§ 1-05 Penalties.
RCNY § 1-05
(a)Introduction. If you are found guilty of violating a Department rule of conduct, your penalty will depend on the seriousness of your offense. Grade I offenses are the most serious and Grade III offenses are the least serious. The penalty will also depend on the facts and circumstances of your case. If you have a good explanation or justification for your actions – what is known as "mitigating circumstances" – you may receive a less severe penalty. Any of the penalties set forth below, or a combination of them, may be imposed on you for violating Department rules of conduct.
(b)Reprimand. You may lose one or more privileges, temporarily or permanently, except that: (i) You will not be deprived of the right to receive visitors, although contact visits may be replaced with non-contact visits.
(ii)You will not be deprived of the right to send or receive mail.
(iii)You will not be deprived of the right to contact legal counsel.
(iv)You will not be deprived of the right to have recreation as a sanction for an infraction.
(c)Loss of Good Time. If you are sentenced and serving your time in a Department facility, you may lose good time.
(i)You may lose all your good time for a Grade I offense.
(d)Punitive Segregation.
(e)Restitution. If you are found guilty of damaging or destroying City property, you may be ordered to pay restitution, which can be as much as the replacement cost of the item or property, plus the labor costs of fixing or replacing the item you damaged or destroyed. If you are found guilty of an assault that causes a need for medical services, you can be ordered to make a restitution payment towards the cost to the City of providing such medical services.
(f)Repeated offenses. The third time you are found guilty of a rule of conduct violation for the same offense during the same period of incarceration, you may be sentenced to a penalty that applies to the next higher grade of offenses. For example, the third time you are found guilty of violating a specific Grade III offense during the same period of incarceration, you may be given a Grade II penalty. Similarly, the third time you are found guilty of violating a specific Grade II offense during the same period of incarceration, you may be given a Grade I penalty.
(g)Surcharge. A disciplinary surcharge, in the maximum amount allowed by law, may be imposed on you for violating a rule of conduct.
