Bill Text: NY S01623 | 2019-2020 | General Assembly | Introduced


Bill Title: Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options; limits the length of time a person may be in segregated confinement and excludes certain persons from being placed in segregated confinement.

Spectrum: Partisan Bill (Democrat 34-0)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S01623 Detail]

Download: New_York-2019-S01623-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1623
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 15, 2019
                                       ___________
        Introduced by Sen. SEPULVEDA -- 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 restricting  the  use
          of  segregated  confinement  and  creating alternative therapeutic and
          rehabilitative confinement options
          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] any form of
     9  cell confinement for more than seventeen hours a day  other  than  in  a
    10  facility-wide  emergency  or  for  the  purpose  of providing medical or
    11  mental health treatment. Cell confinement that  is  implemented  due  to
    12  medical  or  mental  health treatment shall be within a clinical area in
    13  the correctional facility or in as  close  proximity  to  a  medical  or
    14  mental health unit as possible.
    15    §  2.  Section  2  of  the correction law is amended by adding two new
    16  subdivisions 32 and 33 to read as follows:
    17    32. "Special populations" means any person: (a)  twenty-one  years  of
    18  age  or  younger; (b) fifty-five years of age or older; (c) with a disa-
    19  bility as defined in paragraph (a) of subdivision twenty-one of  section
    20  two  hundred ninety-two of the executive law; or (d) who is pregnant, in
    21  the first eight weeks of the post-partum recovery  period  after  giving
    22  birth,  or  caring for a child in a correctional institution pursuant to
    23  subdivisions two or three of section six hundred eleven of this chapter.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05325-01-9

        S. 1623                             2
     1    33. "Residential rehabilitation unit" means a  separate  housing  unit
     2  used for therapy, treatment, and rehabilitative programming of incarcer-
     3  ated  people  who have been determined to require more than fifteen days
     4  of segregated confinement pursuant to department proceedings. Such units
     5  shall  be therapeutic and trauma-informed, and aim to address individual
     6  treatment and rehabilitation needs and underlying causes of  problematic
     7  behaviors.
     8    §  3.  Paragraph (a) of subdivision 6 of section 137 of the correction
     9  law, as amended by chapter 490 of the laws of 1974, is amended  to  read
    10  as follows:
    11    (a)  The inmate shall be supplied with a sufficient quantity of whole-
    12  some and nutritious food[, provided, however, that such food need not be
    13  the same as the food  supplied  to  inmates  who  are  participating  in
    14  programs of the facility];
    15    §  4.  Paragraph (d) of subdivision 6 of section 137 of the correction
    16  law, as added by chapter 1 of the laws of 2008, is amended  to  read  as
    17  follows:
    18    (d) (i) Except as set forth in clause (E) of subparagraph (ii) of this
    19  paragraph,  the  department,  in  consultation with mental health clini-
    20  cians, shall divert or remove inmates with serious  mental  illness,  as
    21  defined  in  paragraph (e) of this subdivision, from segregated confine-
    22  ment or confinement in a residential  rehabilitation  unit,  where  such
    23  confinement  could potentially be for a period in excess of thirty days,
    24  to a residential mental health treatment unit.   Nothing in  this  para-
    25  graph  shall be deemed to prevent the disciplinary process from proceed-
    26  ing in accordance with department rules and regulations for disciplinary
    27  hearings.
    28    (ii) (A) Upon placement of an inmate into segregated confinement or  a
    29  residential  rehabilitation unit at a level one or level two facility, a
    30  suicide prevention screening instrument shall be administered  by  staff
    31  from  the department or the office of mental health who has been trained
    32  for that purpose. If such a screening instrument reveals that the inmate
    33  is at risk of suicide, a mental health clinician shall be consulted  and
    34  appropriate  safety precautions shall be taken. Additionally, within one
    35  business day of the placement of such an inmate into segregated confine-
    36  ment at a level one or level two facility, the inmate shall be  assessed
    37  by a mental health clinician.
    38    (B) Upon placement of an inmate into segregated confinement or a resi-
    39  dential  rehabilitation  unit at a level three or level four facility, a
    40  suicide prevention screening instrument shall be administered  by  staff
    41  from  the department or the office of mental health who has been trained
    42  for that purpose. If such a screening instrument reveals that the inmate
    43  is at risk of suicide, a mental health clinician shall be consulted  and
    44  appropriate  safety  precautions  shall  be taken. All inmates placed in
    45  segregated confinement or a residential rehabilitation unit at  a  level
    46  three or level four facility shall be assessed by a mental health clini-
    47  cian,  within  [fourteen]  seven  days of such placement into segregated
    48  confinement.
    49    (C) At the initial assessment, if the mental  health  clinician  finds
    50  that  an inmate suffers from a serious mental illness, that person shall
    51  be diverted or removed from  segregated  confinement  or  a  residential
    52  rehabilitation  unit  and  a recommendation shall be made whether excep-
    53  tional circumstances, as described in clause (E) of  this  subparagraph,
    54  exist. In a facility with a joint case management committee, such recom-
    55  mendation shall be made by such committee. In a facility without a joint
    56  case management committee, the recommendation shall be made jointly by a

        S. 1623                             3
     1  committee  consisting  of  the  facility's highest ranking mental health
     2  clinician, the deputy superintendent for security, and the deputy super-
     3  intendent for program services, or their equivalents. Any such recommen-
     4  dation  shall  be reviewed by the joint central office review committee.
     5  The administrative process described in this clause shall  be  completed
     6  within  [fourteen]  seven  days  of  the  initial assessment, and if the
     7  result of such process is that the inmate should be removed from  segre-
     8  gated  confinement  or  a  residential rehabilitation unit, such removal
     9  shall occur as soon as practicable, but in no event more  than  seventy-
    10  two hours from the completion of the administrative process. Pursuant to
    11  paragraph  (g) of this subdivision, nothing in this section shall permit
    12  the placement of an incarcerated person with serious mental illness into
    13  segregated confinement at any time, even for the purposes of assessment.
    14    (D) If an inmate with a serious mental  illness  is  not  diverted  or
    15  removed to a residential mental health treatment unit, such inmate shall
    16  be  diverted  to  a  residential rehabilitation unit and reassessed by a
    17  mental health clinician within fourteen days of the  initial  assessment
    18  and at least once every fourteen days thereafter.  After each such addi-
    19  tional  assessment, a recommendation as to whether such inmate should be
    20  removed from [segregated confinement] a residential rehabilitation  unit
    21  shall  be made and reviewed according to the process set forth in clause
    22  (C) of this subparagraph.
    23    (E) A recommendation or determination whether to remove an inmate from
    24  segregated confinement or a residential rehabilitation unit  shall  take
    25  into  account the assessing mental health clinicians' opinions as to the
    26  inmate's mental condition and treatment needs, and shall also take  into
    27  account  any  safety  and  security  concerns that would be posed by the
    28  inmate's removal, even if additional restrictions  were  placed  on  the
    29  inmate's  access  to  treatment,  property,  services or privileges in a
    30  residential mental health treatment unit. A recommendation  or  determi-
    31  nation  shall direct the inmate's removal from segregated confinement or
    32  a residential rehabilitation unit except in  the  following  exceptional
    33  circumstances:  (1)  when  the  reviewer finds that removal would pose a
    34  substantial risk to the safety of the inmate  or  other  persons,  or  a
    35  substantial  threat  to the security of the facility, even if additional
    36  restrictions were placed on the inmate's access to treatment,  property,
    37  services or privileges in a residential mental health treatment unit; or
    38  (2)  when  the  assessing  mental  health clinician determines that such
    39  placement is in the inmate's best interests based on his or  her  mental
    40  condition  and  that removing such inmate to a residential mental health
    41  treatment unit would be detrimental to his or her mental condition.  Any
    42  determination  not  to remove an inmate with serious mental illness from
    43  segregated confinement or a residential  rehabilitation  unit  shall  be
    44  documented in writing and include the reasons for the determination.
    45    (iii)  Inmates  with  serious  mental  illness who are not diverted or
    46  removed from [segregated confinement] a residential rehabilitation  unit
    47  shall  be  offered a heightened level of mental health care, involving a
    48  minimum of [two] three hours [each day, five  days  a  week,]  daily  of
    49  out-of-cell therapeutic treatment and programming. This heightened level
    50  of care shall not be offered only in the following circumstances:
    51    (A)  The  heightened level of care shall not apply when an inmate with
    52  serious mental illness does not, in the reasonable judgment of a  mental
    53  health  clinician,  require  the heightened level of care. Such determi-
    54  nation shall be documented with a written statement of the basis of such
    55  determination and shall be reviewed by the Central New York  Psychiatric
    56  Center clinical director or his or her designee. Such a determination is

        S. 1623                             4
     1  subject  to  change  should  the  inmate's  clinical status change. Such
     2  determination shall be reviewed and documented by a mental health clini-
     3  cian every thirty days, and in consultation with the  Central  New  York
     4  Psychiatric  Center  clinical  director  or his or her designee not less
     5  than every ninety days.
     6    (B) The heightened level  of  care  shall  not  apply  in  exceptional
     7  circumstances when providing such care would create an unacceptable risk
     8  to the safety and security of inmates or staff. Such determination shall
     9  be  documented  by  security  personnel  together with the basis of such
    10  determination and shall be reviewed by the facility  superintendent,  in
    11  consultation  with  a mental health clinician, not less than every seven
    12  days for as long as the inmate remains  in  [segregated  confinement]  a
    13  residential  rehabilitation unit.  The facility shall attempt to resolve
    14  such exceptional circumstances so that the heightened level of care  may
    15  be  provided.  If  such  exceptional circumstances remain unresolved for
    16  thirty days, the matter shall be referred to the  joint  central  office
    17  review committee for review.
    18    (iv)  [Inmates  with  serious  mental  illness who are not diverted or
    19  removed from segregated confinement shall not be placed on a  restricted
    20  diet,  unless there has been a written determination that the restricted
    21  diet is necessary for reasons of safety and security.  If  a  restricted
    22  diet is imposed, it shall be limited to seven days, except in the excep-
    23  tional  circumstances  where  the joint case management committee deter-
    24  mines that limiting the restricted diet to  seven  days  would  pose  an
    25  unacceptable  risk  to  the  safety and security of inmates or staff. In
    26  such case, the need for a restricted diet shall  be  reassessed  by  the
    27  joint case management committee every seven days.
    28    (v)]All  inmates in segregated confinement in a level one or level two
    29  facility who are not assessed with  a  serious  mental  illness  at  the
    30  initial assessment shall be offered at least one interview with a mental
    31  health  clinician  within  [fourteen] seven days of their initial mental
    32  health assessment, [and additional interviews at least every thirty days
    33  thereafter,] unless the mental  health  clinician  at  the  most  recent
    34  interview  recommends an earlier interview or assessment. All inmates in
    35  [segregated confinement] a residential rehabilitation unit  in  a  level
    36  three  or level four facility who are not assessed with a serious mental
    37  illness at the initial assessment shall be offered at least  one  inter-
    38  view  with a mental health clinician within thirty days of their initial
    39  mental health assessment, and additional interviews at least every nine-
    40  ty days thereafter, unless the  mental  health  clinician  at  the  most
    41  recent interview recommends an earlier interview or assessment.
    42    §  5. Subdivision 6 of section 137 of the correction law is amended by
    43  adding eight new paragraphs (g), (h), (i), (j), (k), (l), (m) and (n) to
    44  read as follows:
    45    (g) Persons in a special population as defined in subdivision  thirty-
    46  two  of  section  two  of this chapter shall not be placed in segregated
    47  confinement for any length of time, except  in  keeplock  for  a  period
    48  prior to a disciplinary hearing pursuant to paragraph (k) of this subdi-
    49  vision.    Individuals in a special population who are in keeplock prior
    50  to a disciplinary hearing shall be given seven hours a  day  out-of-cell
    51  time  or  shall  be  transferred to a residential rehabilitation unit or
    52  residential mental health treatment unit as expeditiously  as  possible,
    53  but in no case longer than forty-eight hours from the time an individual
    54  is admitted to keeplock.
    55    (h)  No person may be placed in segregated confinement for longer than
    56  necessary and no more than fifteen consecutive days or twenty total days

        S. 1623                             5
     1  within any sixty day period.   At  these  limits,  he  or  she  must  be
     2  released  from segregated confinement or diverted to a separate residen-
     3  tial rehabilitation unit. If placement  of  such  person  in  segregated
     4  confinement  would exceed the twenty-day limit and the department estab-
     5  lishes that the person committed an act defined in subparagraph (ii)  of
     6  paragraph  (j)  of this subdivision, the department may place the person
     7  in segregated confinement until admission  to  a  residential  rehabili-
     8  tation unit can be effectuated. Such admission to a residential rehabil-
     9  itation  unit  shall  occur  as expeditiously as possible and in no case
    10  take longer than forty-eight hours from the time such person  is  placed
    11  in segregated confinement.
    12    (i)  (i)  All  segregated  confinement  and residential rehabilitation
    13  units shall create the least restrictive environment necessary  for  the
    14  safety of incarcerated persons, staff, and the security of the facility.
    15    (ii)  Persons  in  segregated confinement shall be offered out-of-cell
    16  programming at least four hours per day, including at least one hour for
    17  recreation.  Persons admitted to residential rehabilitation units  shall
    18  be  offered  at least six hours of daily out-of-cell congregate program-
    19  ming, services, treatment, and/or meals, with an additional  minimum  of
    20  one  hour  for  recreation. Recreation in all residential rehabilitation
    21  units shall take place  in  a  congregate  setting,  unless  exceptional
    22  circumstances  mean doing so would create a significant and unreasonable
    23  risk to the safety and security of other incarcerated persons, staff, or
    24  the facility.
    25    (iii) No limitation on services, treatment, or  basic  needs  such  as
    26  clothing,  food and bedding shall be imposed as a form of punishment. If
    27  provision of any such services, treatment or basic needs to an  individ-
    28  ual  would  create a significant and unreasonable risk to the safety and
    29  security of incarcerated persons, staff, or the facility, such services,
    30  treatment or basic needs may be withheld  until  it  reasonably  appears
    31  that  the  risk  has ended.   The department shall not impose restricted
    32  diets or any other change in diet as a form of punishment. Persons in  a
    33  residential  rehabilitation  unit  shall  have  access  to  all of their
    34  personal property unless an individual determination is made that having
    35  a specific item would pose a significant and unreasonable  risk  to  the
    36  safety of incarcerated persons or staff or the security of the unit.
    37    (iv)  Upon admission to a residential rehabilitation unit, program and
    38  mental health staff shall administer assessments and develop an individ-
    39  ual rehabilitation plan in consultation with the  resident,  based  upon
    40  his  or  her  medical,  mental  health, and programming needs. Such plan
    41  shall identify specific goals and programs, treatment, and  services  to
    42  be offered, with projected time frames for completion and discharge from
    43  the residential rehabilitation unit.
    44    (v)  An incarcerated person in a residential rehabilitation unit shall
    45  have access to programs and work assignments comparable to core programs
    46  and work assignments in general population.  Such  incarcerated  persons
    47  shall also have access to additional out-of-cell, trauma-informed thera-
    48  peutic  programming  aimed at promoting personal development, addressing
    49  underlying causes of problematic behavior resulting in  placement  in  a
    50  residential  rehabilitation unit, and helping prepare for discharge from
    51  the unit and to the community.
    52    (vi) If the department establishes that  a  person  committed  an  act
    53  defined  in subparagraph (ii) of paragraph (j) of this subdivision while
    54  in segregated confinement or a residential rehabilitation unit and poses
    55  a significant and unreasonable risk to the safety and security of  other
    56  incarcerated persons or staff, the department may restrict such person's

        S. 1623                             6
     1  participation in programming and out-of-cell activities as necessary for
     2  the safety of other incarcerated persons and staff. If such restrictions
     3  are imposed, the department must provide at least four hours out-of-cell
     4  time  daily, including at least two hours of therapeutic programming and
     5  two hours of recreation, and must make reasonable efforts  to  reinstate
     6  access  to  programming  as  soon  as  possible.  In  no  case  may such
     7  restrictions extend beyond fifteen days unless the person commits a  new
     8  act  defined herein justifying restrictions on program access, or if the
     9  commissioner and, when appropriate, the commissioner  of  mental  health
    10  personally  reasonably  determine that the person poses an extraordinary
    11  and unacceptable risk of imminent harm to  the  safety  or  security  of
    12  incarcerated  persons  or staff.   Any extension of program restrictions
    13  beyond fifteen days must be meaningfully reviewed and approved at  least
    14  every  fifteen  days  by  the commissioner and, when appropriate, by the
    15  commissioner of mental health. Each review must consider the  impact  of
    16  therapeutic  programming  provided  during the fifteen-day period on the
    17  person's risk of imminent harm and the commissioner must  articulate  in
    18  writing,  with  a copy provided to the incarcerated person, the specific
    19  reason why the person currently poses an extraordinary and  unacceptable
    20  risk  of imminent harm to the safety or security of incarcerated persons
    21  or staff. In no case may restrictions imposed by the commissioner extend
    22  beyond ninety days unless the person commits a new  act  defined  herein
    23  justifying restrictions on program access.
    24    (vii)  Restraints  shall  not  be  used  when incarcerated persons are
    25  participating in out-of-cell activities within a  residential  rehabili-
    26  tation  unit unless an individual assessment is made that restraints are
    27  required because of a significant and unreasonable risk  to  the  safety
    28  and security of other incarcerated persons or staff.
    29    (j)  (i)  The  department may place a person in segregated confinement
    30  for up to three consecutive days and no longer  than  six  days  in  any
    31  thirty  day period if, pursuant to an evidentiary hearing, it determines
    32  that the person violated department rules  which  permit  a  penalty  of
    33  segregated  confinement. The department may not place a person in segre-
    34  gated confinement for longer than three consecutive  days  or  six  days
    35  total  in a thirty day period unless the provisions of subparagraph (ii)
    36  of this paragraph are met.
    37    (ii) The department may  place  a  person  in  segregated  confinement
    38  beyond the limits of subparagraph (i) of this paragraph or in a residen-
    39  tial rehabilitation unit only if, pursuant to an evidentiary hearing, it
    40  determines  by  written  decision  that  the person committed one of the
    41  following acts and if the commissioner or his or her designee determines
    42  in writing based on specific objective criteria the acts were so heinous
    43  or destructive that placement of the individual  in  general  population
    44  housing  creates  a significant risk of imminent serious physical injury
    45  to staff or other incarcerated persons, and creates an unreasonable risk
    46  to the security of the facility:
    47    (A) causing or attempting to cause serious physical injury or death to
    48  another person or making an imminent threat  of  such  serious  physical
    49  injury  or  death  if  the person has a history of causing such physical
    50  injury or death and the commissioner and, when appropriate, the  commis-
    51  sioner  of  mental  health  or their designees reasonably determine that
    52  there is a strong likelihood that the person will carry out such threat.
    53  The commissioner of mental health  or  his  or  her  designee  shall  be
    54  involved  in  such  determination  if  the  person is or has been on the
    55  mental health caseload or appears to require psychiatric attention.  The

        S. 1623                             7
     1  department and the office of mental health shall  promulgate  rules  and
     2  regulations pertaining to this clause;
     3    (B)  compelling  or  attempting  to compel another person, by force or
     4  threat of force, to engage in a sexual act;
     5    (C) extorting another, by force or threat of force,  for  property  or
     6  money;
     7    (D)  coercing  another,  by  force  or threat of force, to violate any
     8  rule;
     9    (E) leading, organizing, inciting, or  attempting  to  cause  a  riot,
    10  insurrection, or other similarly serious disturbance that results in the
    11  taking  of a hostage, major property damage, or physical harm to another
    12  person;
    13    (F) procuring deadly weapons or other dangerous contraband that  poses
    14  a serious threat to the security of the institution; or
    15    (G)  escaping,  attempting  to escape or facilitating an escape from a
    16  facility or escaping or attempting to  escape  while  under  supervision
    17  outside such facility.
    18    For  purposes  of this section, attempting to cause a serious disturb-
    19  ance or to escape shall only be determined to have occurred if there  is
    20  a  clear  finding  that  the  inmate  had  the intent to cause a serious
    21  disturbance or the intent to escape and had completed  significant  acts
    22  in  the  advancement  of  the attempt to create a serious disturbance or
    23  escape. Evidence of withdrawal or abandonment of a plan to cause a seri-
    24  ous disturbance or to escape shall negate a finding of intent.
    25    (iii) No person may be placed in segregated confinement or a  residen-
    26  tial  rehabilitation  unit  based  on  the same act or incident that was
    27  previously used as the basis for such placement.
    28    (iv) No person may be held in segregated  confinement  for  protective
    29  custody.  Any  unit  used  for  protective  custody  must, at a minimum,
    30  conform to requirements governing residential rehabilitation units.
    31    (k) All hearings to determine if a person may be placed in  segregated
    32  confinement  shall  occur  prior  to placement in segregated confinement
    33  unless a security supervisor, with written approval of a facility super-
    34  intendent or designee, reasonably believes the person fits the specified
    35  criteria for segregated confinement in subparagraph  (ii)  of  paragraph
    36  (j)  of  this  subdivision.  If  a  hearing does not take place prior to
    37  placement, it shall occur as soon as reasonably practicable and at  most
    38  within  five  days  of  such placement unless the charged person seeks a
    39  postponement of the hearing. Persons at such hearings shall be permitted
    40  to be represented by any attorney or law student, or by any paralegal or
    41  incarcerated person unless the department reasonably disapproves of such
    42  paralegal or incarcerated person based upon objective  written  criteria
    43  developed by the department.
    44    (l)  (i)  Any  sanction  imposed  on  an incarcerated person requiring
    45  segregated confinement shall run while the person is  in  a  residential
    46  rehabilitation  unit  and  the  person shall be discharged from the unit
    47  before or at the time such sanction expires. If  a  person  successfully
    48  completes  his  or  her rehabilitation plan before the sanction expires,
    49  the person shall have a right to be discharged from the unit  upon  such
    50  completion.
    51    (ii) If an incarcerated person has not been discharged from a residen-
    52  tial  rehabilitation unit within one year of initial admission to such a
    53  unit or is within sixty days of a fixed or tentatively approved date for
    54  release from a correctional facility, he or she shall have a right to be
    55  discharged from the unit unless he or she committed  an  act  listed  in
    56  subparagraph  (ii) of paragraph (j) of this subdivision within the prior

        S. 1623                             8
     1  one hundred eighty days and he or she poses a significant and  unreason-
     2  able risk to the safety or security of incarcerated persons or staff. In
     3  any  such  case the decision not to discharge such person shall be imme-
     4  diately  and  automatically  subjected  to  an independent review by the
     5  commissioner and the commissioner of mental health or their designees. A
     6  person may remain in a residential rehabilitation unit beyond  the  time
     7  limits  provided  in this section if both commissioners or both of their
     8  designees approve  this  decision.  In  extraordinary  circumstances,  a
     9  person who has not committed an act listed in subparagraph (ii) of para-
    10  graph  (j) of this subdivision within the prior one hundred eighty days,
    11  may remain in a residential rehabilitation unit beyond the  time  limits
    12  provided  in  this section if both the commissioner and the commissioner
    13  of mental health personally determine  that  such  individual  poses  an
    14  extraordinary  and  unacceptable  risk of imminent harm to the safety or
    15  security of incarcerated persons or staff.
    16    (iii) There shall be a meaningful periodic review  of  the  status  of
    17  each  incarcerated  person in a residential rehabilitation unit at least
    18  every sixty days to assess the person's progress and  determine  if  the
    19  person  should  be  discharged  from  the  unit. Following such periodic
    20  review, if the person is not  discharged  from  the  unit,  program  and
    21  mental  health staff shall specify in writing the reasons for the deter-
    22  mination and the program, treatment, service, and/or  corrective  action
    23  required before discharge. The incarcerated person shall be given access
    24  to  the  programs,  treatment  and  services specified, and shall have a
    25  right to be discharged from the residential rehabilitation unit upon the
    26  successful fulfillment of such requirements.
    27    (iv) When an incarcerated person  is  discharged  from  a  residential
    28  rehabilitation  unit,  any  remaining  time  to  serve on any underlying
    29  disciplinary sanction shall be  dismissed.  If  an  incarcerated  person
    30  substantially  completes his or her rehabilitation plan, he or she shall
    31  have any associated loss of good time restored upon discharge  from  the
    32  unit.
    33    (m)  All special housing unit, keeplock unit and residential rehabili-
    34  tation unit staff and their supervisors shall undergo a minimum of thir-
    35  ty-seven hours and thirty minutes of training  prior  to  assignment  to
    36  such  unit,  and twenty-one hours of additional training annually there-
    37  after, on substantive content developed in  consultation  with  relevant
    38  experts,  on topics including, but not limited to, the purpose and goals
    39  of  the  non-punitive  therapeutic  environment,  trauma-informed  care,
    40  restorative  justice, and dispute resolution methods. Prior to presiding
    41  over any hearings, all hearing officers shall undergo a minimum of thir-
    42  ty-seven hours and thirty minutes of training, with one  additional  day
    43  of  training  annually thereafter, on relevant topics, including but not
    44  limited  to,  the  physical  and  psychological  effects  of  segregated
    45  confinement,  procedural  and  due  process  rights  of the accused, and
    46  restorative justice remedies.
    47    (n) The department shall publish monthly reports on its website,  with
    48  semi-annual and annual cumulative reports, of the total number of people
    49  who are in segregated confinement and the total number of people who are
    50  in  residential rehabilitation units on the first day of each month. The
    51  reports shall provide a breakdown of the number of people in  segregated
    52  confinement  and  in  residential rehabilitation units by: (i) age; (ii)
    53  race; (iii) gender; (iv) mental  health  treatment  level;  (v)  special
    54  health  accommodations  or  needs;  (vi)  need  for and participation in
    55  substance abuse programs;  (vii)  pregnancy  status;  (viii)  continuous
    56  length  of stay in residential treatment units as well as length of stay

        S. 1623                             9
     1  in the past sixty days; (ix) number of days in  segregated  confinement;
     2  (x)  a  list  of  all  incidents  resulting  in  sanctions of segregated
     3  confinement by facility and date  of  occurrence;  (xi)  the  number  of
     4  incarcerated  persons  in  segregated confinement by facility; and (xii)
     5  the number of incarcerated persons in residential  rehabilitation  units
     6  by facility.
     7    §  6.  Section  138  of  the correction law is amended by adding a new
     8  subdivision 7 to read as follows:
     9    7. De-escalation, intervention, informational reports, and  the  with-
    10  drawal  of  incentives  shall  be the preferred methods of responding to
    11  misbehavior  unless  the  department  determines  that  non-disciplinary
    12  interventions  have failed, or that non-disciplinary interventions would
    13  not succeed and the misbehavior involved an act listed  in  subparagraph
    14  (ii)  of paragraph (j) of subdivision six of section one hundred thirty-
    15  seven of this article, in which case, as a last resort,  the  department
    16  shall  have the authority to issue misbehavior reports, pursue discipli-
    17  nary charges, or impose new or additional segregated  confinement  sanc-
    18  tions.
    19    § 7. Subdivision 1 of section 401 of the correction law, as amended by
    20  chapter 1 of the laws of 2008, is amended to read as follows:
    21    1.    The commissioner, in cooperation with the commissioner of mental
    22  health, shall establish programs, including but not limited to  residen-
    23  tial  mental  health treatment units, in such correctional facilities as
    24  he or she may deem appropriate for the treatment of mentally ill inmates
    25  confined in state correctional facilities who are in need of psychiatric
    26  services but who do not require hospitalization  for  the  treatment  of
    27  mental illness. Inmates with serious mental illness shall receive thera-
    28  py  and  programming  in settings that are appropriate to their clinical
    29  needs while maintaining the safety and security of the facility.
    30    The conditions and services provided in the residential mental  health
    31  treatment units shall be at least comparable to those in all residential
    32  rehabilitation  units, and all residential mental health treatment units
    33  shall be in compliance with all provisions of paragraphs (h), (i),  (j),
    34  and  (k)  of subdivision six of section one hundred thirty-seven of this
    35  chapter. Residential mental health treatment units that are either resi-
    36  dential mental health unit models or behavioral health unit models shall
    37  also be in compliance with all provisions of paragraph (l)  of  subdivi-
    38  sion six of section one hundred thirty-seven of this chapter.
    39    The  residential  mental health treatment units shall also provide the
    40  additional mental health treatment, services, and programming delineated
    41  in this section. The administration and  operation  of  programs  estab-
    42  lished pursuant to this section shall be the joint responsibility of the
    43  commissioner  of  mental  health  and the commissioner. The professional
    44  mental health care  personnel,  and  their  administrative  and  support
    45  staff,  for  such  programs  shall  be employees of the office of mental
    46  health. All other personnel shall be employees of the department.
    47    § 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401
    48  of the correction law, as added by chapter 1 of the  laws  of  2008,  is
    49  amended to read as follows:
    50    (i)  In  exceptional  circumstances, a mental health clinician, or the
    51  highest ranking facility security  supervisor  in  consultation  with  a
    52  mental  health  clinician  who has interviewed the inmate, may determine
    53  that an inmate's access to out-of-cell  therapeutic  programming  and/or
    54  mental  health  treatment  in a residential mental health treatment unit
    55  presents an unacceptable risk to the safety of inmates  or  staff.  Such
    56  determination  shall  be  documented in writing and such inmate shall be

        S. 1623                            10
     1  removed to a residential rehabilitation unit that is not  a  residential
     2  mental  health  treatment unit where alternative mental health treatment
     3  and/or other therapeutic programming, as determined by a  mental  health
     4  clinician, shall be provided.
     5    §  9.  Subdivision 5 of section 401 of the correction law, as added by
     6  chapter 1 of the laws of 2008, is amended to read as follows:
     7    5. (a) An inmate in a residential mental health treatment  unit  shall
     8  not  be  sanctioned  with  segregated  confinement for misconduct on the
     9  unit, or removed from the unit and placed in segregated confinement or a
    10  residential rehabilitation unit,  except  in  exceptional  circumstances
    11  where such inmate's conduct poses a significant and unreasonable risk to
    12  the  safety  of inmates or staff, or to the security of the facility and
    13  he or she has been found to have committed an act  or  acts  defined  in
    14  subparagraph  (ii)  of  paragraph  (j) of subdivision six of section one
    15  hundred thirty-seven of this chapter.  Further, in the event that such a
    16  sanction is imposed, an inmate shall not be required  to  begin  serving
    17  such sanction until the reviews required by paragraph (b) of this subdi-
    18  vision  have  been  completed;  provided,  however that in extraordinary
    19  circumstances where an inmate's conduct poses an immediate  unacceptable
    20  threat  to  the  safety  of  inmates or staff, or to the security of the
    21  facility an inmate may be immediately moved to [segregated  confinement]
    22  a  residential rehabilitation unit.  The determination that an immediate
    23  transfer to [segregated confinement] a residential  rehabilitation  unit
    24  is  necessary  shall  be  made  by the highest ranking facility security
    25  supervisor in consultation with a mental health clinician.
    26    (b) The joint case management committee shall review any  disciplinary
    27  disposition  imposing  a  sanction of segregated confinement at its next
    28  scheduled meeting. Such review shall  take  into  account  the  inmate's
    29  mental  condition  and  safety  and  security  concerns.  The joint case
    30  management committee may only thereafter recommend the  removal  of  the
    31  inmate  in  exceptional circumstances where the inmate commits an act or
    32  acts defined in subparagraph (ii) of paragraph (j) of subdivision six of
    33  section one hundred thirty-seven of this chapter and poses a significant
    34  and unreasonable risk to the safety of inmates or staff or to the  secu-
    35  rity of the facility. In the event that the inmate was immediately moved
    36  to  segregated  confinement,  the  joint  case  management committee may
    37  recommend that the inmate continue to serve such sanction only in excep-
    38  tional circumstances where the inmate commits an act or acts defined  in
    39  subparagraph  (ii)  of  paragraph  (j) of subdivision six of section one
    40  hundred thirty-seven of this chapter and poses a significant and  unrea-
    41  sonable risk to the safety of inmates or staff or to the security of the
    42  facility.  If  a  determination  is  made  that  the inmate shall not be
    43  required to serve all or any part of the  segregated  confinement  sanc-
    44  tion,  the  joint case management committee may instead recommend that a
    45  less restrictive sanction should be imposed. The recommendations made by
    46  the joint case management committee under this paragraph shall be  docu-
    47  mented  in  writing and referred to the superintendent for review and if
    48  the superintendent disagrees, the matter shall be referred to the  joint
    49  central  office review committee for a final determination. The adminis-
    50  trative process described in this paragraph shall  be  completed  within
    51  fourteen  days.  If the result of such process is that an inmate who was
    52  immediately transferred to [segregated confinement] a residential  reha-
    53  bilitation  unit  should  be  removed from [segregated confinement] such
    54  unit, such removal shall occur as soon as practicable, and in  no  event
    55  longer  than seventy-two hours from the completion of the administrative
    56  process.

        S. 1623                            11
     1    § 10. Subdivision 6 of section 401 of the correction law,  as  amended
     2  by chapter 20 of the laws of 2016, is amended to read as follows:
     3    6.  The department shall ensure that the curriculum for new correction
     4  officers, and other new department staff  who  will  regularly  work  in
     5  programs providing mental health treatment for inmates, shall include at
     6  least  eight  hours  of  training about the types and symptoms of mental
     7  illnesses, the goals of  mental  health  treatment,  the  prevention  of
     8  suicide  and  training  in  how to effectively and safely manage inmates
     9  with mental illness. Such training may be  provided  by  the  office  of
    10  mental  health  or  the justice center for the protection of people with
    11  special needs. All department staff who are transferring into a residen-
    12  tial mental health treatment unit shall receive a minimum of eight addi-
    13  tional hours of such training, and eight hours  of  annual  training  as
    14  long as they work in such a unit. All security, program services, mental
    15  health and medical staff with direct inmate contact shall receive train-
    16  ing  each  year  regarding identification of, and care for, inmates with
    17  mental illnesses. The department shall provide  additional  training  on
    18  these  topics  on  an  ongoing basis as it deems appropriate.  All staff
    19  working in a residential mental health treatment unit shall also receive
    20  all training mandated in paragraph (m) of subdivision six of section one
    21  hundred thirty-seven of this chapter.
    22    § 11. Section 401-a of the correction law is amended by adding  a  new
    23  subdivision 4 to read as follows:
    24    4.  The  justice  center shall assess the department's compliance with
    25  the provisions of  sections  two,  one  hundred  thirty-seven,  and  one
    26  hundred  thirty-eight of this chapter relating to segregated confinement
    27  and residential rehabilitation units and shall issue a public report, no
    28  less than annually, with recommendations to the department and  legisla-
    29  ture,  regarding  all  aspects of segregated confinement and residential
    30  rehabilitation units in state correctional facilities including but  not
    31  limited  to  policies and practices concerning: (a) placement of persons
    32  in segregated confinement  and  residential  rehabilitation  units;  (b)
    33  special  populations;  (c) length of time spent in such units; (d) hear-
    34  ings and procedures; (e) programs, treatment and conditions of  confine-
    35  ment in such units; and (f) assessments and rehabilitation plans, proce-
    36  dures and discharge determinations.
    37    §  12.  Section  45  of  the correction law is amended by adding a new
    38  subdivision 18 to read as follows:
    39    18. Assess compliance of local correctional facilities with the  terms
    40  of  paragraphs  (g), (h), (i), (j), (k), (l), (m) and (n) of subdivision
    41  six of section one hundred thirty-seven of this chapter. The  commission
    42  shall issue a public report regarding all aspects of segregated confine-
    43  ment  and residential rehabilitation units at least annually with recom-
    44  mendations to local correctional facilities, the governor, the  legisla-
    45  ture, including but not limited to policies and practices regarding: (a)
    46  placement  of persons; (b) special populations; (c) length of time spent
    47  in segregated confinement and residential treatment units; (d)  hearings
    48  and procedures; (e) conditions, programs, services, care, and treatment;
    49  and (f) assessments, rehabilitation plans, and discharge procedures.
    50    §  13. Section 500-k of the correction law, as amended by chapter 2 of
    51  the laws of 2008, is amended to read as follows:
    52    § 500-k. Treatment of inmates. 1. Subdivisions five and six of section
    53  one hundred thirty-seven of this chapter, except paragraphs (d) and  (e)
    54  of subdivision six of such section, relating to the treatment of inmates
    55  in  state  correctional facilities are applicable to inmates confined in
    56  county jails; except that the report required by paragraph (f) of subdi-

        S. 1623                            12
     1  vision six of such section shall be  made  to  a  person  designated  to
     2  receive such report in the rules and regulations of the state commission
     3  of  correction,  or in any county or city where there is a department of
     4  correction, to the head of such department.
     5    2.  Notwithstanding any other section of law to the contrary, subdivi-
     6  sion thirty-three of section two of this chapter, and subparagraphs (i),
     7  (iv) and (v) of paragraph (i) and subparagraph (ii) of paragraph (l)  of
     8  subdivision  six  of  section  one  hundred thirty-seven of this chapter
     9  shall not apply to local correctional facilities with a  total  combined
    10  capacity of five hundred inmates or fewer.
    11    § 14. This act shall take effect one year after it shall have become a
    12  law.
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