§ 5-19 Protective Custody.
RCNY § 5-19
(a)Inmates at high risk for sexual victimization shall not be placed in involuntary segregated housing unless an assessment of all available alternatives has been made, and a determination has been made that there is no available alternative means of separation from likely abusers. If the Department cannot conduct such an assessment immediately, the Department may hold the inmate in involuntary segregated housing for less than 24 hours while completing the assessment.
(b)Inmates placed in segregated housing for this purpose shall have access to programs, privileges, education, and work opportunities to the extent possible. If the Department restricts access to programs, privileges, education, or work opportunities, the facility shall document: (1) The opportunities that have been limited; (2) The duration of the limitation; and (3) The reasons for such limitations. Documentation in accordance with subdivision (b) of this section shall commence on July 1, 2017.
(c)The Department shall assign such inmates to involuntary segregated housing only until an alternative means of separation from likely abusers can be arranged, and such an assignment shall not ordinarily exceed a period of 30 days.
(d)If an involuntary segregated housing assignment is made pursuant to subdivision (a) of this standard, the Department shall clearly document: (1) The basis for the Department's concern for the inmate's safety; and (2) The reason why no alternative means of separation can be arranged. Documentation in accordance with subdivision (d) of this section shall commence on July 1, 2017.
(e)Every 30 days, the Department shall afford each such inmate a review to determine whether there is a continuing need for separation from the general population.
(f)The Department shall issue a written directive to staff incorporating subdivisions (a), (b), (c), (d), and (e) of this section and provide this directive to the Board by July 1, 2017.
(g)The Department shall provide the Board with a quarterly report detailing: (1) The basis for its placement of any inmate at high risk of sexual victimization in involuntary segregated housing and the reasons why no alternative means of separation could be arranged; and (2) The number of such inmates who remain in involuntary segregated housing for more than 30 days.
(h)Commencing on November 1, 2017, the Department shall provide its first quarterly report to the Board with the respect to the previous three months (i.e., July 1, 2017 through September 30, 2017) and within 30 days of the end of each quarter thereafter. (Added City Record 11/25/2016, eff. 1/2/2017)
