NY State Senate Bill 2015-S6219

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

2015-S6219 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §120-a, amd §§2, 137 & 401-a, rpld §137 sub 6 ¶(d), ¶(e) sub¶ (vi), §401 sub 5, §401-a sub 2, Cor L; amd §553, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S2445

2015-S6219 (ACTIVE) - Summary

Prohibits the housing of persons in segregated confinement.

2015-S6219 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6219

 TITLE OF BILL :

An act to amend the correction law and the executive law, in relation
to prohibiting the housing of persons in segregated confinement; and
to repeal certain provisions of the correction law relating thereto

 PURPOSE :

prohibits the housing of persons in segregated confinement

 SUMMARY OF PROVISIONS :

Section 1. The corrections law is amended by adding a new section
120-a to read as follows: § 120-a. Segregated confinement prohibited.
Notwithstanding any other provision of law, no person housed or
confined in a correctional facility shall be placed in segregated
confinement. 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 term "segregated confinement"
shall have the same meaning set forth in subdivision twenty-three of
section two of this chapter.

 EXISTING LAW :

New

 JUSTIFICATION :

Solitary - "Segregated" confinement is a form of imprisonment in which
an inmate is isolated from any human contact, though often with the
exception of members of prison staff. It is sometimes employed as a
form of punishment beyond incarceration for a prisoner and has been
cited as an additional measure of protection for the inmate. This form
of punishment is also given for violations of prison regulations. It
is also used as a form of protective custody and to prevent in the
case of suicide, restriction from items that could disrupt the
prisoners health. Research surrounding possible psychological and
physiological effects of solitary confinement date back to the 1860s.
Prison records from the Denmark institute during 1870-1920 indicate
that staff noticed inmates were exhibiting signs of mental illnesses
while in isolation, revealing that this persistent problem has been
around for decades. The first comment by the Supreme Court of the
United States about solitary confinement's effect on prisoner mental
status was made in 1890 (In re Medley 134 U.S. 160). In it the court
found that the use of solitary confinement produced reduced mental and
physical capabilities.143 The use of solitary confinement in prisons
was first introduced in order to regulate unruly prisoners, and keep
them separated from the rest of the prison population. However,
Solitary Confinement has been linked to several developments of mental
disorders, one of which being Ganser Syndrome. A man developed ganser
syndrome after being held in solitary confinement for a long term
sentence; however, this development is seen as rare, and unlikely in
most cases. The effects of solitary confinement on mental health are
undeniable. According to the Journal of the American Academy of
Psychiatry online, solitary confinement can cause an array of mental
disorders, as well as provoke an already existing mental disorder in a
prisoner, causing more trauma and symptoms. Solitary Confinement is a
form of imprisonment practiced world wide, however, no "positive
effects" of the punishment have been proven

 LEGISLATIVE HISTORY :

New

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6219 (ACTIVE) - Bill Text download pdf

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

                                  6219

                            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 and the executive law, in relation to
  prohibiting  the  housing of persons in segregated confinement; and to
  repeal certain provisions of the correction law relating thereto

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

  Section  1.  The correction law is amend by adding a new section 120-a
to read as follows;
  S 120-A. SEGREGATED CONFINEMENT PROHIBITED. NOTWITHSTANDING ANY  OTHER
PROVISION OF LAW, NO PERSON HOUSED OR CONFINED IN A CORRECTIONAL FACILI-
TY  SHALL  BE  PLACED  IN  SEGREGATED  CONFINEMENT. 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 SUBDI-
VISION TWENTY-THREE OF SECTION TWO OF THIS CHAPTER.
  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 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 3. Subdivision 24 of section 2 of the correction law,  as  added  by
chapter 1 of the laws of 2008, is amended to read as follows:
  24.  "Joint  case  management committee" means a committee composed of
staff from the department and  the  office  of  mental  health.  Such  a
committee shall be established at each level one and level two facility.
Each  committee  shall  consist  of  at  least two clinical staff of the
office of mental health and two officials of the department. The purpose
of such committee shall be to review, monitor and coordinate the  behav-

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

                      [ ] is old law to be omitted.
                                                           LBD11837-01-5

S. 6219                             2

ior  and  treatment  plan  of  any  inmate  who is placed in [segregated
confinement or] a residential mental health treatment unit  and  who  is
receiving services from the office of mental health.
  S  4.  Paragraph (d) of subdivision 6 of section 137 of the correction
law is REPEALED.
  S 5. The opening paragraph of subparagraph (i)  of  paragraph  (e)  of
subdivision  6 of section 137 of the correction law, as added by chapter
1 of the laws of 2008, is amended to read as follows:
  he or she has a current diagnosis of[, or is diagnosed at the  initial
or  any  subsequent  assessment conducted during the inmate's segregated
confinement with,] one or more of the following types of  Axis  I  diag-
noses,  as  described  in  the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders, and such diagnoses shall be made
based upon all relevant clinical factors, including but not  limited  to
symptoms related to such diagnoses:
  S  6.  Subparagraph  (vi) of paragraph (e) of subdivision 6 of section
137 of the correction law is REPEALED.
  S 7. Subdivision 5 of section 401 of the correction law is REPEALED.
  S 8. Subdivision 2 of section 401-a of the correction law is REPEALED.
  S 9. Subdivision 3 of section 401-a of the correction law, as  amended
by section 6 of part A of chapter 501 of the laws of 2012, is amended to
read as follows:
  3. The justice center shall appoint an advisory committee on psychiat-
ric  correctional  care  ("committee"), which shall be composed of inde-
pendent mental health experts  and  mental  health  advocates,  and  may
include  family  members  of former inmates with serious mental illness.
Such committee shall advise the justice center on its oversight  respon-
sibilities  pursuant to this section. The committee may also make recom-
mendations to the justice center regarding improvements to  prison-based
mental  health  care.  Nothing  in  this  subdivision shall be deemed to
authorize members of the committee to have access to a  correctional  or
mental  hygiene  facility  or  any  part of such a facility.   Provided,
however, newly appointed members of  the  advisory  committee  shall  be
provided  with  a tour of [a segregated confinement unit and] a residen-
tial mental health treatment unit, as selected by the commissioner.  Any
such  tour  shall  be  arranged  on a date and at a time selected by the
commissioner and upon such terms and conditions as are within  the  sole
discretion of the commissioner.
  S  10. Subdivision 24 of section 553 of the executive law, as added by
section 3 of part A of chapter 501 of the laws of 2012,  is  amended  to
read as follows:
  24.  To monitor and make recommendations regarding the quality of care
provided to inmates with serious mental illness, including those who are
in a residential mental health treatment unit  [or  segregated  confine-
ment] in facilities operated by the department of corrections and commu-
nity supervision, and oversee compliance with [paragraphs (d) and (e) of
subdivision  six  of section one hundred thirty-seven, and] section four
hundred one of  the  correction  law.  Such  responsibilities  shall  be
carried  out  in  accordance  with  section  four  hundred  one-a of the
correction law;
  S 11. This act shall take effect immediately.

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Senate Bill S6219

Sponsored By

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

2015-S6219 (ACTIVE) - Details

2015-S6219 (ACTIVE) - Summary

2015-S6219 (ACTIVE) - Sponsor Memo

2015-S6219 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6219

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Sponsored By

Jesse Hamilton

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

2015-S6219 (ACTIVE) - Details

2015-S6219 (ACTIVE) - Summary

2015-S6219 (ACTIVE) - Sponsor Memo

2015-S6219 (ACTIVE) - Bill Text download pdf

Comments