Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC RCNY § 6-16?

Quick Answer

(a) Security staff shall conduct visual observations of every person housed in restrictive housing every fifteen minutes (15) when they are locked in their cells. During such observations, security staff must look for and confirm signs of life.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →
Effective: 7/9/2021Last amended: 7/28/2024

§ 6-16 Other Conditions.

RCNY § 6-16

(a)Security staff shall conduct visual observations of every person housed in restrictive housing every fifteen minutes (15) when they are locked in their cells. During such observations, security staff must look for and confirm signs of life.

(b)At the beginning of each tour, security staff in restrictive housing units shall confirm in the housing area logbook that they have checked which persons in the unit have serious medical conditions, as described in 40 RCNY § 6-20(a).

(c)A person placed in restrictive housing must have interaction with other people and access to congregate programming and amenities comparable to those housed outside restrictive housing, including access to at least seven hours per day of out-of-cell congregate programming or activities with groups of people in a group setting all in the same shared space without physical barriers separating such people that is conducive to meaningful and regular social interaction.

(d)The Department may not impose any individual restrictions on a person confined in restrictive housing that differs from those imposed on people housed in the general population, unless the individual restriction is necessary to address a specific safety and security threat posed by that person.

(e)To the extent the Department seeks to limit access to contact visits of a person in custody who is confined in restrictive housing, a hearing shall be held, as required in 40 RCNY § 6-23(d), which shall address the criteria set forth in 40 RCNY § 1-09(h) with regard to both the incarcerated person and any individual visitors with whom the Department wishes to limit contact.

(f)Law library services may be provided in restrictive housing units instead of a law library. If so, the Department must ensure that: (1) People in restrictive housing have access to electronic legal research and typing equipment; (2) One library coordinator is assigned to every two (2) restrictive housing units at least five (5) times per week; and (3) The law library coordinator will provide instruction on available legal research tools and respond to people in custody’s requests for law library services.

(g)The Department shall equip all recreation areas with exercise equipment such as dip bars, high bars, or pull-up bars.

(h)All restrictive housing units shall be air conditioned during the heat season.

(i)All cells used to house people in restrictive housing shall have access to natural light.

(j)The Department shall use positive incentives to encourage good behavior in restrictive housing units and may use disciplinary sanctions only as a last resort in response to behavior presenting a serious and evident danger to oneself or others after other measures have not alleviated such behavior. (Added City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters