§ 1-08 Access to Courts and Legal Services.
RCNY § 1-08
(a)Policy. People in custody are entitled to access to courts, attorneys, legal assistants and legal materials.
(b)Judicial and administrative proceedings.
(1)People in custody shall not be restricted in their communications with courts or administrative agencies pertaining to either criminal or civil proceedings except pursuant to a court order.
(2)Timely transportation shall be provided to people scheduled to appear before courts or administrative agencies. Vehicles used to transport people in custody must meet all applicable safety and inspection requirements and provide adequate ventilation, lighting and comfort.
(c)Access to counsel.
(i)An attorney may be required to present identification to a designated official at the central office of the Department in order to obtain a facility pass. This pass shall permit the attorney to visit any person in the custody of the Department.
(ii)The Department only may require such identification as is normally possessed by an attorney.
(3)Visits between people in custody and attorneys shall be kept confidential and protected, in accordance with provisions of 40 RCNY § 1-09. Legal visits shall be permitted at least eight hours per day between 8 a.m. and 8 p.m. During business days, four (4) of those hours shall be 8 a.m. to 10 a.m., and 6 p.m. to 8 p.m. The Department shall maintain and post the schedule of legal visiting hours at each facility.
(4)Mail between people in custody and attorneys shall not be delayed, read, or interfered with in any manner, except as provided in 40 RCNY § 1-11.
(5)Telephone communications between people in custody and attorneys shall be kept confidential and protected, in accordance with the provisions of 40 RCNY § 1-10.
(d)Access to co-defendants. Upon reasonable request, regular visits shall be permitted between people awaiting trial and all of their co-defendants who consent to such visits. If any of the co-defendants are incarcerated, the Department may require that an attorney of record be present and teleconferencing shall be used, if available.
(e)Attorney assistants.
(f)Law libraries. Each facility shall maintain a properly equipped and staffed law library.
(6)The law library hours for people in restrictive housing as defined in 40 RCNY Chapter 6 may be reduced or eliminated, provided that an alternative method of access to legal materials is instituted to permit effective legal research.
(7)Legal research classes for people housed in general population shall be conducted at each facility on at least a quarterly basis. Legal research training materials shall be made available upon request to people in restrictive housing.
(8)The Department shall report annually to the Board detailing the resources available at the law library at each facility, including a list of titles and dates of all law books and periodicals and the number, qualifications and hours of English and Spanish-speaking legal assistants.
(g)Legal documents and supplies.
(h)Law library staffing.
(j)Limitation of access to law library.
(iii)The Board or its designee shall issue a written decision upon the appeal within five (5) business days after receiving notice of the requested review. (Amended City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)
