Section 9-101
§ 9-101 City correctional institutions. The commissioner of correction
may designate any institution or part thereof under the jurisdiction of
the commissioner for the safekeeping of persons committed to the
department of correction. The commissioner may also designate any
institution or part thereof under his or her jurisdiction for the
safekeeping of female prisoners only. Officers charged with the
transportation of persons committed to the department of correction
shall deliver them to the institution or part thereof as may be directed
by the commissioner.
Section 9-102
§ 9-102 Buildings for common jails. The board of estimate by
resolution may designate from time to time any building or buildings
within the city to be the common jails of such city or of any of the
counties therein. The building or buildings so designated shall be such
common jails until changed by a like resolution of such board.
Section 9-103
§ 9-103 Segregation of prisoners on Hart's Island. The lands and
buildings on Hart's Island shall be utilized for the segregation of
prisoners transferred thereto by the commissioner of correction.
Section 9-104
§ 9-104 Transfer of inmates by commissioner of correction. The
commissioner of correction shall have power to transfer prisoners from
any prison or correctional institution under his or her control to any
other prison or correctional institution under the jurisdiction of the
department.
Section 9-105
§ 9-105 Commitment of witnesses in criminal proceedings. The
commissioner of correction shall have authority concerning the care and
custody of witnesses in criminal proceedings committed to the
institutions under the commissioner's charge. Upon the recommendation of
the district attorney, the commissioner of correction may transfer such
witnesses from one institution under the commissioner's charge to
another such institution.
Section 9-106
§ 9-106 Legislative intent; narcotics treatment program. The charter
empowers the council as the legislative body of the city of New York to
pass laws "for the order, protection and government of persons and
property; for the preservation of the public health, comfort, peace and
prosperity of the city and its inhabitants."
One of the major problems facing New York today, and one which
involves almost every one of the above enumerated powers is the
narcotics problem.
There has been no abatement in the seriously burgeoning scourge of
narcotic addiction in New York city despite the nineteen hundred
sixty-two White House conference on narcotics and drug abuses and the
nineteen hundred sixty-five Gracie Mansion conference on narcotics
addiction, the enactment and administration of article nine of the
mental hygiene law, and the various legislative expressions of interest
and concern on federal, state and city levels.
It has also been adequately demonstrated that the incarceration of an
addict after an arrest and trial without a specific modality of medical
and/or social therapy, even with the involvement of multi-million dollar
expense and capital funding, offers no solution to the problem and even
the establishment of many so-called "half-way houses" dealing with
after-care and the social needs of the drug addict have failed.
Sufficient studies have been made to determine that a program of
treatment which blocks out the craving, narcotic hunger and euphoria
associated with heroin is successful and by giving maintenance dosages
of methadone hydrochloride as a complete substitute for heroin, we can
start to drive down the rate of narcotics addiction in our city.
Between December nineteen hundred sixty-seven and April nineteen
hundred sixty-eight, the city prison at Rikers Island, was used for a
demonstration project for the use of methadone hydrochloride to combat
heroin addiction. This voluntary program involved twelve hard core,
intractable, recidivist addicts, with multiple arrest and long
conviction records and it achieved remarkable results.
One of the conclusions of the final report of this demonstration
project reveals that a large number of the four thousand to five
thousand addict prisoners would be willing to accept methadone
maintenance treatment if it were available. The applicants for
interviews in the prison were so numerous that all could not be
interviewed. Letters from prisoners still continue to arrive requesting
treatment.
Despite the demonstrated success of the program, it is being
abandoned. The final report reflects the reason for not continuing and
expanding the program to realistic dimensions; that reason is the
unavailability of funds. This conclusion is difficult to comprehend in
view of the multi-million dollar funding of other programs, which have
neither revealed any new solutions nor have they demonstrated any degree
of achievement.
It is not anticipated that this legislation will solve the problem.
Hopefully, it will reverse the ever mounting spiral of heroin addiction.
Section 9-107
§ 9-107 Narcotics treatment program. a. The commissioner of correction
shall establish a program for the treatment of heroin addicts through
the use of methadone hydrochloride therapy. The program shall be
available on a voluntary basis only to such inmates as apply, subject to
a medical evaluation, before acceptance, of their need for such
treatment.
b. The commissioner of correction shall provide for the continuance of
such treatment by establishing parole procedures and after-care
evaluation and implementation after the incarceration has terminated,
during the period of parole.
Section 9-108
§ 9-108 Health services. The New York city health and hospital
corporation shall arrange for and make available facilities for
outpatient treatment and suitable amenities for the continuance of
social therapy for all persons who have received such treatment in
conformance with section 9-107 of this code. Such continued treatment
shall be voluntary, and shall commence upon the discharge of such
persons from any penal institution and/or upon the termination of any
period of parole.
Section 9-109
§ 9-109 Classification. The commissioner of correction shall so far as
practicable classify all felons, misdemeanants and violators of local
laws under the commissioner's charge, so that the youthful or less
hardened offenders shall be segregated from the older or more hardened
offenders. The commissioner of correction may set apart one or more of
the penal institutions for the custody of such youthful or less hardened
offenders, and he or she is empowered to transfer such offenders thereto
from any penal institution of the city. The commissioner of correction
is empowered to classify the transferred inmates, so far as practicable,
with regard to age, nature of offense, or other fact, and to separate or
group such offenders according to such classification.
Section 9-110
§ 9-110 Instruction. The commissioner of correction may establish and
maintain schools or classes for the instruction and training of the
inmates of any institution under the commissioner's charge.
Section 9-111
§ 9-111 Libraries. a. The commissioner of correction is empowered to
set aside in the city prison a sufficient space for the purposes of
installing a library for the inmates. The commissioner of correction may
do likewise in any other place in which persons are held for infractions
of the law pending a determination by a court.
b. The commissioner of correction is authorized to accept
contributions of books, pamphlets and periodicals. All such
contributions shall be recorded and catalogued; an account thereof shall
be kept and a report concerning the same shall be made to the
commissioner of correction at least once in each calendar year.
Section 9-112
§ 9-112 Suspension of members of the uniformed force. Where a member
of the uniformed force shall be charged with the commission of a crime,
he or she may be suspended without pay for the duration of the time that
said criminal charges are pending final disposition. If the member is
found not guilty of such criminal charges he or she shall be paid full
back pay for the period of suspension. However, after the final
disposition of said criminal charges no member of the uniformed force
shall be suspended without pay for more than thirty days while awaiting
disposition of departmental charges against such member. If the member
is found not guilty of the departmental charges such member shall be
paid full back pay for the period he or she had been suspended while
awaiting disposition of the departmental charges against such member. In
the event an award of back pay is made pursuant to this section, the
amount of any salary or income earned by the member of the uniformed
force during the period of suspension shall be deducted from the award.
Section 9-113
§ 9-113 Resignation by members of the uniformed force of the
department of correction. Absence, without leave and without an
explanation, of any member of the force for five consecutive work days
shall be deemed and held to be a resignation, and the member so absent
shall, at the expiration of such period, cease to be a member of the
force and be dismissed therefrom.
Section 9-114
§ 9-114 Discipline of inmates. a. Officers in any institution in the
department of correction shall use all suitable means to defend
themselves, to enforce discipline, and to secure the persons of inmates
who shall:
1. Neglect or refuse to perform the work assigned by the officer in
charge of the institution.
2. Wilfully violate the rules and regulations established by the
commissioner of correction.
3. Resist or disobey any lawful command.
4. Offer violence to any officer or to any other prisoner.
5. Injure or attempt to injure any such institution or the
appurtenances thereof or any property therein.
6. Attempt to escape.
7. Combine with any one or more persons for any of the aforesaid
purposes.
b. The officers in any institution of the department of correction
shall not inflict any blows upon a prisoner except in self-defense or to
supress a revolt or insurrection.
Section 9-115
§ 9-115 Correction officers (women) in prisons for women. a. Women
correction officers shall have charge of and shall supervise all female
prisoners and all parts of prisons occupied by such prisoners, or such
parts thereof as the officer in command shall designate to be under
their supervision. At least one woman correction officer shall be on
duty in each prison as long as any female prisoner is detained therein.
b. Women correction officers shall search all women visiting any part
of such prisons, except as otherwise ordered by the commissioner. Only
women correction officers shall be admitted to the corridor or cells of
the female prisoners without the consent of the officer in charge of the
prison.
Section 9-116
§ 9-116 Three platoon system. a. Unless expressly otherwise provided,
whenever used in this section, the following terms shall mean and
include:
1. Custodial officer shall mean and include any and all correction
officers (male), any and all captains, any and all correction officers
(female), and any and all supervising correction officers (female). For
the purposes of this section each of the titles enumerated herein shall
constitute a single employee classification.
2. Working cycle shall mean and include that period of time within
which each custodial officer in an employee classification at an
institution shall be assigned to the same number of each of the normal
tours of duty. Working cycles may vary as between institutions, and may
vary as to the different employee classifications in the same or
different institutions, but in no case may a working cycle exceed one
calendar year in duration.
b. The commissioner of correction or other officer or officers having
the management, control or direction of the department of correction
shall divide all the custodial officers in each employee classification
into three platoons at each institution. No one of such platoons nor any
member thereof shall be assigned to more than one tour of duty, to
consist of not more than ten consecutive hours in each consecutive
twenty-four hours, excepting only that in the event of riots, prison
breaks or other similar emergencies, so many of said platoons or of the
members thereof as may be necessary, may be continued on duty for such
hours as may be necessary. For the purpose of changing tours of duty and
for the necessary time consumed therein, said platoons or members
thereof shall be continued on duty until relieved.
c. Tours of duty shall commence at midnight, eight o'clock ante
meridian and four o'clock post meridian of each consecutive twenty-four
hours. Such tours of duty shall hereinafter be designated as normal
tours of duty. At the discretion of the warden or other officer or
officers in charge of an institution, other tours of duty may be
created. Such tours of duty shall hereinafter be designated as
miscellaneous tours of duty.
Within each complete working cycle at each institution, every
custodial officer in the same employee classification shall be assigned
to the same number of each of the normal tours of duty. For the purpose
of such assignment of normal tours of duty as hereinbefore prescribed,
miscellaneous tours of duty which commence at or after seven o'clock
ante meridian and at or before eleven o'clock ante meridian shall be
considered to be a part of that normal tour of duty which commences at
eight o'clock ante meridian; miscellaneous tours of duty which commence
after eleven o'clock ante meridian and before eight o'clock post
meridian shall be considered to be a part of that normal tour of duty
which commences at four o'clock post meridian; miscellaneous tours of
duty which commence at or after eight o'clock post meridian and before
seven o'clock ante meridian shall be considered to be a part of that
normal tour of duty which commences at midnight.
All normal tours of duty which commence at midnight or at four o'clock
post meridian, and all miscellaneous tours of duty which shall be
considered a part of these normal tours of duty as hereinbefore
prescribed, shall be changed at least once in every calendar month.
Every member of each platoon shall be entitled to at least one
calendar day of rest upon the completion of every six tours of duty.
This day of rest shall not be deferred longer than one calendar week
after such member has become entitled thereto.
None of the foregoing provisions of this section shall apply to or
govern the rotation of tours of duty of custodial officers who may be
detailed or assigned to an institution wherein no inmates are detained
overnight.
Where in any single institution the total number of custodial officers
in any single employee classification is less than four in number, none
of the foregoing provisions of this section shall apply to or govern the
rotation of tours of duty of members of such employee classification in
said institution.
None of the foregoing provisions of this section shall apply to or
govern the rotation of tours of duty of custodial officers who may be
detailed or assigned to what shall hereinafter be known and designated
as the special duty squad at each institution, provided, however, that
the number of custodial officers detailed or assigned to a special duty
squad at any single institution may not exceed twenty-five per centum of
the total number of custodial officers employed at the said institution;
provided, however, that custodial officers detailed or assigned to
special duty squads may be assigned only to that normal tour of duty
commencing at eight o'clock ante meridian, or to miscellaneous tours of
duty constituting a part of such normal tour of duty; and provided
further, however, that throughout the department of correction the total
number of custodial officers detailed or assigned to steady tours of
duty, whether as members of special duty squads or otherwise, shall not
exceed fifteen per centum of the total number of custodial officers
employed in the department of correction. None of the foregoing
provisions of this subdivision shall apply to or govern the rotation of
tours of duty of custodial officers who may be detailed or assigned to
steady tours of duty for reasons of management efficiency, which reasons
shall presumptively include the subdivision of a facility and/or unit
into smaller units of management.
d. All custodial officers shall be allowed a vacation period as may be
authorized in leave regulations promulgated by the mayor. During an
emergency, as defined herein, the vacation period may be withheld for
such length of time as may be necessary. Upon cessation of such
emergency each of such custodial officers from whom a vacation or a
portion of a vacation shall have been withheld during such emergency,
shall receive within six months from such cessation a leave of absence
with pay commensurate with the number of days of such vacation withheld.
f. All general or specific laws inconsistent with this section or with
any part thereof are hereby repealed; provided, however, that this
section shall in no manner affect any provisions of said law concerning
furlough or leave of absence or exempting members of the department of
correction from obligation to wear uniform when not on actual duty.
Section 9-117
§ 9-117 Composition of uniformed force of department of correction;
uniforms. a. The uniformed force of the department of correction shall
consist of the following ranks:
1. Correction officers.
2. Captains.
3. Assistant deputy wardens.
4. Deputy wardens.
5. Wardens.
b. 1. The composition of the uniformed force as established by this
section shall be altered only by the creation therein of new positions
or ranks the appointments to which shall be made only from a list
promulgated as the result of a promotion examination. In such
examination only members of the uniformed force shall be eligible to
compete.
2. The duty of maintaining the custody and supervision of persons
detained or confined by the department of correction shall be performed
solely by members of the uniformed force and shall not be delegated,
transferred or assigned in whole or in part to private persons or
entities.
3. Nothing in this subdivision shall limit in any way persons who are
or will be employed by or under contract with the department of
correction from maintaining incidental supervision and custody of an
inmate, where the primary duties and responsibilities of such persons
and contractors consist of administering or providing programs and
services to persons detained or confined in any of its facilities; nor
shall anything in this subdivision be construed to limit or affect the
existing authority of the mayor and commissioner to appoint
non-uniformed persons, whose duties include overall security of the
department of correction, to positions of authority.
c. The uniforms to be worn by the members of the force shall be
prescribed by the commissioner of correction.
Section 9-117.1
§ 9-117.1 Receipt of line of duty pay. a. A correction officer of the
department of correction shall be entitled pursuant to this section to
the full amount of his or her regular salary for the period of any
incapacity due to illness or injury incurred in the performance and
discharge of duty as a correction officer, as determined by the
department.
b. Nothing in this section shall be construed to affect the rights,
powers and duties of the commissioner pursuant to any other provision of
law, including, but not limited to, the right to discipline a correction
officer by termination, reduction of salary, or any other appropriate
measure; the power to terminate an appointee who has not completed his
or her probationary term; and the power to apply for ordinary or
accident disability retirement for a correction officer.
c. Nothing in this section shall be construed to require payment of
salary to a correction officer who has been terminated, retired,
suspended or otherwise separated from service by reason of death,
retirement or any other cause.
d. A decision as to eligibility for benefits pursuant to this section
shall not be binding on the medical board or the board of trustees of
any pension fund in the determination of eligibility for an accident
disability or accidental death benefit.
e. As used in this section the term "incapacity" shall mean the
inability to perform full, limited, or restricted duty.
Section 9-118
§ 9-118 Commissaries. a. The commissioner of correction may establish
a commissary in any institution under the commissioner's jurisdiction
for the use and benefit of the inmates and employees thereof. All moneys
received from the sales of such commissaries shall be paid over
semi-monthly to the commissioner of finance without deduction. Except as
otherwise provided in this subdivision, the provisions of section 12-114
of the code shall apply to every officer or employee who receives such
moneys in the performance of his or her duties in any such commissary.
The accounts of the commissaries shall be subject to supervision,
examination and audit by the comptroller and all other powers of the
comptroller in accordance with the provisions of the charter and code.
b. All moneys received from the sales from such commissaries shall be
kept in a separate and distinct fund to be known as the commissary fund.
Such fund shall be used for:
1. The purchase of all merchandise for resale in such commissaries;
2. The purchase of supplies, materials, and equipment for such
commissaries;
3. The furnishing of work or labor to be done for such commissaries;
and
4. All other costs and expenses of operating such commissaries other
than the salaries of officers and employees employed in such
commissaries.
c. Any surplus remaining in the commissary fund after deducting all
items described in subdivision b hereof shall be used for the general
welfare of the inmates of the institutions under the jurisdiction of the
department of correction. In the event such fund at any time exceeds one
hundred thousand dollars, the excess shall be transferred to the general
fund.
d. All expenditures for items described in paragraph one of
subdivision b of this section shall be made upon vouchers issued by the
commissioner of correction and subject to audit by the comptroller. All
other expenditures described in subdivision b and subdivision c of this
section shall be made by the commissioner in accordance with schedules
approved by the mayor or of the director of the budget acting in
accordance with a delegation of power from the mayor. All supplies,
materials, equipment and merchandise to be furnished and all work or
labor to be done, the cost of which is payable from the commissary fund,
shall be furnished or provided in accordance with the provisions of
chapter one of title six of the charter and of the code.
e. The salaries of the employees of such commissaries shall be fixed
by the mayor.
f. Any officer or employee, whose duties in connection with the
commissary fund involve possession of or control over funds, shall
execute a bond to the city for the faithful performance of his or her
duties in such sum as may be fixed and with sureties to be approved by
the comptroller.
Section 9-119
§ 9-119 Requisitions. The chief officer of any institution under the
charge of the commissioner of correction shall make his or her
requisitions in writing upon the commissioner for all articles such
officer deems necessary to be used in such institution. Such officer
shall keep an accurate account thereof.
Section 9-120
§ 9-120 Reports of subordinate officers. The chief officer of any
institution under the charge of the commissioner of correction shall
report once in each week to the commissioner of correction. Such report
shall set forth:
1. The number of persons who have been received, discharged or
transferred.
2. The number who have become sick or who have died.
3. The number remaining in the institution under the charge of such
chief officer.
4. The discipline which has been maintained.
5. The quantity and kind of labor performed.
6. Such other information as the commissioner of correction requires.
Section 9-121
§ 9-121 Records of inmates of institutions. The commissioner of
correction shall keep and preserve a proper record of all persons who
shall come under the commissioner's care or custody, and of the
disposition of each, with full particulars as to the name, age, sex,
color, nativity and religious faith, together with a statement of the
cause and length of detention. Except as otherwise provided by law, the
records kept pursuant to this section shall be public and shall be open
to public inspection.
Section 9-122
§ 9-122 Labor of prisoners in other agencies; correction officers. A
correction officer or correction officers from the department of
correction shall at all times direct and guard all inmates of any of the
institutions in the department of correction who are performing work for
any other agency.
Section 9-123
§ 9-123 Cultivation of land. The commissioner of correction may use
for agricultural purposes all the lands under his or her jurisdiction
which are capable of cultivation and which are not otherwise occupied or
utilized.
Section 9-124
§ 9-124 Manufacturing fund. The establishment of a fund to be known as
"manufacturing fund, department of correction," is authorized. The
comptroller is directed to place in such fund all moneys received or
realized through the sale of articles manufactured by the department of
correction. The comptroller is authorized to charge against such fund
any voucher received from the department of correction for the purchase
of materials, supplies, equipment, repairs, replacements and royalties
on manufacturing industry machines to be used in its manufacturing
industries. The comptroller is further directed to transfer to the
general fund of the city at the end of each calendar year any sums
remaining in such manufacturing fund in excess of seventy-five thousand
dollars of the unencumbered balance.
Section 9-125
§ 9-125 Civil jail. a. The commissioner of correction shall have
custody of civil prisoners and the prisons wherein they are confined.
b. The commissioner of correction may keep in any place or places
under the commissioner's jurisdiction persons lawfully committed to his
or her custody without regard to the county wherein such persons may
have been arrested. Any such person who is entitled to the liberties of
the jail must be admitted to the jail liberties of the county wherein
such person was originally arrested.
Section 9-126
§ 9-126 Jurisdiction of commissioner of correction over civil
prisoners. Any part of the institutions under the jurisdiction of the
commissioner of correction which shall be set aside for the
accommodation of prisoners detained by civil process shall be under the
control of such commissioner of correction.
Section 9-127
* § 9-127 Housing, employment and sobriety needs. a. The department of
correction and the department of homeless services shall develop a
process for identifying individuals who repeatedly are admitted to city
correctional institutions and who, in addition, either immediately
before their admission to or after their release from such institutions,
are housed in shelter provided by the department of homeless services.
b. The department of correction shall collect, from any sentenced
inmate who will serve, after sentencing, ten days or more in any city
correctional institution, information relating to such inmate's housing,
employment and sobriety needs. The department of correction shall, with
the consent of such inmate, provide such information to any social
service organization that is providing discharge planning services to
such inmate under contract with the department of correction. For the
purposes of this section and sections 9-128 and 9-129 of this title,
"discharge planning" shall mean the creation of a plan for post-release
services and assistance with access to community-based resources and
government benefits designed to promote an inmate's successful
reintegration into the community.
* NB Repealed June 30, 2015
Section 9-128
* § 9-128 Applications for government benefits. a. The department of
correction shall make applications for government benefits available to
inmates by providing such applications in areas accessible to inmates in
city correctional institutions.
b. The department of correction shall provide assistance with the
preparation of applications for government benefits and identification
to sentenced inmates who will serve, after sentencing, thirty days or
more in any city correctional institution and who receive discharge
planning services from the department of correction or any social
services organization under contract with the department of correction,
and, in its discretion, to any other inmate who may benefit from such
assistance.
c. Notwithstanding any other provision of law, any person born in the
city of New York and sentenced to ninety days or more in a New York city
correctional facility who will serve, after sentencing, thirty days or
more in a New York city correctional facility, shall be provided by the
department before or at release, or within two weeks thereafter if
extenuating circumstances exist, at no cost to such person, a certified
copy of his or her birth certificate to be used for any lawful purpose;
provided that such person has requested a copy of his or her birth
certificate from the department at least two weeks prior to release.
Upon such request, the department shall request such certificate from
the department of health and mental hygiene in a form and manner
approved by the commissioner of the department of health and mental
hygiene. The department shall inform such person of his or her ability
to receive such certificate pursuant to the provisions of this
subdivision within three days of his or her admission to a sentencing
facility. No person shall receive more than one birth certificate
without charge pursuant to this subdivision.
* NB Repealed June 30, 2015
Section 9-129
* § 9-129 Reporting. The commissioner of correction shall submit a
report to the mayor and the council by October first of each year
regarding implementation of sections 9-127 and 9-128 of this title and
other discharge planning efforts, and, beginning October first, two
thousand eight and annually thereafter, regarding recidivism among
inmates receiving discharge planning services from the department of
correction or any social services organization under contract with the
department of correction.
* NB Repealed June 30, 2015
Section 9-130
§ 9-130 Jail data reporting on adolescents. a. Definitions. For
purposes of this section, the following terms shall have the following
meanings:
1. "Adolescent" shall mean persons 16, 17 and 18 years of age.
2. "Department" shall mean the New York city department of correction.
3. "Serious injury as a result of adolescent on adolescent fights"
shall mean a physical injury that includes: (i) a substantial risk of
death or disfigurement; (ii) loss or impairment of a bodily organ; (iii)
a fracture or break to a bone, excluding fingers and toes; (iv) an
injury defined as serious by a physician; and (v) any additional injury
as defined by the department.
4. "Staff" shall mean anyone, other than an inmate, working at a
facility operated by the department.
5. "Use of force" shall mean the use of chemical agents or physical
contact between a uniformed member of service and an inmate, but shall
not include physical contact used in a non-confrontational manner to
apply mechanical restraints or to guide an inmate.
6. "Use of force A" shall mean a use of force resulting in an injury
that requires medical treatment beyond the prescription of
over-the-counter analgesics or the administration of minor first aid,
including, but not limited to: (i) multiple abrasions and/or contusions;
(ii) chipped or cracked tooth; (iii) loss of tooth; (iv) laceration; (v)
puncture; (vi) fracture; (vii) loss of consciousness, including a
concussion; (viii) suture; (ix) internal injuries, including but not
limited to ruptured spleen or perforated eardrum; or (x) admission to a
hospital.
7. "Use of force B" shall mean a use of force resulting in an injury
that does not require hospitalization or medical treatment beyond the
prescription of over-the-counter analgesics or the administration of
minor first aid.
b. The commissioner of correction shall post a report on the
department website within fifteen days of the beginning of each fiscal
year quarter containing information pertaining to adolescents in city
jails for the prior quarter; unless a different time period is specified
for a particular indicator. Such quarterly report shall indicate the
average daily adolescent population for the reporting period and the
prior fiscal year total for each indicator. The report shall include
information regarding census data and security indicators for city
jails, as follows:
1. Census data. The report shall include, on an annual basis, separate
indicators for: (i) the total number of adolescent admissions to city
jails disaggregated by age and gender; and (ii) the percentage of those
admitted who were previously admitted to a facility operated by the
department; and (iii) the percentage of those admitted who within the
last year were admitted to a facility under the jurisdiction of the
department of juvenile justice. Such annual report shall indicate the
percentage change for each census data indicator from the prior year.
2. Security indicators for city jails. The report shall include
separate indicators, disaggregated by facility, for the total number of:
(i) stabbings involving an adolescent, (ii) slashings involving an
adolescent, (iii) assaults on staff by adolescents, (iv) fight
infractions written against adolescents, (v) allegations of use of force
A involving adolescents, (vi) incidents of use of force A involving
adolescents, (vii) allegations of use of force B involving adolescents,
(viii) incidents of use of force B involving adolescents; (ix)
adolescent hospital admissions as a result of use of force A; (x)
incidents of use of force involving adolescents that result in no
injury; (xi) incidents of use of force involving adolescents in which
chemical agents are used; (xii) serious injuries as a result of
adolescent on adolescent fights, (xiii) hospital admissions of
adolescents as a result of adolescent on adolescent fights; (xiv)
homicides involving adolescents, (xv) attempted suicides by adolescents;
(xvi) suicides by adolescents; (xvii) substantiated incidents of
adolescent on adolescent sexual assault; (xviii) substantiated incidents
of staff on adolescent sexual assault.
3. Additional indicators for city jails. The report shall include, on
an annual basis, separate indicators, disaggregated by facility, for the
total number of: (i) allegations of adolescent on adolescent sexual
assault; (ii) allegations of staff on adolescent sexual assault; and
(iii) adolescent on adolescent fights that result in (a) loss of
consciousness, including concussions, not otherwise reported; and (b)
internal injuries not otherwise reported.
Section 9-131
§ 9-131 Persons not to be detained. a. Definitions. For the purposes
of this section, the following terms shall have the following meanings:
1. "Civil immigration detainer" shall mean a detainer issued pursuant
to 8 C.F.R. 287.7.
2. "Convicted of a covered crime" shall mean a final judgment of guilt
entered on a covered crime, including a conditional discharge pursuant
to section 410.10 of the criminal procedure law, or a comparable
provision of federal law or the law of another state. An individual
shall not be considered convicted of a covered crime if that individual:
i. was adjudicated as a youthful offender, pursuant to article seven
hundred twenty of the criminal procedure law, or a comparable status
pursuant to federal law or the law of another state, or a juvenile
delinquent, as defined by subdivision one of section 301.2 of the family
court act, or a comparable status pursuant to federal law or the law of
another state; or
ii. has never had a final judgment of guilt entered against him or her
on a felony and has not had a final judgment of guilt entered against
him or her on a misdemeanor that is a covered crime for at least ten
years prior to the date of the instant arrest.
3. "Covered crime" shall mean a misdemeanor or felony charge brought
in any of the criminal courts of the state of New York, as defined in
section 10.10 of the criminal procedure law, or any other court of
competent jurisdiction in the United States, provided, however, that a
charge brought pursuant to section 230.00 of the penal law, section
240.37 of the penal law, except when such charge relates to the
patronizing of a prostitute, or subdivision one or subparagraph (i) or
(iv) of paragraph (a) of subdivision two of section five hundred eleven
of the vehicle and traffic law, or a comparable provision of federal law
or the law of another state, shall not be deemed a covered crime.
4. "Covered criminal case" shall mean a case in any of the criminal
courts of the state of New York, as defined in section 10.10 of the
criminal procedure law, or any other court of competent jurisdiction in
the United States, excluding the family court of the state of New York
or a comparable court in another jurisdiction in the United States,
where any felony charge, or a misdemeanor charge pursuant to any of the
following provisions, or a comparable provision of federal law or the
law of another state, is pending.
A. section 120.00 of the penal law, unless the defendant is ordered by
the court to be released for failure to replace the misdemeanor
complaint with an information pursuant to section 170.70 of the criminal
procedure law;
B. article one hundred thirty of the penal law;
C. section 265.01 of the penal law, provided that such charge relates
to possession of a firearm, rifle, shotgun, bullet or ammunition;
D. section 215.50 of the penal law, unless the defendant is ordered by
the court to be released for failure to replace the misdemeanor
complaint with an information pursuant to section 170.70 of the criminal
procedure law; or
E. article thirty-one of the vehicle and traffic law.
5. "Department" shall mean the New York city department of correction
and shall include all officers, employees and persons otherwise paid by
or acting as agents of the department.
6. "Federal immigration authorities" shall mean any officer, employee
or person otherwise paid by or acting as an agent of United States
immigration and customs enforcement or any division thereof or any other
officer, employee or person otherwise paid by or acting as an agent of
the United States department of homeland security who is charged with
enforcement of the civil provisions of the immigration and nationality
act.
7. i. "Pending covered criminal case" shall mean a covered criminal
case where judgment has not been entered.
ii. Notwithstanding anything to the contrary in subparagraph i of this
paragraph, an individual who is a defendant in more than one case where
judgment has not been entered and where a covered crime is charged,
shall be deemed to be a defendant in a pending covered criminal case.
iii. Any individual whose case is disposed of with an adjournment in
contemplation of dismissal pursuant to section 170.55 or 170.56 of the
criminal procedure law, or a comparable provision of federal law or the
law of another state, shall not be deemed to be a defendant in a pending
covered criminal case, or a case in which a covered crime is charged for
purposes of subparagraph (ii) of this paragraph.
iv. Any individual who has been sentenced to conditional discharge
pursuant to section 410.10 of the criminal procedure law or a comparable
provision of federal law or the law of another state, shall not be
deemed to be a defendant in a pending covered criminal case, or a case
in which a covered crime is charged for purposes of subparagraph ii of
this paragraph.
v. Any individual who, if convicted, must be found by the court to be
a youthful offender, pursuant to paragraph (b) of subdivision one of
section 720.20 of the criminal procedure law, or a comparable status
pursuant to federal law or the law of another state, shall not be deemed
to be a defendant in a pending covered criminal case.
8. "Terrorist screening database" shall mean the United States
terrorist watch list or any similar or successor list maintained by the
United States.
b. Prohibition on honoring a civil immigration detainer. 1. The
department shall not honor a civil immigration detainer by:
i. holding an individual beyond the time when such individual would
otherwise be released from the department's custody, except for such
reasonable time as is necessary to conduct the search specified in
paragraph two of this subdivision, or
ii. notifying federal immigration authorities of such individual's
release.
2. Paragraph one of this subdivision shall not apply when:
i. a search, conducted at or about the time when such individual would
otherwise be released from the department's custody, of state and
federal databases, or any similar or successor databases, accessed
through the New York state division of criminal justice services
e-JusticeNY computer application, or any similar or successor computer
application maintained by the city of New York or state of New York,
indicates, or the department has been informed by a court, that such
individual:
A. has been convicted of a covered crime;
B. is a defendant in a pending covered criminal case;
C. has an outstanding criminal warrant in the state of New York or
another jurisdiction in the United States;
D. is identified as a known gang member in the database of the
national crime information center or any similar or successor database
maintained by the United States; or
E. is identified as a possible match in the terrorist screening
database.
ii. the search conducted pursuant to subparagraph i of this paragraph
indicates, or the department has been informed by federal immigration
authorities, that such individual:
A. has an outstanding warrant of removal issue pursuant to 8 C.F.R.
241.2; or
B. is or has previously been subject to a final order of removal
pursuant to 8 C.F.R. 1241.1.
3. Nothing in this section shall affect the obligation of the
department to maintain the confidentiality of any information obtained
pursuant to paragraph two of this subdivision.
c. No conferral of authority. Nothing in this section shall be
construed to confer any authority on any entity to hold individuals on
civil immigration detainers beyond the authority, if any, that existed
prior to the enactment of this section.
d. No conflict with existing law. This local law supersedes all
conflicting policies, rules, procedures and practices of the city of New
York. Nothing in this local law shall be construed to prohibit any city
agency from cooperating with federal immigration authorities when
required under federal law. Nothing in this local law shall be
interpreted or applied so as to create any power, duty or obligation in
conflict with any federal or state law.
e. No private right of action. Nothing contained in this section or in
the administration or application hereof shall be construed as creating
any private right of action on the part of any persons or entity against
the city of New York or the department.
f. Reporting. No later than September 30, 2012 and no later than
September thirtieth of each year thereafter, the department shall post a
report on the department website that includes the following information
for the preceding twelve month period:
1. the total number of detainers lodged with the department,
disaggregated to the extent possible by the reason given by federal
immigration authorities for issuing detainers, including, but not
limited to, that federal immigration authorities:
i. had reason to believe that the individuals in the department's
custody are subject to removal from the United States;
ii. initiated removal proceedings and served a notice to appear or
other charging document on individuals in the department's custody;
iii. served a warrant of arrest for removal proceedings on individuals
in the department's custody; or
iv. obtained orders of deportation or removal from the United States
for individuals in the department's custody;
2. the number of individuals held pursuant to civil immigration
detainers beyond the time when such individual would otherwise be
released from the department's custody, disaggregated to the extent
possible by the reason given by federal immigration authorities for
issuing the detainers, including, but not limited to, that federal
immigration authorities:
i. had reason to believe that the individuals in the department's
custody are subject to removal from the United States;
ii. initiated removal proceedings and served a notice to appear or
other charging document on individuals in the department's custody;
iii. served a warrant of arrest for removal proceedings on individuals
in the department's custody; or
iv. obtained orders of deportation or removal from the United States
for individuals in the department's custody;
3. the number of individuals transferred to the custody of federal
immigration authorities pursuant to civil immigration detainers;
4. the number of individuals transferred to the custody of federal
immigration authorities pursuant to civil immigration detainers who had
at least one felony conviction;
5. the number of individuals transferred to the custody of federal
immigration authorities pursuant to civil immigration detainers who had
at least one misdemeanor conviction but no felony convictions;
6. the number of individuals transferred to the custody of federal
immigration authorities pursuant to civil immigration detainers who had
no misdemeanor or felony convictions;
7. the number of individuals transferred to the custody of federal
immigration authorities pursuant to civil immigration detainers
subsequent to the dismissal of the criminal case that brought the
individual into the department's custody;
8. the number of individuals transferred to the custody of federal
immigration authorities pursuant to civil immigration detainers who had
no misdemeanor or felony convictions and had an outstanding warrant of
removal issued pursuant to 8 C.F.R. 241.2; or had previously been
subject to a final order of removal pursuant to 8 C.F.R. 1241.1.
9. the number of individuals transferred to the custody of federal
immigration authorities pursuant to civil immigration detainers who had
no misdemeanor or felony convictions and were identified as known gang
members in the database of the national crime information center or a
successor database maintained by the United States;
10. the number of individuals transferred to the custody of federal
immigration authorities pursuant to civil immigration detainers who had
no misdemeanor or felony convictions and were identified as possible
matches in the terrorist screening database;
11. the number of individuals transferred to the custody of federal
immigration authorities pursuant to civil immigration detainers who had
no misdemeanor or felony convictions and were identified as both
possible matches in the terrorist screening database and known gang
members in the database of the national crime information center or a
successor database maintained by the United States;
12. the number of individuals transferred to the custody of federal
immigration authorities pursuant to civil immigration detainers who had
no misdemeanor or felony convictions and were defendants in a pending
criminal case;
13. the number of individuals transferred to the custody of federal
immigration authorities pursuant to civil immigration detainers who had
no misdemeanor or felony convictions and were charged with a felony or
felonies in a pending covered criminal case;
14. the number of individuals transferred to the custody of federal
immigration authorities pursuant to civil immigration detainers who had
no misdemeanor or felony convictions and were charged solely with a
misdemeanor or misdemeanors in a pending covered criminal case;
15. the amount of state criminal alien assistance funding requested
and received from the federal government;
16. the number of individuals for whom civil immigration detainers
were not honored pursuant to subdivision b of this section; and
17. the number of individuals held pursuant to civil immigration
detainers beyond the time when such individuals would otherwise have
been released from the department's custody who were not transferred to
the custody of federal immigration authorities either because of the
expiration of the forty-eight-hour hold period provided in 8 C.F.R.
287.7 or because federal immigration authorities disavowed an intention
to assume custody.
g. For the purpose of this section, any reference to a statute, rule,
or regulation shall be deemed to include any successor provision.
Section 9-132
§ 9-132 Hart's Island electronic burial database. a. The department of
correction shall post and maintain an electronic database of all burials
on Hart's Island since nineteen hundred seventy-seven on the
department's website, and shall not charge a fee to the public to search
such database.
Section 9-133.
§ 9-133. Hart's Island visitation policy. a. The department of
correction shall reduce its Hart's Island visitation policy to writing,
post such policy on the department of correction website and make it
available to anyone who requests a copy.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.