* § 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 eighteen years of age shall be placed or kept or
allowed to be at any time with any prisoner or prisoners eighteen 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 eighteen years of age by prisoners eighteen 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 incarcerated individuals 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 incarcerated
individual;

(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
incarcerated individual.

(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 incarcerated
individual at the time of classification;

(3) records, to the extent relevant and known to the chief
administrative officer, maintained by the department of corrections and
community supervision 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 incarcerated
individuals:

(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 eighteen years of age with persons eighteen 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
incarcerated individuals 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 incarcerated individuals 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 incarcerated individuals as authorized in this section.

9. The chief administrative officer shall forward to the commission a
quarterly report relative to the housing of incarcerated individuals.
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 eighteen years of age with persons eighteen years of age or older
or the commingling of persons eighteen years of age or older with
persons under eighteen years of age, the chief administrative officer
may apply to the commission for permission to commingle the
aforementioned categories of incarcerated individuals 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 incarcerated individuals 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 incarcerated individuals 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 incarcerated individuals presents a danger to the health, safety or
welfare of any such incarcerated individual. 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 or she 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
incarcerated individuals 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 incarcerated individuals
following his or her 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
incarcerated individuals 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, 2025