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What is NYC AC § 9-138?

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This section mandates the commissioner to publish a directive on the department's website detailing current policies on the use of force by staff on incarcerated individuals. It outlines the justified circumstances for using force and the required procedures. Applies to the Department of Correction and its staff.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 9-138 Use of force directive.

AC § 9-138

The commissioner shall post on the department's website the directive stating the department's current policies regarding the use of force by departmental staff on incarcerated individuals, including but not limited to the circumstances in which any use of force is justified, the circumstances in which various levels of force or various uses of equipment are justified, and the procedures staff must follow prior to using force. The commissioner may redact such directive as necessary to preserve safety and security in the facilities under the department's control. (L.L. 2015/089, 10/7/2015, eff. 11/6/2015; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

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