S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    989
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by  M.  of  A.  RICHARDSON  -- read once and referred to the
   Committee on Correction
 
 AN ACT to amend the correction law and the executive law, in relation to
   limiting the segregated  confinement  of  persons  in  a  correctional
   facility with serious mental illness

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (c), (d),  (e)  and  (f)  of  subdivision  6  of
 section  137  of  the correction law are relettered paragraphs (e), (f),
 (g) and (h) and two new paragraphs (c) and (d) are  added  and  subpara-
 graph  (i)  of  paragraph (f), as added by chapter 1 of the laws of 2008
 and such paragraph as relettered by this section, is amended to read  as
 follows:
   (C)  INMATES  SHALL  NOT  BE  IN  SEGREGATED CONFINEMENT FOR REASON OF
 DISCIPLINE, DETENTION, ADMINISTRATIVE SEGREGATION,  PROTECTIVE  CUSTODY,
 KEEPLOCK, OR ANY OTHER REASON FOR ADMISSION, UNLESS THEY HAVE ENGAGED IN
 HIGHLY  DANGEROUS,  VIOLENT  OR  SERIOUS  ESCAPE-RELATED  BEHAVIOR WHILE
 INCARCERATED IN THAT FACILITY;
   (D) CONFINEMENT IN SEGREGATED CONFINEMENT SHALL BE LIMITED TO NOT MORE
 THAN NINETY DAYS, EXCEPT FOR AN INMATE WHOSE BEHAVIOR EXPOSES A  PATTERN
 OF  EXTREME  VIOLENCE  OR DANGER TO HIMSELF OR OTHERS AND, PROVIDED THAT
 FOR THOSE CONFINED LONGER THAN NINETY DAYS,  THERE  SHALL  BE  A  REVIEW
 EVERY  NINETY  DAYS  BY  AN INDEPENDENT REVIEW BOARD, TO BE KNOWN AS THE
 INMATE'S SPECIAL  HOUSING  UNIT  REVIEW  COUNCIL  TO  DETERMINE  WHETHER
 CONTINUED  SEGREGATED CONFINEMENT IS WARRANTED AND NECESSARY. SUCH COUN-
 CIL SHALL BE COMPOSED OF SEVEN MEMBERS APPOINTED BY  THE  GOVERNOR  WITH
 THE  ADVICE  AND  CONSENT OF THE SENATE. ONE MEMBER SHALL BE AN ATTORNEY
 ADMITTED TO PRACTICE LAW IN THIS STATE, ONE MEMBER  SHALL  BE  A  MENTAL
 HEALTH  PROFESSIONAL,  ONE  MEMBER  SHALL  BE  A CRIMINAL JUSTICE EXPERT
 APPOINTED FROM WITHIN EMPLOYEES OF THE STATE UNIVERSITY SYSTEM, AND  ONE
 MEMBER SHALL BE A FORMER INMATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05591-01-7

 A. 989                              2
 
   (i)  Except  as  set  forth in clause (E) of subparagraph (ii) of this
 paragraph, the department, in consultation  with  mental  health  clini-
 cians,  shall  divert  TO A RESIDENTIAL MENTAL HEALTH TREATMENT UNIT, or
 SHALL  remove  inmates  with  serious  mental  illness  FROM  SEGREGATED
 CONFINEMENT,  WHETHER  SUCH  SERIOUS MENTAL ILLNESS, as defined in para-
 graph [(e)] (G) of this subdivision, [from segregated confinement, where
 such confinement could potentially be for a period in excess  of  thirty
 days,  to  a  residential  mental  health  treatment unit] PRECEDED SUCH
 CONFINEMENT OR DEVELOPED DURING THE COURSE OF SUCH CONFINEMENT.  Nothing
 in this paragraph shall be deemed to prevent  the  disciplinary  process
 from  proceeding in accordance with department rules and regulations for
 disciplinary hearings.
   § 2. Section 500-k of the correction law, as amended by chapter  2  of
 the laws of 2008, is amended to read as follows:
   §  500-k.  Treatment  of inmates. Subdivisions five and six of section
 one hundred thirty-seven of this chapter, except  paragraphs  [(d)]  (F)
 and [(e)] (G) of subdivision six of such section, relating to the treat-
 ment  of  inmates  in  state  correctional  facilities are applicable to
 inmates confined in county jails; except that  the  report  required  by
 paragraph  [(f)] (H) of subdivision six of such section shall be made to
 a person designated to receive such report in the rules and  regulations
 of  the  state  commission of correction, or in any county or city where
 there is a department of [correction] CORRECTIONAL SERVICES, to the head
 of such department.
   § 3. 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 confinement
 in facilities operated by the department of  corrections  and  community
 supervision,  and oversee compliance with paragraphs [(d)] (F) and [(e)]
 (G) 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;
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.