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What is NYC RCNY § 5-36?

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(a) If the screening pursuant to 40 RCNY § 5-17 indicates that an inmate has experienced prior sexual victimization, whether it occurred in an institutional setting or in the community, the Department shall ensure that the inmate is offered a follow-up meeting with a medical or mental health practitioner within 14 days

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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Effective: 1/2/2017

§ 5-36 Medical and Mental Health Screenings; History of Sexual Abuse.

RCNY § 5-36

(a)If the screening pursuant to 40 RCNY § 5-17 indicates that an inmate has experienced prior sexual victimization, whether it occurred in an institutional setting or in the community, the Department shall ensure that the inmate is offered a follow-up meeting with a medical or mental health practitioner within 14 days of the intake screening.

(b)Any information related to sexual victimization or abusiveness that occurred in an institutional setting shall be strictly limited to medical and mental health practitioners and other staff, as necessary, to inform treatment plans and security and management decisions, including housing, bed, work, education, and program assignments, or as otherwise required by Federal, State, or local law.

(c)Medical and mental health practitioners shall obtain informed consent from inmates before reporting information about prior sexual victimization that did not occur in an institutional setting, unless the inmate is under the age of 18. (Added City Record 11/25/2016, eff. 1/2/2017)

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