Bill Text: NY S02656 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to segregated confinement; provides that certain incarcerated individuals shall not be placed in a residential rehabilitation unit; makes related provisions.
Spectrum: Partisan Bill (Republican 15-0)
Status: (Introduced) 2025-01-22 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S02656 Detail]
Download: New_York-2025-S02656-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2656 2025-2026 Regular Sessions IN SENATE January 22, 2025 ___________ Introduced by Sens. STEC, BORRELLO, CANZONERI-FITZPATRICK, GALLIVAN, HELMING, MATTERA, OBERACKER, O'MARA, ORTT, PALUMBO, RHOADS, TEDISCO, WALCZYK, WEBER, WEIK -- 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 confinement; and to repeal certain provisions of such law relating thereto 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 sepa- 2 rately amended by chapters 93 and 322 of the laws of 2021, is amended to 3 read as follows: 4 23. "Segregated confinement" means the disciplinary confinement of an 5 incarcerated individual in [any form of cell confinement for more than6seventeen hours a day other than in a facility-wide emergency or for the7purpose of providing medical or mental health treatment. Cell confine-8ment that is implemented due to medical or mental health treatment shall9be within a clinical area in the correctional facility or in as close10proximity to a medical or mental health unit as possible] a special 11 housing unit or in a separate keeplock housing unit. Special housing 12 units and separate keeplock units are housing units that consist of 13 cells grouped so as to provide separation from the general population, 14 and may be used to house incarcerated individuals confined pursuant to 15 the disciplinary procedures described in regulations. 16 § 2. Subdivisions 33 and 34 of section 2 of the correction law are 17 REPEALED. 18 § 3. Paragraph (a) of subdivision 6 of section 137 of the correction 19 law, as separately amended by chapters 93 and 322 of the laws of 2021, 20 is amended to read as follows: 21 (a) The incarcerated individual shall be supplied with a sufficient 22 quantity of wholesome and nutritious food, provided, however, that such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03758-01-5S. 2656 2 1 food need not be the same as the food supplied to incarcerated individ- 2 uals who are participating in programs of the facility; 3 § 4. Paragraph (d) of subdivision 6 of section 137 of the correction 4 law, as separately amended by chapters 93 and 322 of the laws of 2021, 5 clauses (A) and (E) of subparagraph (ii) as separately amended by 6 section 1 and subparagraph (iv) as separately amended by section 2 of 7 part NNN of chapter 59 of the laws of 2021, is amended to read as 8 follows: 9 (d) (i) Except as set forth in clause (E) of subparagraph (ii) of this 10 paragraph, the department, in consultation with mental health clini- 11 cians, shall divert or remove incarcerated individuals with serious 12 mental illness, as defined in paragraph (e) of this subdivision, from 13 segregated confinement [or confinement in a residential rehabilitation14unit], where such confinement could potentially be for a period in 15 excess of thirty days, to a residential mental health treatment unit. 16 Nothing in this paragraph shall be deemed to prevent the disciplinary 17 process from proceeding in accordance with department rules and regu- 18 lations for disciplinary hearings. 19 (ii) (A) Upon placement of an incarcerated individual into segregated 20 confinement [or a residential rehabilitation unit] at a level one or 21 level two facility, a suicide prevention screening instrument shall be 22 administered by staff from the department or the office of mental health 23 who has been trained for that purpose. If such a screening instrument 24 reveals that the incarcerated individual is at risk of suicide, a mental 25 health clinician shall be consulted and appropriate safety precautions 26 shall be taken. Additionally, within one business day of the placement 27 of such an incarcerated individual into segregated confinement at a 28 level one or level two facility [or a residential rehabilitation unit], 29 the incarcerated individual shall be assessed by a mental health clini- 30 cian. 31 (B) Upon placement of an incarcerated individual into segregated 32 confinement [or a residential rehabilitation unit] at a level three or 33 level four facility, a suicide prevention screening instrument shall be 34 administered by staff from the department or the office of mental health 35 who has been trained for that purpose. If such a screening instrument 36 reveals that the incarcerated individual is at risk of suicide, a mental 37 health clinician shall be consulted and appropriate safety precautions 38 shall be taken. All incarcerated individuals placed in segregated 39 confinement [or a residential rehabilitation unit] at a level three or 40 level four facility shall be assessed by a mental health clinician, 41 within [seven] fourteen days of such placement into segregated confine- 42 ment. 43 (C) At the initial assessment, if the mental health clinician finds 44 that an incarcerated individual suffers from a serious mental illness, 45 [that person shall be diverted or removed from segregated confinement or46a residential rehabilitation unit and] a recommendation shall be made 47 whether exceptional circumstances, as described in clause (E) of this 48 subparagraph, exist. In a facility with a joint case management commit- 49 tee, such recommendation shall be made by such committee. In a facility 50 without a joint case management committee, the recommendation shall be 51 made jointly by a committee consisting of the facility's highest ranking 52 mental health clinician, the deputy superintendent for security, and the 53 deputy superintendent for program services, or their equivalents. Any 54 such recommendation shall be reviewed by the joint central office review 55 committee. The administrative process described in this clause shall be 56 completed within [seven] fourteen days of the initial assessment, and ifS. 2656 3 1 the result of such process is that the incarcerated individual should be 2 removed from segregated confinement [or a residential rehabilitation3unit], such removal shall occur as soon as practicable, but in no event 4 more than seventy-two hours from the completion of the administrative 5 process. [Pursuant to paragraph (h) of this subdivision, nothing in this6section shall permit the placement of an incarcerated person with seri-7ous mental illness into segregated confinement at any time, even for the8purposes of assessment.] 9 (D) If an incarcerated individual with a serious mental illness is not 10 diverted or removed to a residential mental health treatment unit, such 11 incarcerated individual shall be [diverted to a residential rehabili-12tation unit and] reassessed by a mental health clinician within fourteen 13 days of the initial assessment and at least once every fourteen days 14 thereafter. After each such additional assessment, a recommendation as 15 to whether such incarcerated individual should be removed from [a resi-16dential rehabilitation unit] segregated confinement shall be made and 17 reviewed according to the process set forth in clause (C) of this 18 subparagraph. 19 (E) A recommendation or determination whether to remove an incarcerat- 20 ed individual from segregated confinement [or a residential rehabili-21tation unit] shall take into account the assessing mental health clini- 22 cians' opinions as to the incarcerated individual's mental condition and 23 treatment needs, and shall also take into account any safety and securi- 24 ty concerns that would be posed by the incarcerated individual's 25 removal, even if additional restrictions were placed on the incarcerated 26 individual's access to treatment, property, services or privileges in a 27 residential mental health treatment unit. A recommendation or determi- 28 nation shall direct the incarcerated individual's removal from segre- 29 gated confinement [or a residential rehabilitation unit] except in the 30 following exceptional circumstances: (1) when the reviewer finds that 31 removal would pose a substantial risk to the safety of the incarcerated 32 individual or other persons, or a substantial threat to the security of 33 the facility, even if additional restrictions were placed on the incar- 34 cerated individual's access to treatment, property, services or privi- 35 leges in a residential mental health treatment unit; or (2) when the 36 assessing mental health clinician determines that such placement is in 37 the incarcerated individual's best interests based on [his or her] their 38 mental condition and that removing such incarcerated individual to a 39 residential mental health treatment unit would be detrimental to [his or40her] their mental condition. Any determination not to remove an incar- 41 cerated individual with serious mental illness from [a residential reha-42bilitation unit] segregated confinement shall be documented in writing 43 and include the reasons for the determination. 44 (iii) Incarcerated individuals with serious mental illness who are not 45 diverted or removed from [a residential rehabilitation unit] segregated 46 confinement shall be offered a heightened level of [mental health] care, 47 involving a minimum of [three] two hours [daily] each day, five days a 48 week, of out-of-cell therapeutic treatment and programming. This 49 heightened level of care shall not be offered only in the following 50 circumstances: 51 (A) The heightened level of care shall not apply when an incarcerated 52 individual with serious mental illness does not, in the reasonable judg- 53 ment of a mental health clinician, require the heightened level of care. 54 Such determination shall be documented with a written statement of the 55 basis of such determination and shall be reviewed by the Central New 56 York Psychiatric Center clinical director or [his or her] their desig-S. 2656 4 1 nee. Such a determination is subject to change should the incarcerated 2 individual's clinical status change. Such determination shall be 3 reviewed and documented by a mental health clinician every thirty days, 4 and in consultation with the Central New York Psychiatric Center clin- 5 ical director or [his or her] their designee not less than every ninety 6 days. 7 (B) The heightened level of care shall not apply in exceptional 8 circumstances when providing such care would create an unacceptable risk 9 to the safety and security of incarcerated individuals or staff. Such 10 determination shall be documented by security personnel together with 11 the basis of such determination and shall be reviewed by the facility 12 superintendent, in consultation with a mental health clinician, not less 13 than every seven days for as long as the incarcerated individual remains 14 in [a residential rehabilitation unit] segregated confinement. The 15 facility shall attempt to resolve such exceptional circumstances so that 16 the heightened level of care may be provided. If such exceptional 17 circumstances remain unresolved for thirty days, the matter shall be 18 referred to the joint central office review committee for review. 19 (iv) Incarcerated individuals with serious mental illness who are not 20 diverted or removed from segregated confinement shall not be placed on a 21 restricted diet, unless there has been a written determination that the 22 restricted diet is necessary for reasons of safety and security. If a 23 restricted diet is imposed, it shall be limited to seven days, except in 24 the exceptional circumstances where the joint case management committee 25 determines that limiting the restricted diet to seven days would pose an 26 unacceptable risk to the safety and security of incarcerated individuals 27 or staff. In such case, the need for a restricted diet shall be reas- 28 sessed by the joint case management committee every seven days. 29 (v) All incarcerated individuals in segregated confinement in a level 30 one or level two facility [or a residential rehabilitation unit] who are 31 not assessed with a serious mental illness at the initial assessment 32 shall be offered at least one interview with a mental health clinician 33 within [seven] fourteen days of their initial mental health assessment, 34 and additional interviews at least every thirty days thereafter, unless 35 the mental health clinician at the most recent interview recommends an 36 earlier interview or assessment. All incarcerated individuals in [a37residential rehabilitation unit] segregated confinement in a level three 38 or level four facility who are not assessed with a serious mental 39 illness at the initial assessment shall be offered at least one inter- 40 view with a mental health clinician within thirty days of their initial 41 mental health assessment, and additional interviews at least every nine- 42 ty days thereafter, unless the mental health clinician at the most 43 recent interview recommends an earlier interview or assessment. 44 § 5. Paragraphs (h), (i), (j), (k), (l), (m), (n) and (o) of subdivi- 45 sion 6 of section 137 of the correction law are REPEALED. 46 § 6. Subdivision 7 of section 138 of the correction law is REPEALED. 47 § 7. Subdivision 1 of section 401 of the correction law, as separately 48 amended by chapters 93 and 322 of the laws of 2021, is amended to read 49 as follows: 50 1. The commissioner, in cooperation with the commissioner of mental 51 health, shall establish programs, including but not limited to residen- 52 tial mental health treatment units, in such correctional facilities as 53 [he or she] the commissioner may deem appropriate for the treatment of 54 mentally ill incarcerated individuals confined in state correctional 55 facilities who are in need of psychiatric services but who do not 56 require hospitalization for the treatment of mental illness. Incarcerat-S. 2656 5 1 ed individuals with serious mental illness shall receive therapy and 2 programming in settings that are appropriate to their clinical needs 3 while maintaining the safety and security of the facility. 4 [The conditions and services provided in the residential mental health5treatment units shall be at least comparable to those in all residential6rehabilitation units, and all residential mental health treatment units7shall be in compliance with all provisions of paragraphs (i), (j), (k),8and (l) of subdivision six of section one hundred thirty-seven of this9chapter. Residential mental health treatment units that are either resi-10dential mental health unit models or behavioral health unit models shall11also be in compliance with all provisions of paragraph (m) of subdivi-12sion six of section one hundred thirty-seven of this chapter.13The residential mental health treatment units shall also provide the14additional mental health treatment, services, and programming delineated15in this section.] The administration and operation of programs estab- 16 lished pursuant to this section shall be the joint responsibility of the 17 commissioner of mental health and the commissioner. The professional 18 mental health care personnel, and their administrative and support 19 staff, for such programs shall be employees of the office of mental 20 health. All other personnel shall be employees of the department. 21 § 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401 22 of the correction law, as amended by chapter 486 of the laws of 2022, is 23 amended to read as follows: 24 (i) In exceptional circumstances, a mental health clinician, or the 25 highest ranking facility security supervisor in consultation with a 26 mental health clinician who has interviewed the incarcerated individual, 27 may determine that an incarcerated individual's access to out-of-cell 28 therapeutic programming and/or mental health treatment in a residential 29 mental health treatment unit presents an unacceptable risk to the safety 30 of incarcerated individuals or staff. Such determination shall be docu- 31 mented in writing and [such incarcerated individual may be removed to a32residential rehabilitation unit that is not a residential mental health33treatment unit] where alternative mental health treatment and/or other 34 therapeutic programming, as determined by a mental health clinician, 35 shall be provided. 36 § 9. Subdivision 5 of section 401 of the correction law, as separately 37 amended by chapters 93 and 322 of the laws of 2021, is amended to read 38 as follows: 39 5. (a) An incarcerated individual in a residential mental health 40 treatment unit shall not be sanctioned with segregated confinement for 41 misconduct on the unit, or removed from the unit and placed in segre- 42 gated confinement [or a residential rehabilitation unit], except in 43 exceptional circumstances where such incarcerated individual's conduct 44 poses a significant and unreasonable risk to the safety of incarcerated 45 individuals or staff, or to the security of the facility [and he or she46has been found to have committed an act or acts defined in subparagraph47(ii) of paragraph (k) of subdivision six of section one hundred thirty-48seven of this chapter]. Further, in the event that such a sanction is 49 imposed, an incarcerated individual shall not be required to begin serv- 50 ing such sanction until the reviews required by paragraph (b) of this 51 subdivision have been completed; provided, however that in extraordinary 52 circumstances where an incarcerated individual's conduct poses an imme- 53 diate unacceptable threat to the safety of incarcerated individuals or 54 staff, or to the security of the facility an incarcerated individual may 55 be immediately moved to [a residential rehabilitation unit] segregated 56 confinement. The determination that an immediate transfer to [a resi-S. 2656 6 1dential rehabilitation unit] segregated confinement is necessary shall 2 be made by the highest ranking facility security supervisor in consulta- 3 tion with a mental health clinician. 4 (b) The joint case management committee shall review any disciplinary 5 disposition imposing a sanction of segregated confinement at its next 6 scheduled meeting. Such review shall take into account the incarcerated 7 individual's mental condition and safety and security concerns. The 8 joint case management committee may only thereafter recommend the 9 removal of the incarcerated individual in exceptional circumstances 10 where the incarcerated individual [commits an act or acts defined in11subparagraph (ii) of paragraph (k) of subdivision six of section one12hundred thirty-seven of this chapter and] poses a significant and unrea- 13 sonable risk to the safety of incarcerated individuals or staff or to 14 the security of the facility. In the event that the incarcerated indi- 15 vidual was immediately moved to segregated confinement, the joint case 16 management committee may recommend that the incarcerated individual 17 continue to serve such sanction only in exceptional circumstances where 18 the incarcerated individual [commits an act or acts defined in subpara-19graph (ii) of paragraph (k) of subdivision six of section one hundred20thirty-seven of this chapter and] poses a significant and unreasonable 21 risk to the safety of incarcerated individuals or staff or to the secu- 22 rity of the facility. If a determination is made that the incarcerated 23 individual shall not be required to serve all or any part of the segre- 24 gated confinement sanction, the joint case management committee may 25 instead recommend that a less restrictive sanction should be imposed. 26 The recommendations made by the joint case management committee under 27 this paragraph shall be documented in writing and referred to the super- 28 intendent for review and if the superintendent disagrees, the matter 29 shall be referred to the joint central office review committee for a 30 final determination. The administrative process described in this para- 31 graph shall be completed within fourteen days. If the result of such 32 process is that an incarcerated individual who was immediately trans- 33 ferred to [a residential rehabilitation unit] segregated confinement 34 should be removed from [such unit], segregated confinement such removal 35 shall occur as soon as practicable, and in no event longer than seven- 36 ty-two hours from the completion of the administrative process. 37 § 10. Subdivision 6 of section 401 of the correction law, as separate- 38 ly amended by section 9 of part NNN of chapter 59 and chapter 322 of the 39 laws of 2021, is amended to read as follows: 40 6. The department shall ensure that the curriculum for new correction 41 officers, and other new department staff who will regularly work in 42 programs providing mental health treatment for incarcerated individuals, 43 shall include at least eight hours of training about the types and symp- 44 toms of mental illnesses, the goals of mental health treatment, the 45 prevention of suicide and training in how to effectively and safely 46 manage incarcerated individuals with mental illness. Such training may 47 be provided by the office of mental health or the justice center for the 48 protection of people with special needs. All department staff who are 49 transferring into a residential mental health treatment unit shall 50 receive a minimum of eight additional hours of such training, and eight 51 hours of annual training as long as they work in such a unit. All secu- 52 rity, program services, mental health and medical staff with direct 53 incarcerated individual contact shall receive training each year regard- 54 ing identification of, and care for, incarcerated individuals with 55 mental illnesses. The department shall provide additional training on 56 these topics on an ongoing basis as it deems appropriate. [All staffS. 2656 7 1working in a residential mental health treatment unit shall also receive2the training mandated in paragraph (n) of subdivision six of section one3hundred thirty-seven of this chapter.] 4 § 11. Subdivision 4 of section 401-a of the correction law is 5 REPEALED. 6 § 12. Subdivision 18 of section 45 of the correction law is REPEALED. 7 § 13. Section 500-k of the correction law, as separately amended by 8 chapters 93 and 322 of the laws of 2021 and subdivision 2 as amended by 9 chapter 486 of the laws of 2022, is amended to read as follows: 10 § 500-k. Treatment of incarcerated individuals. [1.] Subdivisions five 11 and six of section one hundred thirty-seven of this chapter, except 12 paragraphs (d) and (e) of subdivision six of such section, relating to 13 the treatment of incarcerated individuals in state correctional facili- 14 ties are applicable to incarcerated individuals confined in county 15 jails; except that the report required by paragraph (f) of subdivision 16 six of such section shall be made to a person designated to receive such 17 report in the rules and regulations of the state commission of 18 correction, or in any county or city where there is a department of 19 correction, to the head of such department. 20 [2. Notwithstanding any other section of law to the contrary, subdivi-21sion thirty-four of section two of this chapter, and subparagraphs (i),22(iv) and (v) of paragraph (j) and subparagraph (ii) of paragraph (m) of23subdivision six of section one hundred thirty-seven of this chapter24shall not apply to local correctional facilities with a total combined25capacity of five hundred incarcerated individuals or fewer.] 26 § 14. This act shall take effect immediately.
