S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5818
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced  by  M.  of A. ROZIC, O'DONNELL, PERRY, BLAKE, MOSLEY -- read
   once and referred to the Committee on Correction
 
 AN ACT to amend the correction law, in relation to requiring  structured
   out-of-cell  programming  for  adolescents  in segregated disciplinary
   confinement

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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 to read as follows:
   Except as provided in paragraphs (d) [and], (e) AND (G) of this subdi-
 vision,  the  superintendent  of  a  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 period as may be necessary for maintenance of order  or  disci-
 pline, but in any such case the following conditions shall be observed:
   §  2. Subdivision 6 of section 137 of the correction law is amended by
 adding a new paragraph (g) to read as follows:
   (G) ANY INMATE UNDER THE AGE OF TWENTY-ONE WHO IS IN SEGREGATED DISCI-
 PLINARY CONFINEMENT MUST BE OFFERED AT LEAST FOUR HOURS A DAY OF  STRUC-
 TURED  OUT-OF-CELL  PROGRAMMING,  IN  ADDITION  TO  EXERCISE, AND MAY BE
 PROVIDED WITH ADDITIONAL OUT-OF-CELL ACTIVITIES FOR GOOD  BEHAVIOR.  THE
 INMATE'S  EDUCATION,  MENTAL  HEALTH AND OTHER PROGRAMMING NEEDS MUST BE
 ADDRESSED DURING ANY SUCH  PERIOD  OF  SEGREGATED  CONFINEMENT  AND  THE
 INMATE MUST BE GIVEN SIGNIFICANT DAILY OPPORTUNITY TO ENGAGE IN PHYSICAL
 ACTIVITY.  NO SUCH INMATE SHALL BE KEPT IN PUNITIVE ISOLATION, BE DENIED
 TELEPHONE CALLS OR VISITS OR BE PLACED ON A RESTRICTIVE DIET AS A  SANC-
 TION  FOR MISBEHAVIOR. SUCH INMATES MAY NOT BE HOUSED IN A SPECIAL HOUS-
 ING UNIT FOR ADULTS UNLESS THERE  ARE  EXCEPTIONAL  CIRCUMSTANCES  WHICH
 WOULD  CREATE  AN  UNACCEPTABLE RISK TO THE SAFETY AND SECURITY OF OTHER
 INMATES OR STAFF. IN SUCH EXCEPTIONAL CIRCUMSTANCES  THE  INMATE'S  CASE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05028-01-7

 A. 5818                             2
 
 SHALL  BE IMMEDIATELY REFERRED TO THE COMMISSIONER FOR REVIEW AND RESOL-
 UTION. ANY SUCH PLACEMENT IN AN ADULT SPECIAL  HOUSING  UNIT  SHALL  NOT
 EXCEED FIFTEEN DAYS.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.