Bill Text: NY S00886 | 2025-2026 | General Assembly | Introduced

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Bill Title: Relates to establishing minimum rules for the treatment of incarcerated individuals; provides that the United Nations standard minimum rules for the treatment of prisoners, also known as the Nelson Mandela rules, are hereby incorporated by reference.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2025-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S00886 Detail]

Download: New_York-2025-S00886-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           886

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        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 establishing  minimum
          rules for the treatment of incarcerated individuals

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

     1    Section 1. The correction law is amended by adding a new  section  123
     2  to read as follows:
     3    § 123. Minimum rules for the treatment of incarcerated individuals. 1.
     4  Subject  to constitutional and federal law but notwithstanding any other
     5  section of law, the United Nations standard minimum rules for the treat-
     6  ment of prisoners, also known as the Nelson Mandela  rules,  are  hereby
     7  incorporated  by reference into this chapter, including, but not limited
     8  to:
     9    (a) a prohibition against prolonged confinement of more  than  fifteen
    10  days  in segregated confinement, administrative segregation or any other
    11  form of solitary confinement or social isolation;
    12    (b) community standards for medical and dental care, and  a  duty  for
    13  medical  professionals  to report when they notice mistreatment or abuse
    14  of an incarcerated individual;
    15    (c)  the  right  of  incarcerated  individuals  to  make  confidential
    16  complaints  to  superintendents and central office staff without fear of
    17  retaliation or intimidation;
    18    (d) the right to be placed whenever feasible in a correctional facili-
    19  ty close to a person's home  or  to  the  community  where  such  person
    20  expects to be released;
    21    (e) the right to in-person visits contingent upon the visitor's agree-
    22  ment to be searched if necessary for security purposes;
    23    (f) the right to effective legal aid;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02261-01-5
        S. 886                              2

     1    (g) adequate and on-going training for staff;
     2    (h)  oversight  by  an independent agency with right of entry into any
     3  correctional institution at any time, full access to all records and the
     4  ability to interview both staff and incarcerated individuals at will;
     5    (i) the right to vocational, educational and  rehabilitative  programs
     6  as well as re-entry programs and services;
     7    (j) the right to individualized programs of treatment, including indi-
     8  vidual  mental  health  therapy and counseling, based on an individual's
     9  needs, capacity and disposition;
    10    (k) equitable remuneration for work and program assignments; and
    11    (l) protection from cruel, inhumane and degrading treatment or punish-
    12  ment by correctional staff.
    13    2. The department shall promulgate rules and regulations in accordance
    14  with this section.
    15    § 2. This act shall take effect one year after it shall have become  a
    16  law.