senate Bill S5906

2011-2012 Legislative Session

Relates to the segregated confinement of inmates with serious mental illness

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 07, 2012 defeated in crime victims, crime and correction
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to crime victims, crime and correction
Oct 05, 2011 referred to rules

Votes

view votes

Mar 7, 2012 - Crime Victims, Crime and Correction committee Vote

S5906
5
8
committee
5
Aye
8
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Mar 7, 2012

aye wr (1)

Co-Sponsors

S5906 - Details

Law Section:
Correction Law
Laws Affected:
Amd ยงยง137 & 500-k, Cor L

S5906 - Summary

Relates to the segregated confinement of inmates with serious mental illness.

S5906 - Sponsor Memo

S5906 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5906

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             October 5, 2011
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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 limiting  the  segre-
  gated  confinement  of persons in a correctional facility with serious
  mental illness

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs  (c),  (d),  (e)  and  (f) of subdivision 6 of
section 137 of the correction law are relettered  paragraphs  (e),  (f),
(g)  and  (h)  and two new paragraphs (c) and (d) are added and subpara-
graph (i) of paragraph (f), as amended by chapter 1 of the laws of  2008
and as relettered by this section, is amended to read as follows:
  (C)  INMATES  SHALL  NOT  BE  IN  SEGREGATED CONFINEMENT FOR REASON OF
DISCIPLINE, DETENTION, ADMINISTRATIVE SEGREGATION,  PROTECTIVE  CUSTODY,
KEEPLOCK, OR ANY OTHER REASON FOR ADMISSION, UNLESS THEY HAVE ENGAGED IN
HIGHLY  DANGEROUS,  VIOLENT  OR  SERIOUS  ESCAPE-RELATED  BEHAVIOR WHILE
INCARCERATED IN THAT FACILITY;
  (D) CONFINEMENT IN SEGREGATED CONFINEMENT SHALL BE LIMITED TO NOT MORE
THAN NINETY DAYS, EXCEPT FOR AN INMATE WHOSE BEHAVIOR EXPOSES A  PATTERN
OF  EXTREME  VIOLENCE  OR DANGER TO HIMSELF OR OTHERS AND, PROVIDED THAT
FOR THOSE CONFINED LONGER THAN NINETY DAYS,  THERE  SHALL  BE  A  REVIEW
EVERY  NINETY  DAYS  BY  AN INDEPENDENT REVIEW BOARD, TO BE KNOWN AS THE
INMATE'S SPECIAL  HOUSING  UNIT  REVIEW  COUNCIL  TO  DETERMINE  WHETHER
CONTINUED  SEGREGATED CONFINEMENT IS WARRANTED AND NECESSARY. SUCH COUN-
CIL SHALL BE COMPOSED OF SEVEN MEMBERS APPOINTED BY  THE  GOVERNOR  WITH
THE  ADVICE  AND  CONSENT OF THE SENATE. ONE MEMBER SHALL BE AN ATTORNEY
ADMITTED TO PRACTICE LAW IN THIS STATE, ONE MEMBER  SHALL  BE  A  MENTAL
HEALTH  PROFESSIONAL,  ONE  MEMBER  SHALL  BE  A CRIMINAL JUSTICE EXPERT
APPOINTED FROM WITHIN EMPLOYEES OF THE STATE UNIVERSITY SYSTEM, AND  ONE
MEMBER SHALL BE A FORMER INMATE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13525-01-1

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