senate Bill S1401

2013-2014 Legislative Session

Relates to the segregated confinement of inmates with serious mental illness

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to crime victims, crime and correction
Jan 09, 2013 referred to crime victims, crime and correction

Co-Sponsors

S1401 - Details

Law Section:
Correction Law
Laws Affected:
Amd ยงยง137 & 500-k, Cor L
Versions Introduced in 2011-2012 Legislative Session:
S5906

S1401 - Summary

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

S1401 - Sponsor Memo

S1401 - Bill Text download pdf

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

                                  1401

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. MONTGOMERY, PERKINS -- read twice and ordered print-
  ed,  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04006-01-3

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