N.Y. Correction Law § 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, 2027