§ 9-134 Jail segregated housing statistics.
AC § 9-134
a. Definitions. For the purposes of this section, the following terms have the following meanings: Department. The term "department" means the New York city department of correction. Incarcerated individual recreation day. The term "incarcerated individual recreation day" means one day per each individual for every day in punitive segregation during each quarter. Incarcerated individual shower day. The term "incarcerated individual shower day" means one day per each individual for every day in punitive segregation during each quarter. Mental health unit ("MHU"). The term "mental health unit" ("MHU") means any separate housing area staffed by mental health clinicians where incarcerated individuals with mental illness who have been found guilty of violating department rules are housed, including but not limited to restricted housing units and clinical alternative to punitive segregation units. Segregated housing unit. The term "segregated housing unit" means any city jail housing units in which incarcerated individuals are regularly restricted to their cells more than the maximum number of hours as set forth in subdivision (b) of section 1-05 of chapter 1 of title 40 of the rules of the city of New York, or any successor rule establishing such maximum number of hours for the general population of incarcerated individuals in city jails. Segregated housing units do not include mental health units. Segregated housing units include, but are not limited to, punitive segregation housing and enhanced supervision housing. Serious injury. The term "serious injury" means 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 serious injury as defined by the department. Staff. The term "staff" means anyone, other than an incarcerated individual, working at a facility operated by the department. Use of force. The term "use of force" means an instance where staff used their hands or other parts of their body, objects, instruments, chemical agents, electric devices, firearm, or any other physical method to restrain, subdue, or compel an incarcerated individual to act in a particular way, or stop acting in a particular way. This term shall not include moving, escorting, transporting, or applying restraints to a compliant incarcerated individual. Use of force A. The term "use of force A" means 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. Use of force B. The term "use of force B" means 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. Use of force C. The term "use of force C" means a use of force resulting in no injury to staff or incarcerated individuals. b. For the quarter beginning October first, two thousand fourteen, commencing on or before January twentieth, two thousand fifteen, and on or before the twentieth day of each quarter thereafter, the commissioner of correction shall post a report on the department website containing information relating to the use of segregated housing units and MHU in city jails for the previous quarter. Such quarterly report shall include separate indicators, disaggregated by facility and housing category for the total number of incarcerated individuals housed in segregated housing units and MHU. Such quarterly report shall also include the following information regarding the segregated housing unit and MHU population: (i) the number of incarcerated individuals in each security risk group as defined by the department's classification system directive, (ii) the number of incarcerated individuals subject to enhanced restraints, including but not limited to, shackles, waist chains and hand mittens, (iii) the number of incarcerated individuals sent to segregated housing units and MHU during the period, (iv) the number of incarcerated individuals sent to segregated housing units and MHU from mental observation housing areas, (v) the number of incarcerated individuals, by highest infraction offense grade as classified by the department, (grade one, two, or three), (vi) the number of incarcerated individuals serving punitive segregation in the following specified ranges: less than ten days, ten to thirty days, thirty-one to ninety days, ninety-one to one hundred eighty days, one hundred eighty-one to three hundred sixty-five days, and more than three hundred sixty-five days, (vii) the number of incarcerated individuals receiving mental health services, (viii) the number of incarcerated individuals twenty-one years of age and under, (ix) the number of incarcerated individuals over twenty-one years of age in ten-year intervals, (x) the race and gender of incarcerated individuals, (xi) the number of incarcerated individuals who received infractions while in segregated housing units or MHU, (xii) the number of incarcerated individuals who received infractions that led to the imposition of additional punitive segregation time, (xiii) the number of incarcerated individuals who committed suicide, (xiv) the number of incarcerated individuals who attempted suicide, (xv) the number of incarcerated individuals on suicide watch, (xvi) the number of incarcerated individuals who caused injury to themselves (excluding suicide attempt), (xvii) the number of incarcerated individuals seriously injured while in segregated housing units or MHU, (xviii) the number of incarcerated individuals who were sent to non-psychiatric hospitals outside the city jails, (xix) the number of incarcerated individuals who died (non-suicide), (xx) the number of incarcerated individuals transferred to a psychiatric hospital from segregated housing units, (xxi) the number of incarcerated individuals transferred to a psychiatric hospital from MHU, disaggregated by program, (xxii) the number of incarcerated individuals moved from general punitive segregation to MHU, disaggregated by program, (xxiii) the number of incarcerated individuals placed into MHU following a disciplinary hearing, disaggregated by program, (xxiv) the number of incarcerated individuals moved from MHU to a segregated housing unit, disaggregated by segregated housing unit type, (xxv) the number of incarcerated individuals prescribed anti-psychotic medications, mood stabilizers or anti-anxiety medications, disaggregated by the type of medication, (xxvi) the number of requests made by incarcerated individuals for medical or mental health treatment and the number granted, (xxvii) the number of requests made by incarcerated individuals to attend congregate religious services and the number granted, (xxviii) the number of requests made by incarcerated individuals for assistance from the law library and the number granted, (xxix) the number of requests made by incarcerated individuals to make telephone calls and the number granted, disaggregated by weekly personal calls and other permissible daily calls, (xxx) the number of incarcerated individual recreation days and the number of recreation hours attended, (xxxi) the number of individual recreation hours that were offered to incarcerated individuals prior to six a.m., (xxxii) the number of incarcerated individual shower days and the number of showers taken, (xxxiii) the number of incarcerated individuals who received visits, (xxxiv) the number of instances of allegations of use of force, (xxxv) the number of instances of use of force A, (xxxvi) the number of instances of use of force B, (xxxvii) the number of instances of use of force C, (xxxviii) the number of instances in which contraband was found, (xxxix) the number of instances of allegations of staff on incarcerated individual sexual assault, (xl) the number of instances of substantiated staff on incarcerated individual sexual assault, (xli) the number of instances of allegations of incarcerated individual on staff sexual assault, and (xlii) the number of instances of substantiated incarcerated individual on staff sexual assault. (Am. L.L. 2015/090, 10/7/2015, eff. 1/1/2016 ; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/090.
