File #: Int 0030-2022    Version: * Name: Requiring the dept of correction to create and implement policies to address medical needs during and after lock-ins.
Type: Introduction Status: Committee
Committee: Committee on Criminal Justice
On agenda: 2/10/2022
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of correction to create and implement policies to address medical needs during and after lock-ins
Sponsors: Carlina Rivera , Carmen N. De La Rosa, Farah N. Louis, Lynn C. Schulman, Mercedes Narcisse, Shahana K. Hanif, Julie Won, Crystal Hudson, Nantasha M. Williams, Rita C. Joseph, Lincoln Restler, Gale A. Brewer, Alexa Avilés, Erik D. Bottcher, Tiffany Cabán, Chi A. Ossé, Diana I. Ayala, Kristin Richardson Jordan, Kevin C. Riley, Jennifer Gutiérrez, Charles Barron, Amanda Farías
Council Member Sponsors: 22
Summary: This bill would require the Department of Correction (“DOC”) to develop and implement a plan, in consultation with Correction Health Services (“CHS”) to address medical appointments during and after a lock-in. The plan would require DOC to provide CHS with adequate notice of an impending lock-in when possible and DOC and CHS to communicate during and after a lock-in. The plan would also require CHS to determine the order in which individuals who were not produced for a medical appointment due to a lock-in are produced, based on medical necessity, and DOC to continue to escort patients to medical appointments, whenever practicable. This bill would also require DOC to report when mental health units are locked down pursuant to a lock-in and how services were supplemented during that time, and CHS to report on the number of missed appointments due to a lock-in.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 30, 2. Int. No. 30, 3. February 10, 2022 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 2-10-22, 5. Minutes of the Stated Meeting - February 10, 2022, 6. Committee Report 4/29/22, 7. Hearing Testimony 4/29/22, 8. Hearing Transcript 4/29/22

Int. No. 30

 

By Council Members Rivera, De La Rosa, Louis, Schulman, Narcisse, Hanif, Won, Hudson, Williams, Joseph, Restler, Brewer, Avilés, Bottcher, Cabán, Ossé, Ayala, Richardson Jordan, Riley, Gutiérrez, Barron and Farías

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of correction to create and implement policies to address medical needs during and after lock-ins

 

Be it enacted by the Council as follows:

 

Section 1. Subdivision a of section 9-108 of the administrative code of the city of New York is amended by adding a new definition of “lock-in” in alphabetical order to read as follows:

Lock-in. The term “lock-in” means any period of time in which incarcerated individuals are confined to their cells or beds.

§ 2. Subdivision d of section 9-108 of the administrative code of the city of New York, as added by local law number 132 for the year 2019, is amended to read as follows:

d. Where individuals are not produced for medical appointments, department personnel shall record the facility, along with the reason for non-production, including but not limited to: “court”, “visits”, “production refusal”, “walkout”, “programming”, “barbershop,” “recreation,” “lock-in” and “other”. For the category, “other,” department personnel shall provide a brief narrative.  If the reason for non-production is a refusal or walkout, the department [will] shall also record the reason for refusal or walkout, if given. The department shall make such records legible and available to the board of correction at any time. On a monthly basis, the department shall publish an aggregate report on non-production on its website and submit such a report to correctional health services and the city council. This report shall also contain an aggregate count of reasons for production refusal or walkout, if given, and the facility.

§ 3. Section 9-108 of the administrative code of the city of New York is amended by adding new subdivisions f, g and h to read as follows:

f. The department shall, in consultation with correctional health services, develop a plan to address clinic production during and after a lock-in. Such plan shall ensure that the department is communicating with correctional health services throughout a lock-in. Such plan shall ensure that correctional health services determines the order in which individuals who were not produced for a medical appointment due to a lock-in are produced, based on medical necessity. Such plan shall ensure that department staff continue to escort patients to medical appointments during a lock-in whenever practicable.

g. The department shall notify correctional health services of an impending or present lock-in as soon as possible and include all information that had been provided to department staff, including the time the lock-in was initiated, the anticipated length of the lock-in and the reason for such lock-in.

h. Correctional health services shall submit to the speaker of the council a quarterly report on the number of instances of non-production during a lock-in. The first such report shall be due on April 30, 2023, and shall cover the quarter that began on January 1, 2023. Subsequent reports shall be submitted no later than 30 days after the end of each quarter thereafter.

§ 4. Section 9-155 of the administrative code of the city of New York is amended by adding a new subdivision e to read as follows:

e. Thirty days after the end of the quarter beginning April 1, 2023, and no later than 30 days after the end of each subsequent quarter, the department shall post on its website and submit to the speaker of the council a report containing information pertaining to emergency lock-ins of mental health units as defined in section 9-134 that occurred during the preceding quarter. Such report shall include how mental health services were supplemented during the emergency lock-ins.

§ 5. This local law takes effect 120 days after it becomes law.

 

 

 

 

 

 

 

 

 

Session 12

NAW

LS #2664

1/4/22 12:05 PM

 

Session 11

AM

LS #10956