NY State Senate Bill 2017-S2445

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 03, 2018	referred to crime victims, crime and correction
Jan 13, 2017	referred to crime victims, crime and correction

2017-S2445 (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 2015-2016 Legislative Session:: S6219

2017-S2445 (ACTIVE) - Summary

Prohibits the housing of persons in segregated confinement.

2017-S2445 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2445

 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. (3) 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).(4) In it the
court found that the use of solitary confinement produced reduced
mental and physical capabilities 141 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.

2017-S2445 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2445
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 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;
   § 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.
   § 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].
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00732-01-7

 S. 2445                             2
 
 office of mental health and two officials of the department. The purpose
 of such committee shall be to review, monitor and coordinate the  behav-
 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.
   § 4. Paragraph (d) of subdivision 6 of section 137 of  the  correction
 law is REPEALED.
   §  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:
   § 6. Subparagraph (vi) of paragraph (e) of subdivision  6  of  section
 137 of the correction law is REPEALED.
   § 7. Subdivision 5 of section 401 of the correction law is REPEALED.
   § 8. Subdivision 2 of section 401-a of the correction law is REPEALED.
   §  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.
   § 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;
   § 11. This act shall take effect immediately.

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Senate Bill S2445

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

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2017-S2445 (ACTIVE) - Details

2017-S2445 (ACTIVE) - Summary

2017-S2445 (ACTIVE) - Sponsor Memo

2017-S2445 (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

2017-S2445 (ACTIVE) - Details

2017-S2445 (ACTIVE) - Summary

2017-S2445 (ACTIVE) - Sponsor Memo

2017-S2445 (ACTIVE) - Bill Text download pdf

Comments