Senate Bill S6217

2015-2016 Legislative Session

Provides for the evaluation of inmates housed or confined in segregated confinement and establishes the task force on determining alternatives to segregated confinement

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to crime victims, crime and correction

2015-S6217 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §137-a, Cor L

2015-S6217 (ACTIVE) - Summary

Provides for the evaluation of inmates housed or confined in segregated confinement; establishes the task force on determining alternatives to segregated confinement.

2015-S6217 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6217

 TITLE OF BILL :

An act to amend the correction law, in relation to evaluation of
inmates housed or confined in segregated confinement; and to establish
the task force on determining alternatives to segregated confinement

 PURPOSE :

Provides for the evaluation of inmates housed or confined in
segregated confinement and establishes the task force on determining
alternatives to segregated confinement.

 SUMMARY OF PROVISIONS :

Section 1. The correction law is amended by adding a new section 137-a
to read as follows: § 137-a. Segregated confinement; inmate
evaluation. 1. Any inmate housed or confined in segregated confinement
at a correctional facility shall, prior to such confinement, be
evaluated by a health care professional licensed pursuant to article
one hundred thirty-one or one hundred sixty-three of the education
law. Such health care practitioner shall determine whether or not the
placement of such inmate in segregated confinement poses a substantial
risk of harm to such inmate and if such a risk is present, shall
disallow such housing or confinement.  2. Any inmate housed or confine

in segregated at a correctional facility shall, at least once every
five days during such confinement, be evaluated by a health care
professional licensed pursuant to article one hundred thirty-one or
one hundred sixty-three of the education law. Such health care
practitioner shall determine whether or not the continued housing or
confinement of such inmate in segregated confinement poses a
substantial risk of harm to such inmate and if such a risk is present,
shall terminate such housing or confinement. 3. For purposes of this
section the term "correctional facility" shall have the same meaning
set forth in subdivision three of section forty of this chapter and
the term "segregated confinement" shall have the same meaning set
forth in subdivision twenty-three of section two of this chapter.

 EXISTING LAW :

New

 JUSTIFICATION :

A total of 4,446 inmates died in 2013, an increase of 131 deaths since
2012. In 2013, a total of 967 jail inmates died while in the custody
of local jails. The number of deaths increased from 958 deaths in 2012
to 967 in 2013, while the jail population decreased 4%. As a result,
the overall mortality rate in local jails increased from 128 per
100,000 jail inmates in 2012 to 135 per 100,000 in 2013. Suicide and
heart disease have been the top two causes of death in local jails
since 2000. Suicide has been the leading cause of death in jails every
year since 2000. In 2013, a third (34%) of jail inmate deaths were due
to suicide. The suicide rate increased 14%, from 40 suicides per
100,000 jail inmates in 2012 to 46 per 100,000 in 2013.

Mentally ill offenders possess a unique set of circumstances and
needs. However, all too often, they cycle through the criminal justice
system without appropriate care to address their mental health. Their
recurring involvement in the criminal justice system is a pressing
concern. It also causes challenges involved in the reintegration of
mentally ill offenders into society.

 LEGISLATIVE HISTORY :

New

 FISCAL IMPLICATIONS :

TBD

 LOCAL FISCAL IMPLICATIONS :

TBD

 EFFECTIVE DATE :
This act shall take effect immediately; provided that section one of
this act shall take effect on the ninetieth day after it shall have
become law.

2015-S6217 (ACTIVE) - Bill Text download pdf

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

                                  6217

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by Sen. HAMILTON -- 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 evaluation of inmates
  housed  or  confined  in  segregated confinement; and to establish the
  task force on determining alternatives to segregated confinement

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

  Section 1. The correction law is amended by adding a new section 137-a
to read as follows:
  S  137-A.  SEGREGATED  CONFINEMENT;  INMATE  EVALUATION. 1. ANY INMATE
HOUSED OR CONFINED IN SEGREGATED CONFINEMENT AT A CORRECTIONAL  FACILITY
SHALL,  PRIOR TO SUCH CONFINEMENT, BE EVALUATED BY A HEALTH CARE PROFES-
SIONAL LICENSED PURSUANT  TO  ARTICLE  ONE  HUNDRED  THIRTY-ONE  OR  ONE
HUNDRED  SIXTY-THREE OF THE EDUCATION LAW. SUCH HEALTH CARE PRACTITIONER
SHALL DETERMINE WHETHER OR NOT THE PLACEMENT OF SUCH  INMATE  IN  SEGRE-
GATED CONFINEMENT POSES A SUBSTANTIAL RISK OF HARM TO SUCH INMATE AND IF
SUCH A RISK IS PRESENT, SHALL DISALLOW SUCH HOUSING OR CONFINEMENT.
  2.  ANY  INMATE  HOUSED  OR  CONFINED  IN  SEGREGATED CONFINEMENT AT A
CORRECTIONAL FACILITY SHALL, AT LEAST ONCE EVERY FIVE DAYS  DURING  SUCH
CONFINEMENT,  BE EVALUATED BY A HEALTH CARE PROFESSIONAL LICENSED PURSU-
ANT TO ARTICLE ONE HUNDRED THIRTY-ONE OR ONE HUNDRED SIXTY-THREE OF  THE
EDUCATION  LAW. SUCH HEALTH CARE PRACTITIONER SHALL DETERMINE WHETHER OR
NOT THE CONTINUED HOUSING OR CONFINEMENT OF SUCH  INMATE  IN  SEGREGATED
CONFINEMENT  POSES A SUBSTANTIAL RISK OF HARM TO SUCH INMATE AND IF SUCH
A RISK IS PRESENT, SHALL TERMINATE SUCH HOUSING OR CONFINEMENT.
  3. FOR PURPOSES OF THIS SECTION THE TERM "CORRECTIONAL FACILITY" SHALL
HAVE THE SAME MEANING SET FORTH IN SUBDIVISION THREE OF SECTION FORTY OF
THIS CHAPTER AND THE TERM "SEGREGATED CONFINEMENT" SHALL HAVE  THE  SAME
MEANING  SET  FORTH  IN  SUBDIVISION TWENTY-THREE OF SECTION TWO OF THIS
CHAPTER.
  S 2. 1. The task  force  on  determining  alternatives  to  segregated
confinement  is  hereby  established  to examine, evaluate and determine

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD11839-01-5

S. 6217                             2

various and appropriate alternatives to segregated confinement at  state
and  local  correctional  facilities  and  how to specifically attend to
inmates who pose disciplinary problems, suffer from  mental  illness  or
are under the age of twenty-one.
  2.  (a)  Such  task  force shall consist of seven members who shall be
appointed as follows:  one shall be appointed by the governor; one shall
be appointed by the temporary president of  the  senate;  one  shall  be
appointed  by  the minority leader of the senate; one shall be appointed
by the speaker of the assembly; one shall be appointed by  the  minority
leader  of  the  assembly; one shall be appointed by the commissioner of
corrections and community supervision; and one shall be appointed by the
commissioner of mental health.  Appointments shall be made within  sixty
days  of the effective date of this section. Vacancies in the task force
shall be filled in the manner provided for original appointments.
  (b) All appointees shall  have  expertise  in  fields  or  disciplines
related  to  corrections and/or mental health. All appointments shall be
coordinated to ensure geographic representation from the entire state.
  (c) The task force shall be chaired by the  member  appointed  by  the
governor.  The  task  force shall elect a vice-chair and other necessary
officers from among all appointed members.
  (d) A majority of the members of the task force then in  office  shall
constitute  a  quorum for the transaction of business or the exercise of
any power or function of the task force. An act, determination or  deci-
sion  of  the  majority  of the members present during the presence of a
quorum shall be held to be the act, determination, or  decision  of  the
task force.
  (e)  The  task  force shall meet at least quarterly at the call of the
chair. Meetings may be held via teleconference. Special meetings may  be
called  by  the chair at the request of a majority of the members of the
task force.
  (f) Members of the task force shall receive no compensation for  their
services  but  shall be reimbursed for their actual expenses incurred in
the performance of their duties in the work of the task force.
  3. The task force established shall study and develop alternatives and
new approaches to segregated confinement at state and local correctional
facilities.
  4. The task force may, as it deems appropriate, request that  studies,
surveys,  or  analyses relating to the task force's powers and duties be
performed by any state department, commission, agency or public authori-
ty. All state departments, commissions, agencies or  public  authorities
shall  provide  information  and advice in a timely manner and otherwise
assist the task force with its work.
  5. The task force shall submit a  request  for  any  appropriation  as
shall be necessary to enable the task force to perform its functions and
duties  to  the  governor,  director  of the division of the budget, and
chairpersons of the senate finance committee and the assembly  ways  and
means  committee.  The  department  of  corrections  shall provide staff
services to the task force and such other administrative  assistance  as
may  be  necessary for the task force to carry out its duties, functions
and powers.
  6. The task force may hold public hearings, take  testimony  and  make
investigations at such places as it deems necessary.
  7.  The task force shall make a preliminary report to the governor and
the legislature of its findings, conclusions, recommendations and activ-
ities already undertaken by the  task  force,  not  later  than  January
first, two thousand sixteen, and a final report of its findings, conclu-

S. 6217                             3

sions,  recommendations  and  activities  already undertaken by the task
force, not later than January first, two thousand  seventeen  and  shall
submit  with  its reports legislative proposals as it deems necessary to
implement its recommendations.
  S 3. This act shall take effect immediately; provided that section one
of  this  act shall take effect on the ninetieth day after it shall have
become a law.

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Senate Bill S6217

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2015-S6217 (ACTIVE) - Details

2015-S6217 (ACTIVE) - Summary

2015-S6217 (ACTIVE) - Sponsor Memo

2015-S6217 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jesse Hamilton

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2015-S6217 (ACTIVE) - Details

2015-S6217 (ACTIVE) - Summary

2015-S6217 (ACTIVE) - Sponsor Memo

2015-S6217 (ACTIVE) - Bill Text download pdf

Comments