§ 1-09 Visiting.
RCNY § 1-09
(a)Policy. All people in custody are entitled to receive personal visits of sufficient length and number. Maintaining personal connections with social and family networks and support systems is critical to improving outcomes both during confinement and upon reentry. Visitation with friends and family plays an instrumental role in a person's ability to maintain these connections and should therefore be encouraged and facilitated by the Department. Additionally, the Board recognizes that a person's family may not be limited to those related to the individual by blood or by legally-recognized bonds, such as marriage or adoption. Therefore, the term "family" as it is used in this subdivision should be construed broadly to reflect the diversity of familial structures and the wide variety of relationships that may closely connect a person in custody to others. This should include, for example, but may not be limited to: romantic partners; godparents and godchildren; current and former step-parents, children, and siblings; and those connected to the individual through current or former domestic partnerships, foster arrangements, civil unions, or cohabitation.
(b)Visiting and waiting areas.
(1)A visiting area of sufficient size to meet the requirements of this section shall be established and maintained in each facility.
(2)The visiting area shall be designed so as to allow physical contact between people in custody and their visitors as required by subdivision (f) of this section.
(3)The Department shall make every effort to minimize the waiting time prior to a visit. Visitors shall not be required to wait outside a facility unless adequate shelter is provided and the requirements of paragraph (b)(4) of this section are met.
(4)All waiting and visiting areas shall provide for at least minimal comforts for visitors, including but not limited to: (i) sufficient seats for all visitors; (ii) access to bathroom facilities and drinking water throughout the waiting and visiting periods; (iii) access to vending machines for beverages and foodstuffs at some point during the waiting or visiting period; and (iv) access to a Spanish-speaking employee or volunteer at some point during the waiting or visiting period. All visiting rules, regulations, and hours shall be clearly posted in English and Spanish in the waiting and visiting areas at each facility.
(5)The Department shall make every effort to utilize outdoor areas for visits during the warm weather months.
(c)Visiting schedule.
(ii)Saturday and Sunday. Visiting shall be permitted on both days for at least five (5) consecutive hours between 9 a.m. and 8 p.m.
(6)There shall be no limit to the number of visits by a particular visitor or category of visitors.
(7)In addition to the minimum number of visits required by paragraphs (1), (2) and (5) of this subdivision, additional visitation shall be provided in cases involving special necessity, including but not limited to, emergency situations and situations involving lengthy travel time.
(8)People in custody shall be permitted to visit with at least three (3) visitors at the same time, with the maximum number to be determined by the facility.
(9)Visitors shall be permitted to visit with at least two (2) people in custody at the same time, with the maximum number to be determined by the facility.
(10)If necessitated by lack of space, a facility may limit the total number of persons in any group of visitors and people in custody to four (4). Such a limitation shall be waived in cases involving special necessity, including but not limited to, emergency situations and situations involving lengthy travel time.
(d)Initial visit.
(e)Visitor identification and registration.
(i)Prior to a visit, a person in custody shall be informed of the identity of the prospective visitor.
(f)Contact visits. Physical contact shall be permitted between all people in custody and all of their visitors. Permitted physical contact shall include a brief embrace and kiss between the person in custody and visitor at both the beginning and end of the visitation period. People in custody shall be permitted to hold children in their family who are ages fourteen (14) and younger throughout the visitation period, provided that the Department may limit a person in custody to holding one child at a time. Additionally, people in custody shall be permitted to hold hands with their visitors throughout the visitation period, which the Department may limit to holding hands over a partition that is no greater than six (6) inches. The provisions of this subdivision are inapplicable to individuals housed for medical reasons in the contagious disease units. The Department may impose certain limitations on contact visits for people confined in restrictive housing in accordance with the procedures and guidelines set forth in 40 RCNY § 6-17(f).
(g)Visiting security and supervision.
(h)Restrictions on visitation rights.
(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, indicating whether the visitation determination has been affirmed, reversed, or modified.
(iv)Where there exists good cause to extend the time period in which the Board or designee may issue a written decision beyond five (5) business days, the Board or designee may issue a single extension not to exceed ten (10) business days. In such instances, the Board shall immediately notify the Department and any persons affected by the extension. (Amended City Record 12/24/2015, eff. 1/23/2016; amended City Record 6/9/2021, eff. 7/9/202; amended City Record 6/28/2024, eff. 7/28/2024)
