The Board voted to adopt the Restrictive Housing Final Rule on June 8, 2021.

The Rule ends solitary confinement in the City's jails and replaces it with a more humane model for responding to violence. The new alternative disciplinary model, the Risk Management Accountability System (RMAS), prioritizes safety, accountability, support, and transparency.

RMAS is a three-level progression model that separates people from general population in response to violence and holds them accountable through a swift, certain, and fair, process. RMAS aims to ensure that people will be provided with the support they need to successfully reenter general population and, eventually, their communities.

Monthly Progress Reports on Transition

Per § 6-26(c) of the Rule, the Department is required to submit a monthly report to the Board detailing its progress towards: (1) reducing the population in Punitive Segregation (PSEF) units and other restrictive housing units, including Enhanced Supervision Housing (ESH) and Secure; and (2) implementing the RMAS model.

Separation Status Implementation Report

DOC and BOC have collaborated to address inconsistencies, errors, and points of clarification related to DOC's Separation Status Implementation Reports. DOC issued revised Separation Status Reports in October 2020.

Young Adult Enhanced Supervision Housing Compliance Audit

According to the Department, Enhanced Supervision Housing (ESH) is a housing option for the management of adults and young adults (ages 18 through 21) based on criteria that accounts for the severity and persistence of violent behavior. The Board has allowed the Department to house young adults in ESH since October 2016. DOC is required to submit a monthly audit to the Board assessing how much time a young adult is out of his cell, law library, recreation, programming attendance, and access to school data on four (4) random dates each month to ensure compliance with the Board's Minimum Standards §§1-05(b) (Lock-in), 1-08(f) (Access to Courts and Legal Services), 1-06 (Recreation), and 1-02 (Classification, including programming) in ESH.

Recreation Participation Plan for Young Adult ESH

Pursuant to §1-16(c)(1)(ii) of the New York City Board of Correction's Enhanced Supervision Housing Minimum Standards and associated February 11, 2020 Record of Variance Action, the New York City Department of Correction submitted a plan.

Secure Unit Compliance Audit

According to the Department, the Secure Unit was established as part of the newly developed Young Adult housing plan for young adult males with a history of persistent violent and/or assaultive behavior. Since May 2016, the Board has allowed a minimum Secure Unit lock-out period of ten (10) hours per day and access to law library services by means of a law library kiosk and typewriters. The Department is required to submit a monthly audit to the Board assessing housing area logbooks on four (4) random dates each month to ensure compliance with the Board's Minimum Standards §§1-05(b) (Lock-in) and 1-08(f) (Access to Courts and Legal Services) in the Secure Unit.

Young Adult Restrictive Housing Monthly Report

The Department is required to produce monthly written assessments to the Board on its operation of ESH and Secure Unit* to ensure compliance with Minimum Standards §§1-05(b) (Lock-in), 1-08(f) (Access to Courts and Legal Services, including Law Library), and 1-16(c)(1)(ii) (Young Adult ESH). Monthly reports include an average daily population of ESH and Secure; placement criteria; previous housing category and previous placement; release dates, reasons for release, and housing category after release; movement between phases/levels; programming available; and violence cumulatively and for the reporting month in Young Adult ESH, Secure Unit, and the Young Adult general population.

*From November 2016 to November 2017, the Department submitted a separate Secure Unit Monthly Reports. The information from these reports was consolidated into the Young Adult Restrictive Housing Monthly Reports.

60 Day Reports on Enhanced Supervision Housing

Pursuant to Minimum Standards §1-16(h)(i) (Board Review of ESH Implementation), the Department is required to produce to the Board information related to implementation of ESH and the individuals housed in ESH. The 60 Day Reports include a census of the ESH population, criteria used to support ESH placement, rates of violence and uses of force, programing and mental health resources available, training received by Correction Officers assigned to ESH, and the number of individuals assigned to and released from ESH upon placement review.

Evaluation of Young Adult Enhanced Supervision Housing

Since October 2016, the Board has approved limited variances from Minimum Standards §1-16(c)(1)(ii), allowing for the use of ESH for young adults. As a condition of the approved renewal of the limited variances, the Department was required to provide three written reports to the Board evaluating its use of ESH for young adults: in December 2016, June 2017, and September 2018.

Young Adult Housing Monthly Report

As part of the Department's Young Adult Plan – first presented to the Board in January 2016 and updated in October 2018 – DOC submits to the Board monthly reports regarding timeline and implementation of its plan. The monthly reports include a census of the young adult population, including gender, location, and classification; young adult-focused training provided to staff; and programming available to young adults across all facilities.

Census

The Department is required to produce to the Board a monthly census of the 18 year olds and 19-21 year olds in each facility/housing unit.

Sexual Abuse and Sexual Harassment Minimum Standards 5-40 Report

As required by the Board's Minimum Standards §5-40 (Data Collection and Review), the Department is required to submit to the Board a semiannual report evaluating sexual abuse and sexual harassment allegations made within the past six months, analyzing emerging trends, and assessing the corrective action contemplated or initiated at the facility-level and department-wide.

Development and Implementation of Electronic Screening Tool Progress

In October 2017, the Board approved a Resolution finding the Department out of compliance with Minimum Standards §5-17 (Screening for Risk of Victimization and Abusiveness) and §5-18 (Use of Screening Information). The Resolution required DOC provide a written report to the Board stating progress made toward the development and implementation of an electronic screening tool to make housing assignments and other determinations based on such assessments. As of February 2018, DOC reports the Electronic Screening Tool has been implemented Department-wide.

60 Day Reports on Punitive Segregation

As required by the Board's Minimum Standard §1-17(h)(1) (Reports on Punitive Segregation), the Department submits to the Board information related to implementation of required changes to punitive segregation. The reports include a census of the punitive segregation population; data on placements, hearings, renewal of placement, and duration; and out-of-cell and recreation time afforded to punitive segregation population.

Beginning October 2018, adolescents (ages 16 and 17) in DOC custody are detained at the Horizon Juvenile Facility in the Bronx. New York State's Raise-the-Age legislation which raised the age of criminal responsibility to 18 years of age also required DOC move all adolescents off of Rikers Island.

Law Library Services Audit Report

Given the physical design and space limitations at Horizon, the Board has allowed the Department to provide alternative law library services. The Department is required to submit a monthly audit to the Board assessing housing area logbooks on five (5) randomly selected dates each month to ensure compliance with the Board's Minimum Standards §1-08(f) (Access to Courts and Legal Services).

Dry Cells Audit Report

Given the physical design and space limitations at Horizon as well as national best practices in juvenile detention, the Board has allowed the Department to house adolescents in single occupancy dry cells (i.e. cells that do not contain either a toilet or a sink). The Department is required to submit a monthly audit to the Board assessing housing area logbooks on five (5) randomly selected dates each month to ensure compliance with the Board's Minimum Standards §1-04(b) (Single occupancy).