Rulemaking

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Restrictive Housing Rulemaking 2024

Final Rules on Restrictive Housing in Correctional Facilities (2024)

At its May 14th public meeting, the New York City Board of Correction, an independent oversight board for the City's jail system, formally proposed rules to ban solitary confinement as required by Local Law 42 and sets limits on the use of emergency lock-ins, and improved reporting on the use of de-escalation confinement, restrictive housing, and emergency lock-ins.

The Board's proposal begins with a public comment process that will seek feedback from people with lived experience, families, staff, advocates, and other members of the community. After the public comment period, the Board will review all public comment, amend the proposal if necessary, and vote on a final rule on June 25, 2024 at 1:00 PM.

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

  1. Notify the public of the Proposed rule. This includes publishing the rule in the City Record
    • The Board worked 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.

  2. Hold a public hearing and accept written comment during a public comment period. The Board will hold one, in-person and online public hearing at 1:00PM on June 17, 2024. 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 three (3) minutes.

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

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

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

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

  7. The final Rule is adopted. The final Rule shall take effect on the same day Local Law 42 of 2024 takes effect, but no earlier than 30 days after its publication in the City Record.

June 17, 1:00pm Public Hearing

Online Registration

Or

Call-In Number: 408-418-9388 and Access Code: 2348 403 2307

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 2 Lafayette, Suite 1221, 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 June 12, 2024 so that we have sufficient time to arrange the accommodation.

The Board will accept written comments until the close of business on June 17, 2024. You may send written comments by mail (2 Lafayette, Suite 1221, New York, NY 10007), email (boc@boc.nyc.gov), fax (212-669-7980), or via the NYC Rules website.

Public Comment

Proposed Restrictive Housing Rule (2024)

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