S T A T E O F N E W Y O R K
________________________________________________________________________
4401
2015-2016 Regular Sessions
I N A S S E M B L Y
January 30, 2015
___________
Introduced by M. of A. AUBRY, PERRY, ARROYO, BARRETT, STECK, RIVERA,
GOTTFRIED, WRIGHT, COOK, JAFFEE, DAVILA, LUPARDO, SEPULVEDA, SCARBOR-
OUGH, MOSLEY, ORTIZ, ROBERTS, PEOPLES-STOKES -- Multi-Sponsored by --
M. of A. BRENNAN, CLARK, FARRELL -- 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06950-01-5
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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
OF THIS CHAPTER; (D) WHO IS PREGNANT, IS IN THE FIRST EIGHT WEEKS OF THE
POST-PARTUM RECOVERY PERIOD AFTER GIVING BIRTH, OR IS CARING FOR A CHILD
IN A CORRECTIONAL INSTITUTION PURSUANT TO SUBDIVISIONS TWO OR THREE OF
SECTION SIX HUNDRED ELEVEN OF THIS CHAPTER; OR (E) WHO IS OR IS
PERCEIVED TO BE LESBIAN, GAY, BISEXUAL, TRANSGENDER, OR INTERSEX.
33. "EMERGENCY CONFINEMENT" MEANS CONFINEMENT IN ANY CELL FOR NO MORE
THAN TWENTY-FOUR CONSECUTIVE HOURS AND NO MORE THAN FORTY-EIGHT TOTAL
HOURS IN ANY FIFTEEN DAY PERIOD, WITH AT LEAST ONE HOUR OF OUT-OF-CELL
RECREATION FOR EVERY TWENTY-FOUR HOURS.
34. "SHORT-TERM SEGREGATED CONFINEMENT" MEANS SEGREGATED CONFINEMENT
OF NO MORE THAN THREE CONSECUTIVE DAYS AND SIX DAYS TOTAL WITHIN ANY
THIRTY DAY PERIOD.
35. "EXTENDED SEGREGATED CONFINEMENT" MEANS SEGREGATED CONFINEMENT OF
NO MORE THAN FIFTEEN CONSECUTIVE DAYS AND TWENTY DAYS TOTAL WITHIN ANY
SIXTY DAY PERIOD.
36. "RESIDENTIAL REHABILITATION UNIT" MEANS SECURE AND SEPARATE UNITS
USED FOR THERAPY, TREATMENT, AND REHABILITATIVE PROGRAMMING OF PEOPLE
WHO WOULD BE PLACED IN SEGREGATED CONFINEMENT FOR MORE THAN FIFTEEN
DAYS. SUCH UNITS ARE THERAPEUTIC AND TRAUMA-INFORMED, AND AIM TO ADDRESS
INDIVIDUAL TREATMENT AND REHABILITATION NEEDS AND UNDERLYING CAUSES OF
PROBLEMATIC BEHAVIORS.
S 4. Subdivision 6 of section 137 of the correction law is amended by
adding eight new paragraphs (g), (h), (i), (j), (k), (l), (m), and (n)
to read as follows:
(G) PERSONS IN A SPECIAL POPULATION AS DEFINED IN SUBDIVISION THIRTY-
TWO OF SECTION TWO OF THIS CHAPTER SHALL NOT BE PLACED IN SEGREGATED
CONFINEMENT FOR ANY LENGTH OF TIME. ANY SUCH PERSONS THE DEPARTMENT
WOULD OTHERWISE PLACE IN SEGREGATED CONFINEMENT SHALL REMAIN IN GENERAL
POPULATION OR BE DIVERTED TO A RESIDENTIAL REHABILITATION UNIT. IF A
PERSON IN A SPECIAL POPULATION IS PLACED IN EMERGENCY CONFINEMENT FOR
MORE THAN SIXTEEN HOURS, HE OR SHE SHALL BE ALLOWED OUT-OF-CELL AT LEAST
FOUR HOURS.
(H) NO PERSON MAY BE IN SEGREGATED CONFINEMENT FOR LONGER THAN NECES-
SARY AND NEVER MORE THAN FIFTEEN CONSECUTIVE DAYS NOR TWENTY TOTAL DAYS
WITHIN ANY SIXTY DAY PERIOD. AT THESE LIMITS, PERSONS MUST BE RELEASED
FROM SEGREGATED CONFINEMENT OR DIVERTED TO A SEPARATE SECURE RESIDENTIAL
REHABILITATION UNIT.
(I) (I) ALL SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION
UNITS SHALL CREATE THE LEAST RESTRICTIVE ENVIRONMENT NECESSARY FOR THE
SAFETY OF RESIDENTS, STAFF, AND THE SECURITY OF THE FACILITY.
(II) PERSONS IN SEGREGATED CONFINEMENT SHALL BE ALLOWED OUT-OF-CELL AT
LEAST FOUR HOURS PER DAY, INCLUDING AT LEAST ONE HOUR FOR RECREATION.
PERSONS IN RESIDENTIAL REHABILITATION UNITS SHALL BE ALLOWED AT LEAST
SIX HOURS PER DAY OUT-OF-CELL FOR PROGRAMMING, SERVICES, TREATMENT,
AND/OR MEALS, AND AN ADDITIONAL MINIMUM OF ONE HOUR FOR RECREATION.
RECREATION IN ALL UNITS SHALL TAKE PLACE IN A CONGREGATE SETTING, UNLESS
EXCEPTIONAL CIRCUMSTANCES MEAN DOING SO WOULD CREATE A SIGNIFICANT AND
UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER INCARCERATED
PERSONS, STAFF, OR THE FACILITY.
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(III) PERSONS IN SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION
UNITS SHALL: (A) RECEIVE AT LEAST COMPARABLE MEDICAL AND MENTAL HEALTH
CARE TO GENERAL POPULATION, INCLUDING OBSTETRICAL AND GYNECOLOGICAL
SERVICES, IN A SETTING ENSURING PRIVACY AND CONFIDENTIALITY; (B) HAVE
THEIR BASIC NEEDS MET IN A MANNER COMPARABLE TO GENERAL POPULATION, AND
NEVER HAVE RESTRICTED DIETS NOR ANY ORDER RESTRICTING ANY BASIC NEED
IMPOSED AS A FORM OF PUNISHMENT; (C) IF IN A RESIDENTIAL REHABILITATION
UNIT BE ABLE TO RETAIN ALL THEIR PROPERTY WITH THEM; (D) HAVE COMPARABLE
ACCESS TO ALL SERVICES AND MATERIALS AS IN GENERAL POPULATION; AND (E)
BE ABLE TO RETAIN PROGRAM MATERIALS, COMPLETE PROGRAM ASSIGNMENTS, AND
CONTINUE UPON RETURN ALL UNCOMPLETED PROGRAMS THEY WERE IN PRIOR TO
PLACEMENT IN SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION
UNIT.
(IV) WITHIN TEN DAYS OF ADMISSION TO A RESIDENTIAL REHABILITATION
UNIT, AN ASSESSMENT COMMITTEE COMPRISED OF PROGRAM, REHABILITATION,
MENTAL HEALTH, AND SECURITY STAFF SHALL ADMINISTER AN ASSESSMENT AND
DEVELOP IN COLLABORATION WITH THE RESIDENT AN INDIVIDUAL REHABILITATION
PLAN, BASED UPON THE PERSON'S MEDICAL, MENTAL HEALTH, AND PROGRAMMING
NEEDS, THAT IDENTIFIES SPECIFIC GOALS AND PROGRAMS, TREATMENT, AND
SERVICES TO BE OFFERED, WITH PROJECTED TIME FRAMES FOR COMPLETION AND
RELEASE FROM THE RESIDENTIAL REHABILITATION UNIT.
(V) RESIDENTS IN RESIDENTIAL REHABILITATION UNITS SHALL HAVE ACCESS TO
PROGRAMS AND JOBS COMPARABLE TO ALL CORE OUT-OF-CELL PROGRAMS IN GENERAL
POPULATION. SUCH RESIDENTS SHALL ALSO HAVE ACCESS TO ADDITIONAL
OUT-OF-CELL, TRAUMA-INFORMED THERAPEUTIC PROGRAMMING AIMED AT PROMOTING
PERSONAL DEVELOPMENT, ADDRESSING UNDERLYING CAUSES OF PROBLEMATIC BEHAV-
IOR RESULTING IN PLACEMENT IN A RESIDENTIAL REHABILITATION UNIT, AND
HELPING PREPARE FOR DISCHARGE FROM THE UNIT AND TO THE COMMUNITY.
(VI) IF THE DEPARTMENT ESTABLISHES THAT A PERSON COMMITTED AN ACT
DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION WHILE
IN SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT AND POSES
A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER
RESIDENTS OR STAFF, THE DEPARTMENT MAY RESTRICT THAT PERSON'S PARTIC-
IPATION IN PROGRAMMING AND OUT-OF-CELL TIME AS NECESSARY FOR THE SAFETY
OF OTHER RESIDENTS AND STAFF. IF RESTRICTIONS ARE IMPOSED IN SEGREGATED
CONFINEMENT, THE DEPARTMENT MUST STILL PROVIDE AT LEAST TWO HOURS
OUT-OF-CELL TIME. IF RESTRICTIONS ARE IMPOSED IN A RESIDENTIAL REHABILI-
TATION UNIT, THE DEPARTMENT SHALL DEVELOP A NEW REHABILITATION PLAN,
PROVIDE AT LEAST THREE HOURS OUT-OF-CELL TIME, AND ON EACH DAY PROGRAM-
MING RESTRICTIONS ARE IMPOSED PROVIDE AT LEAST TWO HOURS OF OUT-OF-CELL
ONE-ON-ONE THERAPY WITH THE RESIDENT AND ONE HOUR OF OUT-OF-CELL RECRE-
ATION. THE DEPARTMENT SHALL REMOVE ALL RESTRICTIONS WITHIN FIFTEEN DAYS,
AND MAY NOT IMPOSE NEW RESTRICTIONS UNLESS THE PERSON COMMITS A NEW ACT
DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION.
(VII) RESTRAINTS SHALL NOT BE USED WHEN RESIDENTS LEAVE A CELL OR
HOUSING AREA FOR ON-UNIT OPERATIONS, UNLESS A RESIDENT WAS FOUND AT A
HEARING TO HAVE COMMITTED AN ACT OF VIOLENCE ON THE RESIDENTIAL REHABIL-
ITATION UNIT WITHIN THE PREVIOUS SEVEN DAYS OR IS CURRENTLY ACTING IN AN
UNACCEPTABLY VIOLENT MANNER, AND NOT USING RESTRAINTS WOULD CREATE A
SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER
RESIDENTS OR STAFF.
(VIII) THERE SHALL BE A PRESUMPTION AGAINST THE IMPOSITION OF MISBE-
HAVIOR REPORTS, PURSUIT OF DISCIPLINARY CHARGES, OR IMPOSITION OF ADDI-
TIONAL TIME IN SEGREGATED CONFINEMENT FOR INDIVIDUALS IN SEGREGATED
CONFINEMENT OR RESIDENTIAL REHABILITATION UNITS. THE DEPARTMENT SHALL
USE OTHER NON-DISCIPLINARY INTERVENTIONS TO ADDRESS ANY PROBLEMATIC
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BEHAVIOR. NO RESIDENT SHALL RECEIVE SEGREGATED CONFINEMENT TIME WHILE IN
SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT EXCEPT WHERE
IT IS DETERMINED PURSUANT TO A DISCIPLINARY HEARING THAT HE OR SHE
COMMITTED ONE OR MORE ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J)
OF THIS SUBDIVISION WHILE ON THE UNIT, AND THAT HE OR SHE POSES A
SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY OF RESIDENTS OR STAFF,
OR THE SECURITY OF THE FACILITY.
(J) (I) THE DEPARTMENT MAY PLACE A PERSON IN EMERGENCY CONFINEMENT
WITHOUT A HEARING IF NECESSARY FOR IMMEDIATELY DEFUSING A SUBSTANTIAL
AND IMMINENT THREAT TO SAFETY OR SECURITY OF INCARCERATED PERSONS OR
STAFF.
(II) THE DEPARTMENT IS ENCOURAGED TO USE RESPONSES OTHER THAN SEGRE-
GATED CONFINEMENT IN RESPONSE TO DEPARTMENT RULE VIOLATIONS. THE DEPART-
MENT MAY PLACE A PERSON IN SHORT TERM SEGREGATED CONFINEMENT IF IT
DETERMINES, PURSUANT TO AN EVIDENTIARY HEARING, THAT THE PERSON COMMIT-
TED A DEPARTMENT RULE VIOLATION WARRANTING SUCH CONFINEMENT AND THE
LENGTH OF SEGREGATED CONFINEMENT IMPOSED IS PROPORTIONATE TO THE
VIOLATION.
(III) THE DEPARTMENT MAY PLACE A PERSON IN EXTENDED SEGREGATED
CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT ONLY IF, PURSUANT TO AN
EVIDENTIARY HEARING, IT DETERMINES THE PERSON COMMITTED, WHILE UNDER
DEPARTMENT CUSTODY, OR PRIOR TO CUSTODY IF THE COMMISSIONER OR HIS OR
HER DESIGNEE DETERMINES IN WRITING BASED ON SPECIFIC OBJECTIVE CRITERIA
THE ACTS WERE SO HEINOUS OR DESTRUCTIVE THAT GENERAL POPULATION HOUSING
CREATES A SIGNIFICANT RISK OF IMMINENT SERIOUS PHYSICAL INJURY TO STAFF
OR OTHER INCARCERATED PERSONS, ONE OF THE FOLLOWING ACTS: (A) CAUSING OR
ATTEMPTING TO CAUSE SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON;
(B) COMPELLING OR ATTEMPTING TO COMPEL ANOTHER PERSON, BY FORCE OR
THREAT OF FORCE, TO ENGAGE IN A SEXUAL ACT; (C) EXTORTING ANOTHER, BY
FORCE OR THREAT OF FORCE, FOR PROPERTY OR MONEY; (D) COERCING ANOTHER,
BY FORCE OR THREAT OF FORCE, TO VIOLATE ANY RULE; (E) LEADING, ORGANIZ-
ING, OR INCITING A SERIOUS DISTURBANCE THAT RESULTS IN THE TAKING OF A
HOSTAGE, MAJOR PROPERTY DAMAGE, OR PHYSICAL HARM TO ANOTHER PERSON; (F)
PROCURING DEADLY WEAPONS OR OTHER DANGEROUS CONTRABAND THAT POSES A
SERIOUS THREAT TO THE SECURITY OF THE INSTITUTION; OR (G) ESCAPING,
ATTEMPTING TO ESCAPE OR FACILITATING AN ESCAPE FROM A FACILITY, OR WHILE
UNDER SUPERVISION OUTSIDE OF SUCH A FACILITY, RESULTING IN PHYSICAL HARM
OR THREATENED PHYSICAL HARM TO OTHERS, OR IN MAJOR DESTRUCTION TO THE
PHYSICAL PLANT.
(IV) NO PERSON MAY BE HELD IN SEGREGATED CONFINEMENT FOR PROTECTIVE
CUSTODY. ANY UNIT USED FOR PROTECTIVE CUSTODY MUST, AT A MINIMUM,
CONFORM TO REQUIREMENTS GOVERNING RESIDENTIAL REHABILITATION UNITS UNDER
PARAGRAPHS (I), (L), (M), AND (N) OF THIS SUBDIVISION. WHEN APPLIED TO A
PERSON IN PROTECTIVE CUSTODY, THE CRITERIA IN SUBPARAGRAPH (II) AND
CLAUSE (A) OF SUBPARAGRAPH (III) OF PARAGRAPH (L) OF THIS SUBDIVISION
SHALL BE THAT "THE PERSON STILL IS IN NEED OF PROTECTIVE CUSTODY"; AND
THE CRITERIA IN SUBPARAGRAPH (IV) OF PARAGRAPH (L) OF THIS SUBDIVISION
SHALL BE THAT "THE PERSON IS IN VOLUNTARY PROTECTIVE CUSTODY."
(K) (I) ALL HEARINGS TO DETERMINE IF A PERSON MAY BE PLACED IN SHORT
TERM OR EXTENDED SEGREGATED CONFINEMENT SHALL OCCUR PRIOR TO PLACEMENT
IN SEGREGATED CONFINEMENT UNLESS A SECURITY SUPERVISOR, WITH WRITTEN
APPROVAL OF A FACILITY SUPERINTENDENT OR DESIGNEE, REASONABLY BELIEVES
THE PERSON FITS THE CRITERIA FOR EXTENDED SEGREGATED CONFINEMENT. IF A
HEARING DOES NOT TAKE PLACE PRIOR TO PLACEMENT, IT SHALL OCCUR AS SOON
AS REASONABLY PRACTICABLE AND AT MOST WITHIN FIVE DAYS OF TRANSFER
UNLESS THE CHARGED PERSON SEEKS MORE TIME. ALL HEARINGS SHALL AT A MINI-
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MUM COMPLY WITH THE STANDARDS OF ALL DEPARTMENT RULES FOR DISCIPLINARY
HEARINGS AS OF JANUARY FIRST, TWO THOUSAND SIXTEEN. PERSONS AT ALL HEAR-
INGS SHALL BE PERMITTED TO BE REPRESENTED BY ANY PRO BONO OR RETAINED
ATTORNEY, OR LAW STUDENT; OR ANY PARALEGAL OR INCARCERATED PERSON UNLESS
THE DEPARTMENT REASONABLY DISAPPROVES OF SUCH PARALEGAL OR INCARCERATED
PERSON BASED UPON OBJECTIVE WRITTEN CRITERIA DEVELOPED BY THE DEPARTMENT
CONCERNING QUALIFICATIONS TO BE AN ASSISTANT AT A HEARING.
(II) ON NOTIFICATION A PERSON IS TO BE PLACED IN SEGREGATED CONFINE-
MENT AND PRIOR TO SUCH PLACEMENT, HE OR SHE SHALL BE ASSESSED BY RELE-
VANT LICENSED MEDICAL, SOCIAL, AND/OR MENTAL HEALTH PROFESSIONALS TO
DETERMINE WHETHER HE OR SHE BELONGS TO ANY SPECIAL POPULATION AS DEFINED
IN SUBDIVISION THIRTY-TWO OF SECTION TWO OF THIS CHAPTER. IF A PERSON
DISPUTES A DETERMINATION THAT HE OR SHE IS NOT IN A SPECIAL POPULATION,
HE OR SHE SHALL BE PROVIDED A HEARING WITHIN SEVENTY-TWO HOURS OF PLACE-
MENT IN SEGREGATED CONFINEMENT TO CHALLENGE SUCH DETERMINATION.
(L) (I) ANY SANCTION IMPOSED ON AN INCARCERATED PERSON REQUIRING
SEGREGATED CONFINEMENT SHALL RUN WHILE THE PERSON IS IN A RESIDENTIAL
REHABILITATION UNIT AND THE PERSON SHALL BE DISCHARGED FROM THE UNIT
BEFORE OR AT THE TIME THAT SANCTION EXPIRES.
(II) WITHIN THIRTY DAYS OF ADMISSION TO A RESIDENTIAL REHABILITATION
UNIT AND EVERY SIXTY DAYS THEREAFTER, THE ASSESSMENT COMMITTEE SHALL
REVIEW EACH RESIDENT'S PROGRESS AND DISCHARGE A RESIDENT UNLESS IT
DETERMINES IN WRITING THROUGH CREDIBLE AND RELIABLE EVIDENCE THAT THERE
IS CURRENTLY A SUBSTANTIAL LIKELIHOOD THAT THE RESIDENT WILL COMMIT AN
ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION.
(III) WITHIN ONE HUNDRED DAYS AFTER ADMISSION TO A RESIDENTIAL REHA-
BILITATION UNIT AND EVERY ONE HUNDRED TWENTY DAYS THEREAFTER, A REHABIL-
ITATION REVIEW COMMITTEE, COMPRISED OF CORRECTIONAL FACILITY EXECUTIVE
LEVEL PROGRAM, REHABILITATION, AND SECURITY STAFF SHALL DISCHARGE A
RESIDENT FROM A RESIDENTIAL REHABILITATION UNIT UNLESS IT DETERMINES IN
WRITING, AFTER CONSIDERING THE RESIDENT'S ORAL STATEMENT AND ANY WRITTEN
SUBMISSIONS BY THE RESIDENT OR OTHERS, THAT: (A) THERE IS CURRENTLY A
SUBSTANTIAL LIKELIHOOD THAT THE RESIDENT WILL COMMIT AN ACT LISTED IN
SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION, SIGNIFICANT
THERAPEUTIC REASONS EXIST FOR KEEPING THE RESIDENT IN THE UNIT TO
COMPLETE SPECIFIC PROGRAM OR TREATMENT GOALS, AND REMAINING IN THE UNIT
IS IN THE BEST INTEREST OF THE RESIDENT; OR (B) THE RESIDENT HAS COMMIT-
TED AN ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDI-
VISION DURING THE ONE HUNDRED TWENTY DAYS PRIOR TO THE REVIEW.
(IV) IF A RESIDENT HAS SPENT ONE YEAR IN A RESIDENTIAL REHABILITATION
UNIT OR IS WITHIN SIXTY DAYS OF A FIXED OR TENTATIVELY APPROVED DATE FOR
RELEASE FROM A CORRECTIONAL FACILITY, HE SHALL BE DISCHARGED FROM THE
UNIT UNLESS HE OR SHE COMMITTED AN ACT LISTED IN SUBPARAGRAPH (III) OF
PARAGRAPH (J) OF THIS SUBDIVISION WITHIN THE PRIOR ONE HUNDRED EIGHTY
DAYS OR HE OR SHE CAUSED THE DEATH OF ANOTHER PERSON WHILE UNDER DEPART-
MENT CUSTODY OR ESCAPED OR ATTEMPTED TO ESCAPE FROM DEPARTMENT OR OTHER
POLICE CUSTODY AND THE REHABILITATION REVIEW COMMITTEE DETERMINES HE OR
SHE POSES A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY OR SECURITY
OF INCARCERATED PERSONS OR STAFF, BUT IN ANY SUCH CASE THE DECISION NOT
TO DISCHARGE SUCH PERSON SHALL BE IMMEDIATELY AND AUTOMATICALLY
SUBJECTED TO AN INDEPENDENT REVIEW BY THE JUSTICE CENTER ENTITY WITH
OVERSIGHT RESPONSIBILITIES UNDER SECTION FOUR HUNDRED ONE-A OF THIS
CHAPTER, WITH TIMELY NOTICE GIVEN TO THE INCARCERATED PERSON OF THE
SUBMISSION OF THE CASE TO THE JUSTICE CENTER AND OF THE DECISION OF THE
JUSTICE CENTER. IF THE JUSTICE CENTER DISAGREES WITH THE DECISION TO
NOT DISCHARGE, THE RESIDENT WILL BE IMMEDIATELY RELEASED FROM THE RESI-
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DENTIAL REHABILITATION UNIT. IF THE JUSTICE CENTER AGREES WITH THE DECI-
SION TO NOT DISCHARGE, THE DISCHARGE PROCEDURES SET FORTH IN THIS PARA-
GRAPH SHALL APPLY INCLUDING ANNUAL REVIEWS BY THE JUSTICE CENTER OF A
DECISION BY THE REHABILITATION REVIEW COMMITTEE TO REFUSE TO RELEASE A
RESIDENT, HOWEVER, UNDER NO CIRCUMSTANCES SHALL ANY SUCH PERSON BE HELD
IN THE RESIDENTIAL REHABILITATION UNIT FOR MORE THAN THREE YEARS UNLESS
THE REHABILITATION REVIEW COMMITTEE DETERMINES HE OR SHE COMMITTED AN
ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION
WITHIN ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION OF THE THREE YEAR
PERIOD AND POSES A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY OR
SECURITY OF INCARCERATED PERSONS OR STAFF.
(V) AFTER EACH ASSESSMENT COMMITTEE AND REHABILITATION REVIEW COMMIT-
TEE DECISION, IF A RESIDENT IS NOT DISCHARGED FROM THE RESIDENTIAL REHA-
BILITATION UNIT, THE RESPECTIVE COMMITTEE SHALL SPECIFY IN WRITING (A)
THE REASONS FOR THE DETERMINATION AND (B) THE PROGRAM, TREATMENT,
SERVICE, AND/OR CORRECTIVE ACTION REQUIREMENTS FOR DISCHARGE. THE RESI-
DENT SHALL BE GIVEN ACCESS TO THE PROGRAMS, TREATMENT AND SERVICES SPEC-
IFIED, AND SHALL BE DISCHARGED FROM THE RESIDENTIAL REHABILITATION UNIT
UPON COMPLETION UNLESS THE RESIDENT HAS COMMITTED AN ACT LISTED IN
SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION DURING THE
PREVIOUS ONE HUNDRED TWENTY DAYS.
(VI) WHEN A RESIDENT IS DISCHARGED FROM A RESIDENTIAL REHABILITATION
UNIT, ANY REMAINING SENTENCE TO SEGREGATED CONFINEMENT TIME WILL BE
DISMISSED. IF A RESIDENT SUBSTANTIALLY COMPLETES HIS REHABILITATION
PLAN, HE OR SHE WILL HAVE ALL GOOD TIME RESTORED UPON DISCHARGE FROM THE
UNIT.
(M) ALL STAFF, INCLUDING SUPERVISORY STAFF, WORKING IN A SEGREGATED
CONFINEMENT OR RESIDENTIAL REHABILITATION UNIT SHALL UNDERGO A MINIMUM
OF FORTY HOURS OF TRAINING PRIOR TO WORKING ON THE UNIT AND TWENTY-FOUR
HOURS ANNUALLY THEREAFTER, ON SUBSTANTIVE CONTENT DEVELOPED IN CONSULTA-
TION WITH RELEVANT EXPERTS, INCLUDING TRAUMA, PSYCHIATRIC AND RESTORA-
TIVE JUSTICE EXPERTS, ON TOPICS INCLUDING, BUT NOT LIMITED TO, THE
PURPOSE AND GOALS OF THE NON-PUNITIVE THERAPEUTIC ENVIRONMENT AND
DISPUTE RESOLUTION METHODS. PRIOR TO PRESIDING OVER ANY HEARINGS, ALL
HEARING OFFICERS SHALL UNDERGO A MINIMUM OF FORTY HOURS OF TRAINING, AND
EIGHT HOURS ANNUALLY THEREAFTER, ON RELEVANT TOPICS, INCLUDING BUT NOT
LIMITED TO, THE PHYSICAL AND PSYCHOLOGICAL EFFECTS OF SEGREGATED
CONFINEMENT, PROCEDURAL AND DUE PROCESS RIGHTS OF THE ACCUSED, AND
RESTORATIVE JUSTICE REMEDIES.
(N) THE DEPARTMENT SHALL MAKE PUBLICLY AVAILABLE MONTHLY REPORTS OF
THE NUMBER OF PEOPLE AS OF THE FIRST DAY OF EACH MONTH, AND SEMI-ANNUAL
AND ANNUAL CUMULATIVE REPORTS OF THE TOTAL NUMBER OF PEOPLE, WHO ARE (I)
IN SEGREGATED CONFINEMENT; AND (II) IN RESIDENTIAL REHABILITATION UNITS;
ALONG WITH A BREAKDOWN OF THE NUMBER OF PEOPLE (III) IN SEGREGATED
CONFINEMENT AND (IV) IN RESIDENTIAL REHABILITATION UNITS BY (A) AGE; (B)
RACE; (C) GENDER; (D) MENTAL HEALTH LEVEL; (E) HEALTH STATUS; (F) DRUG
ADDICTION STATUS; (G) PREGNANCY STATUS; (H) LESBIAN, GAY, BISEXUAL,
TRANSGENDER, OR INTERSEX STATUS; AND (I) TOTAL CONTINUOUS LENGTH OF
STAY, AND TOTAL LENGTH OF STAY IN THE PAST SIXTY DAYS, IN SEGREGATED
CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT.
S 5. Section 401-a of the correction law is amended by adding a new
subdivision 4 to read as follows:
4. THE JUSTICE CENTER SHALL ASSESS COMPLIANCE WITH THE TERMS OF, AND
AT LEAST ANNUALLY REPORT ON AND MAKE RECOMMENDATIONS TO THE DEPARTMENT,
LEGISLATURE, AND PUBLIC IN WRITING, REGARDING ALL ASPECTS OF SEGREGATED
CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS IN STATE CORRECTIONAL
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FACILITIES PURSUANT TO SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER,
INCLUDING BUT NOT LIMITED TO POLICIES AND PRACTICES REGARDING: (A)
PLACEMENT OF PERSONS; (B) SPECIAL POPULATIONS; (C) LENGTH OF TIME SPENT;
(D) HEARINGS AND PROCEDURES; (E) CONDITIONS, PROGRAMS, SERVICES, CARE,
AND TREATMENT; AND (F) ASSESSMENTS AND REHABILITATION PLANS, AND PROCE-
DURES AND DETERMINATIONS MADE AS TO WHETHER PERSONS SHOULD REMAIN IN
RESIDENTIAL REHABILITATION UNITS.
S 6. Subdivision 4 of section 45 of the correction law, as amended by
section 15 of subpart A of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
4. (A) Establish procedures to assure effective investigation of
grievances of, and conditions affecting, inmates of local correctional
facilities. Such procedures shall include but not be limited to receipt
of written complaints, interviews of persons, and on-site monitoring of
conditions. In addition, the commission shall establish procedures for
the speedy and impartial review of grievances referred to it by the
commissioner of the department of corrections and community supervision.
(B) THE COMMISSION SHALL ALSO ASSESS COMPLIANCE WITH THE TERMS OF, AND
AT LEAST ANNUALLY REPORT ON AND MAKE RECOMMENDATIONS TO THE DEPARTMENT,
LEGISLATURE, AND PUBLIC, REGARDING ALL ASPECTS OF SEGREGATED CONFINEMENT
AND RESIDENTIAL REHABILITATION UNITS IN FACILITIES GOVERNED BY SECTION
FIVE HUNDRED-K OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO POLICIES
AND PRACTICES FOR BOTH REGARDING: (I) PLACEMENT OF PERSONS; (II) SPECIAL
POPULATIONS; (III) LENGTH OF TIME SPENT; (IV) HEARINGS AND PROCEDURES;
(V) CONDITIONS, PROGRAMS, SERVICES, CARE, AND TREATMENT; AND (VI)
ASSESSMENTS AND REHABILITATION PLANS, AND PROCEDURES AND DETERMINATIONS
MADE AS TO WHETHER PERSONS SHOULD REMAIN IN RESIDENTIAL REHABILITATION
UNITS.
S 7. This act shall take effect immediately.