New York Bill of Rights for Incarcerated Individuals

Local Law 91 of 2015 created the New York Bill of Rights for Incarcerated Individuals, codified under N.Y.C. Admin. Code § 9-139. The New York City Council enacted the law after years of public concern about conditions at Rikers Island as well as the Manhattan Detention Complex, the Brooklyn Detention Complex, and the Queens Detention Complex, and the lack of clear information provided to people entering custody. The law was intended to require the Department of Correction to provide written and oral explanations of rights, responsibilities, and available services when a person enters a New York City jail.

The New York Bill of Rights for Incarcerated Individuals requires the New York City Department of Correction to inform people in custody about their rights and responsibilities. Under N.Y.C. Admin. Code § 9-139, individuals entering city jail must receive written information in plain language explaining their rights, responsibilities, and available services.

The law focuses on access to information. When a person enters custody, the Department of Correction must explain rights, responsibilities, and available services in writing and in plain language. The law also requires the department to provide an oral summary of this information within 24 hours of admission.

Many individuals and families do not know that this law exists. Yet it plays a role in how people in custody learn about medical care, visitation, legal access, safety protections, and the grievance process. When jail officials fail to follow these rules, it may raise legal issues related to conditions of confinement or prisoner treatment.

If a person in custody or a family member believes that rights were not explained or respected under N.Y.C. Admin. Code § 9-139, it may be helpful to consult an experienced New York prisoner’s rights lawyer to review the situation and explain possible legal options.

Why Did New York Create a Bill of Rights for Incarcerated Individuals?

New York City created a Bill of Rights for Incarcerated Individuals because many people arrive in jail after an arrest with little understanding of the rules that apply once they enter custody. Some individuals may also face language barriers, mental health issues, or stress related to the arrest process. The law seeks to reduce confusion by requiring the Department of Correction to give written and oral explanations of rights and responsibilities.

The law also reflects concerns about conditions in city jails. Reports over many years have documented issues related to safety, medical care, and treatment of incarcerated individuals. By requiring written notice of rights and grievance procedures, the law helps ensure that individuals know how to raise concerns about treatment or conditions. The law was later amended to add provisions related to retaliation protections, grievance information, and respectful communication by correction staff.

When questions arise about whether correction officials followed these legal requirements, consulting an experienced New York prisoner’s rights lawyer can help determine whether the law was violated and what steps may be available.

What Rights Must Be Explained to Incarcerated Individuals When They Enter Custody?

One of the main requirements of N.Y.C. Admin. Code § 9-139 is that the Department of Correction must inform individuals in custody about specific rights when they enter jail. The department must provide written information using plain and simple language. The information must address several areas that affect daily life in custody.

The law requires the department to inform individuals about the following topics:

• Protection from discriminatory treatment
• Personal hygiene and sanitation
• Recreation opportunities
• Religious practice
• Visits with attorneys
• Access to legal reference materials
• Visitation with family or friends
• Telephone calls and other correspondence
• Media access
• Due process during disciplinary proceedings
• Health services
• Safety from violence
• The grievance system

These topics address basic aspects of life in jail. For example, access to attorneys and legal materials relates to a person’s ability to prepare a legal defense or pursue court actions such as personal injury claims or federal civil rights claims under 42 U.S.C. § 1983. Access to health services relates to medical and mental health treatment.

Safety from violence is another area addressed by the law. Correction agencies have a duty to take reasonable steps to protect individuals in custody from harm by staff or other incarcerated individuals. Note that the Bill of Rights for Incarcerated Individuals does not create a cause of action for personal injury. However, claims for injuries that occur in custody may still be brought under federal civil rights law, including 42 U.S.C. § 1983, or under New York tort law such as negligence. In those cases, the requirements of the statute may help show what information the Department of Correction was required to provide and whether policies related to safety were followed.

The grievance system is also a major part of the notice requirement. Individuals must be informed about how to file complaints regarding conditions or treatment inside the facility.

If jail officials fail to inform individuals about these rights or fail to follow policies related to these rights, legal claims may arise. In such situations, a person or their family may wish to consult an experienced New York prisoner’s rights lawyer to review whether the law was followed.

What Responsibilities Must Incarcerated Individuals Be Told About?

The New York Bill of Rights for Incarcerated Individuals does not address rights alone. The law also requires the Department of Correction to explain the responsibilities that apply to individuals while they are in custody.

Under N.Y.C. Admin. Code § 9-139(b), the department must inform every incarcerated individual about the rules that govern conduct inside the facility. These rules typically address behavior, safety procedures, and compliance with facility policies.

Examples of rules that may apply include instructions about movement within the facility, use of common areas, compliance with staff directions, and participation in facility programs or procedures. Individuals in custody may also face disciplinary proceedings if they violate these rules.

Because disciplinary proceedings can affect housing assignments, privileges, and other aspects of confinement, the law requires that individuals receive notice of their responsibilities at the beginning of their time in custody.

Providing this information in writing helps ensure that individuals understand the standards that apply to them. Clear communication may reduce misunderstandings between staff and individuals in custody.

If disciplinary actions occur and there are questions about whether a person received proper notice of the rules or due process protections, legal review may be appropriate. An experienced New York prisoner’s rights lawyer can examine whether jail officials followed legal requirements.

What Services Must Be Explained to Incarcerated Individuals?

Another part of the law focuses on services that may be available to individuals while they are in custody. Under N.Y.C. Admin. Code § 9-139(c), the Department of Correction must inform individuals about programs and services related to education, vocational development, substance treatment, and mental health care.

• Education programs may include literacy classes, high school equivalency preparation, or other learning opportunities.
• Vocational programs may provide training in trades or skills that can assist individuals after release.
• Drug and alcohol treatment services may involve counseling programs or other support services offered within the facility.
• Mental health treatment and counseling services must also be explained. Many individuals in custody face mental health challenges, and access to treatment can affect both personal well-being and facility safety.

By requiring notice of these services, the law aims to ensure that individuals know what help may be available during their time in custody.

If a person believes that services were denied or not explained as required by law, it may be helpful to consult an experienced New York prisoner’s rights lawyer to evaluate the situation and determine whether legal action is possible.

How Must the Department of Correction Communicate These Rights and Services?

The New York Bill of Rights for Incarcerated Individuals contains detailed requirements about how the Department of Correction must communicate information to individuals in custody.

• First, the department must provide written information in plain and simple language. This requirement aims to make the information understandable to people with different levels of education or familiarity with legal systems.
• Second, the law requires the department to publish these documents on its website. The documents must be available in English and Spanish. Public access allows families, attorneys, and advocates to review the information that the department provides to individuals in custody.
• Third, the law requires the department to provide an oral explanation of rights and responsibilities within 24 hours of admission to custody. This oral summary must be provided in the individual’s preferred language if that language is included in the city’s language access plan. N.Y.C. Admin. Code § 9-139(e)

If the preferred language is not available through the language access plan, the department must make a good faith effort to provide an explanation in that language as soon as possible.

Language access is important because many individuals in New York City speak languages other than English. In fact, there are estimates that 200 languages are spoken in New York. Without translation, individuals may not understand their rights or how to request help.

If individuals believe that language access requirements were ignored or that they did not receive the information required by law, legal advice from an experienced New York prisoner’s rights lawyer may help clarify the available options.

What Information Must Incarcerated Individuals Receive About Reentry Resources?

The Bill of Rights for Incarcerated Individuals also addresses resources that may help individuals after release from custody. Under N.Y.C. Admin. Code § 9-139(f), individuals entering custody must be offered the option of receiving a guidebook called the Connections guidebook for formerly incarcerated people or a similar handbook.

This type of handbook describes programs and services that may help individuals reintegrate into the community after incarceration. These resources may include information about housing, employment programs, education opportunities, and health services.

Reentry information may also include guidance about obtaining identification documents, applying for benefits, or accessing community organizations that assist individuals after release.

Providing this information during incarceration may help individuals plan for the transition back to the community. The goal is to reduce barriers that people may face after leaving custody.

What Protections Exist for Grievances and Complaints?

The grievance system plays a role in addressing problems inside correction facilities. The New York Bill of Rights for Incarcerated Individuals requires the Department of Correction to inform individuals about their right to file grievances and complaints.

The law also requires the department to explain protections against retaliation. Retaliation can occur when staff take negative action against an individual because the person filed a grievance or complaint. For example, being moved to a less desirable housing area, losing privileges, or being subjected to disciplinary action could be a sign of retaliation if it occurs after an inmate submits a grievance about staff conduct or facility conditions. The law requires the Department of Correction to inform incarcerated individuals that retaliation for filing a grievance or complaint is prohibited.

Under N.Y.C. Admin. Code § 9-139(g), incarcerated individuals must receive written information explaining that retaliation is not permitted. They must also receive information about which complaints are not part of the grievance process and how those complaints should be handled.

The law states that complaints made through various channels may be addressed by the Office of Constituent and Grievance Services. These channels may include:

• Complaints made through the city’s 311 system
• Complaints sent to the Board of Correction
• Emails
• Complaints submitted by attorneys or advocates
• Complaints submitted by public officials
• Complaints submitted by family members or other third parties

Grievance procedures help create a record of complaints about conditions or treatment in custody. In some situations, incarcerated individuals must use the grievance system before filing certain lawsuits about jail conditions, particularly federal civil rights claims under 42 U.S.C. § 1983.

If an incarcerated individual believes that staff retaliated after a grievance or complaint, legal action may be possible. In these situations, an experienced New York prisoner’s rights lawyer can review the facts and explain whether the law provides a path for relief.

What Rules Address Respect and Treatment of Incarcerated Individuals?

Amendments to the law added provisions related to respectful treatment inside correction facilities. Under N.Y.C. Admin. Code § 9-139(h), the Department of Correction must maintain a policy requiring employees to refer to individuals in custody by their names and preferred pronouns when known and practicable. The rule requires staff to avoid language that treats individuals as objects rather than people.

Another provision requires grievance forms to include instructions explaining how individuals can appeal grievance decisions. The department must also post these forms on its website.

These provisions address communication between staff and incarcerated individuals as well as transparency in grievance procedures.

How Does the New York Bill of Rights for Incarcerated Individuals Affect Families?

Family members often search for information when a loved one enters custody. The New York Bill of Rights for Incarcerated Individuals may help families understand what information the Department of Correction must provide to people in custody.

Because the law requires the department to publish written materials online, families and attorneys can review the same documents that incarcerated individuals receive. This transparency can help families understand visitation rules, grievance procedures, and available services.

Families may also become aware of possible violations of rights. For example, a family member may learn that a loved one was not informed about access to medical services, visitation rights, or grievance procedures.

When families believe that jail officials failed to follow the law or when an incarcerated person reports abuse, neglect, or unsafe conditions, legal advice may help determine what steps can be taken.

In such situations, speaking with an experienced New York prisoner’s rights lawyer may help families understand whether the law provides grounds for a complaint or lawsuit.

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

The New York Bill of Rights for Incarcerated Individuals establishes rules that require the Department of Correction to inform people in custody about their rights, responsibilities, and available services. When those rules are not followed, individuals and families may have questions about legal remedies. If you or a family member believes that rights were violated while in custody, contact Stephen Bilkis & Associates.

The experienced prisoner’s rights attorneys serving New York at Stephen Bilkis & Associates represent individuals in matters involving prisoner rights, jail conditions, and treatment of incarcerated individuals. The firm is led by managing partner Stephen Bilkis, who is rated Excellent by Avvo, recognized as a Top-Rated Lawyer by Justia.com, and listed among the best lawyers in New York State by Expertise.com and TopLawyer.com.

Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Queens, Bronx, Brooklyn, Long Island, Manhattan, Westchester County, Nassau County, Staten Island, and Suffolk County.