Bill Text: NY S09946 | 2023-2024 | General Assembly | Introduced

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Bill Title: Defines the terms "cell" and "out-of-cell" to clarify meaning of cell confinement and the amount or type of space deemed a cell or out-of-cell.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-11-12 - REFERRED TO RULES [S09946 Detail]

Download: New_York-2023-S09946-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9946

                    IN SENATE

                                    November 12, 2024
                                       ___________

        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the correction law, in relation to  the  definitions  of
          cell and out-of-cell

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

     1    Section 1. Section 2 of the correction law is amended by adding  three
     2  new subdivisions 35, 36 and 37 to read as follows:
     3    35.  "Cell"  means any room, area or space that is used or is intended
     4  to be used by an incarcerated individual for sleep; or any  room,  area,
     5  or  space  that is not a shared space conducive to meaningful congregate
     6  social interaction among many people in a group setting appropriate  for
     7  the  number  of  people  in  the space without physical barriers between
     8  people where a person or persons are held for any purpose; or any  room,
     9  area, or space in that is not out-of-cell.
    10    36. "Cell confinement" means being in a cell.
    11    37.  "Out-of-cell"  means  being  in a space outside of and in an area
    12  away from a cell, in a group setting (including a group classroom,  open
    13  group  recreation  yard,  group  library  or  law library, group contact
    14  visits room, or other equivalent space), with many other people  all  in
    15  the  same  shared space without physical barriers between people that is
    16  conducive to meaningful congregate social interaction and activity among
    17  the number of people in the space,  for  purposes  including  congregate
    18  programming,  congregate  recreation, congregate contact visits, congre-
    19  gate library services, congregate law library services, congregate jobs,
    20  congregate meals, or equivalent congregate activities;  or  being  in  a
    21  space  outside  of  and  in  an area away from a cell during the time of
    22  medical treatment, individual counseling, an attorney visit,  or  equiv-
    23  alent  service,  in a setting conducive to the provision of such service
    24  with a person in custody in the same shared  space  with  their  service
    25  provider without physical barriers between them.
    26    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16390-01-4