senate Bill S7462

2013-2014 Legislative Session

Provides out-of-cell programming for adolescents

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to crime victims, crime and correction

S7462 - Bill Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง137, Cor L

S7462 - Bill Texts

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Provides out-of-cell programming for adolescents.

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BILL NUMBER:S7462

TITLE OF BILL: An act to amend the correction law, in relation to
requiring structured out-of-cell programming for adolescents in
segregated disciplinary confinement

PURPOSE: To reduce the amount of time in which an adolescent inmate
is placed in segregated confinement or other restrictive confinement.

SUMMARY OF PROVISIONS:

Section 1 adds paragraph (g) to the list of exceptions to segregated
confinement

Section 2 adds paragraph (g) to section 137 of the correction law,
limiting the amount of time a sixteen and seventeen year old inmate
can spend in segregated confinement or other restricted confinement
except in exceptional circumstances.

Section 3 states that this act will take effect immediately

JUSTIFICATION: Under the terms of an interim settlement agreement in
a federal civil rights law suit, Peoples v. Fischer, 11-C1V-2694
(SAS), the New York Department of Corrections and Community
Supervision has agreed to limit the amount of time an adolescent
inmate can spend in segregated confinement. This bill seeks to codify
that agreement.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: 180th day.

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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:

  Section 1. The opening paragraph of subdivision 6 of  section  137  of
the  correction  law,  as  amended  by chapter 1 of the laws of 2008, is
amended to read as follows:
  Except as provided in paragraphs (d) [and], (e) AND (G) of this subdi-
vision, the superintendent of  a  correctional  facility  may  keep  any
inmate  confined  in  a  cell  or  room,  apart  from the accommodations
provided for inmates who are participating in programs of the  facility,
for  such  period as may be necessary for maintenance of order or disci-
pline, but in any such case the following conditions shall be observed:
  S 2. Subdivision 6 of section 137 of the correction law is amended  by
adding a new paragraph (g) to read as follows:
  (G)  CONTINGENT  ON  THE  DEPARTMENT'S ABILITY TO SECURE THE NECESSARY
FUNDING, THE DEPARTMENT SHALL ENSURE THAT EVEN UNDER THE  MOST  RESTRIC-
TIVE  FORM  OF  DISCIPLINARY  HOUSING,  SIXTEEN  AND  SEVENTEEN YEAR OLD
INMATES SHALL FIVE DAYS A WEEK BE OFFERED  OUT-OF-CELL  PROGRAMMING  AND
OUTDOOR  EXERCISE, LIMITING TIME IN THEIR CELLS TO NINETEEN HOURS A DAY,
EXCEPT IN EXCEPTIONAL CIRCUMSTANCES TO BE DETERMINED BY THE  COMMISSION-
ER.
  S 3. This act shall take effect on the one hundred eightieth day after
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

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