Section 500-B. Housing of prisoners and other persons in custody

1. As
  used in this section, the term "chief administrative officer" shall mean
  the person responsible  pursuant  to  section  five  hundred-c  of  this
  article  for  receiving and safely keeping persons committed to a county
  jail.
    2. In any case in which the chief administrative officer has more than
  one jail under his jurisdiction, he may  confine  a  civil  or  criminal
  prisoner  in  any such jail and may remove the prisoner from one jail to
  another, within the county, whenever  he  deems  it  necessary  for  his
  safekeeping, or for the prisoner's appearance at court.
    3.  No female confined in a county jail shall be assigned to or housed
  in a facility housing unit  with  a  male;  and  if  detained  on  civil
  process,  or for contempt, or as a witness, she shall not be put or kept
  in the same room with a man, except her husband.
    4. No person under nineteen years of age shall be placed  or  kept  or
  allowed  to be at any time with any prisoner or prisoners nineteen years
  of age or older, in any room, dormitory, cell or tier of  the  buildings
  of  such  institution  unless  separately  grouped  to prevent access to
  persons under nineteen years of age by prisoners nineteen years  of  age
  or older.
    6. The commission shall promulgate rules and regulations in accordance
  with subdivisions seven and eight of this section to assure that persons
  in custody in local correctional facilities will be afforded appropriate
  precautions  for  their  personal  safety  and  welfare in assignment to
  housing.
    7.  (a)  Consistent  with  the  commission's  rules  and   regulations
  regarding  the  assignment  of  inmates  to  housing  units,  the  chief
  administrative officer shall exercise good judgment and  discretion  and
  shall take all reasonable steps to ensure that the assignment of persons
  to facility housing units:
    (1) fosters the safety, security and good order of the jail; and
    (2)  affords  appropriate  precautions  for  the  personal  safety and
  welfare of persons in custody with particular attention to those who are
  known to be vulnerable to assault or any physical or mental abuse.
    (b) The chief administrative officer shall consider the  following  in
  complying with this subdivision:
    (1) prior victimization in jail or prison;
    (2) prior history of mental illness;
    (3) prior history of sex offenses;
    (4) prior history of a hostile relationship with another inmate;
    (5) prior attempts at self-injury or suicide;
    (6) prior attempted escapes;
    (7) any mental or physical handicapping condition; and
    (8)  any  other  information  concerning  the safety or welfare of the
  inmate.
    (c) In considering the above  information,  the  chief  administrative
  officer shall examine the following:
    (1)  records  made  available  to  such  officer  at  the  time of the
  commitment by the court or law enforcement agency;
    (2) determinations made upon an interview with an inmate at  the  time
  of classification;
    (3)   records,   to  the  extent  relevant  and  known  to  the  chief
  administrative officer, maintained by  the  department  of  correctional
  services  and/or any local correctional facility in this state and which
  are accessible and available to the chief administrative officer; and
    (4) any other relevant information brought to  the  attention  of  the
  chief  administrative  officer  by  any  person  with  knowledge  of the
  conditions of the defendant.

    8.  Where  the  commission  finds   substantial   noncompliance   with
  commission  rules  and  regulations  with regard to (a) minimum staffing
  requirements; or (b) maximum jail capacity and security requirements; or
  (c) where it is determined that the county does  not  have  an  approved
  service  plan  in effect pursuant to article thirteen-A of the executive
  law or is found to  be  in  non-compliance  therewith,  as  provided  in
  section  two  hundred  sixty-three  of  such  law, it shall prohibit the
  commingling of any of the following categories of inmates:
    (1) persons in custody on civil process, or committed for contempt, or
  detained as witnesses with persons detained  for  trial  or  examination
  upon a criminal charge with convicts under sentence;
    (2)  persons  detained for trial or examination upon a criminal charge
  with convicts under sentence;
    (3) persons under nineteen years of age with persons nineteen years of
  age or older; or
    (4) a woman detained  in  any  county  jail  or  penitentiary  upon  a
  criminal  charge  or  as  a  convict  under  sentence with a man; and if
  detained on civil process, or for contempt, or as a witness in a room in
  which there are no other prisoners with a man, except with her husband.
    Such prohibition shall continue until  such  time  as  the  commission
  finds  that  the  county  is no longer in substantial noncompliance with
  paragraphs (a), (b) and (c) of this subdivision.
    Notwithstanding the provisions of this subdivision  to  the  contrary,
  classification  as authorized pursuant to this section may occur without
  compliance with paragraphs (b) and (c) of this subdivision for a  period
  not  to exceed six months immediately following the submission of a plan
  to the division  pursuant  to  section  two  hundred  sixty-two  of  the
  executive  law.  During  such  six  month  period  the  commission shall
  undertake to review, observe and assess the classification of inmates in
  local correctional  facilities  as  authorized  under  this  section  to
  thereby  ascertain  safeguards which should be incorporated in its rules
  and regulations. Further, during such six month  period  in  which  such
  classification  shall  be  permitted  pursuant  to this subdivision, the
  commission shall evaluate whether a local correctional  facility  is  in
  substantial  noncompliance  with  rules  and  regulations  regarding the
  requirements  specified  in  paragraphs  (a),  (b)  and  (c)   of   this
  subdivision  and  shall  determine  at  the end of such six month period
  whether substantial noncompliance exists. At the expiration of  the  six
  month  period  if  the  commission finds a local facility in substantial
  noncompliance, the commission shall order that the prohibition set forth
  in this subdivision immediately  take  effect.  The  commissioner  shall
  advise the chief administrative officer of such facility of the specific
  nature  of  the  noncompliance and the specific measures which should be
  undertaken to remedy the noncompliance. When  such  measures  have  been
  implemented,  the chief administrative officer shall certify same to the
  commissioner and upon the  verification  thereof  by  the  commissioner,
  shall  permit  the  chief  administrative officer to classify inmates as
  provided under this section. In the event substantial  noncompliance  is
  not  found  at  the  expiration  of the six month period, then the local
  correctional facility may continue to classify inmates as authorized  in
  this section.
    9.  The chief administrative officer shall forward to the commission a
  quarterly report relative to the housing of inmates.  The  report  shall
  include, but not be limited to:
    (a) all unusual incidents or assaults occurring in a housing unit;
    (b) staffing;
    (c) daily prisoner population counts;

    (d)  verification  that  the  locality  is  maintaining  security  and
  supervision records as mandated pursuant to the commission's  rules  and
  regulations;
    (e)  court orders which have been issued and which relate to staffing,
  jail capacity or security requirements; and
    (f) any other information requested by the commission and available to
  the chief administrative officer with respect to this section.
    10. The  commission  shall  conduct  on-site  inspections  and  review
  reports required by this section to monitor the assignment of persons to
  facility housing units as governed by this section.
    11.  The  commission  shall  submit  to  the  governor,  the temporary
  president of the senate, the speaker of the assembly,  the  chairman  of
  the  senate  crime  and  correction  committee  and  the chairman of the
  assembly committee on codes, by March first of each year, its evaluation
  and  assessment  of  housing  in  county  jails,   together   with   any
  recommendations  with  respect to the proper operation or improvement of
  housing in county jails.
    12. The provisions of this section shall govern only the assignment of
  persons to facility housing units and shall not be construed to prohibit
  the commingling of persons during their participation  in  any  facility
  program or activity, including meals and visitations.
    13.  Where  in  the  opinion  of  the  chief administrative officer an
  emergency overcrowding condition exists in a local correctional facility
  caused in part by the prohibition against  the  commingling  of  persons
  under  nineteen years of age with persons nineteen years of age or older
  or the commingling of persons  nineteen  years  of  age  or  older  with
  persons  under  nineteen  years of age, the chief administrative officer
  may  apply  to  the  commission  for   permission   to   commingle   the
  aforementioned  categories  of inmates for a period not to exceed thirty
  days as provided herein. The commission shall acknowledge to  the  chief
  administrative officer the receipt of such application upon its receipt.
  The  chief  administrative  officer shall be permitted to commingle such
  inmates upon  acknowledgment  of  receipt  of  the  application  by  the
  commission.  The  commission  shall  assess the application within seven
  days of receipt. The commission shall  deny  any  such  application  and
  shall  prohibit  the  continued commingling of such inmates where it has
  found that the local correctional facility does not  meet  the  criteria
  set   forth   in   this   subdivision  and  further  is  in  substantial
  noncompliance  with  minimum  staffing  requirements  as   provided   in
  commission  rules  and  regulations.  In  addition, the commission shall
  determine whether the commingling of such inmates presents a  danger  to
  the  health,  safety  or  welfare  of any such inmate. If no such danger
  exists the chief administrative officer  may  continue  the  commingling
  until  the  expiration  of the aforementioned thirty day period or until
  such time as he determines that the overcrowding which necessitated  the
  commingling  no  longer exists, whichever occurs first. In the event the
  commission determines that such  danger  exists,  it  shall  immediately
  notify  the  chief  administrative  officer, and the commingling of such
  inmates shall cease. Such notification shall include  specific  measures
  which  should  be  undertaken  by  the  chief administrative officer, to
  correct such dangers. The chief administrative officer may correct  such
  dangers  and  reapply  to  the  commission  for permission to commingle;
  however, no commingling may take place until such time as the commission
  certifies that the facility is now in compliance with the  measures  set
  forth   in   the   notification   under   this  subdivision.  When  such
  certification has been received by the chief administrative officer, the
  commingling may continue for thirty days, less any time during which the
  chief administrative  officer  commingled  such  inmates  following  his

  application  to the commission, or until such time as he determines that
  the overcrowding which necessitated the commingling  no  longer  exists,
  whichever  occurs  first. The chief administrative officer may apply for
  permission to commingle such inmates for up to two additional thirty day
  periods,  in conformity with the provisions and the requirements of this
  subdivision, in a given calendar year. For the  period  ending  December
  thirtieth,  nineteen  hundred  eighty-four, a locality may not apply for
  more than one thirty day commingling period.
    * NB Repealed September 1, 2011