Section 9-130. Jail data reporting on adolescents


Latest version.
  • a. Definitions. For
      purposes of this section, the following terms shall have  the  following
      meanings:
        1. "Adolescent" shall mean persons 16, 17 and 18 years of age.
        2. "Department" shall mean the New York city department of correction.
        3. "Serious  injury  as  a  result of adolescent on adolescent fights"
      shall mean a physical injury that includes: (i) a  substantial  risk  of
      death or disfigurement; (ii) loss or impairment of a bodily organ; (iii)
      a  fracture  or  break  to  a  bone, excluding fingers and toes; (iv) an
      injury defined as serious by a physician; and (v) any additional  injury
      as defined by the department.
        4. "Staff"  shall  mean  anyone,  other  than  an inmate, working at a
      facility operated by the department.
        5. "Use of force" shall mean the use of chemical  agents  or  physical
      contact  between  a uniformed member of service and an inmate, but shall
      not include physical contact used in  a  non-confrontational  manner  to
      apply mechanical restraints or to guide an inmate.
        6. "Use  of  force A" shall mean a use of force resulting in an injury
      that   requires   medical   treatment   beyond   the   prescription   of
      over-the-counter  analgesics  or  the administration of minor first aid,
      including, but not limited to: (i) multiple abrasions and/or contusions;
      (ii) chipped or cracked tooth; (iii) loss of tooth; (iv) laceration; (v)
      puncture; (vi)  fracture;  (vii)  loss  of  consciousness,  including  a
      concussion;  (viii)  suture;  (ix)  internal injuries, including but not
      limited to ruptured spleen or perforated eardrum; or (x) admission to  a
      hospital.
        7. "Use  of  force B" shall mean a use of force resulting in an injury
      that does not require hospitalization or medical  treatment  beyond  the
      prescription  of  over-the-counter  analgesics  or the administration of
      minor first aid.
        b. The  commissioner  of  correction  shall  post  a  report  on   the
      department  website  within fifteen days of the beginning of each fiscal
      year quarter containing information pertaining to  adolescents  in  city
      jails for the prior quarter; unless a different time period is specified
      for  a  particular  indicator.  Such quarterly report shall indicate the
      average daily adolescent population for the  reporting  period  and  the
      prior  fiscal  year  total  for each indicator. The report shall include
      information regarding census  data  and  security  indicators  for  city
      jails, as follows:
        1. Census data. The report shall include, on an annual basis, separate
      indicators  for:  (i)  the total number of adolescent admissions to city
      jails disaggregated by age and gender; and (ii) the percentage of  those
      admitted  who  were  previously  admitted  to a facility operated by the
      department; and (iii) the percentage of those admitted  who  within  the
      last  year  were  admitted  to  a facility under the jurisdiction of the
      department of juvenile justice. Such annual report  shall  indicate  the
      percentage change for each census data indicator from the prior year.
        2. Security  indicators  for  city  jails.  The  report  shall include
      separate indicators, disaggregated by facility, for the total number of:
      (i) stabbings involving  an  adolescent,  (ii)  slashings  involving  an
      adolescent,   (iii)   assaults  on  staff  by  adolescents,  (iv)  fight
      infractions written against adolescents, (v) allegations of use of force
      A involving adolescents, (vi) incidents of  use  of  force  A  involving
      adolescents,  (vii) allegations of use of force B involving adolescents,
      (viii)  incidents  of  use  of  force  B  involving  adolescents;   (ix)
      adolescent  hospital  admissions  as  a  result  of  use of force A; (x)
      incidents of use of  force  involving  adolescents  that  result  in  no
      injury;  (xi)  incidents  of use of force involving adolescents in which
    
      chemical agents  are  used;  (xii)  serious  injuries  as  a  result  of
      adolescent   on   adolescent   fights,  (xiii)  hospital  admissions  of
      adolescents as a  result  of  adolescent  on  adolescent  fights;  (xiv)
      homicides involving adolescents, (xv) attempted suicides by adolescents;
      (xvi)   suicides  by  adolescents;  (xvii)  substantiated  incidents  of
      adolescent on adolescent sexual assault; (xviii) substantiated incidents
      of staff on adolescent sexual assault.
        3. Additional indicators for city jails. The report shall include,  on
      an annual basis, separate indicators, disaggregated by facility, for the
      total  number  of:  (i)  allegations  of adolescent on adolescent sexual
      assault; (ii) allegations of staff on  adolescent  sexual  assault;  and
      (iii)  adolescent  on  adolescent  fights  that  result  in  (a) loss of
      consciousness, including concussions, not otherwise  reported;  and  (b)
      internal injuries not otherwise reported.