Rulemaking

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Restrictive Housing Rulemaking 2021

At its March 9 public meeting, the New York City Board of Correction, an independent oversight board for the City's jail system, will formally propose rules to end solitary confinement in the City's jails and replace 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.

The Board's proposal begins a public comment process that will seek feedback from people with lived experience, families, staff, advocates, and other experts. After the public comment period, the Board will make changes to the proposal and vote on a final rule in the spring.

The Board's rulemaking process follows the City Administrative Procedure Act (CAPA) and includes the following steps:

  1. Publish and introduce proposed Rule on the Board's website and send to Board's interested parties list (if you would like the Board to add you to its interested parties list, email boc@boc.nyc.gov).

  2. Vote on whether to formally propose the Rule. At least five (5) members of the nine (9)-person Board are required to vote in favor of formally proposing the Rule.

  3. Notify the public of the Proposed rule. This includes publishing the rule in the City Record.
    • The Board will work with DOC to post notices of proposed rule and public hearing in the jail. The Department will keep a copy of the proposed rule package in each jail's law library and Deputy Warden of Administration office. Additionally, if a person in custody calls the Board and requests a copy of the proposed rule package, the Board will mail the person a copy. Finally, the Board has created a voicemail box so that anyone, including people in custody, can call and leave a comment via voicemail. The phone number is 212-669-7900.

  4. Hold a public hearing and accept written comment during a public comment period. The Board will hold two, online public hearings - 9:00AM on April 13 and 6:00PM on April 14. Anyone who wants to comment on the proposed Rule at a public hearing must sign up to speak. You can sign up before a hearing by registering for the hearing via WebEx or calling 212-669-7900. You can speak for up to four (4) minutes.

    Due to the COVID-19 pandemic, the hearings will be held via video conference. The public will be able to comment via audio and video on WebEx or via audio on the phone. The hearings will also be streamed live on the Board's website and YouTube page.

    April 13, 9:00 AM Public Hearing

    Online Registration

    Or

    Call-In Number: 1-408-418-9388 and Access Code: 129 509 8952

    April 14, 6:00 PM Public Hearing

    Online Registration

    Or

    Call-In Number: 408-418-9388 and Access Code: 129 418 5651

    Note: If you plan to use the call-in number (rather than the WebEx registration) and would like to speak at the public meeting, please call 212-669-7900 to sign up to speak.

    You must inform the Board if you need a reasonable accommodation of a disability at the hearing. Please also inform us if you need a language interpreter. You can inform us by mail at 1 Centre Street, Room 2213, New York, NY 10007, by telephone at 212-669-7900, or by email at boc@boc.nyc.gov. Please inform us by the close of business on April 9, 2021 so that we have sufficient time to arrange the accommodation.

    The Board will accept written comments until the close of business on April 16, 2021. You may send written comments by mail (1 Centre St. Rm 2213, NY NY 10007), email (boc@boc.nyc.gov), fax (212-669-7980), or via the NYC Rules website.

    During and after the public comment period, there will be opportunity to make further amendments to the rules, as necessary.

  5. Publish and introduce final Rule on the Board's website and send to the Board's interested parties list.

  6. Vote on whether to approve the final Rule. Five (5) members of the nine (9)-member Board are required to approve the final Rule.

  7. Publish the final Rule on the NYC Rules website, the City Record, and submit to the City Council.

  8. The final Rule is adopted and becomes law 30 days after its publication in the City Record.