§ 5-04 Supervision and Monitoring.
RCNY § 5-04
(a)The Department shall ensure that by January 31, 2018, each facility it operates develops, documents, and makes its best efforts to comply on a regular basis with a staffing plan that provides for adequate levels of staffing, and, where applicable, video monitoring, to protect inmates against sexual abuse. In calculating adequate staffing levels and determining the need for video monitoring, facilities shall take into consideration: (1) Generally accepted detention and correctional practices; (2) Any judicial findings of inadequacy; (3) Any findings of inadequacy from Federal investigative agencies; (4) Any findings of inadequacy from internal or external oversight bodies; (5) All components of the facility's physical plant (including "blind-spots" or areas where staff or inmates may be isolated); (6) The composition of the inmate population; (7) The number and placement of supervisory staff; (8) Institution programs occurring on a particular shift; (9) Any applicable State or local laws, regulations, or standards; (10) The prevalence of substantiated and unsubstantiated incidents of sexual abuse; and (11) Any other relevant factors.
(b)In circumstances where the staffing plan is not complied with, the facility shall document and justify all deviations from the plan.
(c)By February 1, 2018, the Department shall provide the Board with each facility's staffing plan required to be developed pursuant to subdivision (a) of this section.
(d)The Department shall provide a written report to the Board of the progress toward developing and implementing facility staffing plans by July 15, 2017.
(e)Whenever necessary, but no less frequently than once each year, for each facility the Department operates, in consultation with the PREA coordinator required by 40 RCNY § 5-03, the Department shall assess, determine, and document whether adjustments are needed to: (1) The staffing plan established pursuant to subdivision (a) of this section; (2) The facility's deployment of video monitoring systems and other monitoring technologies; and (3) The resources the facility has available to commit to ensure adherence to the staffing plan.
(f)The Department shall provide annually to the Board, in writing, all deviations or adjustments to such plans that the Department is required to document pursuant to subdivisions (b) and (e) of this section. The Department shall provide this information to the Board by the first business day of March starting in 2019 (regarding deviations or adjustments that occurred in 2018) and by each first business day of March thereafter.
(g)By July 31, 2017, the Department shall institute a one-year pilot program to install video surveillance cameras in Department vehicles used to transport inmates. By September 1, 2018, the Department shall provide a written report to the Board evaluating the results of this pilot program, including any benefits or challenges associated with the installation of video surveillance cameras in inmate transport vehicles.
(h)After termination of the Nunez Agreement, the Department shall provide to the Board a detailed description of the criteria the Department shall consider in determining whether a surveillance camera should be installed in a particular area of a facility ("installation protocol"). The purpose of the installation protocol shall be to ensure that, to the extent necessary and feasible, additional surveillance cameras shall be installed. The Department shall provide annually a written report to the Board on action taken pursuant to this protocol.
(i)After termination of the Nunez Agreement, the Department shall provide the Board with a detailed description of the process it will follow to determine whether all surveillance cameras are functioning properly and, if not, the procedures for replacing or repairing such cameras ("maintenance protocol"). The purpose of the maintenance protocol shall be to ensure that all surveillance cameras are maintained to function properly and, if repairs are required, they are timely made. The Department shall provide annually a written report to the Board on action taken pursuant to this protocol.
(j)When the Department is notified of a sexual abuse incident within 90 days of the date of the incident, the Department will preserve any video capturing the incident until the later of: (i) four (4) years after the incident, or (ii) 90 days following the conclusion of an investigation into the sexual abuse incident, or of any disciplinary, civil, or criminal proceedings relating to the incident, provided the Department was on notice of any such investigation or proceeding prior to four years (4) after the incident.
(k)The Department shall implement a policy and practice of having intermediate-level or higher-level supervisors conduct and document unannounced rounds to identify and deter staff sexual abuse and sexual harassment. Such rounds shall be conducted during night shifts as well as day shifts. Rounds shall be conducted at unpredictable and varied times. The Department shall have a policy to prohibit staff from alerting other staff members that these supervisory rounds are occurring, unless such announcement is related to the legitimate operational functions of the facility. The Department shall issue a written directive to staff regarding these monitoring rounds and provide this directive to the Board.
(l)The Department shall have a written policy requiring consideration of the feasibility of placing a surveillance camera in an area where sexual abuse is repeatedly reported or alleged to have occurred or consideration of alternative preventive measures such as increased monitoring rounds or the assignment of additional Department staff in that area. (Added City Record 11/25/2016, eff. 1/2/2017)
