N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 180-3.10 - Classification

(a) After completion of the initial screening and assessment by a specialized secure detention facility, and pending determination of each youth's living assignment, the youth shall be placed in an area designated for orientation. Placement in such area shall be temporary pending the determination of an appropriate living assignment, which shall be completed within five (5) days of each youth's admission to the facility.

(b) A youth may be assigned a room on a temporary basis within a different area when there is no room in the temporary area or when creating such a room in the area designated for orientation would be cause for significant disruption. Such circumstances include, but are not limited to:

(1) youth who are admitted after residents are in bedrooms for the night;

(2) lack of available free rooms in the area designated for orientation; or

(3) when placing the youth in the area designated for orientation could be dangerous to the youth due to the other youth already placed in the orientation area.

(c) A transgender or intersex youth may be assigned to any facility housing unit which, upon the determination of the facility director, provides for the youth's health and safety and is consistent with facility management and security. Otherwise, no female youth shall be assigned to, or housed in, a facility housing unit with a male youth.

(d) In the City of New York, no adolescent offender may be assigned to, or housed in, a facility housing unit with any youth, committed or sentenced by an adult criminal court, who has been removed from a Rikers Island correctional facility pursuant to the requirements of Correction Law section 500-p or with any other 16- or 17-year-old who otherwise would have been detained in a Rikers Island correctional facility but for the implementation of such statutory provision; provided, however, that the co-mingling of such 16- or 17-year-old youth with adolescent offenders shall not be allowed in shared common spaces, except for purposes of education, infirmary, fire drills, transport to the facility, and other purposes, upon a showing that maintaining separate spaces creates an undue burden in accordance with an approved waiver request submitted pursuant to section 180-3.19 of this subpart, which may be submitted as part of the facility certification process.

(e) Otherwise, in arriving at a determination of each youth's room or housing area assignment, the facility director shall base such determination on the following information, if such information is available and accessible:

(1) gender/Gender Identity or Expression;

(2) sexual Orientation;

(3) criminal or delinquent history;

(4) propensity for violence and/or victimization;

(5) medical/mental health history including any developmental disability;

(6) history of problematic sexual behavior;

(7) history of aggression with other residents;

(8) prior attempts at self-injury or suicide;

(9) history of being absent without consent from prior placements or escape;

(10) behavior during present and prior commitments, including any history of assaultive behavior; and

(11) any other information that may affect the safety and security of the youth or staff.

(f) Each facility shall use a formal and objective system for assessment to fulfill the requirements of this section.

(g) In considering the information contained in subdivision (e) of this section, the facility director shall examine and verify the following, where available and appropriate:

(1) records made available from the court or the delivering jurisdiction;

(2) information obtained during a youth's initial screening and assessment by the facility;

(3) records, to the extent relevant, known, accessible and available, to the facility director that are prepared at or maintained by any detention facility in the state;

(4) information obtained from mental health treatment providers in accordance with the Mental Hygiene Law;

(5) information disclosed by the facility medical director and/or mental health supervisory staff that they believe is or may be relevant in determining the resident's risk, security and supervision, and special needs requirements, or that may affect the life, safety, or welfare of the resident or any other person; and

(6) any other relevant information concerning a resident's condition brought to the attention of the facility director or any other staff by any person.

(h) Prior to moving a youth to his or her assigned room/area, staff shall notify the youth of the determination and explain its implications, if any.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.10

Adopted New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018