Senate Bill S5900A

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

                                 5900--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 10, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules  --  recom-
  mitted  to  the  Committee  on  Crime Victims, Crime and Correction in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the correction law, in relation to  segregated  confine-
  ment

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

  Section 1. 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  of
an  inmate  in  a special housing unit or in a separate keeplock housing
unit.  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 2. 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
and two new paragraphs (g) and (h) are added to read as follows:
  Except as provided in paragraphs (d) [and], (e), (G) AND (H)  of  this
subdivision,  AS  A  MEASURE  OF  LAST  RESORT,  the superintendent of a
correctional facility, UNDER SUPERVISION OF THE COMMISSIONER,  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 MINIMAL period as may be necessary for maintenance of order or
discipline, but in any such  case  the  following  conditions  shall  be
observed:
  (G) SEGREGATED CONFINEMENT IS PROHIBITED FOR THE FOLLOWING INMATES:
  (I) JUVENILES UNDER THE AGE OF TWENTY-ONE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06018-07-6
              

S. 5900--A                          2

  (II) ANY PERSON WITH A MENTAL ILLNESS OR A DEVELOPMENTAL DISABILITY AS
DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW; AND
  (III) ANY PERSON WHO HAS A PERMANENT PHYSICAL DISABILITY DOCUMENTED IN
HIS  OR  HER MEDICAL RECORDS THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR
LIFE ACTIVITIES. FOR THE  PURPOSES  OF  THIS  SUBDIVISION,  "MAJOR  LIFE
ACTIVITIES"  MEANS FUNCTIONS SUCH AS WALKING, SEEING, HEARING AND SPEAK-
ING.
  (H) THE COMMISSIONER SHALL COMPILE AND PUBLISH COMPREHENSIVE DISAGGRE-
GATED DATA ON THE  USE  OF  SEGREGATED  CONFINEMENT,  INCLUDING  RELATED
SUICIDE ATTEMPTS AND SELF-HARM, ON A QUARTERLY BASIS.
  S  3.  Subdivision 3 of section 138 of the correction law, as added by
chapter 231 of the laws of 1975, is amended to read as follows:
  3. Facility rules shall be specific and  precise  giving  all  inmates
actual  notice of the conduct prohibited. Facility rules shall state the
range of disciplinary sanctions which can be imposed  for  violation  of
each  rule  BUT  ANY SANCTION OF SEGREGATED CONFINEMENT SHALL BE FOR THE
MINIMUM PERIOD NECESSARY FOR THE MAINTENANCE OF ORDER OR DISCIPLINE.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.