NYC Administrative Code

§ 9-139 — Bill of rights for incarcerated individuals.

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What is NYC AC § 9-139?

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This section outlines the rights and responsibilities of incarcerated individuals as mandated by the department. It requires written communication of these rights upon admission and includes provisions for language accessibility and the availability of support services. Applies to individuals in custody of the department.

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§ 9-139 Bill of rights for incarcerated individuals.

AC § 9-139

a. The department shall inform every incarcerated individual upon admission to the custody of the department, in writing, using plain and simple language, of their rights under department policy, which shall be consistent with federal, state, and local laws, and board of correction minimum standards, on the following topics: non-discriminatory treatment, personal hygiene, recreation, religion, attorney visits, access to legal reference materials, visitation, telephone calls and other correspondence, media access, due process in any disciplinary proceedings, health services, safety from violence, and the grievance system. b. The department shall inform every incarcerated individual upon admission to the custody of the department, in writing, using plain and simple language, of their responsibilities under the department's rules governing their conduct. c. The department shall inform every incarcerated individual upon admission to the custody of the department, in writing, using plain and simple language, of available services relating to education, vocational development, drug and alcohol treatment and counseling, and mental health treatment and counseling services. d. The department shall publish on its website any documents created pursuant to this section. Such documents shall be available in English and Spanish. e. Within 24 hours of admission to the custody of the department, the department shall provide to each incarcerated individual an oral summary of the rights and responsibilities enumerated in subdivisions a, b, and c of this section in their preferred language, if the language is accessible through the city's language access plan. The department shall make a good faith effort to provide an oral summary in languages that are not accessible through the city's language access plan as soon as practicable. f. Upon admission to the custody of the department, each incarcerated individual shall also be offered the option of being provided the Connections guidebook for formerly incarcerated people, or any similar or successor book or handbook that describes resources available to those re-entering society after being incarcerated. g.* The department shall allow incarcerated individuals to decorate a designated area of their living quarters, with appropriate oversight from the department regarding safety and security considerations. g.* The department shall inform all incarcerated individuals in writing, using plain and simple language, of the protections against retaliation for filing a grievance, complaint, or request. The department shall also inform all incarcerated individuals in writing and in plain and simple language upon the filing of a grievance, complaint, or request, about which complaints are not subject to the grievance process; the process for resolving such complaints; and the protections against retaliation for filing such grievance, complaint, or request. Grievable complaints made through 311, to the board of correction, by email, by attorneys or other advocates, public officials, or other third parties on behalf of an incarcerated individual and over the phone shall be addressed by the office of constituent and grievance services. * Editor's note: there are two subsections designated as g. h.* The department shall maintain a policy that requires its employees to refer to individuals in custody by their names and their preferred pronouns, if known and if practicable, and has zero tolerance for staff addressing individuals in custody using dehumanizing terms, such as the word "body." h.* The department shall include on all grievance forms instructions on how to appeal resolutions and post such forms on the department's website. * Editor's note: there are two subsections designated as h. (L.L. 2015/091, 10/7/2015, eff. 1/5/2016; Am. L.L. 2019/135, 7/14/2019, eff. 1/14/2020; Am. L.L. 2019/194, 11/17/2019, eff. 3/16/2020)

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