§ 6-14 Periodic Review of Individual Behavior Support Plans and Placement in Restrictive Housing.
RCNY § 6-14
(a)The Department shall meaningfully review the individual behavior support plans of a person in custody confined in restrictive housing at least every fifteen (15) days to determine whether they can be placed outside restrictive housing.
(b)The Department must give written notice of an upcoming periodic review to the person in custody at least twenty-four (24) hours prior to such periodic review. The notice must advise the person of their right to submit a written statement for consideration, and their right to participate in the review. The Department must provide necessary assistance to any person who is unable to read or understand such notice or prepare a written statement.
(c)Periodic review of a person’s individual behavior support plan and continued placement shall be conducted by a multidisciplinary team, including but not limited to Department program staff and the person’s case manager, and shall consider the following: (1) The continued appropriateness of the individual remaining in restrictive housing, including an assessment of whether they continue to present a specific, significant, and imminent threat to the safety and security of other persons if housed outside restrictive housing; (2) The continued appropriateness of each individual restriction on privileges and whether any such individual restrictions on privileges should be relaxed or lifted; (3) Information regarding the person’s subsequent behavior since placement in restrictive housing began; (4) Any written statement the person submitted for consideration or any oral statement the person made at their periodic review; (5) Any actions or behavioral changes that the person might undertake to further rehabilitative goals and facilitate the lifting of individual restrictions; and (6) Whether the programming and therapeutic options currently offered to the person are having a positive behavioral impact, and if not, what other available programming and therapeutic options might be more successful in helping the person to further the goals of their individual behavior support plan.
(d)The conclusions reached in the multidisciplinary team’s periodic review, including recommendations about continued placement, individualized programming and therapeutic options, shall be recorded in a written report. If an individual is not discharged from restrictive housing after review, the written report must also include the reasons for the determination and any corrective actions to be taken. A copy of the report shall be provided to the person in custody within one business day of the review. The Department shall provide the incarcerated person access to available individualized programming, therapeutic options, and corrective actions as recommended in the report. (Added City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)
