Bill Text: NY A01346 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to segregated confinement.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Engrossed - Dead) 2016-05-19 - advanced to third reading cal.640 [A01346 Detail]

Download: New_York-2015-A01346-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1346--B
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2015
                                       ___________
        Introduced  by  M.  of  A.  O'DONNELL,  LUPARDO, ABINANTI, JAFFEE, FAHY,
          MOSLEY, STECK, BARRETT, STIRPE, GOTTFRIED,  SCHIMEL,  LIFTON,  WEPRIN,
          BICHOTTE,  DAVILA, BARRON, WALKER, ORTIZ, HARRIS -- Multi-Sponsored by
          -- M. of A. PERRY, SIMON, SKARTADOS -- read once and referred  to  the
          Committee on Correction -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee -- ordered to a
          third  reading  -- committed to the Committee on Correction in accord-
          ance with Rule 3,  sec.  2  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to amend the correction law, in relation to segregated confine-
          ment
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 23 of section 2 of the correction law, as added
     2  by chapter 1 of the laws of 2008, is amended to read as follows:
     3    23.  "Segregated  confinement" means the [disciplinary] confinement of
     4  an inmate in a special housing unit or in a  separate  keeplock  housing
     5  unit.    Special  housing  units and separate keeplock units are housing
     6  units that consist of cells grouped so as to provide separation from the
     7  general population, and may be used to house inmates  confined  pursuant
     8  to the disciplinary procedures described in regulations.
     9    §  2.  The  opening  paragraph  of subdivision 6 of section 137 of the
    10  correction law, as amended by chapter 1 of the laws of 2008, is  amended
    11  and two new paragraphs (g) and (h) are added to read as follows:
    12    Except  as  provided in paragraphs (d) [and], (e), (g) and (h) of this
    13  subdivision, as a measure  of  last  resort,  the  superintendent  of  a
    14  correctional  facility,  under supervision of the commissioner, may keep
    15  any inmate confined in a cell or room,  apart  from  the  accommodations
    16  provided  for inmates who are participating in programs of the facility,
    17  for such minimal period as may be necessary for maintenance of order  or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06018-05-6
        A. 1346--B                          2
     1  discipline,  but  in  any  such  case  the following conditions shall be
     2  observed:
     3    (g) Segregated confinement is prohibited for the following inmates:
     4    (i) juveniles under the age of twenty-one;
     5    (ii) any person with a mental illness or a developmental disability as
     6  defined in section 1.03 of the mental hygiene law; and
     7    (iii) any person who has a permanent physical disability documented in
     8  his  or  her medical records that substantially limits one or more major
     9  life activities. For the  purposes  of  this  subdivision,  "major  life
    10  activities"  means functions such as walking, seeing, hearing and speak-
    11  ing.
    12    (h) The commissioner shall compile and publish comprehensive disaggre-
    13  gated data on the  use  of  segregated  confinement,  including  related
    14  suicide attempts and self-harm, on a quarterly basis.
    15    §  3.  Subdivision 3 of section 138 of the correction law, as added by
    16  chapter 231 of the laws of 1975, is amended to read as follows:
    17    3. Facility rules shall be specific and  precise  giving  all  inmates
    18  actual  notice of the conduct prohibited. Facility rules shall state the
    19  range of disciplinary sanctions which can be imposed  for  violation  of
    20  each  rule  but  any sanction of segregated confinement shall be for the
    21  minimum period necessary for the maintenance of order or discipline.
    22    § 4. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law.