New York Correction Code § 500-B

Housing of prisoners and other persons in custody
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* § 500-b. Housing of prisoners and other persons in custody. 1. As\nused in this section, the term "chief administrative officer" shall mean\nthe person responsible pursuant to section five hundred-c of this\narticle for receiving and safely keeping persons committed to a county\njail.\n  2. In any case in which the chief administrative officer has more than\none jail under his jurisdiction, he may confine a civil or criminal\nprisoner in any such jail and may remove the prisoner from one jail to\nanother, within the county, whenever he deems it necessary for his\nsafekeeping, or for the prisoner's appearance at court.\n  3. No female confined in a county jail shall be assigned to or housed\nin a facility housing unit with a male; and if detained on civil\nprocess, or for contempt, or as a witness, she shall not be put or kept\nin the same room with a man, except her husband.\n  4. No person under eighteen years of age shall be placed or kept or\nallowed to be at any time with any prisoner or prisoners eighteen years\nof age or older, in any room, dormitory, cell or tier of the buildings\nof such institution unless separately grouped to prevent access to\npersons under eighteen years of age by prisoners eighteen years of age\nor older.\n  6. The commission shall promulgate rules and regulations in accordance\nwith subdivisions seven and eight of this section to assure that persons\nin custody in local correctional facilities will be afforded appropriate\nprecautions for their personal safety and welfare in assignment to\nhousing.\n  7. (a) Consistent with the commission's rules and regulations\nregarding the assignment of incarcerated individuals to housing units,\nthe chief administrative officer shall exercise good judgment and\ndiscretion and shall take all reasonable steps to ensure that the\nassignment of persons to facility housing units:\n  (1) fosters the safety, security and good order of the jail; and\n  (2) affords appropriate precautions for the personal safety and\nwelfare of persons in custody with particular attention to those who are\nknown to be vulnerable to assault or any physical or mental abuse.\n  (b) The chief administrative officer shall consider the following in\ncomplying with this subdivision:\n  (1) prior victimization in jail or prison;\n  (2) prior history of mental illness;\n  (3) prior history of sex offenses;\n  (4) prior history of a hostile relationship with another incarcerated\nindividual;\n  (5) prior attempts at self-injury or suicide;\n  (6) prior attempted escapes;\n  (7) any mental or physical handicapping condition; and\n  (8) any other information concerning the safety or welfare of the\nincarcerated individual.\n  (c) In considering the above information, the chief administrative\nofficer shall examine the following:\n  (1) records made available to such officer at the time of the\ncommitment by the court or law enforcement agency;\n  (2) determinations made upon an interview with an incarcerated\nindividual at the time of classification;\n  (3) records, to the extent relevant and known to the chief\nadministrative officer, maintained by the department of corrections and\ncommunity supervision and/or any local correctional facility in this\nstate and which are accessible and available to the chief administrative\nofficer; and\n  (4) any other relevant information brought to the attention of the\nchief administrative officer by any person with knowledge of the\nconditions of the defendant.\n  8. Where the commission finds substantial noncompliance with\ncommission rules and regulations with regard to (a) minimum staffing\nrequirements; or (b) maximum jail capacity and security requirements; or\n(c) where it is determined that the county does not have an approved\nservice plan in effect pursuant to article thirteen-A of the executive\nlaw or is found to be in non-compliance therewith, as provided in\nsection two hundred sixty-three of such law, it shall prohibit the\ncommingling of a

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