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What is NYC RCNY § 5-32?

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(a) Following an investigation into an inmate's allegation that he or she suffered sexual abuse in a facility, the Department shall inform the inmate as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded. (b) If the Department did not conduct the investigation, it shall req

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Effective: 1/2/2017

§ 5-32 Reporting to Inmates.

RCNY § 5-32

(a)Following an investigation into an inmate's allegation that he or she suffered sexual abuse in a facility, the Department shall inform the inmate as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded.

(b)If the Department did not conduct the investigation, it shall request the relevant information from the investigative agency in order to inform the inmate.

(c)Following an inmate's allegation that a Department or CHA staff member has committed sexual abuse against the inmate, the Department shall subsequently inform the inmate (unless the Department has determined that the allegation is unfounded) whenever: (1) The staff member is no longer posted within the inmate's unit; (2) The staff member is no longer employed at the facility; (3) The Department learns that the staff member has been indicted on a charge related to sexual abuse within the facility; or (4) The Department learns that the staff member has been convicted on a charge related to sexual abuse within the facility.

(d)Following an inmate's allegation that he or she has been sexually abused by another inmate, the Department shall subsequently inform the alleged victim whenever: (1) The Department learns that the alleged abuser has been indicted on a charge related to sexual abuse within the facility; or (2) The Department learns that the alleged abuser has been convicted on a charge related to sexual abuse within the facility.

(e)All such notifications or attempted notifications shall be documented. (Added City Record 11/25/2016, eff. 1/2/2017)

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