Bill Text: NY S00570 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 570 (Prior Session Legislation)

Introduced

Bill Title: Requires structured out-of-cell programming for adolescents in segregated disciplinary confinement.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S00570 Detail]

Download: New_York-2021-S00570-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                           570

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced by Sens. SEPULVEDA, SAVINO -- read twice and ordered printed,
          and  when  printed  to be committed to the Committee on Crime Victims,
          Crime and Correction

        AN ACT to amend the correction law, in relation to requiring  structured
          out-of-cell  programming  for  adolescents  in segregated disciplinary
          confinement

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  opening paragraph of subdivision 6 of section 137 of
     2  the correction law, as amended by chapter 1 of  the  laws  of  2008,  is
     3  amended to read as follows:
     4    Except as provided in paragraphs (d) [and], (e) and (h) of this subdi-
     5  vision,  the  superintendent  of  a  correctional  facility may keep any
     6  inmate confined in  a  cell  or  room,  apart  from  the  accommodations
     7  provided  for inmates who are participating in programs of the facility,
     8  for such period as may be necessary for maintenance of order  or  disci-
     9  pline, but in any such case the following conditions shall be observed:
    10    §  2. Subdivision 6 of section 137 of the correction law is amended by
    11  adding a new paragraph (h) to read as follows:
    12    (h) Any inmate under the age of twenty-one who is in segregated disci-
    13  plinary confinement must be offered at least four hours a day of  struc-
    14  tured  out-of-cell  programming,  in  addition  to  exercise, and may be
    15  provided with additional out-of-cell activities for good  behavior.  The
    16  inmate's  education,  mental  health and other programming needs must be
    17  addressed during any such  period  of  segregated  confinement  and  the
    18  inmate must be given significant daily opportunity to engage in physical
    19  activity.  No such inmate shall be kept in punitive isolation, be denied
    20  telephone calls or visits or be placed on a restrictive diet as a  sanc-
    21  tion  for misbehavior. Such inmates may not be housed in a special hous-
    22  ing unit for adults unless there  are  exceptional  circumstances  which

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03292-01-1

        S. 570                              2

     1  would  create  an  unacceptable risk to the safety and security of other
     2  inmates or staff. In such exceptional circumstances  the  inmate's  case
     3  shall  be immediately referred to the commissioner for review and resol-
     4  ution.  Any  such  placement  in an adult special housing unit shall not
     5  exceed fifteen days.
     6    § 3. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.