Variances

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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:

Minimum Standards

  • 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
    • Granted May 13, 2025
    • 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 July 13, 2025
    • Granted May 13, 2025
    • Allows the Department to increase the bed capacity at the West Facility Annex dorms from 50 to 56 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 56 detainees instead of 50 detainees housed in a multiple occupancy area.
    • In effect until July 13, 2025
    • Granted May 13, 2025
    • Allows the Department to increase the bed capacity at the Eric M. Taylor 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 July 13, 2025

  • 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.

Mental Health Minimum Standards

Health Care Minimum Standards

View previously granted variances