Amendment of Inmate Rule Book

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Thursday, June 13, 2019
Download Copy of Proposed Rule (.pdf): 

Statement of Basis and Purpose of Proposed Rule

 

The proposed rules amend the rules of the Department of Correction, codified in Title 39 of the Rules of the City of New York: 

 

New provisions are added to the list of Sex Offenses (Section 1-03(c)(23)) in compliance with the federal Prison Rape Elimination Act and federal rules promulgated thereunder, and conform to amendments made by the Board of Correction to the Board’s rules (Title 40 of the Rules of the City of New York);

New offenses are added to the list of offenses under Disrespect of Staff (Section 1‑03(c)(10)) to specifically cover acts of sexual harassment towards staff.

 

The proposed changes to the Rules of Conduct provisions are intended to add certain definitions, to add to the list of inmate misbehaviors that constitute disciplinary offenses, in order to account for changes in federal law, and changes in technology; and to conform rule governing hearings to State Commission of Correction rules, including providing for hearing facilitators.

The following is a summary of the proposed rules.

 

Proposed amendments to Section 1-03(c)(10) to add prohibited conduct provisions under Disrespect for Staff to include acts that constitute sexual harassment towards staff

 

These sections are proposed to create new graduated offenses for inmates who act inappropriately towards staff by engaging in conduct of a sexual nature towards staff. Such conduct includes making sexual advances towards staff, or acting in verbal or nonverbal ways that is sexually derogatory or offensive towards staff, including but not limited to making sexually suggestive remarks, jokes, innuendos, comments, gestures; leering; and displaying sexually explicit material on Department property.

 

Proposed amendments to Section 1-03(c)(23) (Prohibited Conduct, Sexual Offenses)

The proposed amendments to subparagraphs 122.10, 122.11, and 122.13 in Paragraph 23 (Sex Offenses), and the addition of new subparagraph 122.14, are proposed to be made in part in response to U.S. Department of Justice regulations (Title 28 of the Code of Federal Regulations, §§ 115.5 et seq.) adopting national standards to prevent, detect, and respond to prison rape as required by the Prison Rape Elimination Act (“PREA”) of 2003 (Title 34 of the United States Code, §§ 30302 et seq.).  This section expands and clarifies existing sex offenses by prohibiting, among other things, sexual abuse against another person; kissing, embracing, and hand-holding by inmates; and making sexual advances or verbal comments of a derogatory or offensive nature including but not limited to sexually suggestive remarks, jokes, innuendos, comments, and gestures. 

 

 

In addition to the amendments listed above,

 

·      

Section 1-03(b), Definitions, is amended to eliminate the numbering of the definitions and to alphabetically insert the following new definitions: “Department ID,” “sexual abuse,” “sexually explicit material,” and “staff.”

·      

Section 1-03(c), Prohibited Conduct, is amended to make the following changes:

  • Section 1-03(c)(2), the offense of Assault and Fighting, is amended to add the assault offenses of gang assault and Security Risk Group assault; both shall be Grade I offenses.
  • Section 1-03(c)(4), the offense of Contraband, is amended to put the razor rules all in one location; to add manufactured chemical compounds that are not facility-issued as contraband (e.g., synthetic marijuana); to add types of devices to the prohibition on telecommunication and recording devices; and to clarify  that credit cards, debit cards, and gift cards are contraband.
  • Section 1-03(c)(6), the offense of Creating a Fire, Health or Safety Hazard, is proposed to be amended to add a prohibition on using food warmers as a personal cooking device.
  •  

    Section 1-03(c)(17), the offense of violating Identification Procedures, is amended to reflect that inmate ID cards have been replaced by other forms of Department identification; to expressly prohibit tampering or destruction of inmate ID; and to provide for the penalty of restitution without reference to a particular cost if inmate ID is tampered with or destroyed.

  • Section 1-03(c)(24), the offense of Smuggling is amended to add the Grade I offense of smuggling manufactured chemical compounds that are not issued by the Department. 

·      

Section 1-04(c), Hearing Procedures, is amended to eliminate the reference to close custody, which is no longer used by the Department; the proposed amendments to protective custody are made to clarify the process for placement.

 

Public Hearing
Subject: 

Amendment of Inmate Rule Book

Public Hearing Date: 
Thursday, June 13, 2019 - 10:00am
Contact: 

No contact

Location: 
Spector Hall
22 Reade Street
New York, NY 10007