§ 500-B — Housing of prisoners and other persons in custody

* § 500-b. Housing of prisoners and other persons in custody. 1. As\nused in this section, the term "chief administrative officer" shall mean\nthe person responsible pursuant to section five hundred-c of this\narticle for receiving and safely keeping persons committed to a county\njail.\n 2. In any case in which the chief administrative officer has more than\none jail under his jurisdiction, he may confine a civil or criminal\nprisoner in any such jail and may remove the prisoner from one jail to\nanother, within the county, whenever he deems it necessary for his\nsafekeeping, or for the prisoner's appearance at court.\n 3. No female confined in a county jail shall be assigned to or housed\nin a facility housing unit with a male; and if detained on civil\nprocess, or for contempt, or as a witness, she shall not be put or kept\nin the same room with a man, except her husband.\n 4. No person under eighteen years of age shall be placed or kept or\nallowed to be at any time with any prisoner or prisoners eighteen years\nof age or older, in any room, dormitory, cell or tier of the buildings\nof such institution unless separately grouped to prevent access to\npersons under eighteen years of age by prisoners eighteen years of age\nor older.\n 6. The commission shall promulgate rules and regulations in accordance\nwith subdivisions seven and eight of this section to assure that persons\nin custody in local correctional facilities will be afforded appropriate\nprecautions for their personal safety and welfare in assignment to\nhousing.\n 7. (a) Consistent with the commission's rules and regulations\nregarding the assignment of incarcerated individuals to housing units,\nthe chief administrative officer shall exercise good judgment and\ndiscretion and shall take all reasonable steps to ensure that the\nassignment of persons to facility housing units:\n (1) fosters the safety, security and good order of the jail; and\n (2) affords appropriate precautions for the personal safety and\nwelfare of persons in custody with particular attention to those who are\nknown to be vulnerable to assault or any physical or mental abuse.\n (b) The chief administrative officer shall consider the following in\ncomplying with this subdivision:\n (1) prior victimization in jail or prison;\n (2) prior history of mental illness;\n (3) prior history of sex offenses;\n (4) prior history of a hostile relationship with another incarcerated\nindividual;\n (5) prior attempts at self-injury or suicide;\n (6) prior attempted escapes;\n (7) any mental or physical handicapping condition; and\n (8) any other information concerning the safety or welfare of the\nincarcerated individual.\n (c) In considering the above information, the chief administrative\nofficer shall examine the following:\n (1) records made available to such officer at the time of the\ncommitment by the court or law enforcement agency;\n (2) determinations made upon an interview with an incarcerated\nindividual at the time of classification;\n (3) records, to the extent relevant and known to the chief\nadministrative officer, maintained by the department of corrections and\ncommunity supervision and/or any local correctional facility in this\nstate and which are accessible and available to the chief administrative\nofficer; and\n (4) any other relevant information brought to the attention of the\nchief administrative officer by any person with knowledge of the\nconditions of the defendant.\n 8. Where the commission finds substantial noncompliance with\ncommission rules and regulations with regard to (a) minimum staffing\nrequirements; or (b) maximum jail capacity and security requirements; or\n(c) where it is determined that the county does not have an approved\nservice plan in effect pursuant to article thirteen-A of the executive\nlaw or is found to be in non-compliance therewith, as provided in\nsection two hundred sixty-three of such law, it shall prohibit the\ncommingling of any of the following categories of incarcerated\nindividuals:\n (1) persons in custody on civil process, or committed for contempt, or\ndetained as witnesses with persons detained for trial or examination\nupon a criminal charge with convicts under sentence;\n (2) persons detained for trial or examination upon a criminal charge\nwith convicts under sentence;\n (3) persons under eighteen years of age with persons eighteen years of\nage or older; or\n (4) a woman detained in any county jail or penitentiary upon a\ncriminal charge or as a convict under sentence with a man; and if\ndetained on civil process, or for contempt, or as a witness in a room in\nwhich there are no other prisoners with a man, except with her husband.\n Such prohibition shall continue until such time as the commission\nfinds that the county is no longer in substantial noncompliance with\nparagraphs (a), (b) and (c) of this subdivision.\n Notwithstanding the provisions of this subdivision to the contrary,\nclassification as authorized pursuant to this section may occur without\ncompliance with paragraphs (b) and (c) of this subdivision for a period\nnot to exceed six months immediately following the submission of a plan\nto the division pursuant to section two hundred sixty-two of the\nexecutive law. During such six month period the commission shall\nundertake to review, observe and assess the classification of\nincarcerated individuals in local correctional facilities as authorized\nunder this section to thereby ascertain safeguards which should be\nincorporated in its rules and regulations. Further, during such six\nmonth period in which such classification shall be permitted pursuant to\nthis subdivision, the commission shall evaluate whether a local\ncorrectional facility is in substantial noncompliance with rules and\nregulations regarding the requirements specified in paragraphs (a), (b)\nand (c) of this subdivision and shall determine at the end of such six\nmonth period whether substantial noncompliance exists. At the expiration\nof the six month period if the commission finds a local facility in\nsubstantial noncompliance, the commission shall order that the\nprohibition set forth in this subdivision immediately take effect. The\ncommissioner shall advise the chief administrative officer of such\nfacility of the specific nature of the noncompliance and the specific\nmeasures which should be undertaken to remedy the noncompliance. When\nsuch measures have been implemented, the chief administrative officer\nshall certify same to the commissioner and upon the verification thereof\nby the commissioner, shall permit the chief administrative officer to\nclassify incarcerated individuals as provided under this section. In the\nevent substantial noncompliance is not found at the expiration of the\nsix month period, then the local correctional facility may continue to\nclassify incarcerated individuals as authorized in this section.\n 9. The chief administrative officer shall forward to the commission a\nquarterly report relative to the housing of incarcerated individuals.\nThe report shall include, but not be limited to:\n (a) all unusual incidents or assaults occurring in a housing unit;\n (b) staffing;\n (c) daily prisoner population counts;\n (d) verification that the locality is maintaining security and\nsupervision records as mandated pursuant to the commission's rules and\nregulations;\n (e) court orders which have been issued and which relate to staffing,\njail capacity or security requirements; and\n (f) any other information requested by the commission and available to\nthe chief administrative officer with respect to this section.\n 10. The commission shall conduct on-site inspections and review\nreports required by this section to monitor the assignment of persons to\nfacility housing units as governed by this section.\n 11. The commission shall submit to the governor, the temporary\npresident of the senate, the speaker of the assembly, the chairman of\nthe senate crime and correction committee and the chairman of the\nassembly committee on codes, by March first of each year, its evaluation\nand assessment of housing in county jails, together with any\nrecommendations with respect to the proper operation or improvement of\nhousing in county jails.\n 12. The provisions of this section shall govern only the assignment of\npersons to facility housing units and shall not be construed to prohibit\nthe commingling of persons during their participation in any facility\nprogram or activity, including meals and visitations.\n 13. Where in the opinion of the chief administrative officer an\nemergency overcrowding condition exists in a local correctional facility\ncaused in part by the prohibition against the commingling of persons\nunder eighteen years of age with persons eighteen years of age or older\nor the commingling of persons eighteen years of age or older with\npersons under eighteen years of age, the chief administrative officer\nmay apply to the commission for permission to commingle the\naforementioned categories of incarcerated individuals for a period not\nto exceed thirty days as provided herein. The commission shall\nacknowledge to the chief administrative officer the receipt of such\napplication upon its receipt. The chief administrative officer shall be\npermitted to commingle such incarcerated individuals upon acknowledgment\nof receipt of the application by the commission. The commission shall\nassess the application within seven days of receipt. The commission\nshall deny any such application and shall prohibit the continued\ncommingling of such incarcerated individuals where it has found that the\nlocal correctional facility does not meet the criteria set forth in this\nsubdivision and further is in substantial noncompliance with minimum\nstaffing requirements as provided in commission rules and regulations.\nIn addition, the commission shall determine whether the commingling of\nsuch incarcerated individuals presents a danger to the health, safety or\nwelfare of any such incarcerated individual. If no such danger exists\nthe chief administrative officer may continue the commingling until the\nexpiration of the aforementioned thirty day period or until such time as\nhe or she determines that the overcrowding which necessitated the\ncommingling no longer exists, whichever occurs first. In the event the\ncommission determines that such danger exists, it shall immediately\nnotify the chief administrative officer, and the commingling of such\nincarcerated individuals shall cease. Such notification shall include\nspecific measures which should be undertaken by the chief administrative\nofficer, to correct such dangers. The chief administrative officer may\ncorrect such dangers and reapply to the commission for permission to\ncommingle; however, no commingling may take place until such time as the\ncommission certifies that the facility is now in compliance with the\nmeasures set forth in the notification under this subdivision. When such\ncertification has been received by the chief administrative officer, the\ncommingling may continue for thirty days, less any time during which the\nchief administrative officer commingled such incarcerated individuals\nfollowing his or her application to the commission, or until such time\nas he determines that the overcrowding which necessitated the\ncommingling no longer exists, whichever occurs first. The chief\nadministrative officer may apply for permission to commingle such\nincarcerated individuals for up to two additional thirty day periods, in\nconformity with the provisions and the requirements of this subdivision,\nin a given calendar year. For the period ending December thirtieth,\nnineteen hundred eighty-four, a locality may not apply for more than one\nthirty day commingling period.\n * NB Repealed September 1, 2027\n