§ 5-40 Data Collection and Review.
RCNY § 5-40
(a)The Department shall collect accurate, uniform data for each alleged incident of sexual abuse at facilities (and in transport vehicles used to transport inmates) using a standardized instrument and definitions. For this purpose, the Department shall use the definitions of and related to inmate-on-inmate and staff-on-inmate sexual abuse set forth in subdivisions (a), (b), (c) and (d) of 40 RCNY § 5-02. The Department shall provide the Board with such standardized instrument for its review at least 30 days before first providing the Board with the incident data specified in subdivision (d) of this section.
(b)The Department shall maintain, review and collect data pursuant to subdivisions (a), (d), (f) and (g) of this section from all incident-based documents and databases, including reports, investigation files, and sexual abuse incident reviews.
(c)Within two (2) years of the Effective Date of these rules, the Board will reassess whether the data enumerated in this section is adequate to ensure effective monitoring of the Department's and CHA's compliance with the rules embodied in this Chapter.
(d)The Department shall provide the Board with the following data regarding each alleged incident of sexual abuse: (1) Date, time and location of alleged incident; (2) Nature of alleged sexual abuse (e.g., officer-on-inmate; CHA staff-on-inmate; contractor- or volunteer-on-inmate; inmate-on-inmate, etc.); (3) Type of alleged sexual abuse (as defined in subdivisions (a), (b), (c) and (d) of 40 RCNY § 5-02); (4) Demographics (i) Gender of alleged victim (i.e., male or female); (ii) Gender of alleged perpetrator (i.e., male or female); (iii) Age of alleged victim (i.e., under age 18, 18 - 21, or over 21); (iv) Age of alleged perpetrator (if an inmate) (i.e., under age 18, 18 - 21, or over 21); (v) Race/ethnic origin of alleged victim (i.e., White-not of Hispanic origin; Black-not of Hispanic origin; Hispanic or Latino; other); (vi) Whether the alleged victim is known to be transgender or intersex; (vii) Whether the alleged victim is known to be lesbian, gay, or bi-sexual; (viii) Whether the alleged victim is known to have any mental, physical or developmental disabilities; (5) Who reported the incident, if known (e.g., alleged victim; victim's family member, inmate other than victim; Department or CHA staff, etc.); (6) Method of reporting (e.g., via hotline, verbally or in writing, 311, etc.); (7) Video camera surveillance available (yes/no); (8) DNA evidence available (yes/no); (9) Other physical evidence available (yes/no); (10) Rape kit administered, declined or not applicable; (11) Date investigation was opened; (12) Date investigation was closed (e.g., by filing a closing memorandum or otherwise); (13) Whether the incident was substantiated, unsubstantiated or unfounded; (14) Whether the alleged perpetrator and alleged victim were separated during the investigation; (15) If the alleged perpetrator is a staff person, whether during the investigation, or after it was closed, the staff person was suspended, placed on modified duty, assigned to a no-inmate contact post, assigned to a restricted-inmate contact post, or placed on administrative leave; (16) If the alleged perpetrator is a staff person, whether previous allegations of sexual abuse or sexual harassment were lodged against that person; (17) If the alleged perpetrator is a staff person, whether the person declined an offer of use immunity pursuant to Mayor's Executive Order No. 16 and, if so, whether that person was subject to discipline as a result; (18) Whether DOI assumed the investigation, and if so, the status of the investigation (e.g., pending; referral made to a DA's Office, referred back to the Department, etc.); (19) Whether the allegation of staff-on-inmate or inmate-on-inmate sexual abuse was referred to a DA's Office, including whether that DA's Office declined to prosecute, and if the staff perpetrator was prosecuted, the outcome; (20) Whether the allegation was referred for disciplinary action, including (a) whether the Department's Trials & Litigation Division declined to file disciplinary charges, or if disciplinary charges were filed, the outcome; and (b) whether the alleged staff-member perpetrator resigned in lieu of charges or as part of a negotiated plea.
(e)Unless otherwise precluded by law, CHA will assist the Department in collecting the data enumerated in subdivision (d) of this section.
(f)The Department shall provide to Board the data enumerated in subdivision (d) of this section semiannually, commencing on August 1, 2017 (for the period January 1, 2017 - June 30, 2017) and within 45 days of the end of each six-month period thereafter. The Department shall continue to update data in these reports regarding each alleged incident pending its final outcome.
(g)The Department shall review this incident data in order to assess and improve the effectiveness of its sexual abuse and sexual harassment prevention, detection, and response policies, practices, and training, including by: (1) Identifying problem areas and trends; (2) Taking corrective action on an ongoing basis; and (3) Including in a semiannual assessment report to the Board its findings and corrective actions for each facility, as well as the Department as a whole.
(h)Such semiannual assessment report shall also include a comparison of the current six (6) months' data and corrective actions with those from the prior six (6) months and shall provide an assessment of the Department's progress in addressing sexual abuse and sexual harassment.
(i)Such semiannual assessment reports shall be approved by the Commissioner of the Department, submitted to the Board, and made readily available on the Department's website.
(j)The Department may redact specific material from semiannual assessment reports when publication would present a clear and specific threat to the safety and security of a facility, or would present privacy or other legal considerations, but must indicate the nature of the material redacted.
(k)The Department shall provide its first semiannual assessment report to the Board on August 1, 2017 (for the period January 1, 2017 - June 30, 2017) and within 45 days of the end of each six-month period thereafter.
(l)The Department shall ensure that all data collected pursuant to this section is securely retained.
(m)Before making data collected pursuant to this section publicly available, the Department shall remove all personal identifiers.
(n)The Department shall maintain all data collected pursuant to this section for at least 10 years after the date of the initial collection unless Federal, State, or local law requires otherwise. (Added City Record 11/25/2016, eff. 1/2/2017)
