Bill Text: NY S07462 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides out-of-cell programming for adolescents.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-15 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S07462 Detail]

Download: New_York-2013-S07462-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7462
                                   I N  S E N A T E
                                     May 15, 2014
                                      ___________
       Introduced  by Sen. GALLIVAN -- 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 (G) 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    S 2. Subdivision 6 of section 137 of the correction law is amended  by
   11  adding a new paragraph (g) to read as follows:
   12    (G)  CONTINGENT  ON  THE  DEPARTMENT'S ABILITY TO SECURE THE NECESSARY
   13  FUNDING, THE DEPARTMENT SHALL ENSURE THAT EVEN UNDER THE  MOST  RESTRIC-
   14  TIVE  FORM  OF  DISCIPLINARY  HOUSING,  SIXTEEN  AND  SEVENTEEN YEAR OLD
   15  INMATES SHALL FIVE DAYS A WEEK BE OFFERED  OUT-OF-CELL  PROGRAMMING  AND
   16  OUTDOOR  EXERCISE, LIMITING TIME IN THEIR CELLS TO NINETEEN HOURS A DAY,
   17  EXCEPT IN EXCEPTIONAL CIRCUMSTANCES TO BE DETERMINED BY THE  COMMISSION-
   18  ER.
   19    S 3. This act shall take effect on the one hundred eightieth day after
   20  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15234-01-4