Assembly Bill A1905A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1905--A
                                                          Cal. No. 19
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL,  WEPRIN,  DILAN  -- read once and
   referred to the Committee on Correction --  reported  from  committee,
   advanced  to a third reading, amended and ordered reprinted, retaining
   its place on the order of third reading

 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.
   § 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 STATE
 correctional facility, UNDER SUPERVISION OF  THE  COMMISSIONER,  OR  THE
 SHERIFF OF A LOCAL 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  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;
   (II) ANY PERSON WITH A MENTAL ILLNESS OR A DEVELOPMENTAL DISABILITY AS
 DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04926-02-7

 A. 1905--A                          2
 
   (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.
   § 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.