Variances
The Department of Correction and NYC Health and Hospitals may apply for a variance from a specific subdivision or section of the minimum standards, mental health care minimum standards or health care minimum standards when compliance cannot be achieved or continued.
The Board may include requirements as conditions on granting a variance. Any conditions are listed in the Record of Variance action.
The following variances are currently effective:
Mental Health Minimum Standards
- Minimum Standards 2-05(b)(2)(i-ii)
- Granted November 12, 2024
- Allows psychiatrists to see and evaluate stable adult patients on psychotropic medication in general population at least every 28 days, rather than every 14 days
- In effect until July 17, 2025
- This variance is a renewal of a variance first granted on November 10, 2005. It was previously renewed on July 13, 2017,January 14, 2018July 15, 2018, January 8, 2019, July 9, 2019, January 14, 2020, July 14, 2020, January 12, 2021, June 8, 2021, January 11, 2022, July 12, 2022, January 2023, June 2023, November 2023, June 2024, and November 2024.
Health Care Minimum Standards
- Minimum Standards 3-04(b)(2)(v)(a)
- Granted November 12, 2024
- Allows the Correctional Health Services to use either interferon gamma release assays (IGRA) or TST for tuberculosis screening, and to exempt from repeat screening those prisoners who have a documented negative test in the six months prior to their admission
- In effect until January 17, 2026
- This variance is a renewal of a variance first granted on July 22, 2013. It was previously renewed, includingon July 13, 2017,January 14, 2018July 15, 2018, January 8, 2019, July 9, 2019, January 14, 2020, July 14, 2020, January 12, 2021, June 8, 2021, January 11, 2022, July 12, 2022, January 2023, June 2023, November 2023,June 2024, and November 2024.
The following variances were previously granted:
Minimum Standards
- Minimum Standard 1-02(c)(1)
- Granted June 8, 2021
- Extends date by which the Department shall implement the requirement that inmates aged 19-21 be housed separately and apart from inmates over the age of 21.
- In effect until January 17, 2022
- This variance was granted with conditions.
- This variance is a renewal of a variance first granted on September 8, 2015. The variance was additionally renewed on January 12, 2016, July 12, 2016, January 10, 2017, July 11, 2017, January 9, 2018, July 15, 2018, October 9, 2018, January 8, 2019. February 12, 2019, July 9, 2019, February 11, 2020, July 14, 2020September 14, 2020, December 16, 2020, and January 17, 2021.
- Minimum Standard 1-02(c)
- Granted November 10, 2015
- Waives requirement that "inmates ages 18 through 21 be housed separately and apart from inmates over the age of 21," in relation to the housing of inmates in specialized mental health units, the NIC infirmary, and WF communicable disease unit (CDU).
- Minimum Standard 1-02(c)(1)
- Granted July 26, 2016
- Waives requirement that "inmates ages 18 through 21 be housed separately and apart from inmates over the age of 21," in relation to the housing of inmates in the RMSC infirmary, RMSC nursery, and RMSC pregnant inmate housing.
- Minimum Standards 1-03(c,d,j); 1-04(b)(2-3); 1-05(a-c); 1-06; 1-07(c); 1-08(f)(4); 1-08(g)(2-4); 1-09(c-d, f); 1-11(c-d); 1-12(d); 1-13(a-c); and 1-14(a-b)
- Granted May 11, 2021
- Allows the Department to operate Separation Status for people who have a positive body scan or refuse a body scan
- In effect until September 15, 2021
- This variance is a renewal of a variance first granted on November 12, 2019, February 11, 2020, July 14, 2020, November 10, 2020, and January 12, 2021.
- Minimum Standard 1-03(g)
- Granted April 1991
- A continuing variance authorizes DOC to require detainees in punitive segregation status to wear, except for court, seasonally appropriate facility clothing provided, laundered and repaired at Department expense. (April 1991)
- The above variance from §1-03(g) was granted upon the following conditions:
- Upon admission to a punitive segregation housing area, each prisoner shall be issued three facility uniforms and two facility thermal undershirts, clean and in good repair and appropriately sized. Thereafter, DOC shall provide twice weekly exchanges of two uniforms;
- Each prisoner shall be permitted to retain four changes of underwear, four pairs of socks, and one pair of shower slippers; and
- DOC shall provide secure, readily-accessible storage for the personal property of each punitive segregation prisoner;
- When punitive segregation prisoners go outside the facility, DOC shall provide access to appropriate outer garments.
- Minimum Standard 1-03(g)
- Granted November 10, 2015
- A continuing variance authorizes DOC to require prisoners on suicide watch to wear suicide resistant smocks and undergarments when inside their housing areas. The variance further provides that DOC may require detainees on suicide watch to wear uniforms whenever outside the housing area, except for court, when they may wear personal clothing. Personal accessories, including shoelaces, belts, ties and bras, need not be provided until immediately before the prisoner enters a courtroom, and may be confiscated after the prisoner exits therefrom.
- This variance was first granted September 2003
- Minimum Standard 1-03(i)(1)
- Granted November 10, 2015
- A continuing variance authorizes DOC to provide to prisoners on suicide watch status only bedding made of suicide-resistant materials.
- The above variances from §1-03(g) and (i) were granted upon the following conditions:
- Only mental health providers may place a prisoner on suicide watch and require the use of a suicide smock and bedding;
- Officers assigned to areas where prisoners are on suicide watch must make frequent, irregular observations of these prisoners (at least four per hour).
- Unless inappropriate for compelling security or medical reasons, prisoners on suicide watch should be housed in dormitories. Dormitory prisoners may be required to wear smocks only in dormitories where all other prisoners are clothed in suicide smocks.
- Unless prohibited in writing by the provider, prisoners on suicide watch must be permitted personal hygiene items and personal items, including reading materials and photographs.
- Prisoners wearing suicide smocks shall be provided with daily exchanges of clean smocks and undergarments. Disposable undergarments will be provided with a uniform whenever prisoners leave their cell.
- Suicide watch prisoners shall be permitted to wear civilian clothing when inside a court room for trial.
- This variance was first granted in September 2003.
- Minimum Standards 1-04 (c)(2), 1-04 (c)(3), and 1-04 (c)(5)(i)
- Granted November 12, 2024
- Allows the Department to increase the bed capacity at the Otis Bantum Correctional Center dorms from 50 to 60 beds. Additionally, this variance permits the Department to decrease the number of square footage per person in custody required in the sleeping area of a multiple occupancy housing areas. Furthermore, this variance decreases the number toilets, showers, and sinks required for every person in custody to allow for 60 detainees instead of 50 detainees housed in a multiple occupancy area.
- In effect until March 12, 2025
- This variance is approved for renewal only
- Minimum Standards 1-05 and 1-08
- Granted February 9, 2021
- Allows the Department to provide young adults (ages 18 through 21) housed in Secure Units with a minimum lock-out time of ten (10) hours per day and access to law library services by means of a law library kiosk and typewriters in the Secure Units
- In effect until August 27, 2021
- This variance was granted with conditions.
- This variance is an extension of a variance granted with conditions on May 10, 2016. The variance was also renewed on October 11, 2016, November 15, 2016, May 15, 2017, June 13, 2017, July 11, 2017, September 12, 2017, November 14, 2017, May 8, 2018, November 23, 2018, May 14, 2019, November 12, 2019, May 12, 2020, and November 10, 2020.
- Minimum Standard 1-09(c)(1)(i)
- Granted November 12, 2024
- Allows the Department to conduct visits on Thanksgiving Day (November 28, 2024) on a day schedule rather than an evening schedule.
- In effect until November 26, 2027
- This variance is approved for renewal only
- Minimum Standard 1-16(c)(1)(ii)
- Granted March 17, 2021
- Allows the Department to house people in custody ages 18 through 21 in Enhanced Supervision Housing
- In effect until September 17, 2021
- This variance was granted with conditions.
- This variance is an extension a variance granted with conditions on July 11, 2017. This variances replaced two variances (one for 18 year olds and one for 19-21 year olds) granted on October 11, 2016 and both renewed on February 14, 2017. The variances were consolidated and renewed on August 15, 2017, November 16, 2017, May 8, 2018, November 13, 2018, February 12, 2019, July 9, 2019. February 11, 2020, July 14, 2020, and November 2020. The variance lapsed from February 22, 2021 to March 9, 2021, when it was renewed for one week.