NYC Administrative Code

§ 9-159 — Guiding principles for new correctional facilities.

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What is NYC AC § 9-159?

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This section outlines the guiding principles for the design and operation of new correctional facilities under the jurisdiction of the department. It specifies requirements for individual living quarters, dormitories, and housing units, including space, amenities, and access to services. Applies to city correctional facilities built after March 16, 2020.

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

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§ 9-159 Guiding principles for new correctional facilities.

AC § 9-159

a. Definitions. As used in this section, the following terms have the following meanings: Dormitory. The term "dormitory" means a unit which houses multiple individuals. This term shall have the same meaning as the term "multiple occupancy housing unit". Housing unit. The term "housing unit" means a structure or part of a structure that contains single occupancy housing units or multiple occupancy housing units, as those terms are defined in the rules of the New York state commission of correction. Living quarters. The term "living quarters" means an individual occupancy housing unit as defined in section 7040.4 of title 9 of the compilation of codes, rules and regulations of the state of New York or any successor provision. Kitchenette. The term "kitchenette" means a space equipped to be used for heating food and water. b. Every city correctional facility under the sole jurisdiction and control of the department built after the effective date of the local law that added this section shall comply with the following requirements: 1. Design requirements. Each such facility shall be designed, where practicable, in a manner that deprioritizes an institutional appearance and the use of bars.

2.General requirements. Each such facility shall include: (a) a call button or telephone in each room that incarcerated individuals may use to contact staff; (b) infrastructure that provides internet capability, subject to security and safety protocols of the department; (c) designated spaces for re-entry services and programming, with sufficient space and infrastructure to accomplish the purposes of the services offered therein; (d) access to clinical space for each housing unit, with 24 hour access to emergency response; (e) systems that provide heating and air conditioning; (f) visiting spaces, waiting areas, and other spaces in which visitors frequent that include an area that is suitable for children; and (g) an outdoor recreation area.

3.Individual living quarters. Each individual living quarter in such facility shall: (a) be no less than 75 square feet (6.97 square meters) in total area and no less than six feet (1.83 meters) in any direction; (b) contain a functioning toilet, sink with potable water, single bed, and a closeable storage container for personal property for a single person; (c) have at least one window with access to natural light. The total area of all windows in each living quarter shall be a least one-tenth the floor area of such room; (d) contain no more than one single bed and house no more than one person; and (e) contain at least one light that can be turned on and off.

4.Dormitories. Each dormitory in such facility shall: (a) be equipped with a sufficient number of toilets and sinks, and provide showers in accordance with the minimum standards of the New York city board of correction and the guidelines of the New York state commission of correction for multiple occupancy housing units; (b) have at least one window with access to natural light in each living space within such dormitory. The total area of all windows in each dormitory shall be a least one-tenth the floor area of such space; and (c) contain a minimum of 75 square feet (6.97 meters) of floor space per person in the sleeping area.

5.Housing units. Each housing unit in such facility shall (a) include a recreation area with access to fresh air and natural light; and (b) contain a kitchenette.

6.Bathrooms shall be accessible at all times to individuals housed in each such facility. c. The department shall digitize paper-based communications and ensure that correctional facilities built after the effective date of the local law that added this section are wired in such a fashion to allow for such electronic communications. Such communication shall include but not be limited to (1) the location of incarcerated individuals, (2) communications between staff, (3) the filing of grievances, and (4) communications regarding bail status, in accordance with standards set by correctional oversight agencies. d. This section is not intended to encompass the entirety of standards to apply to jail facilities. (L.L. 2019/194, 11/17/2019, eff. 3/16/2020)

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