§ 9-149 Admission delays.
AC § 9-149
a. In order to facilitate the posting of bail, the department may delay the transportation of an incarcerated individual for admission to a housing facility for not less than four and not more than 12 hours following the incarcerated individual's arraignment in criminal court if requested by either the department or a not-for-profit corporation under contract with the city to provide pretrial and other criminal justice services, including interviewing adult defendants either before or after such persons are arraigned on criminal charges, has made direct contact with a person who reports that he or she will post bail for the incarcerated individual. b. Such delay is not permissible for any incarcerated individual who: 1. Appears or claims to have a health or mental health condition that requires attention during the time period of such delay, notwithstanding the requirements of title 8 of this code; 2. Appears to be physically incapacitated due to drug or alcohol intoxication; 3. Requests medical attention or appears to require immediate medical attention; 4. Has bail set in an amount of 10,000 dollars or more; or 5. States, upon being informed of the delay permissible pursuant to this section, that he or she will not be able to post bail within 12 hours or otherwise indicates that they do not wish to be subject to such delay. c. This section does not require the department to exceed the lawful capacity of any structure or unit, or require the department to detain incarcerated individuals in courthouse facilities during such times as correctional staff are not regularly scheduled to detain incarcerated individuals provided that the department must provide for the regular staffing of courthouse facilities for at least one hour after the last incarcerated individual was taken into custody on bail. d. Beginning July 1, 2018, the department or its designee shall submit to the council an annual report regarding the implementation of subdivisions a and b of this section. Such report shall include the following information: 1. The locations in which the department has implemented the provisions of this section; 2. In such locations, the number of incarcerated individuals whose admission to a housing facility was delayed pursuant to this section; 3. The number and percentage of such incarcerated individuals who posted bail during such delay and the number and percentage of such incarcerated individuals who posted bail during the two calendar days following such incarcerated individuals' arraignment; and 4. The number of incarcerated individuals whose admission to a housing facility was delayed and who required medical treatment during such period of delay. (L.L. 2017/124, 7/22/2017, eff. 9/20/2017; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. 2022 N.Y. Laws Ch. 486, 8/8/2022, eff. 8/8/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/124.
