assembly Bill A8588A

2013-2014 Legislative Session

Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options

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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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 23, 2014 print number 8588a
amend and recommit to correction
Jan 24, 2014 referred to correction

Co-Sponsors

A8588 - Details

See Senate Version of this Bill:
S6466A
Law Section:
Correction Law
Laws Affected:
Amd §§137, 2, 401-a & 45, Cor L

A8588 - Summary

Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options; limits the length of time a person may be in segregated confinement and excludes certain persons from being placed in segregated confinement.

A8588 - Bill Text download pdf

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

                                  8588

                          I N  A S S E M B L Y

                            January 24, 2014
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law, in relation to restricting  the  use
  of  segregated  confinement  and  creating alternative therapeutic and
  rehabilitative confinement options

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

  Section  1.  Section  137 of the correction law is amended by adding a
new subdivision 5-a to read as follows:
  5-A. THE USE OF SEGREGATED CONFINEMENT, EXCLUSION OF  CERTAIN  SPECIAL
POPULATIONS,  AND  LENGTH  OF  TIME  ANY  PERSON CAN SPEND IN SEGREGATED
CONFINEMENT SHALL BE RESTRICTED IN ACCORDANCE WITH PARAGRAPHS (G),  (H),
(I),  (J),  (K), (L), (M), AND (N) OF SUBDIVISION SIX OF THIS SECTION OR
ANY OTHER APPLICABLE LAW.
  S 2. Subdivision 23 of section 2 of the correction law,  as  added  by
chapter 1 of the laws of 2008, is amended to read as follows:
  23.  "Segregated  confinement"  means  the [disciplinary] confinement,
OTHER  THAN  FOR  EMERGENCY  CONFINEMENT  AS  DEFINED   IN   SUBDIVISION
THIRTY-THREE  OF  THIS  SECTION,  OR  FOR  DOCUMENTED MEDICAL REASONS OR
MENTAL HEALTH EMERGENCIES, of an inmate in a special housing unit or  in
a  separate  keeplock  housing  unit  OR  ANY  FORM OF KEEPLOCK, OR CELL
CONFINEMENT FOR MORE THAN SEVENTEEN HOURS A DAY OTHER THAN IN A  FACILI-
TY-WIDE LOCKDOWN.  Special housing units and separate keeplock units are
housing  units that consist of cells grouped so as to provide separation
from the general population, and may be used to house  inmates  confined
pursuant to the disciplinary procedures described in regulations.
  S  3.  Section  2  of the correction law is amended by adding five new
subdivisions 32, 33, 34, 35, and 36 to read as follows:
  32. "SPECIAL POPULATIONS" MEANS ANY PERSON: (A)  TWENTY-ONE  YEARS  OF
AGE  OR  YOUNGER; (B) FIFTY-FIVE YEARS OF AGE OR OLDER; (C) WITH A DISA-
BILITY AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED NINE-
TY-TWO OF THE EXECUTIVE LAW, INCLUDING BUT NOT LIMITED TO, FOR  PURPOSES
OF  MENTAL  IMPAIRMENT, PERSONS WITH A SERIOUS MENTAL ILLNESS AS DEFINED
IN PARAGRAPH (E) OF SUBDIVISION SIX OF SECTION ONE HUNDRED  THIRTY-SEVEN

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A8588A (ACTIVE) - Details

See Senate Version of this Bill:
S6466A
Law Section:
Correction Law
Laws Affected:
Amd §§137, 2, 401-a & 45, Cor L

A8588A (ACTIVE) - Summary

Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options; limits the length of time a person may be in segregated confinement and excludes certain persons from being placed in segregated confinement.

A8588A (ACTIVE) - Bill Text download pdf

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

                                 8588--A

                          I N  A S S E M B L Y

                            January 24, 2014
                               ___________

Introduced  by  M.  of  A. AUBRY, PERRY -- read once and referred to the
  Committee on Correction -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the correction law, in relation to restricting  the  use
  of  segregated  confinement  and  creating alternative therapeutic and
  rehabilitative confinement options

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

  Section  1.  Section  137 of the correction law is amended by adding a
new subdivision 5-a to read as follows:
  5-A. THE USE OF SEGREGATED CONFINEMENT, EXCLUSION OF  CERTAIN  SPECIAL
POPULATIONS,  AND  LENGTH  OF  TIME  ANY  PERSON CAN SPEND IN SEGREGATED
CONFINEMENT SHALL BE RESTRICTED IN ACCORDANCE WITH PARAGRAPHS (G),  (H),
(I),  (J),  (K), (L), (M), AND (N) OF SUBDIVISION SIX OF THIS SECTION OR
ANY OTHER APPLICABLE LAW.
  S 2. Subdivision 23 of section 2 of the correction law,  as  added  by
chapter 1 of the laws of 2008, is amended to read as follows:
  23.  "Segregated  confinement"  means  the [disciplinary] confinement,
OTHER  THAN  FOR  EMERGENCY  CONFINEMENT  AS  DEFINED   IN   SUBDIVISION
THIRTY-THREE  OF  THIS  SECTION,  OR  FOR  DOCUMENTED MEDICAL REASONS OR
MENTAL HEALTH EMERGENCIES, of an inmate in a special housing unit or  in
a  separate  keeplock  housing  unit  OR  ANY  FORM OF KEEPLOCK, OR CELL
CONFINEMENT FOR MORE THAN SEVENTEEN HOURS A DAY OTHER THAN IN A  FACILI-
TY-WIDE LOCKDOWN.  Special housing units and separate keeplock units are
housing  units that consist of cells grouped so as to provide separation
from the general population, and may be used to house  inmates  confined
pursuant to the disciplinary procedures described in regulations.
  S  3.  Section  2  of the correction law is amended by adding five new
subdivisions 32, 33, 34, 35, and 36 to read as follows:
  32. "SPECIAL POPULATIONS" MEANS ANY PERSON: (A)  TWENTY-ONE  YEARS  OF
AGE  OR  YOUNGER; (B) FIFTY-FIVE YEARS OF AGE OR OLDER; (C) WITH A DISA-
BILITY AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED NINE-
TY-TWO OF THE EXECUTIVE LAW, INCLUDING BUT NOT LIMITED TO, FOR  PURPOSES
OF  MENTAL  IMPAIRMENT, PERSONS WITH A SERIOUS MENTAL ILLNESS AS DEFINED

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

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