NY Corr L § 500-B (2021)
2021 New York Laws COR - Correction Article 20 - Local Correctional Facilities 500-B - Housing of Prisoners and Other Persons in Custody.

* §  500-b.  Housing  of prisoners and other persons in custody. 1. As used in this section, the term "chief administrative officer" shall mean the person responsible  pursuant  to  section  five  hundred-c  of  this article  for  receiving and safely keeping persons committed to a county jail.   2. In any case in which the chief administrative officer has more than one jail under his jurisdiction, he may  confine  a  civil  or  criminal prisoner  in  any such jail and may remove the prisoner from one jail to another, within the county, whenever  he  deems  it  necessary  for  his safekeeping, or for the prisoner's appearance at court.   3.  No female confined in a county jail shall be assigned to or housed in a facility housing unit  with  a  male;  and  if  detained  on  civil process,  or for contempt, or as a witness, she shall not be put or kept in the same room with a man, except her husband.   4. No person under eighteen years of age shall be placed  or  kept  or allowed  to be at any time with any prisoner or prisoners eighteen years of age or older, in any room, dormitory, cell or tier of  the  buildings of  such  institution  unless  separately  grouped  to prevent access to persons under eighteen years of age by prisoners eighteen years  of  age or older.   6. The commission shall promulgate rules and regulations in accordance with subdivisions seven and eight of this section to assure that persons in custody in local correctional facilities will be afforded appropriate precautions  for  their  personal  safety  and  welfare in assignment to housing.   7.  (a)  Consistent  with  the  commission's  rules  and   regulations regarding  the  assignment of incarcerated individuals to housing units, the chief  administrative  officer  shall  exercise  good  judgment  and discretion  and  shall  take  all  reasonable  steps  to ensure that the assignment of persons to facility housing units:  (1) fosters the safety, security and good order of the jail; and  (2) affords  appropriate  precautions  for  the  personal  safety  and welfare of persons in custody with particular attention to those who are known to be vulnerable to assault or any physical or mental abuse.  (b)  The  chief administrative officer shall consider the following in complying with this subdivision:  (1) prior victimization in jail or prison;  (2) prior history of mental illness;  (3) prior history of sex offenses;  (4) prior history of a hostile relationship with another  incarcerated individual;  (5) prior attempts at self-injury or suicide;  (6) prior attempted escapes;  (7) any mental or physical handicapping condition; and  (8)  any  other  information  concerning  the safety or welfare of the incarcerated individual.  (c) In considering the above  information,  the  chief  administrative officer shall examine the following:  (1)  records  made  available  to  such  officer  at  the  time of the commitment by the court or law enforcement agency;  (2)  determinations  made  upon  an  interview  with  an  incarcerated individual at the time of classification;  (3)   records,   to  the  extent  relevant  and  known  to  the  chief administrative officer, maintained by the department of corrections  and community  supervision  and/or  any  local correctional facility in this state and which are accessible and available to the chief administrative officer; and  (4) any other relevant information brought to  the  attention  of  the chief  administrative  officer  by  any  person  with  knowledge  of the conditions of the defendant.   8.   Where   the   commission  finds  substantial  noncompliance  with commission rules and regulations with regard  to  (a)  minimum  staffing requirements; or (b) maximum jail capacity and security requirements; or (c)  where  it  is  determined that the county does not have an approved service plan in effect pursuant to article thirteen-A of  the  executive law  or  is  found  to  be  in  non-compliance therewith, as provided in section two hundred sixty-three of  such  law,  it  shall  prohibit  the commingling   of   any  of  the  following  categories  of  incarcerated individuals:  (1) persons in custody on civil process, or committed for contempt, or detained as witnesses with persons detained  for  trial  or  examination upon a criminal charge with convicts under sentence;  (2)  persons  detained for trial or examination upon a criminal charge with convicts under sentence;  (3) persons under eighteen years of age with persons eighteen years of age or older; or  (4) a woman detained  in  any  county  jail  or  penitentiary  upon  a criminal  charge  or  as  a  convict  under  sentence with a man; and if detained on civil process, or for contempt, or as a witness in a room in which there are no other prisoners with a man, except with her husband.   Such prohibition shall continue until  such  time  as  the  commission finds  that  the  county  is no longer in substantial noncompliance with paragraphs (a), (b) and (c) of this subdivision.   Notwithstanding the provisions of this subdivision  to  the  contrary, classification  as authorized pursuant to this section may occur without compliance with paragraphs (b) and (c) of this subdivision for a  period not  to exceed six months immediately following the submission of a plan to the division  pursuant  to  section  two  hundred  sixty-two  of  the executive  law.  During  such  six  month  period  the  commission shall undertake  to  review,  observe  and  assess   the   classification   of incarcerated  individuals in local correctional facilities as authorized under this section to  thereby  ascertain  safeguards  which  should  be incorporated  in  its  rules  and  regulations. Further, during such six month period in which such classification shall be permitted pursuant to this  subdivision,  the  commission  shall  evaluate  whether  a   local correctional  facility  is  in  substantial noncompliance with rules and regulations regarding the requirements specified in paragraphs (a),  (b) and  (c)  of this subdivision and shall determine at the end of such six month period whether substantial noncompliance exists. At the expiration of the six month period if the commission  finds  a  local  facility  in substantial   noncompliance,   the   commission  shall  order  that  the prohibition set forth in this subdivision immediately take  effect.  The commissioner  shall  advise  the  chief  administrative  officer of such facility of the specific nature of the noncompliance  and  the  specific measures  which  should  be undertaken to remedy the noncompliance. When such measures have been implemented, the  chief  administrative  officer shall certify same to the commissioner and upon the verification thereof by  the  commissioner,  shall permit the chief administrative officer to classify incarcerated individuals as provided under this section. In the event substantial noncompliance is not found at the  expiration  of  the six  month  period, then the local correctional facility may continue to classify incarcerated individuals as authorized in this section.   9. The chief administrative officer shall forward to the commission  a quarterly  report  relative  to the housing of incarcerated individuals. The report shall include, but not be limited to:  (a) all unusual incidents or assaults occurring in a housing unit;  (b) staffing;  (c) daily prisoner population counts;  (d)  verification  that  the  locality  is  maintaining  security  and supervision records as mandated pursuant to the commission's  rules  and regulations;  (e)  court orders which have been issued and which relate to staffing, jail capacity or security requirements; and  (f) any other information requested by the commission and available to the chief administrative officer with respect to this section.   10. The  commission  shall  conduct  on-site  inspections  and  review reports required by this section to monitor the assignment of persons to facility housing units as governed by this section.   11.  The  commission  shall  submit  to  the  governor,  the temporary president of the senate, the speaker of the assembly,  the  chairman  of the  senate  crime  and  correction  committee  and  the chairman of the assembly committee on codes, by March first of each year, its evaluation and  assessment  of  housing  in  county  jails,   together   with   any recommendations  with  respect to the proper operation or improvement of housing in county jails.   12. The provisions of this section shall govern only the assignment of persons to facility housing units and shall not be construed to prohibit the commingling of persons during their participation  in  any  facility program or activity, including meals and visitations.   13.  Where  in  the  opinion  of  the  chief administrative officer an emergency overcrowding condition exists in a local correctional facility caused in part by the prohibition against  the  commingling  of  persons under  eighteen years of age with persons eighteen years of age or older or the commingling of persons  eighteen  years  of  age  or  older  with persons  under  eighteen  years of age, the chief administrative officer may  apply  to  the  commission  for   permission   to   commingle   the aforementioned  categories  of incarcerated individuals for a period not to  exceed  thirty  days  as  provided  herein.  The  commission   shall acknowledge  to  the  chief  administrative  officer the receipt of such application upon its receipt. The chief administrative officer shall  be permitted to commingle such incarcerated individuals upon acknowledgment of  receipt  of  the application by the commission. The commission shall assess the application within seven  days  of  receipt.  The  commission shall  deny  any  such  application  and  shall  prohibit  the continued commingling of such incarcerated individuals where it has found that the local correctional facility does not meet the criteria set forth in this subdivision and further is in  substantial  noncompliance  with  minimum staffing  requirements  as provided in commission rules and regulations. In addition, the commission shall determine whether the  commingling  of such incarcerated individuals presents a danger to the health, safety or welfare  of  any  such incarcerated individual. If no such danger exists the chief administrative officer may continue the commingling until  the expiration of the aforementioned thirty day period or until such time as he  or  she  determines  that  the  overcrowding  which necessitated the commingling no longer exists, whichever occurs first. In the  event  the commission  determines  that  such  danger  exists, it shall immediately notify the chief administrative officer, and  the  commingling  of  such incarcerated  individuals  shall  cease. Such notification shall include specific measures which should be undertaken by the chief administrative officer, to correct such dangers. The chief administrative  officer  may correct  such  dangers  and  reapply to the commission for permission to commingle; however, no commingling may take place until such time as the commission certifies that the facility is now  in  compliance  with  the  measures set forth in the notification under this subdivision. When such certification has been received by the chief administrative officer, the commingling may continue for thirty days, less any time during which the chief  administrative  officer  commingled such incarcerated individuals following his or her application to the commission, or until  such  time as   he   determines   that  the  overcrowding  which  necessitated  the commingling  no  longer  exists,  whichever  occurs  first.  The   chief administrative  officer  may  apply  for  permission  to  commingle such incarcerated individuals for up to two additional thirty day periods, in conformity with the provisions and the requirements of this subdivision, in a given calendar year. For  the  period  ending  December  thirtieth, nineteen hundred eighty-four, a locality may not apply for more than one thirty day commingling period.   * NB Repealed September 1, 2023