Assembly Actions -
Senate Actions - UPPERCASE
|May 10, 2018||
referred to crime victims, crime and correction
Senate Bill S8642
2017-2018 Legislative Session
Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2017-S8642 (ACTIVE) - Details
2017-S8642 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8642 SPONSOR: SEPULVEDA TITLE OF BILL: An act to amend the correction law, in relation to requiring structured out-of-cell programming for adolescents in segre- gated disciplinary confinement PURPOSE: To exclude prisoners under the age of 21 from solitary confinement in New York correctional facilities. SUMMARY OF PROVISIONS: Section 1 amends subdivision 6 of correction law 137 to add a new cate- gory of exclusion to the statute governing disciplinary confinement. Section 2 adds a new paragraph g to correction law 137 (6) providing that inmates under the age of 21 must be given out-of-cell programming and physical exercise when in segregated confinement and may not be held in punitive isolation or placed in adult solitary confinement units.
2017-S8642 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8642 I N S E N A T E May 10, 2018 ___________ Introduced by Sen. SEPULVEDA -- 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, 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 SHALL BE IMMEDIATELY REFERRED TO THE COMMISSIONER FOR REVIEW AND RESOL- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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