United States of America, New York City

Estados Unidos de América, Ciudad de Nueva York Democracy and Citizen Security Democracia y Seguridad Ciudadana

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Department of Correction

§1-01 List of Violations that May Result in Disciplinary Action.
(a) Some of the violations of institutional rules which may result in disciplinary action are:
(1) Fighting.
(2) Possession of contraband (weapons, money, excess clothing, drugs, etc.).
(3) Assault on staff.
(4) Destruction of City Property.
(5) Escape or attempt.
(6) Disrupting of any program or service.
(7) Sodomy.
(8) Self inflicting injuries.
(9) Starting or causing fires.
(10) Stealing.
(11) Impersonating another inmate.
(12) Threatening staff.
(13) Causing a flood.
(14) Tampering with locks, windows, fire hoses, etc.
(15) Use of abusive language to staff or another inmate.
(16) Throwing food.
(17) Interfering or delaying a count.
(18) Delaying the lock-in.
(19) Passing medication to another inmate.
(20) Refusing to identify yourself.
(21) Disrupting institutional procedures.
(22) Smoking in bed or in an unauthorized area.
(23) Failure to carry your identification card.
(24) Failure to obey an order.
(25) Gambling.
(26) Failure to keep your general living area clean.
(27) Loitering in areas where you do not belong.
(28) Causing a disturbance after lights are out.
(29) Fighting and horseplay.
(30) Exchanging your cell or bed without authorization.
(31) Refusing to be searched.
(32) Demanding personal services or payment of any kind from another inmate.
(b) The institution is much like a community and requires the same acceptable rules of behavior for good order and safety.
If you have a question about anything that is not mentioned in this chapter, ask the officer in charge of your housing area.
You must obey all rules and orders and you can be disciplined for failing to obey them.
In an emergency, there may be a temporary modification or suspension of rules and regulations.

§1-02 Rights and Privileges.
(a) Due process—detainees in high security categories.
(1) Either before or as soon as you are placed against your will in any of the most restrictive security categories you will be given written notice of:
(i) The reasons for the designation.
(ii) The evidence relied upon.
(iii) The right to a hearing before an impartial Hearing Officer appointed by the Warden.
(2) If you request a hearing you will have the following rights:
(i) The opportunity to personally appear.
(ii) To be informed of the evidence against you.
(iii) The opportunity to make a statement, to call witnesses and to submit documentary evidence, subject to the Hearing Officer's right to keep the hearing within reasonable limits.
(iv) The opportunity to confront and cross-examine witnesses whenever the Hearing Officer cannot rationally determine the facts without cross-examination.
(3) If you are illiterate or if your case is very complicated, you have the right to be helped by a "counsel-substitute" (not a lawyer) or, if the Department of Correction permits it, by a lawyer who is willing to represent you.
(4) The Hearing Officer will keep notes of what takes place at the hearing to provide a basis for the decision.
(5) The hearing will be held between 24 and 48 hours after you receive the written notice of your classification. If a holiday or weekend intervenes the Department can hold the hearing on the next business day after you receive the written notice of your classification.
(6) If you waive your right to a hearing you may request one at a later date. In that case the time periods described above will still be observed.
(7) If the Hearing Officer determines that you belong in one of the high security categories he will explain the decision in writing to the Warden within 24 hours after the hearing. Within the next 24 hours, the Warden will decide, in writing, whether he agrees or disagrees with the Hearing Officer's decision. You will receive a copy of the Warden's decision.
(8) If the Hearing Officer determines that you do not belong in a high security category you will be moved to another area and your records will be corrected.
(9) If you are placed in a high security category, the Department will review your case every four (4) weeks to see if your classification should be changed. You will be notified of the results of that review.
(10) Nothing in this procedure requires the Department to tell you the name of anyone who provided the Department with information on a confidential basis.
(b) Homosexual housing. (1) The Department will not put you in separate homosexual housing against your will, or deny you access to such housing at your request or remove you from such housing involuntarily without observing the following procedure.
(2) Either before or as soon as the change in housing or the denial of such housing takes place you will be given written notice of:
(i) The reasons for the change of housing.
(ii) The evidence relied upon.
(iii) The right to a hearing to challenge the Department's decision before a Classification Board.
(3) If you request a hearing you have the following rights:
(i) The opportunity to personally appear.
(ii) The opportunity to make a statement, to call witness and to submit documentary evidence, subject to the Board's right to keep the hearing within reasonable limits.
(iii) The opportunity to confront and cross-examine witnesses whenever the Board cannot rationally determine the facts without cross-examination.
(4) If you are illiterate or if your case is very complicated, you have the right to be helped by a "counsel-substitute" (not a lawyer) or, if the Department of Correction permits it, by a lawyer who is willing to represent you.
(5) The Board will keep notes of what takes place at the hearing to provide a basis for the decision.
(6) The hearing will be held between 24 and 48 hours after you receive the written notice. If a holiday or weekend intervenes the Department can hold the hearing on the next business day after you receive the written notice of your classification.
(7) If you waive your right to a hearing you may request one at a later date. In that case the time periods described above will still be observed.
(8) If the Board agrees with the decision to provide or deny homosexual housing it will explain the decision in writing to the Warden within 24 hours after the hearing. Within the next 24 hours, the Warden will decide, in writing, whether he agrees or disagrees with the Board's decision. You will receive a copy of the Warden's decision.
(9) If the Board decides that the decision to impose separate homosexual housing was not justified you will be transferred to the appropriate housing area and your records will be corrected.
(10) If the facts and circumstances of your situation subsequently change you have the right to have your housing and classification reconsidered at a new hearing.
(11) If you have been removed from or denied access to homosexual housing you have the right to be placed in protective housing until the hearing is held and a decision is made.
(12) Nothing in this procedure requires the Department to tell you the name of anyone who provided the Department with information on a confidential basis.
(c) Central monitored case.
(1) If you are tentatively classified as a Central Monitored Case (CMC) the Inspector General will automatically review your case and decide whether or not to continue that classification.
(2) If the Inspector General decides to continue the CMC classification he will, within 72 hours after the tentative classification, transmit his written decision to your facility and it will be delivered to you.
(3) You will receive a "Notification of CMC Determination" form which will include the reason for the determination and the evidence relied upon. The form will also contain information about the appeal process.
(4) Your case will be automatically reviewed every 4 weeks if you are a detainee and every 8 weeks if you are sentenced.
(5) You may appeal your CMC classification at any time either to the Commissioner or the Inspector General. If you appeal to the Commissioner, you will receive a reply within 15 days upon receipt at that office. If you reply to the Inspector General, you will receive a reply within 7 days after the appeal is received at that office. Weekends and holidays are excluded in computing the 7 and 15 day reply period.
(6) When your appeal is decided you will receive a "Notification of Appeal Review Decision" form. You will remain in CMC status during the appeal process.
(7) If you are removed from the CMC classification your records will be modified to reflect your new classification.
(d) Confiscation of property.
(1) Any property taken from you at any time that involves a criminal offense may be forwarded to the appropriate law enforcement agency for possible criminal prosecution and subject you to disciplinary action.
(2) Any property taken from you at the time of your admission to a facility that does not involve a criminal offense will be identified, receipted, stored and returned to you upon your discharge from custody.
(3) Any property taken from you after admission that does not involve a criminal offense will be identified in a receipt that will be given to you.
(4) If you believe the item confiscated should not have been taken, you may appeal that action to the Warden who will reply to you in writing.
(5) If a prohibited item is confiscated from an incoming package or piece of correspondence, and it does not involve a criminal offense, you will be notified of that action within 24 hours. You may appeal that decision to the Board of Correction.
(6) If an incoming publication is censored or its delivery is delayed because it contains prohibited material you will be notified within 24 hours of that decision. You may appeal that decision to the Board of Correction.
(e) Recreation.
(1) The Department may revoke, deny or limit your right to participate in recreation for up to 5 days for a recreation-related offense. Such a determination must be based on a specific act of a serious nature or on verified information.
(2) Prior to such determination you will be provided with a written notice of:
(i) The specific charges against you.
(ii) The names and statements of the charging parties. You will be given an opportunity to respond to the charges.
(3) Any determination to revoke, deny or limit recreation will be in writing and state the facts and reasons underlying the determination.
(4) You will receive a copy of the written determination and a copy will be forwarded to the Board of Correction within 24 hours.
(5) If the determination is based on an inmate disciplinary proceeding you will be notified when you receive a copy of the "Notice to Inmate of Disciplinary Proceeding Disposition" form. A copy of that form will be forwarded to the Board of Correction within 24 hours.
(6) Nothing in this procedure requires the Department to tell you the name of anyone who provided the Department with information on a confidential basis.
(f) Religious services.
(1) You will be permitted to attend religious services with general population inmates unless you are found to pose a threat to the safety and security of the institution. The likelihood that you will disrupt the service is considered such a threat.
(2) You will be notified of the reasons for such a determination at least 48 hours prior to the scheduled service.
(3) You will be given the opportunity to challenge that determination before an impartial hearing officer or board.
(4) If the determination is upheld, you will receive a written notice giving the reasons for the decision and the length of time it will remain in effect.
(5) You have the right to request reconsideration each week and to submit a written statement in support of your position. Your request will be considered by an impartial board or by the Warden and you will receive a written reply.
(6) Nothing in this procedure requires the Department to tell you the name of anyone who provided the Department with information on a confidential basis.
(7) If the Department receives such information less than 48 hours before the scheduled service you will receive the notice, hearing and decision less than 48 hours before the service. In such case you have the right to receive the hearing and decision after the service, but within 48 hours after the determination to exclude you was made.
(8) If the Department receives such information less than 12 hours before the scheduled service you will receive the notice, hearing and decision after the service.
(9) You may appeal such a determination to the Board of Correction.
(g) Telephone calls.
(1) The Department may limit your telephone calls if they constitute a threat to institutional safety or security or if you abuse the telephone regulations. Such a determination must be based on specific acts.
(2) Prior to such a determination you will be provided with a written notice of:
(i) The specific charges against you.
(ii) The names and statements of the charging parties. You will be given an opportunity to respond to the charges.
(3) Any determination to limit your telephone calls will be in writing and state the facts and reasons underlying the determination.
(4) You will receive a copy of the written determination and a copy will be forwarded to the Board of Correction within 24 hours. You may appeal the determination to the Board of Correction.
(5) Nothing in this procedure requires the Department to tell you the name of anyone who provided the Department with information on a confidential basis.
(h) Visiting.
(1) The Department may revoke, deny or limit your contact visits if they constitute a serious threat to institutional safety or security. Such a determination must be based on specific acts demonstrating the threat or on verified information.
(2) Prior to such a determination you will be provided with a written notice of:
(i) The specific charges against you.
(ii) The names and statements of the charging parties. You will be given an opportunity to respond to the charges.
(3) Any determination to revoke, deny or limit contact visits will be in writing and state the facts and reasons underlying the determination.
(4) You will receive a copy of the written determination and a copy will be forwarded to the Board of Correction within 24 hours. You may appeal the determination to the Board of Correction.
(5) Nothing in this procedure requires the Department to tell you the name of anyone who provided the Department with information on a confidential basis.

§1-03 Inmate Discipline.
(a) Hearing procedures.
(1) Whenever an employee believes that an inmate has committed an infraction that employee will prepare a report and notify a supervising officer who will investigate the complaint.
(2) If the investigating officer finds that no disciplinary action is warranted the inmate will be notified and a report will be forwarded to the head of the facility for approval.
(3) If the investigating officer finds that the facts require disciplinary action he will instruct the employee concerned to complete a "Notice of Infraction to Inmate" form.
(4) If the offense is serious enough an inmate may be transferred to Administrative Segregation pending a hearing. If an inmate is placed in Administrative Segregation pending the hearing the inmate will not be in a punishment status.
(5) The inmate will be served with a copy of a "Notice of Infraction To Inmate" form containing information about the charge and the date and time of the scheduled hearing.
(6) The inmate will be given at least twenty-four hours between the time he or she is served and the time of the hearing to give him or her an opportunity to prepare for defense.
(7) A hearing will take place between twenty-four and seventy-two hours after you are served unless a holiday or weekend intervenes.
(8) A supervising officer shall be designated as the Institutional Hearing Officer. The person conducting the hearing will be impartial and will not have taken part in any prior investigation of the case.
(9) At the hearing you will be informed to the purpose of the hearing and the range of penalties that can be imposed upon a finding of guilt. The infraction report will be read to inform you of the charge, the particulars of the complaint and the name of the complainant. The hearing will be an orderly attempt to arrive at the truth by weighing all the evidence in the case.
(10) You will have the following rights at the hearing:
(i) The right to make statements.
(ii) The right to present documentary evidence.
(iii) The right to have witnesses appear in your behalf provided doing so will not be unduly hazardous to institutional safety or correctional goals and subject to the hearing officer's right to keep the hearing within reasonable limits.
(iv) If you are illiterate or if the case is very complicated you may receive help from a counsel-substitute (not a lawyer) with the approval of the Department.
(v) You do not have the right to cross-examine people who provide evidence against you.
(vi) You do not have the right to be represented by retained or assigned counsel.
(11) After the hearing a report and recommendation will be forwarded to the head of the facility. Authorized dispositions include:
(i) Dismissal of the complaint.
(ii) Referral of the case to another appropriate unit of the facility for further study or treatment.
(iii) Penalties as prescribed herein.
(iv) Transfer to other more appropriate housing units or facilities of the Department.
(v) Referral to outside agencies for appropriate action.
(12) If you're found guilty, the report forwarded to the head of the facility will include a written statement of the evidence relied on and the reasons for the decision. In certain cases it is possible that personal or institutional safety are involved, the written statement will exclude certain items of evidence. After the head of the facility reviews your case, you will receive a copy of a "Notice to Inmate of Disciplinary Proceeding Disposition" form. You will be served within twenty-four hours after the hearing.
(b) Penalties that can be administered. (1) Reprimand.
(2) Loss of one or more privileges, temporarily or permanently.
(i) No inmate shall be deprived of the right to receive visitors, although contact visits may be replaced with booth visits.
(ii) No inmate shall be deprived of the right to send or receive mail.
(iii) No inmate shall be deprived of the right to contact legal counsel.
(3) Loss of part or all good time, if sentenced.
(4) Punitive segregation for a period not to exceed ninety (90) days for each disciplinary charge. The Warden will make the final determination whether multiple charges shall be served consecutively or concurrently.
(5) Restitution for intentionally damaging or destroying City Property.
(6) Any combination of the above.
(7) Inmates, whether sentenced or detainees, who are found guilty of Grade I or Grade II offenses, shall be subject to a disciplinary surcharge of $5.00, to be deducted from the inmate's commissary account.
(c) Normative range of penalties.
GRADE I Offenses are the most severe offenses.
GRADE II Offenses are moderately severe offenses.
GRADE III Offenses are the least severe offenses.
The normative range of penalties may decrease or increase depending on the facts and circumstances of a case.
Mitigating facts and circumstances can result in a less severe penalty.
Aggravating facts and circumstances can result in a more severe penalty.
The repetition of the same offense or a history of committing different offenses is considered an aggravating fact and can result in a more severe penalty.
A penalty below the normative range can always be imposed.
A penalty above the normative range cannot be imposed unless aggravating facts or circumstances are present. The presence of aggravating facts or circumstances will be included on the Disposition Form served to you.
(1) Detention inmates. A reprimand, a loss of privileges or restitution can be imposed for an offense of any grade.
The maximum period of punitive segregation for a Grade I offense is 90 days. The maximum period of punitive segregation for a Grade II offense is 20 days. The maximum period of punitive segregation for a Grade III offense is 10 days.

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(2) Sentence inmates.
The sentenced inmate is subject to the same
penalties and range of penalties as a detention inmate. In addition, a sentence inmate is subject to the loss of good time.
An inmate found guilty of committing a Grade I offense may suffer the loss of all good time. An inmate found guilty of committing a Grade II offense may suffer the loss of no more than two-thirds of good time. An inmate found guilty of committing a Grade III offense may suffer the loss of no more than one-third of good time.

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(d) Categories of offenses and consequent penalties. (1) Arson (setting fires). Grade I Inmates may not start any fires or cause any explosions that may harm any person, damage any property, or threaten the security of the Institution. Attempted arson is also a Grade I offense.
(2) Assault and fighting.
(i) Assault: You must not cause or attempt to cause injury to another person, or throw any object or substance at any person or spit on any person.
(ii) Fighting: You must not get into a violent physical struggle with another person or engage in violent behavior with another person.
(iii) Horseplay: You must not engage in a non-violent physical struggle with another person such as horseplay, boxing, wrestling, sparring, etc.
The grade for different types of assault, fighting and horseplay are listed below. The penalties are more severe if someone is injured or if a weapon is used. Any assault on a staff member or fight with a staff member is a Grade I offense.

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(4) Contraband. Inmates must not make, possess, sell or exchange any item of contraband. Contraband is any item found that is not sold in commissary, or on the approved list of personal items, or any article you have without permission. Contraband includes items which may disrupt the safety, security, good order and discipline of the Institution.
Any kind of contraband which is illegal on the street is illegal in the Institution. Possession of contraband may subject you to criminal prosecution.
Any visitor or any person who tries to introduce contraband into facility may also be subject to criminal prosecution.
(i) GRADE I:
(A) Contraband weapons. Inmates must not make, possess, sell or exchange any type of contraband weapon. Where there is a reasonable likelihood that an object can be used as a weapon it may be classified as a weapon.
(B) Possession of a razor outside the housing area or transporting a razor outside the confines of the facility.
(C) Contraband narcotics. Inmates must not make, possess, sell or exchange any amount of heroin, cocaine, LSD, marijuana, pills or any controlled substance. Drug paraphernalia is also prohibited.
(D) Contraband escape tools and items. Inmates must not make, possess, sell or exchange any type of escape paraphernalia. Where there is reasonable likelihood that an item can be used to aid an escape it may be classified as escape paraphernalia. Keys, identification belonging to another person, employee clothing, or any other articles which suggest that an escape is being planned are contraband.
(ii) GRADE II:
(A) Possession, sale or exchange of unauthorized prescription drugs.
(B) Inmate may possess no more than one (1) authorized razor. Inmates are not permitted to receive razors through incoming packages or visits. Inmates may only possess razors provided by the Commissary/Facility.
(iii) GRADE III:
(A) Unauthorized amounts of jewelry, clothing, tobacco, or personal property.
(B) Unauthorized non-prescription drugs.
(C) Unauthorized hobby materials or art supplies.
(D) Money, checks, or credit cards.
(E) Extra amounts of city-issued property.
(5) Count procedures: (Obstruction)
(i) GRADE II:
(A) Inmates must not cause a miscount.
(B) Inmates must not delay the count.
(6) Creating a fire, health or safety hazard.
(i) GRADE II:
(A) Inmates must not create a fire, health or safety hazard by tampering with or trying to fix lights, wires, outlets, etc., or any sinks, toilets, pipes, valves, etc.
(B) Inmates must not tamper with any fire equipment.
(C) Inmates must not cause any false alarms. This means alarms about a fire, or someone's health, or any kind or disturbance or security problem.
(ii) GRADE III: Inmates must not create a fire, health or safety hazard inside the cell or outside the cell or housing area. This means:
(A) Don't litter, spit or throw garbage or any kind of waste or substance.
(B) Don't store food in the cell or any work place, except for items bought in the commissary.
(C) Don't smoke in a prohibited area.
(D) You must follow any local facility rule dealing with fire, health or safety.
(E) You must clean your cell or living area, toilet bowl, sink and all other furnishings every day. You must keep your cell and bed neatly arranged. Before leaving your cell or living area for any purpose, you must clean your cell or area and make your bed.
(F) You must not flood any living area or other area in the facility.
(G) You must not mark up or post any pictures or other articles on the wall of any living area including your cell.
(H) You must not cook in any living area including your cell.
(I) You must not smoke in bed.
(J) You must keep yourself clean and your clothes clean.
(K) You must not store things in a way that they may catch fire.
(L) You must not block the view of your cell by putting anything on the bars of the cell. You also must not put anything on any outside window which would obstruct the FULL view of the window.
(7) Demonstrations.
(i) GRADE I: Leading demonstrations: Inmates must not lead or encourage others to participate in boycotts, workstoppage or other demonstrations that interrupt the routine of the Institution.
(ii) GRADE II: Participation in Demonstrations. Inmates must not participate in demonstrations or boycotts.
(8) Destruction of City property.
(i) GRADE II: Inmates must not misuse, deface, or destroy City Property.
(ii) GRADE III: Inmates must not misuse, deface or destroy City Property with a value of less than $10.00.
(9) Disorderly conduct.
(i) GRADE III: Abusive language: Inmates must not curse or use abusive language or make obscene gestures towards any person in the facility.
(ii) Noisy Behavior: Inmates must not behave in a loud and noisy manner anywhere in the facility.
(iii) People Outside the Facility: Inmates must not shout out to people on the street, or curse or make obscene gestures to people on the street.
(10) Disrespect for staff.
(i) GRADE I: Physically resisting Staff Member: Inmates must not physically resist staff members in the performance of their duties.
(ii) GRADE II: Verbal Abuse of Staff Members: Inmates must not verbally abuse, annoy, or harass any staff member, or make obscene gestures towards any staff member.
(11) Disrupting institutional programs.
GRADE II: Inmates must not interfere with or disrupt Institutional Services, programs, or special activities.
(12) Escape.
GRADE I: Leaving a facility without permission from facility staff is Escape. Inmates must not escape or aid others to escape. An attempted escape is a Grade I offense.
(13) Escape conspiracy.
GRADE I: Inmates must not plan an escape or conspire to help others escape.
(14) Extortion.
(i) GRADE I: Inmates must not make threats, spoken, in writing or by gesture, against a staff member for the purpose of obtaining any benefit. Attempted Extortion of a staff member is a Grade I offense.
(ii) GRADE II: Inmates must not make any threats, spoken, in writing or by any gesture, against any person for the purpose of obtaining any benefit. Attempted Extortion of any person is a Grade II offense.
(15) Gambling.
GRADE III: Inmates must not engage in any form of gambling.
(16) Hostage taking.
GRADE I: Inmates must not take or hold any person hostage.
(17) Identification procedures.
GRADE III: Failure to Carry I.D. Card: Inmates must at all times carry their Institutional I.D. Cards, unless otherwise directed.
Failure to Produce I.D. Cards: Inmates must promptly produce their Institutional I.D. Cards at the direction of any staff member.
Loss Of I.D. Cards: Inmates must report the loss of their I.D. Cards promptly to appropriate staff members. You will be charged for a new identification card.
(18) Impersonation.
(i) GRADE I: Of Staff Member: Inmates must not impersonate any staff member in any way.
(ii) GRADE II: Of Another Inmate: Inmates must not impersonate another inmate in any way.
(19) Inmate movement.
(i) GRADE III:
(A) Following Rules and Orders: Inmates must follow facility rules and staff orders which have to do with movement inside and outside the facility. Examples are rules and orders dealing with seating, lock-in and lock-out. Any violation of these rules which present a threat to the Institutional security is a Grade I offense.
(B) Out of Area: Unauthorized Movement: Inmates must not be out of an assigned area, nor leave an assigned area without authorization. Examples are being in the wrong cell, or leaving a work area. Any violation of this rule which presents a threat to Institutional security is a Grade I offense.
(20) Institutional rules.
(i) GRADE I: Inmates must obey all local Institutional Rules and procedures relating to the security and good order of the Institution.
(ii) GRADE III: Minor Rules: Inmates must obey all local Institutional Rules and Procedures.
(21) Purchase, sale or exchange of services or property.
GRADE III: Inmates must not sell, buy or exchange services or personal property with any other inmate without permission.
(22) Refusal to obey a direct order. Inmates must comply quickly and fully with any direct order from any staff member without argument. Inmates must not refuse direct orders:
(i) GRADE II:
(A) To stop fighting.
(B) To be frisked.
(C) To have a cell searched.
(D) To be locked-in/locked-out.
(E) To disperse an unauthorized assembly.
(F) To identify oneself.
(G) To go to court.
(H) To cooperate in admission procedures.
(I) When outside the facility.
(J) In an emergency situation.
(ii) GRADE III:
(A) In all other cases inmates who refuse direct orders will be charged with a Grade III offense.
(B) Malingering: Failure to obey a direct order from any staff member quickly and fully is malingering.
(23) (i) Rioting.
GRADE I: Inmates must not take any action with intention of taking over any area of the facility. Inmates in groups must not behave violently or use threats of violence against any person or property.
(ii) Riot conspiracy.
GRADE I: Inmates must not plan or conspire to take over any area of the facility.
(iii) Rioting (Inciting).
GRADE I: Inmates must not encourage or in any way persuade other inmates to take any action in order to take over any area of the facility, or to behave violently.
(24) Sex offenses.
(i) GRADE I: Non-Consensual Sexual Activity: Inmates must not force or in any way coerce another person to engage in Sexual Activities.
An attempt to force or otherwise coerce another person to engage in Sexual Activity is a Grade I offense.
(ii) GRADE II: Consensual Sexual Activity: Inmates must not voluntarily engage in Sexual Activity with others.
(A) Soliciting Sexual Activity: Inmates must not request, solicit or otherwise encourage others to engage in Sexual Activity.
(B) Indecent Exposure: Inmates must not expose the private parts of their bodies in a lewd manner.
(25) Smuggling. Inmates by their own actions or acting in concert with others must not smuggle contraband into or out of the facility. The penalties for smuggling each type of contraband are listed below:
(i) GRADE I: Weapons, Drugs, Alcohol or Escape Paraphernalia: An attempt to smuggle any of these types of contraband is a Grade I offense.
(ii) GRADE III: All other type of contraband.
(26) Stealing. Inmates must not steal other inmate's property or institutional property. The Grade of offense you can be charged with depends on the value of the property.
(i) GRADE I: Stealing property with a value over $75.00.
(ii) GRADE II: Stealing property with a value between $25.00 and $75.00.
(iii) GRADE III: Stealing property with a value under $25.00.
(27) Tampering with documents.
(i) GRADE II: Inmates must not destroy, tamper with, change, counterfeit, or give other inmates any institutional documents, passes or I.D. Cards.
(ii) GRADE II: Forgery: Inmates must not forge staff or inmate signatures on any documents institutional or otherwise.
(28) Tampering with or destruction of City property.
GRADE I: Inmates must not tamper with, or destroy, or sabotage any security related devices or equipment. An attempt to tamper with, destroy, or sabotage any security related devices or equipment is a Grade I offense.
(29) Threats.
(i) GRADE I: Inmates must not make any threat, spoken, in writing or by gesture, against any staff member.
(ii) GRADE II: Inmates must not make any threat, spoken, in writing or by gesture, against any person.
(30) Unauthorized assembly.
GRADE I: Inmates must not gather in unauthorized groups anywhere in the facility. The size of the group is determined by local rule.

§1-01 Non-discriminatory Treatment. (a) Policy. Prisoners shall not be subject to discriminatory treatment based upon race, religion, nationality, sex, sexual orientation, age or political belief. (b) Equal protection. (1) Prisoners shall be afforded equal protection and equal opportunity in all decisions including, but not limited to, work and housing assignments, classification, and discipline. (2) Prisoners shall be afforded equal protection and equal opportunity in being considered for any available programs including, but not limited to, educational, religious, vocational, recreational, or temporary release. (3) Each institution shall provide programs, cultural activities and foods suitable for those racial and ethnic groups with significant representation in the prisoner population, including Black and Hispanic prisoners. (4) Nothing contained in this Section shall prevent the Department from utilizing rational criteria for a particular program or opportunity. (c) Hispanic prisoners and staff. (1) Each institution shall have a sufficient number of employees and volunteers fluent in the Spanish language to assist Hispanic prisoners in understanding, and participating in, the various institutional programs and activities, including use of the law library and parole applications. (2) Bilingual prisoners in each housing unit should be utilized to assist Spanish-speaking prisoners in the unit and in the law library. (3) Communications on any significant matter from correctional personnel to prisoners, including, but not limited to, orientation, legal research, institutional programs, medical procedures, minimum standards and disciplinary code shall be in Spanish and English. (4) Communications on any significant matter from correctional personnel to outside individuals or organizations regularly involved with New York City prisoners shall be in Spanish and English. (5) Spanish-speaking prisoners shall be afforded opportunities to read publications and newspapers printed in Spanish, and to hear radio and television programs broadcast in Spanish. Institutional libraries shall contain Spanish language books and ma- terials. (d) Different languages. (1) Prisoners shall be permitted to communicate with other prisoners and with persons outside the institution by mail, telephone, or in person, in any language, and may read and receive written materials in any language. (2) Provisions shall be made by the Department to assist in assuring prompt access to translation services for non-English speaking prisoners.

Fuente / Source: Public Access Portal to the Laws of the City of New York

 

Ultima actualización: February, 2008