Bill Text: NY S04517 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to segregated confinement; prohibits segregated confinement for certain persons.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04517 Detail]

Download: New_York-2021-S04517-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4517

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 5, 2021
                                       ___________

        Introduced  by  Sen.  LANZA  -- 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 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 (h) and (i) are added to read as follows:
    12    Except  as provided in paragraphs (d) [and], (e), (h) and (i)  of this
    13  subdivision, as a measure of last resort, the superintendent of a  state
    14  correctional  facility,  under  supervision  of the commissioner, or the
    15  sheriff of a local correctional facility may keep any inmate confined in
    16  a cell or room, apart from the accommodations provided for  inmates  who
    17  are  participating  in programs of the facility, for such minimal period
    18  as may be necessary for maintenance of order or discipline, but  in  any
    19  such case the following conditions shall be observed:
    20    (h) Segregated confinement is prohibited for the following inmates:
    21    (i) juveniles under the age of twenty-one;
    22    (ii) any person with a mental illness or a developmental disability as
    23  defined in section 1.03 of the mental hygiene law; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06112-01-1
        S. 4517                             2

     1    (iii) any person who has a permanent physical disability documented in
     2  his  or  her medical records that substantially limits one or more major
     3  life activities. For the  purposes  of  this  subdivision,  "major  life
     4  activities"  means functions such as walking, seeing, hearing and speak-
     5  ing.
     6    (i) The commissioner shall compile and publish comprehensive disaggre-
     7  gated  data  on  the  use  of  segregated confinement, including related
     8  suicide attempts and self-harm, on a quarterly basis.
     9    § 3. Subdivision 3 of section 138 of the correction law, as  added  by
    10  chapter 231 of the laws of 1975, is amended to read as follows:
    11    3.  Facility  rules  shall  be specific and precise giving all inmates
    12  actual notice of the conduct prohibited. Facility rules shall state  the
    13  range  of  disciplinary  sanctions which can be imposed for violation of
    14  each rule but any sanction of segregated confinement shall  be  for  the
    15  minimum period necessary for the maintenance of order or discipline.
    16    § 4. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law.