§ 6-24 Restrictive Housing Data Collection and Review.
RCNY § 6-24
(a)The Department shall maintain and update as necessary a list of the type and specific location of all restrictive housing units. The list shall include the opening and closing dates of all such units. The Department shall provide this list to the Board on at least a monthly basis and notify the Board in writing when any new restrictive housing units open, close, or change level.
(b)The Department shall maintain and develop the system(s) necessary to collect accurate, uniform data on restrictive housing and the requirements of 40 RCNY Subchapter E, and to centrally store related documentation, in a manner that may be analyzed electronically by the Board.
(c)The Department shall provide the Board with a monthly public report with information on restrictive housing, including but not limited to the following information for the Adult and Young adult populations: (1) Number of sentences to restrictive housing by top offense (Rule Violation Grade Level, Rule Number, Rule Description) and length of sentence; (2) The mean, median, minimum, and maximum time from qualifying incident or violation to placement and from adjudication to placement for all placements in restrictive housing in the reporting period; (3) The total number of placements and unique people placed during the reporting period; the number and percent of people placed by age, race, ethnicity, gender, and “M” designation status, Security Risk Group, Red ID, and Enhanced Restraint status at time of placement; the average daily population; and the number of adults and young adults currently housed in restrictive housing as of the last day of the reporting period; (4) Number of exits of people from restrictive housing during the reporting period and their cumulative and consecutive days in restrictive housing during current incarceration (i.e., minimum, maximum, mean, median days) and, for each exit, the date of exit, the reason for exit (e.g. time served, discharged from custody, medical transfer, mental health transfer, etc.), and the facility, housing unit, and housing category in which the person was housed prior to and upon exit; (5) Number of people in restrictive housing as of the last day of the reporting period and their cumulative and consecutive days in restrictive housing (i.e., minimum, maximum, mean, median days); (6) The number of periodic reviews required and conducted by whether people attended their review, and whether any modifications were made to a person’s individual behavior support plan.
(7)Average number of out-of-cell hours received per day; and average rate of participation in daily recreation.
(8)Numbers and rates of: person-in-custody on person-in-custody fights, slashings / stabbings, assaults on staff, and uses of force, compared to the comparable age group in the general population; (9) Facility and housing unit locations for each restrictive housing unit, indicating whether the unit houses young adults or adults; (10) Any other information the Department or the Board deems relevant to understanding the Department’s use of restrictive housing.
(d)The Department shall produce monthly public reports of time spent out of cell; times spent in separate programming space that is not adjacent to cell or in regular lock-out space; access to law library; access to showers; participation in recreation; and time spent participating in programming for each individual in restrictive housing. Reports shall include the number, length of, and reasons for late lockouts in restrictive housing units and recommendations or corrective action(s) taken to address report findings related to improving access to and participation in mandated services. Reports shall indicate whether access to each type of mandated service or programming required a routine strip search. Information gathering to prepare this report shall not be conducted by staff regularly assigned to the facilities or units. At least four (4) dates per month shall be selected at random and shall not be previously disclosed to staff with responsibilities related to the units reviewed.
(e)On a monthly basis, the Department shall provide the Board with the individually identified data used to create the public reports required by 40 RCNY §§ 6-24(c) and (d) and all supporting documentation including but not limited to restrictive housing placement, review, and IBSP documentation.
(f)The Board and the Department shall jointly develop the reporting templates for the public reports required by 40 RCNY § 6-24(c) and (d). Such templates shall be subject to the Board’s approval. Upon submission and review of the Department’s disciplinary system plan submitted pursuant to 40 RCNY § 6-22, the reporting provisions outlined in 40 RCNY § 6-24(c) and associated templates shall be reviewed and revised as necessary.
(g)The Department shall comply with regular reporting requirements pursuant to § 9-167 of the Administrative Code.
(h)The Board shall review the information provided by the Department and any other information it deems relevant to the assessment of restrictive housing. No later than eighteen months (18) after implementation of restrictive housing, the Board shall meet to discuss the effectiveness of restrictive housing. The Board’s discussion shall address but not be limited to findings regarding the conditions of confinement in restrictive housing, the impact on the mental health of people housed therein, and the quality and effectiveness of programming provided in restrictive housing. (Added City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)
