Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jun 12, 2018 | referred to rules delivered to senate passed assembly |
May 10, 2018 | advanced to third reading cal.861 |
May 08, 2018 | reported |
Mar 05, 2018 | reported referred to ways and means |
Feb 27, 2018 | reported referred to codes |
Feb 12, 2018 | print number 3080b |
Feb 12, 2018 | amend and recommit to correction |
Feb 08, 2018 | print number 3080a |
Feb 08, 2018 | amend and recommit to correction |
Jan 03, 2018 | referred to correction |
Jan 26, 2017 | referred to correction |
assembly Bill A3080B
2017-2018 Legislative Session
Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options
Sponsored By
AUBRY
Archive: Last Bill Status - Passed Assembly
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
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view actions (13)
Co-Sponsors
N. Nick Perry
Carmen E. Arroyo
Didi Barrett
Phil Steck
- view additional co-sponsors
Jose Rivera
Richard Gottfried
Vivian Cook
Ellen C. Jaffee
Maritza Davila
Donna Lupardo
Luis R. Sepúlveda
Walter T. Mosley
Felix Ortiz
Crystal Peoples-Stokes
Frank Skartados
Dan Quart
David Weprin
Linda Rosenthal
Barbara Lifton
Thomas Abinanti
J. Gary Pretlow
Rodneyse Bichotte
Inez Barron
Latrice Walker
Michael Blake
Robert J. Rodriguez
Patricia Fahy
Matthew Titone
John T. McDonald III
Kevin Cahill
Pamela Harris
Latoya Joyner
Addie Jenne
Michael Benedetto
Michaelle C. Solages
Diana Richardson
Victor M. Pichardo
Alicia Hyndman
Albert A. Stirpe
Michele Titus
Ron Kim
Aravella Simotas
Steven Otis
Shelley Mayer
Kimberly Jean-Pierre
Inez E. Dickens
Harry B. Bronson
Pamela J. Hunter
Nily Rozic
Robert C. Carroll
Marcos Crespo
Carmen De La Rosa
Erik Dilan
Clyde Vanel
Anthony D'Urso
Sandy Galef
Multi-Sponsors
Michael Cusick
Steven Englebright
Deborah Glick
Andrew Hevesi
- view additional multi-sponsors
Charles Lavine
Joseph Lentol
William Magee
Philip Ramos
Rebecca Seawright
Jo Anne Simon
Fred Thiele
Tremaine Wright
A3080 - Details
- See Senate Version of this Bill:
- S4784
- Current Committee:
- Senate Rules
- Law Section:
- Correction Law
- Laws Affected:
- Amd §§137, 138, 2, 401, 401-a, 500-k & 45, Cor L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014: A8588, S6466
2015-2016: A4401, S2659
2019-2020: A2500, S1623
2021-2022: A2277, S1757, S2836
A3080 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3080 2017-2018 Regular Sessions I N A S S E M B L Y January 26, 2017 ___________ Introduced by M. of A. AUBRY, PERRY, ARROYO, BARRETT, STECK, RIVERA, GOTTFRIED, COOK, JAFFEE, DAVILA, LUPARDO, SEPULVEDA, MOSLEY, ORTIZ, PEOPLES-STOKES, SKARTADOS, QUART, WEPRIN, ROSENTHAL, LIFTON, ABINANTI, PRETLOW, BICHOTTE, BARRON, WALKER, BLAKE, RODRIGUEZ, FAHY, TITONE, McDONALD, CAHILL, HARRIS, JOYNER, JENNE, BENEDETTO, SOLAGES, RICHARD- SON, PICHARDO, HYNDMAN, STIRPE, KAVANAGH, TITUS, KIM, SIMOTAS, OTIS, MAYER -- Multi-Sponsored by -- M. of A. CUSICK, ENGLEBRIGHT, FARRELL, GLICK, HEVESI, LAVINE, LENTOL, MAGEE, SEAWRIGHT, SIMON, THIELE -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to restricting the use of segregated confinement and creating alternative therapeutic and rehabilitative confinement options THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 137 of the correction law is amended by adding a new subdivision 5-a to read as follows: 5-A. THE USE OF SEGREGATED CONFINEMENT, EXCLUSION OF CERTAIN SPECIAL POPULATIONS, AND LENGTH OF TIME ANY PERSON CAN SPEND IN SEGREGATED CONFINEMENT SHALL BE RESTRICTED IN ACCORDANCE WITH PARAGRAPHS (G), (H), (I), (J), (K), (L), (M), AND (N) OF SUBDIVISION SIX OF THIS SECTION OR ANY OTHER APPLICABLE LAW. § 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, OTHER THAN FOR EMERGENCY CONFINEMENT AS DEFINED IN SUBDIVISION THIRTY- THREE OF THIS SECTION, OR FOR DOCUMENTED MEDICAL REASONS OR MENTAL HEALTH EMERGENCIES, of an inmate in a special housing unit or in a sepa- rate keeplock housing unit OR ANY FORM OF KEEPLOCK, OR CELL CONFINEMENT FOR MORE THAN SEVENTEEN HOURS A DAY OTHER THAN IN A FACILITY-WIDE LOCK- DOWN. Special housing units and separate keeplock units are housing units that consist of cells grouped so as to provide separation from the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD08286-01-7 A. 3080 2 general population, and may be used to house inmates confined pursuant to the disciplinary procedures described in regulations. § 3. Section 2 of the correction law is amended by adding five new subdivisions 32, 33, 34, 35, and 36 to read as follows: 32. "SPECIAL POPULATIONS" MEANS ANY PERSON: (A) TWENTY-ONE YEARS OF AGE OR YOUNGER; (B) FIFTY-FIVE YEARS OF AGE OR OLDER; (C) WITH A DISA- BILITY AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED NINE- TY-TWO OF THE EXECUTIVE LAW, INCLUDING BUT NOT LIMITED TO, FOR PURPOSES OF MENTAL IMPAIRMENT, PERSONS WITH A SERIOUS MENTAL ILLNESS AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER; (D) WHO IS PREGNANT, IS IN THE FIRST EIGHT WEEKS OF THE POST-PARTUM RECOVERY PERIOD AFTER GIVING BIRTH, OR IS CARING FOR A CHILD IN A CORRECTIONAL INSTITUTION PURSUANT TO SUBDIVISIONS TWO OR THREE OF SECTION SIX HUNDRED ELEVEN OF THIS CHAPTER; OR (E) WHO IS OR IS PERCEIVED TO BE LESBIAN, GAY, BISEXUAL, TRANSGENDER, OR INTERSEX. 33. "EMERGENCY CONFINEMENT" MEANS CONFINEMENT IN ANY CELL FOR NO MORE THAN TWENTY-FOUR CONSECUTIVE HOURS AND NO MORE THAN FORTY-EIGHT TOTAL HOURS IN ANY FIFTEEN DAY PERIOD, WITH AT LEAST ONE HOUR OF OUT-OF-CELL RECREATION FOR EVERY TWENTY-FOUR HOURS. 34. "SHORT-TERM SEGREGATED CONFINEMENT" MEANS SEGREGATED CONFINEMENT OF NO MORE THAN THREE CONSECUTIVE DAYS AND SIX DAYS TOTAL WITHIN ANY THIRTY DAY PERIOD. 35. "EXTENDED SEGREGATED CONFINEMENT" MEANS SEGREGATED CONFINEMENT OF NO MORE THAN FIFTEEN CONSECUTIVE DAYS AND TWENTY DAYS TOTAL WITHIN ANY SIXTY DAY PERIOD. 36. "RESIDENTIAL REHABILITATION UNIT" MEANS SECURE AND SEPARATE UNITS USED FOR THERAPY, TREATMENT, AND REHABILITATIVE PROGRAMMING OF PEOPLE WHO WOULD BE PLACED IN SEGREGATED CONFINEMENT FOR MORE THAN FIFTEEN DAYS. SUCH UNITS ARE THERAPEUTIC AND TRAUMA-INFORMED, AND AIM TO ADDRESS INDIVIDUAL TREATMENT AND REHABILITATION NEEDS AND UNDERLYING CAUSES OF PROBLEMATIC BEHAVIORS. § 4. Subdivision 6 of section 137 of the correction law is amended by adding eight new paragraphs (g), (h), (i), (j), (k), (l), (m), and (n) to read as follows: (G) PERSONS IN A SPECIAL POPULATION AS DEFINED IN SUBDIVISION THIRTY- TWO OF SECTION TWO OF THIS CHAPTER SHALL NOT BE PLACED IN SEGREGATED CONFINEMENT FOR ANY LENGTH OF TIME. ANY SUCH PERSONS THE DEPARTMENT WOULD OTHERWISE PLACE IN SEGREGATED CONFINEMENT SHALL REMAIN IN GENERAL POPULATION OR BE DIVERTED TO A RESIDENTIAL REHABILITATION UNIT. IF A PERSON IN A SPECIAL POPULATION IS PLACED IN EMERGENCY CONFINEMENT FOR MORE THAN SIXTEEN HOURS, HE OR SHE SHALL BE ALLOWED OUT-OF-CELL AT LEAST FOUR HOURS. (H) NO PERSON MAY BE IN SEGREGATED CONFINEMENT FOR LONGER THAN NECES- SARY AND NEVER MORE THAN FIFTEEN CONSECUTIVE DAYS NOR TWENTY TOTAL DAYS WITHIN ANY SIXTY DAY PERIOD. AT THESE LIMITS, PERSONS MUST BE RELEASED FROM SEGREGATED CONFINEMENT OR DIVERTED TO A SEPARATE SECURE RESIDENTIAL REHABILITATION UNIT. (I) (I) ALL SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS SHALL CREATE THE LEAST RESTRICTIVE ENVIRONMENT NECESSARY FOR THE SAFETY OF RESIDENTS, STAFF, AND THE SECURITY OF THE FACILITY. (II) PERSONS IN SEGREGATED CONFINEMENT SHALL BE ALLOWED OUT-OF-CELL AT LEAST FOUR HOURS PER DAY, INCLUDING AT LEAST ONE HOUR FOR RECREATION. PERSONS IN RESIDENTIAL REHABILITATION UNITS SHALL BE ALLOWED AT LEAST SIX HOURS PER DAY OUT-OF-CELL FOR PROGRAMMING, SERVICES, TREATMENT, AND/OR MEALS, AND AN ADDITIONAL MINIMUM OF ONE HOUR FOR RECREATION. RECREATION IN ALL UNITS SHALL TAKE PLACE IN A CONGREGATE SETTING, UNLESS A. 3080 3 EXCEPTIONAL CIRCUMSTANCES MEAN DOING SO WOULD CREATE A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER INCARCERATED PERSONS, STAFF, OR THE FACILITY. (III) PERSONS IN SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS SHALL: (A) RECEIVE AT LEAST COMPARABLE MEDICAL AND MENTAL HEALTH CARE TO GENERAL POPULATION, INCLUDING OBSTETRICAL AND GYNECOLOGICAL SERVICES, IN A SETTING ENSURING PRIVACY AND CONFIDENTIALITY; (B) HAVE THEIR BASIC NEEDS MET IN A MANNER COMPARABLE TO GENERAL POPULATION, AND NEVER HAVE RESTRICTED DIETS NOR ANY ORDER RESTRICTING ANY BASIC NEED IMPOSED AS A FORM OF PUNISHMENT; (C) IF IN A RESIDENTIAL REHABILITATION UNIT BE ABLE TO RETAIN ALL THEIR PROPERTY WITH THEM; (D) HAVE COMPARABLE ACCESS TO ALL SERVICES AND MATERIALS AS IN GENERAL POPULATION; AND (E) BE ABLE TO RETAIN PROGRAM MATERIALS, COMPLETE PROGRAM ASSIGNMENTS, AND CONTINUE UPON RETURN ALL UNCOMPLETED PROGRAMS THEY WERE IN PRIOR TO PLACEMENT IN SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT. (IV) WITHIN TEN DAYS OF ADMISSION TO A RESIDENTIAL REHABILITATION UNIT, AN ASSESSMENT COMMITTEE COMPRISED OF PROGRAM, REHABILITATION, MENTAL HEALTH, AND SECURITY STAFF SHALL ADMINISTER AN ASSESSMENT AND DEVELOP IN COLLABORATION WITH THE RESIDENT AN INDIVIDUAL REHABILITATION PLAN, BASED UPON THE PERSON'S MEDICAL, MENTAL HEALTH, AND PROGRAMMING NEEDS, THAT IDENTIFIES SPECIFIC GOALS AND PROGRAMS, TREATMENT, AND SERVICES TO BE OFFERED, WITH PROJECTED TIME FRAMES FOR COMPLETION AND RELEASE FROM THE RESIDENTIAL REHABILITATION UNIT. (V) RESIDENTS IN RESIDENTIAL REHABILITATION UNITS SHALL HAVE ACCESS TO PROGRAMS AND JOBS COMPARABLE TO ALL CORE OUT-OF-CELL PROGRAMS IN GENERAL POPULATION. SUCH RESIDENTS SHALL ALSO HAVE ACCESS TO ADDITIONAL OUT-OF- CELL, TRAUMA-INFORMED THERAPEUTIC PROGRAMMING AIMED AT PROMOTING PERSONAL DEVELOPMENT, ADDRESSING UNDERLYING CAUSES OF PROBLEMATIC BEHAV- IOR RESULTING IN PLACEMENT IN A RESIDENTIAL REHABILITATION UNIT, AND HELPING PREPARE FOR DISCHARGE FROM THE UNIT AND TO THE COMMUNITY. (VI) IF THE DEPARTMENT ESTABLISHES THAT A PERSON COMMITTED AN ACT DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION WHILE IN SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT AND POSES A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER RESIDENTS OR STAFF, THE DEPARTMENT MAY RESTRICT THAT PERSON'S PARTIC- IPATION IN PROGRAMMING AND OUT-OF-CELL TIME AS NECESSARY FOR THE SAFETY OF OTHER RESIDENTS AND STAFF. IF RESTRICTIONS ARE IMPOSED IN SEGREGATED CONFINEMENT, THE DEPARTMENT MUST STILL PROVIDE AT LEAST TWO HOURS OUT- OF-CELL TIME. IF RESTRICTIONS ARE IMPOSED IN A RESIDENTIAL REHABILI- TATION UNIT, THE DEPARTMENT SHALL DEVELOP A NEW REHABILITATION PLAN, PROVIDE AT LEAST THREE HOURS OUT-OF-CELL TIME, AND ON EACH DAY PROGRAM- MING RESTRICTIONS ARE IMPOSED PROVIDE AT LEAST TWO HOURS OF OUT-OF-CELL ONE-ON-ONE THERAPY WITH THE RESIDENT AND ONE HOUR OF OUT-OF-CELL RECRE- ATION. THE DEPARTMENT SHALL REMOVE ALL RESTRICTIONS WITHIN FIFTEEN DAYS, AND MAY NOT IMPOSE NEW RESTRICTIONS UNLESS THE PERSON COMMITS A NEW ACT DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION. (VII) RESTRAINTS SHALL NOT BE USED WHEN RESIDENTS LEAVE A CELL OR HOUSING AREA FOR ON-UNIT OPERATIONS, UNLESS A RESIDENT WAS FOUND AT A HEARING TO HAVE COMMITTED AN ACT OF VIOLENCE ON THE RESIDENTIAL REHABIL- ITATION UNIT WITHIN THE PREVIOUS SEVEN DAYS OR IS CURRENTLY ACTING IN AN UNACCEPTABLY VIOLENT MANNER, AND NOT USING RESTRAINTS WOULD CREATE A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER RESIDENTS OR STAFF. (VIII) THERE SHALL BE A PRESUMPTION AGAINST THE IMPOSITION OF MISBE- HAVIOR REPORTS, PURSUIT OF DISCIPLINARY CHARGES, OR IMPOSITION OF ADDI- A. 3080 4 TIONAL TIME IN SEGREGATED CONFINEMENT FOR INDIVIDUALS IN SEGREGATED CONFINEMENT OR RESIDENTIAL REHABILITATION UNITS. THE DEPARTMENT SHALL USE OTHER NON-DISCIPLINARY INTERVENTIONS TO ADDRESS ANY PROBLEMATIC BEHAVIOR. NO RESIDENT SHALL RECEIVE SEGREGATED CONFINEMENT TIME WHILE IN SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT EXCEPT WHERE IT IS DETERMINED PURSUANT TO A DISCIPLINARY HEARING THAT HE OR SHE COMMITTED ONE OR MORE ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION WHILE ON THE UNIT, AND THAT HE OR SHE POSES A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY OF RESIDENTS OR STAFF, OR THE SECURITY OF THE FACILITY. (J) (I) THE DEPARTMENT MAY PLACE A PERSON IN EMERGENCY CONFINEMENT WITHOUT A HEARING IF NECESSARY FOR IMMEDIATELY DEFUSING A SUBSTANTIAL AND IMMINENT THREAT TO SAFETY OR SECURITY OF INCARCERATED PERSONS OR STAFF. (II) THE DEPARTMENT IS ENCOURAGED TO USE RESPONSES OTHER THAN SEGRE- GATED CONFINEMENT IN RESPONSE TO DEPARTMENT RULE VIOLATIONS. THE DEPART- MENT MAY PLACE A PERSON IN SHORT TERM SEGREGATED CONFINEMENT IF IT DETERMINES, PURSUANT TO AN EVIDENTIARY HEARING, THAT THE PERSON COMMIT- TED A DEPARTMENT RULE VIOLATION WARRANTING SUCH CONFINEMENT AND THE LENGTH OF SEGREGATED CONFINEMENT IMPOSED IS PROPORTIONATE TO THE VIOLATION. (III) THE DEPARTMENT MAY PLACE A PERSON IN EXTENDED SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT ONLY IF, PURSUANT TO AN EVIDENTIARY HEARING, IT DETERMINES THE PERSON COMMITTED, WHILE UNDER DEPARTMENT CUSTODY, OR PRIOR TO CUSTODY IF THE COMMISSIONER OR HIS OR HER DESIGNEE DETERMINES IN WRITING BASED ON SPECIFIC OBJECTIVE CRITERIA THE ACTS WERE SO HEINOUS OR DESTRUCTIVE THAT GENERAL POPULATION HOUSING CREATES A SIGNIFICANT RISK OF IMMINENT SERIOUS PHYSICAL INJURY TO STAFF OR OTHER INCARCERATED PERSONS, ONE OF THE FOLLOWING ACTS: (A) CAUSING OR ATTEMPTING TO CAUSE SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON; (B) COMPELLING OR ATTEMPTING TO COMPEL ANOTHER PERSON, BY FORCE OR THREAT OF FORCE, TO ENGAGE IN A SEXUAL ACT; (C) EXTORTING ANOTHER, BY FORCE OR THREAT OF FORCE, FOR PROPERTY OR MONEY; (D) COERCING ANOTHER, BY FORCE OR THREAT OF FORCE, TO VIOLATE ANY RULE; (E) LEADING, ORGANIZ- ING, OR INCITING A SERIOUS DISTURBANCE THAT RESULTS IN THE TAKING OF A HOSTAGE, MAJOR PROPERTY DAMAGE, OR PHYSICAL HARM TO ANOTHER PERSON; (F) PROCURING DEADLY WEAPONS OR OTHER DANGEROUS CONTRABAND THAT POSES A SERIOUS THREAT TO THE SECURITY OF THE INSTITUTION; OR (G) ESCAPING, ATTEMPTING TO ESCAPE OR FACILITATING AN ESCAPE FROM A FACILITY, OR WHILE UNDER SUPERVISION OUTSIDE OF SUCH A FACILITY, RESULTING IN PHYSICAL HARM OR THREATENED PHYSICAL HARM TO OTHERS, OR IN MAJOR DESTRUCTION TO THE PHYSICAL PLANT. (IV) NO PERSON MAY BE HELD IN SEGREGATED CONFINEMENT FOR PROTECTIVE CUSTODY. ANY UNIT USED FOR PROTECTIVE CUSTODY MUST, AT A MINIMUM, CONFORM TO REQUIREMENTS GOVERNING RESIDENTIAL REHABILITATION UNITS UNDER PARAGRAPHS (I), (L), (M), AND (N) OF THIS SUBDIVISION. WHEN APPLIED TO A PERSON IN PROTECTIVE CUSTODY, THE CRITERIA IN SUBPARAGRAPH (II) AND CLAUSE (A) OF SUBPARAGRAPH (III) OF PARAGRAPH (L) OF THIS SUBDIVISION SHALL BE THAT "THE PERSON STILL IS IN NEED OF PROTECTIVE CUSTODY"; AND THE CRITERIA IN SUBPARAGRAPH (IV) OF PARAGRAPH (L) OF THIS SUBDIVISION SHALL BE THAT "THE PERSON IS IN VOLUNTARY PROTECTIVE CUSTODY." (K) (I) ALL HEARINGS TO DETERMINE IF A PERSON MAY BE PLACED IN SHORT TERM OR EXTENDED SEGREGATED CONFINEMENT SHALL OCCUR PRIOR TO PLACEMENT IN SEGREGATED CONFINEMENT UNLESS A SECURITY SUPERVISOR, WITH WRITTEN APPROVAL OF A FACILITY SUPERINTENDENT OR DESIGNEE, REASONABLY BELIEVES THE PERSON FITS THE CRITERIA FOR EXTENDED SEGREGATED CONFINEMENT. IF A A. 3080 5 HEARING DOES NOT TAKE PLACE PRIOR TO PLACEMENT, IT SHALL OCCUR AS SOON AS REASONABLY PRACTICABLE AND AT MOST WITHIN FIVE DAYS OF TRANSFER UNLESS THE CHARGED PERSON SEEKS MORE TIME. ALL HEARINGS SHALL AT A MINI- MUM COMPLY WITH THE STANDARDS OF ALL DEPARTMENT RULES FOR DISCIPLINARY HEARINGS AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN. PERSONS AT ALL HEARINGS SHALL BE PERMITTED TO BE REPRESENTED BY ANY PRO BONO OR RETAINED ATTORNEY, OR LAW STUDENT; OR ANY PARALEGAL OR INCARCERATED PERSON UNLESS THE DEPARTMENT REASONABLY DISAPPROVES OF SUCH PARALEGAL OR INCARCERATED PERSON BASED UPON OBJECTIVE WRITTEN CRITERIA DEVELOPED BY THE DEPARTMENT CONCERNING QUALIFICATIONS TO BE AN ASSISTANT AT A HEAR- ING. (II) ON NOTIFICATION A PERSON IS TO BE PLACED IN SEGREGATED CONFINE- MENT AND PRIOR TO SUCH PLACEMENT, HE OR SHE SHALL BE ASSESSED BY RELE- VANT LICENSED MEDICAL, SOCIAL, AND/OR MENTAL HEALTH PROFESSIONALS TO DETERMINE WHETHER HE OR SHE BELONGS TO ANY SPECIAL POPULATION AS DEFINED IN SUBDIVISION THIRTY-TWO OF SECTION TWO OF THIS CHAPTER. IF A PERSON DISPUTES A DETERMINATION THAT HE OR SHE IS NOT IN A SPECIAL POPULATION, HE OR SHE SHALL BE PROVIDED A HEARING WITHIN SEVENTY-TWO HOURS OF PLACE- MENT IN SEGREGATED CONFINEMENT TO CHALLENGE SUCH DETERMINATION. (L) (I) ANY SANCTION IMPOSED ON AN INCARCERATED PERSON REQUIRING SEGREGATED CONFINEMENT SHALL RUN WHILE THE PERSON IS IN A RESIDENTIAL REHABILITATION UNIT AND THE PERSON SHALL BE DISCHARGED FROM THE UNIT BEFORE OR AT THE TIME THAT SANCTION EXPIRES. (II) WITHIN THIRTY DAYS OF ADMISSION TO A RESIDENTIAL REHABILITATION UNIT AND EVERY SIXTY DAYS THEREAFTER, THE ASSESSMENT COMMITTEE SHALL REVIEW EACH RESIDENT'S PROGRESS AND DISCHARGE A RESIDENT UNLESS IT DETERMINES IN WRITING THROUGH CREDIBLE AND RELIABLE EVIDENCE THAT THERE IS CURRENTLY A SUBSTANTIAL LIKELIHOOD THAT THE RESIDENT WILL COMMIT AN ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION. (III) WITHIN ONE HUNDRED DAYS AFTER ADMISSION TO A RESIDENTIAL REHA- BILITATION UNIT AND EVERY ONE HUNDRED TWENTY DAYS THEREAFTER, A REHABIL- ITATION REVIEW COMMITTEE, COMPRISED OF CORRECTIONAL FACILITY EXECUTIVE LEVEL PROGRAM, REHABILITATION, AND SECURITY STAFF SHALL DISCHARGE A RESIDENT FROM A RESIDENTIAL REHABILITATION UNIT UNLESS IT DETERMINES IN WRITING, AFTER CONSIDERING THE RESIDENT'S ORAL STATEMENT AND ANY WRITTEN SUBMISSIONS BY THE RESIDENT OR OTHERS, THAT: (A) THERE IS CURRENTLY A SUBSTANTIAL LIKELIHOOD THAT THE RESIDENT WILL COMMIT AN ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION, SIGNIFICANT THERAPEUTIC REASONS EXIST FOR KEEPING THE RESIDENT IN THE UNIT TO COMPLETE SPECIFIC PROGRAM OR TREATMENT GOALS, AND REMAINING IN THE UNIT IS IN THE BEST INTEREST OF THE RESIDENT; OR (B) THE RESIDENT HAS COMMIT- TED AN ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDI- VISION DURING THE ONE HUNDRED TWENTY DAYS PRIOR TO THE REVIEW. (IV) IF A RESIDENT HAS SPENT ONE YEAR IN A RESIDENTIAL REHABILITATION UNIT OR IS WITHIN SIXTY DAYS OF A FIXED OR TENTATIVELY APPROVED DATE FOR RELEASE FROM A CORRECTIONAL FACILITY, HE SHALL BE DISCHARGED FROM THE UNIT UNLESS HE OR SHE COMMITTED AN ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION WITHIN THE PRIOR ONE HUNDRED EIGHTY DAYS OR HE OR SHE CAUSED THE DEATH OF ANOTHER PERSON WHILE UNDER DEPART- MENT CUSTODY OR ESCAPED OR ATTEMPTED TO ESCAPE FROM DEPARTMENT OR OTHER POLICE CUSTODY AND THE REHABILITATION REVIEW COMMITTEE DETERMINES HE OR SHE POSES A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY OR SECURITY OF INCARCERATED PERSONS OR STAFF, BUT IN ANY SUCH CASE THE DECISION NOT TO DISCHARGE SUCH PERSON SHALL BE IMMEDIATELY AND AUTOMATICALLY SUBJECTED TO AN INDEPENDENT REVIEW BY THE JUSTICE CENTER ENTITY WITH OVERSIGHT RESPONSIBILITIES UNDER SECTION FOUR HUNDRED ONE-A OF THIS A. 3080 6 CHAPTER, WITH TIMELY NOTICE GIVEN TO THE INCARCERATED PERSON OF THE SUBMISSION OF THE CASE TO THE JUSTICE CENTER AND OF THE DECISION OF THE JUSTICE CENTER. IF THE JUSTICE CENTER DISAGREES WITH THE DECISION TO NOT DISCHARGE, THE RESIDENT WILL BE IMMEDIATELY RELEASED FROM THE RESI- DENTIAL REHABILITATION UNIT. IF THE JUSTICE CENTER AGREES WITH THE DECI- SION TO NOT DISCHARGE, THE DISCHARGE PROCEDURES SET FORTH IN THIS PARA- GRAPH SHALL APPLY INCLUDING ANNUAL REVIEWS BY THE JUSTICE CENTER OF A DECISION BY THE REHABILITATION REVIEW COMMITTEE TO REFUSE TO RELEASE A RESIDENT, HOWEVER, UNDER NO CIRCUMSTANCES SHALL ANY SUCH PERSON BE HELD IN THE RESIDENTIAL REHABILITATION UNIT FOR MORE THAN THREE YEARS UNLESS THE REHABILITATION REVIEW COMMITTEE DETERMINES HE OR SHE COMMITTED AN ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION WITHIN ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION OF THE THREE YEAR PERIOD AND POSES A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY OR SECURITY OF INCARCERATED PERSONS OR STAFF. (V) AFTER EACH ASSESSMENT COMMITTEE AND REHABILITATION REVIEW COMMIT- TEE DECISION, IF A RESIDENT IS NOT DISCHARGED FROM THE RESIDENTIAL REHA- BILITATION UNIT, THE RESPECTIVE COMMITTEE SHALL SPECIFY IN WRITING (A) THE REASONS FOR THE DETERMINATION AND (B) THE PROGRAM, TREATMENT, SERVICE, AND/OR CORRECTIVE ACTION REQUIREMENTS FOR DISCHARGE. THE RESI- DENT SHALL BE GIVEN ACCESS TO THE PROGRAMS, TREATMENT AND SERVICES SPEC- IFIED, AND SHALL BE DISCHARGED FROM THE RESIDENTIAL REHABILITATION UNIT UPON COMPLETION UNLESS THE RESIDENT HAS COMMITTED AN ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION DURING THE PREVIOUS ONE HUNDRED TWENTY DAYS. (VI) WHEN A RESIDENT IS DISCHARGED FROM A RESIDENTIAL REHABILITATION UNIT, ANY REMAINING SENTENCE TO SEGREGATED CONFINEMENT TIME WILL BE DISMISSED. IF A RESIDENT SUBSTANTIALLY COMPLETES HIS REHABILITATION PLAN, HE OR SHE WILL HAVE ALL GOOD TIME RESTORED UPON DISCHARGE FROM THE UNIT. (M) ALL STAFF, INCLUDING SUPERVISORY STAFF, WORKING IN A SEGREGATED CONFINEMENT OR RESIDENTIAL REHABILITATION UNIT SHALL UNDERGO A MINIMUM OF FORTY HOURS OF TRAINING PRIOR TO WORKING ON THE UNIT AND TWENTY-FOUR HOURS ANNUALLY THEREAFTER, ON SUBSTANTIVE CONTENT DEVELOPED IN CONSULTA- TION WITH RELEVANT EXPERTS, INCLUDING TRAUMA, PSYCHIATRIC AND RESTORA- TIVE JUSTICE EXPERTS, ON TOPICS INCLUDING, BUT NOT LIMITED TO, THE PURPOSE AND GOALS OF THE NON-PUNITIVE THERAPEUTIC ENVIRONMENT AND DISPUTE RESOLUTION METHODS. PRIOR TO PRESIDING OVER ANY HEARINGS, ALL HEARING OFFICERS SHALL UNDERGO A MINIMUM OF FORTY HOURS OF TRAINING, AND EIGHT HOURS ANNUALLY THEREAFTER, ON RELEVANT TOPICS, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND PSYCHOLOGICAL EFFECTS OF SEGREGATED CONFINEMENT, PROCEDURAL AND DUE PROCESS RIGHTS OF THE ACCUSED, AND RESTORATIVE JUSTICE REMEDIES. (N) THE DEPARTMENT SHALL MAKE PUBLICLY AVAILABLE MONTHLY REPORTS OF THE NUMBER OF PEOPLE AS OF THE FIRST DAY OF EACH MONTH, AND SEMI-ANNUAL AND ANNUAL CUMULATIVE REPORTS OF THE TOTAL NUMBER OF PEOPLE, WHO ARE (I) IN SEGREGATED CONFINEMENT; AND (II) IN RESIDENTIAL REHABILITATION UNITS; ALONG WITH A BREAKDOWN OF THE NUMBER OF PEOPLE (III) IN SEGREGATED CONFINEMENT AND (IV) IN RESIDENTIAL REHABILITATION UNITS BY (A) AGE; (B) RACE; (C) GENDER; (D) MENTAL HEALTH LEVEL; (E) HEALTH STATUS; (F) DRUG ADDICTION STATUS; (G) PREGNANCY STATUS; (H) LESBIAN, GAY, BISEXUAL, TRANSGENDER, OR INTERSEX STATUS; AND (I) TOTAL CONTINUOUS LENGTH OF STAY, AND TOTAL LENGTH OF STAY IN THE PAST SIXTY DAYS, IN SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT. § 5. Section 401-a of the correction law is amended by adding a new subdivision 4 to read as follows: A. 3080 7 4. THE JUSTICE CENTER SHALL ASSESS COMPLIANCE WITH THE TERMS OF, AND AT LEAST ANNUALLY REPORT ON AND MAKE RECOMMENDATIONS TO THE DEPARTMENT, LEGISLATURE, AND PUBLIC IN WRITING, REGARDING ALL ASPECTS OF SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS IN STATE CORRECTIONAL FACILITIES PURSUANT TO SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO POLICIES AND PRACTICES REGARDING: (A) PLACEMENT OF PERSONS; (B) SPECIAL POPULATIONS; (C) LENGTH OF TIME SPENT; (D) HEARINGS AND PROCEDURES; (E) CONDITIONS, PROGRAMS, SERVICES, CARE, AND TREATMENT; AND (F) ASSESSMENTS AND REHABILITATION PLANS, AND PROCE- DURES AND DETERMINATIONS MADE AS TO WHETHER PERSONS SHOULD REMAIN IN RESIDENTIAL REHABILITATION UNITS. § 6. Subdivision 4 of section 45 of the correction law, as amended by section 15 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 4. (A) Establish procedures to assure effective investigation of grievances of, and conditions affecting, inmates of local correctional facilities. Such procedures shall include but not be limited to receipt of written complaints, interviews of persons, and on-site monitoring of conditions. In addition, the commission shall establish procedures for the speedy and impartial review of grievances referred to it by the commissioner of the department of corrections and community supervision. (B) THE COMMISSION SHALL ALSO ASSESS COMPLIANCE WITH THE TERMS OF, AND AT LEAST ANNUALLY REPORT ON AND MAKE RECOMMENDATIONS TO THE DEPARTMENT, LEGISLATURE, AND PUBLIC, REGARDING ALL ASPECTS OF SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS IN FACILITIES GOVERNED BY SECTION FIVE HUNDRED-K OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO POLICIES AND PRACTICES FOR BOTH REGARDING: (I) PLACEMENT OF PERSONS; (II) SPECIAL POPULATIONS; (III) LENGTH OF TIME SPENT; (IV) HEARINGS AND PROCEDURES; (V) CONDITIONS, PROGRAMS, SERVICES, CARE, AND TREATMENT; AND (VI) ASSESSMENTS AND REHABILITATION PLANS, AND PROCEDURES AND DETERMINATIONS MADE AS TO WHETHER PERSONS SHOULD REMAIN IN RESIDENTIAL REHABILITATION UNITS. § 7. This act shall take effect immediately.
Co-Sponsors
N. Nick Perry
Carmen E. Arroyo
Didi Barrett
Phil Steck
- view additional co-sponsors
Jose Rivera
Richard Gottfried
Vivian Cook
Ellen C. Jaffee
Maritza Davila
Donna Lupardo
Luis R. Sepúlveda
Walter T. Mosley
Felix Ortiz
Crystal Peoples-Stokes
Frank Skartados
Dan Quart
David Weprin
Linda Rosenthal
Barbara Lifton
Thomas Abinanti
J. Gary Pretlow
Rodneyse Bichotte
Inez Barron
Latrice Walker
Michael Blake
Robert J. Rodriguez
Patricia Fahy
Matthew Titone
John T. McDonald III
Kevin Cahill
Pamela Harris
Latoya Joyner
Addie Jenne
Michael Benedetto
Michaelle C. Solages
Diana Richardson
Victor M. Pichardo
Alicia Hyndman
Albert A. Stirpe
Michele Titus
Ron Kim
Aravella Simotas
Steven Otis
Shelley Mayer
Kimberly Jean-Pierre
Inez E. Dickens
Harry B. Bronson
Pamela J. Hunter
Nily Rozic
Robert C. Carroll
Marcos Crespo
Carmen De La Rosa
Erik Dilan
Clyde Vanel
Anthony D'Urso
Sandy Galef
Multi-Sponsors
Michael Cusick
Steven Englebright
Deborah Glick
Andrew Hevesi
- view additional multi-sponsors
Charles Lavine
Joseph Lentol
William Magee
Philip Ramos
Rebecca Seawright
Jo Anne Simon
Fred Thiele
Tremaine Wright
A3080A - Details
- See Senate Version of this Bill:
- S4784
- Current Committee:
- Senate Rules
- Law Section:
- Correction Law
- Laws Affected:
- Amd §§137, 138, 2, 401, 401-a, 500-k & 45, Cor L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014: A8588, S6466
2015-2016: A4401, S2659
2019-2020: A2500, S1623
2021-2022: A2277, S1757, S2836
A3080A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3080--A 2017-2018 Regular Sessions I N A S S E M B L Y January 26, 2017 ___________ Introduced by M. of A. AUBRY, PERRY, ARROYO, BARRETT, STECK, RIVERA, GOTTFRIED, COOK, JAFFEE, DAVILA, LUPARDO, SEPULVEDA, MOSLEY, ORTIZ, PEOPLES-STOKES, SKARTADOS, QUART, WEPRIN, L. ROSENTHAL, LIFTON, ABINANTI, PRETLOW, BICHOTTE, BARRON, WALKER, BLAKE, RODRIGUEZ, FAHY, TITONE, McDONALD, CAHILL, HARRIS, JOYNER, JENNE, BENEDETTO, SOLAGES, RICHARDSON, PICHARDO, HYNDMAN, STIRPE, TITUS, KIM, SIMOTAS, OTIS, MAYER, JEAN-PIERRE, DICKENS, BRONSON, HUNTER, ROZIC, CARROLL, CRESPO, DE LA ROSA, DILAN, VANEL, D'URSO, GALEF -- Multi-Sponsored by -- M. of A. CUSICK, ENGLEBRIGHT, GLICK, HEVESI, LAVINE, LENTOL, MAGEE, RAMOS, SEAWRIGHT, SIMON, THIELE, WRIGHT -- read once and referred to the Committee on Correction -- recommitted to the Committee on Correction in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, in relation to restricting the use of segregated confinement and creating alternative therapeutic and rehabilitative confinement options 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] ANY FORM OF CELL CONFINEMENT FOR MORE THAN SEVENTEEN HOURS A DAY OTHER THAN IN A FACILITY-WIDE EMERGENCY OR FOR THE PURPOSE OF PROVIDING MEDICAL OR MENTAL HEALTH TREATMENT. CELL CONFINEMENT THAT IS IMPLEMENTED DUE TO MEDICAL OR MENTAL HEALTH TREATMENT SHALL BE WITHIN A CLINICAL AREA IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD08286-04-8 A. 3080--A 2 THE CORRECTIONAL FACILITY OR IN AS CLOSE PROXIMITY TO A MEDICAL OR MENTAL HEALTH UNIT AS POSSIBLE. § 2. Section 2 of the correction law is amended by adding two new subdivisions 32 and 33 to read as follows: 32. "SPECIAL POPULATIONS" MEANS ANY PERSON: (A) TWENTY-ONE YEARS OF AGE OR YOUNGER; (B) FIFTY-FIVE YEARS OF AGE OR OLDER; (C) WITH A DISA- BILITY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW; OR (D) WHO IS PREGNANT, IN THE FIRST EIGHT WEEKS OF THE POST-PARTUM RECOVERY PERIOD AFTER GIVING BIRTH, OR CARING FOR A CHILD IN A CORRECTIONAL INSTITUTION PURSUANT TO SUBDIVISIONS TWO OR THREE OF SECTION SIX HUNDRED ELEVEN OF THIS CHAPTER. 33. "RESIDENTIAL REHABILITATION UNIT" MEANS A SEPARATE HOUSING UNIT USED FOR THERAPY, TREATMENT, AND REHABILITATIVE PROGRAMMING OF INCARCER- ATED PEOPLE WHO HAVE BEEN DETERMINED TO REQUIRE MORE THAN FIFTEEN DAYS OF SEGREGATED CONFINEMENT PURSUANT TO DEPARTMENT PROCEEDINGS. SUCH UNITS SHALL BE THERAPEUTIC AND TRAUMA-INFORMED, AND AIM TO ADDRESS INDIVIDUAL TREATMENT AND REHABILITATION NEEDS AND UNDERLYING CAUSES OF PROBLEMATIC BEHAVIORS. § 3. Paragraph (a) of subdivision 6 of section 137 of the correction law, as amended by chapter 490 of the laws of 1974, is amended to read as follows: (a) The inmate shall be supplied with a sufficient quantity of whole- some and nutritious food[, provided, however, that such food need not be the same as the food supplied to inmates who are participating in programs of the facility]; § 4. Paragraph (d) 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: (d) (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 or remove inmates with serious mental illness, as defined in paragraph (e) of this subdivision, from segregated confine- ment OR CONFINEMENT IN A RESIDENTIAL REHABILITATION UNIT, where such confinement could potentially be for a period in excess of thirty days, to a residential mental health treatment unit. Nothing in this para- graph shall be deemed to prevent the disciplinary process from proceed- ing in accordance with department rules and regulations for disciplinary hearings. (ii) (A) Upon placement of an inmate into segregated confinement OR A RESIDENTIAL REHABILITATION UNIT at a level one or level two facility, a suicide prevention screening instrument shall be administered by staff from the department or the office of mental health who has been trained for that purpose. If such a screening instrument reveals that the inmate is at risk of suicide, a mental health clinician shall be consulted and appropriate safety precautions shall be taken. Additionally, within one business day of the placement of such an inmate into segregated confine- ment at a level one or level two facility, the inmate shall be assessed by a mental health clinician. (B) Upon placement of an inmate into segregated confinement OR A RESI- DENTIAL REHABILITATION UNIT at a level three or level four facility, a suicide prevention screening instrument shall be administered by staff from the department or the office of mental health who has been trained for that purpose. If such a screening instrument reveals that the inmate is at risk of suicide, a mental health clinician shall be consulted and appropriate safety precautions shall be taken. All inmates placed in segregated confinement OR A RESIDENTIAL REHABILITATION UNIT at a level A. 3080--A 3 three or level four facility shall be assessed by a mental health clini- cian, within [fourteen] SEVEN days of such placement into segregated confinement. (C) At the initial assessment, if the mental health clinician finds that an inmate suffers from a serious mental illness, THAT PERSON SHALL BE DIVERTED OR REMOVED FROM SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT AND a recommendation shall be made whether excep- tional circumstances, as described in clause (E) of this subparagraph, exist. In a facility with a joint case management committee, such recom- mendation shall be made by such committee. In a facility without a joint case management committee, the recommendation shall be made jointly by a committee consisting of the facility's highest ranking mental health clinician, the deputy superintendent for security, and the deputy super- intendent for program services, or their equivalents. Any such recommen- dation shall be reviewed by the joint central office review committee. The administrative process described in this clause shall be completed within [fourteen] SEVEN days of the initial assessment, and if the result of such process is that the inmate should be removed from segre- gated confinement OR A RESIDENTIAL REHABILITATION UNIT, such removal shall occur as soon as practicable, but in no event more than seventy- two hours from the completion of the administrative process. PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION, NOTHING IN THIS SECTION SHALL PERMIT THE PLACEMENT OF AN INCARCERATED PERSON WITH SERIOUS MENTAL ILLNESS INTO SEGREGATED CONFINEMENT AT ANY TIME, EVEN FOR THE PURPOSES OF ASSESSMENT. (D) If an inmate with a serious mental illness is not diverted or removed to a residential mental health treatment unit, such inmate shall be DIVERTED TO A RESIDENTIAL REHABILITATION UNIT AND reassessed by a mental health clinician within fourteen days of the initial assessment and at least once every fourteen days thereafter. After each such addi- tional assessment, a recommendation as to whether such inmate should be removed from [segregated confinement] A RESIDENTIAL REHABILITATION UNIT shall be made and reviewed according to the process set forth in clause (C) of this subparagraph. (E) A recommendation or determination whether to remove an inmate from segregated confinement OR A RESIDENTIAL REHABILITATION UNIT shall take into account the assessing mental health clinicians' opinions as to the inmate's mental condition and treatment needs, and shall also take into account any safety and security concerns that would be posed by the inmate's removal, even if additional restrictions were placed on the inmate's access to treatment, property, services or privileges in a residential mental health treatment unit. A recommendation or determi- nation shall direct the inmate's removal from segregated confinement OR A RESIDENTIAL REHABILITATION UNIT except in the following exceptional circumstances: (1) when the reviewer finds that removal would pose a substantial risk to the safety of the inmate or other persons, or a substantial threat to the security of the facility, even if additional restrictions were placed on the inmate's access to treatment, property, services or privileges in a residential mental health treatment unit; or (2) when the assessing mental health clinician determines that such placement is in the inmate's best interests based on his or her mental condition and that removing such inmate to a residential mental health treatment unit would be detrimental to his or her mental condition. Any determination not to remove an inmate with serious mental illness from segregated confinement OR A RESIDENTIAL REHABILITATION UNIT shall be documented in writing and include the reasons for the determination. A. 3080--A 4 (iii) Inmates with serious mental illness who are not diverted or removed from [segregated confinement] A RESIDENTIAL REHABILITATION UNIT shall be offered a heightened level of MENTAL HEALTH care, involving a minimum of [two] THREE hours [each day, five days a week,] DAILY of out-of-cell therapeutic treatment and programming. This heightened level of care shall not be offered only in the following circumstances: (A) The heightened level of care shall not apply when an inmate with serious mental illness does not, in the reasonable judgment of a mental health clinician, require the heightened level of care. Such determi- nation shall be documented with a written statement of the basis of such determination and shall be reviewed by the Central New York Psychiatric Center clinical director or his or her designee. Such a determination is subject to change should the inmate's clinical status change. Such determination shall be reviewed and documented by a mental health clini- cian every thirty days, and in consultation with the Central New York Psychiatric Center clinical director or his or her designee not less than every ninety days. (B) The heightened level of care shall not apply in exceptional circumstances when providing such care would create an unacceptable risk to the safety and security of inmates or staff. Such determination shall be documented by security personnel together with the basis of such determination and shall be reviewed by the facility superintendent, in consultation with a mental health clinician, not less than every seven days for as long as the inmate remains in [segregated confinement] A RESIDENTIAL REHABILITATION UNIT. The facility shall attempt to resolve such exceptional circumstances so that the heightened level of care may be provided. If such exceptional circumstances remain unresolved for thirty days, the matter shall be referred to the joint central office review committee for review. (iv) [Inmates with serious mental illness who are not diverted or removed from segregated confinement shall not be placed on a restricted diet, unless there has been a written determination that the restricted diet is necessary for reasons of safety and security. If a restricted diet is imposed, it shall be limited to seven days, except in the excep- tional circumstances where the joint case management committee deter- mines that limiting the restricted diet to seven days would pose an unacceptable risk to the safety and security of inmates or staff. In such case, the need for a restricted diet shall be reassessed by the joint case management committee every seven days. (v)]All inmates in segregated confinement in a level one or level two facility who are not assessed with a serious mental illness at the initial assessment shall be offered at least one interview with a mental health clinician within [fourteen] SEVEN days of their initial mental health assessment, [and additional interviews at least every thirty days thereafter,] unless the mental health clinician at the most recent interview recommends an earlier interview or assessment. All inmates in [segregated confinement] A RESIDENTIAL REHABILITATION UNIT in a level three or level four facility who are not assessed with a serious mental illness at the initial assessment shall be offered at least one inter- view with a mental health clinician within thirty days of their initial mental health assessment, and additional interviews at least every nine- ty days thereafter, unless the mental health clinician at the most recent interview recommends an earlier interview or assessment. § 5. Subdivision 6 of section 137 of the correction law is amended by adding eight new paragraphs (g), (h), (i), (j), (k), (l), (m) and (n) to read as follows: A. 3080--A 5 (G) PERSONS IN A SPECIAL POPULATION AS DEFINED IN SUBDIVISION THIRTY- TWO OF SECTION TWO OF THIS CHAPTER SHALL NOT BE PLACED IN SEGREGATED CONFINEMENT FOR ANY LENGTH OF TIME, EXCEPT IN KEEPLOCK FOR A PERIOD PRIOR TO A DISCIPLINARY HEARING PURSUANT TO PARAGRAPH (K) OF THIS SUBDI- VISION. INDIVIDUALS IN A SPECIAL POPULATION WHO ARE IN KEEPLOCK PRIOR TO A DISCIPLINARY HEARING SHALL BE GIVEN SEVEN HOURS A DAY OUT-OF-CELL TIME OR SHALL BE TRANSFERRED TO A RESIDENTIAL REHABILITATION UNIT OR RESIDENTIAL MENTAL HEALTH TREATMENT UNIT AS EXPEDITIOUSLY AS POSSIBLE, BUT IN NO CASE LONGER THAN FORTY-EIGHT HOURS FROM THE TIME AN INDIVIDUAL IS ADMITTED TO KEEPLOCK. (H) NO PERSON MAY BE PLACED IN SEGREGATED CONFINEMENT FOR LONGER THAN NECESSARY AND NO MORE THAN FIFTEEN CONSECUTIVE DAYS OR TWENTY TOTAL DAYS WITHIN ANY SIXTY DAY PERIOD. AT THESE LIMITS, HE OR SHE MUST BE RELEASED FROM SEGREGATED CONFINEMENT OR DIVERTED TO A SEPARATE RESIDEN- TIAL REHABILITATION UNIT. IF PLACEMENT OF SUCH PERSON IN SEGREGATED CONFINEMENT WOULD EXCEED THE TWENTY-DAY LIMIT AND THE DEPARTMENT ESTAB- LISHES THAT THE PERSON COMMITTED AN ACT DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH (J) OF THIS SUBDIVISION, THE DEPARTMENT MAY PLACE THE PERSON IN SEGREGATED CONFINEMENT UNTIL ADMISSION TO A RESIDENTIAL REHABILI- TATION UNIT CAN BE EFFECTUATED. SUCH ADMISSION TO A RESIDENTIAL REHABIL- ITATION UNIT SHALL OCCUR AS EXPEDITIOUSLY AS POSSIBLE AND IN NO CASE TAKE LONGER THAN FORTY-EIGHT HOURS FROM THE TIME SUCH PERSON IS PLACED IN KEEPLOCK. (I) (I) ALL SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS SHALL CREATE THE LEAST RESTRICTIVE ENVIRONMENT NECESSARY FOR THE SAFETY OF INCARCERATED PERSONS, STAFF, AND THE SECURITY OF THE FACILITY. (II) PERSONS IN SEGREGATED CONFINEMENT SHALL BE OFFERED OUT-OF-CELL PROGRAMMING AT LEAST FOUR HOURS PER DAY, INCLUDING AT LEAST ONE HOUR FOR RECREATION. PERSONS ADMITTED TO RESIDENTIAL REHABILITATION UNITS SHALL BE OFFERED AT LEAST SIX HOURS OF DAILY OUT-OF-CELL CONGREGATE PROGRAM- MING, SERVICES, TREATMENT, AND/OR MEALS, WITH AN ADDITIONAL MINIMUM OF ONE HOUR FOR RECREATION. RECREATION IN ALL RESIDENTIAL REHABILITATION UNITS SHALL TAKE PLACE IN A CONGREGATE SETTING, UNLESS EXCEPTIONAL CIRCUMSTANCES MEAN DOING SO WOULD CREATE A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER INCARCERATED PERSONS, STAFF, OR THE FACILITY. (III) NO LIMITATION ON SERVICES, TREATMENT, OR BASIC NEEDS SUCH AS CLOTHING, FOOD AND BEDDING SHALL BE IMPOSED AS A FORM OF PUNISHMENT. IF PROVISION OF ANY SUCH SERVICES, TREATMENT OR BASIC NEEDS TO AN INDIVID- UAL WOULD CREATE A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF INCARCERATED PERSONS, STAFF, OR THE FACILITY, SUCH SERVICES, TREATMENT OR BASIC NEEDS MAY BE WITHHELD UNTIL IT REASONABLY APPEARS THAT THE RISK HAS ENDED. THE DEPARTMENT SHALL NOT IMPOSE RESTRICTED DIETS OR ANY OTHER CHANGE IN DIET AS A FORM OF PUNISHMENT. PERSONS IN A RESIDENTIAL REHABILITATION UNIT SHALL HAVE ACCESS TO ALL OF THEIR PERSONAL PROPERTY UNLESS AN INDIVIDUAL DETERMINATION IS MADE THAT HAVING A SPECIFIC ITEM WOULD POSE A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY OF INCARCERATED PERSONS OR STAFF OR THE SECURITY OF THE UNIT. (IV) UPON ADMISSION TO A RESIDENTIAL REHABILITATION UNIT, PROGRAM AND MENTAL HEALTH STAFF SHALL ADMINISTER ASSESSMENTS AND DEVELOP AN INDIVID- UAL REHABILITATION PLAN IN CONSULTATION WITH THE RESIDENT, BASED UPON HIS OR HER MEDICAL, MENTAL HEALTH, AND PROGRAMMING NEEDS. SUCH PLAN SHALL IDENTIFY SPECIFIC GOALS AND PROGRAMS, TREATMENT, AND SERVICES TO BE OFFERED, WITH PROJECTED TIME FRAMES FOR COMPLETION AND DISCHARGE FROM THE RESIDENTIAL REHABILITATION UNIT. A. 3080--A 6 (V) AN INCARCERATED PERSON IN A RESIDENTIAL REHABILITATION UNIT SHALL HAVE ACCESS TO PROGRAMS AND WORK ASSIGNMENTS COMPARABLE TO CORE PROGRAMS AND WORK ASSIGNMENTS IN GENERAL POPULATION. SUCH INCARCERATED PERSONS SHALL ALSO HAVE ACCESS TO ADDITIONAL OUT-OF-CELL, TRAUMA-INFORMED THERA- PEUTIC PROGRAMMING AIMED AT PROMOTING PERSONAL DEVELOPMENT, ADDRESSING UNDERLYING CAUSES OF PROBLEMATIC BEHAVIOR RESULTING IN PLACEMENT IN A RESIDENTIAL REHABILITATION UNIT, AND HELPING PREPARE FOR DISCHARGE FROM THE UNIT AND TO THE COMMUNITY. (VI) IF THE DEPARTMENT ESTABLISHES THAT A PERSON COMMITTED AN ACT DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF THIS SUBDIVISION WHILE IN SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT AND POSES A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER INCARCERATED PERSONS OR STAFF, THE DEPARTMENT MAY RESTRICT SUCH PERSON'S PARTICIPATION IN PROGRAMMING AND OUT-OF-CELL ACTIVITIES AS NECESSARY FOR THE SAFETY OF OTHER INCARCERATED PERSONS AND STAFF. IF SUCH RESTRICTIONS ARE IMPOSED, THE DEPARTMENT MUST PROVIDE AT LEAST FOUR HOURS OUT-OF-CELL TIME DAILY, INCLUDING AT LEAST TWO HOURS OF THERAPEUTIC PROGRAMMING AND TWO HOURS OF RECREATION, AND MUST MAKE REASONABLE EFFORTS TO REINSTATE ACCESS TO PROGRAMMING AS SOON AS POSSIBLE. IN NO CASE MAY SUCH RESTRICTIONS EXTEND BEYOND FIFTEEN DAYS UNLESS THE PERSON COMMITS A NEW ACT DEFINED HEREIN JUSTIFYING RESTRICTIONS ON PROGRAM ACCESS, OR IF THE COMMISSIONER AND, WHEN APPROPRIATE, THE COMMISSIONER OF MENTAL HEALTH PERSONALLY REASONABLY DETERMINE THAT THE PERSON POSES AN EXTRAORDINARY AND UNACCEPTABLE RISK OF IMMINENT HARM TO THE SAFETY OR SECURITY OF INCARCERATED PERSONS OR STAFF. ANY EXTENSION OF PROGRAM RESTRICTIONS BEYOND FIFTEEN DAYS MUST BE MEANINGFULLY REVIEWED AND APPROVED AT LEAST EVERY FIFTEEN DAYS BY THE COMMISSIONER AND, WHEN APPROPRIATE, BY THE COMMISSIONER OF MENTAL HEALTH. EACH REVIEW MUST CONSIDER THE IMPACT OF THERAPEUTIC PROGRAMMING PROVIDED DURING THE FIFTEEN-DAY PERIOD ON THE PERSON'S RISK OF IMMINENT HARM AND THE COMMISSIONER MUST ARTICULATE IN WRITING, WITH A COPY PROVIDED TO THE INCARCERATED PERSON, THE SPECIFIC REASON WHY THE PERSON CURRENTLY POSES AN EXTRAORDINARY AND UNACCEPTABLE RISK OF IMMINENT HARM TO THE SAFETY OR SECURITY OF INCARCERATED PERSONS OR STAFF. IN NO CASE MAY RESTRICTIONS IMPOSED BY THE COMMISSIONER EXTEND BEYOND NINETY DAYS UNLESS THE PERSON COMMITS A NEW ACT DEFINED HEREIN JUSTIFYING RESTRICTIONS ON PROGRAM ACCESS. (VII) RESTRAINTS SHALL NOT BE USED WHEN INCARCERATED PERSONS ARE PARTICIPATING IN OUT-OF-CELL ACTIVITIES WITHIN A RESIDENTIAL REHABILI- TATION UNIT UNLESS AN INDIVIDUAL ASSESSMENT IS MADE THAT RESTRAINTS ARE REQUIRED BECAUSE OF A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER INCARCERATED PERSONS OR STAFF. (J) (I) THE DEPARTMENT MAY PLACE A PERSON IN SEGREGATED CONFINEMENT FOR UP TO THREE CONSECUTIVE DAYS AND NO LONGER THAN SIX DAYS IN ANY THIRTY DAY PERIOD IF, PURSUANT TO AN EVIDENTIARY HEARING, IT DETERMINES THAT THE PERSON VIOLATED DEPARTMENT RULES WHICH PERMIT A PENALTY OF SEGREGATED CONFINEMENT. THE DEPARTMENT MAY NOT PLACE A PERSON IN SEGRE- GATED CONFINEMENT FOR LONGER THAN THREE CONSECUTIVE DAYS OR SIX DAYS TOTAL IN A THIRTY DAY PERIOD UNLESS THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH ARE MET. (II) THE DEPARTMENT MAY PLACE A PERSON IN SEGREGATED CONFINEMENT BEYOND THE LIMITS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR IN A RESIDEN- TIAL REHABILITATION UNIT ONLY IF, PURSUANT TO AN EVIDENTIARY HEARING, IT DETERMINES BY WRITTEN DECISION THAT THE PERSON COMMITTED ONE OF THE FOLLOWING ACTS AND IF THE COMMISSIONER OR HIS OR HER DESIGNEE DETERMINES IN WRITING BASED ON SPECIFIC OBJECTIVE CRITERIA THE ACTS WERE SO HEINOUS OR DESTRUCTIVE THAT PLACEMENT OF THE INDIVIDUAL IN GENERAL POPULATION A. 3080--A 7 HOUSING CREATES A SIGNIFICANT RISK OF IMMINENT SERIOUS PHYSICAL INJURY TO STAFF OR OTHER INCARCERATED PERSONS, AND CREATES AN UNREASONABLE RISK TO THE SECURITY OF THE FACILITY: (A) CAUSING OR ATTEMPTING TO CAUSE SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON OR MAKING AN IMMINENT THREAT OF SUCH SERIOUS PHYSICAL INJURY OR DEATH IF THE PERSON HAS A HISTORY OF CAUSING SUCH PHYSICAL INJURY OR DEATH AND THE COMMISSIONER AND, WHEN APPROPRIATE, THE COMMIS- SIONER OF MENTAL HEALTH OR THEIR DESIGNEES REASONABLY DETERMINE THAT THERE IS A STRONG LIKELIHOOD THAT THE PERSON WILL CARRY OUT SUCH THREAT. THE COMMISSIONER OF MENTAL HEALTH OR HIS OR HER DESIGNEE SHALL BE INVOLVED IN SUCH DETERMINATION IF THE PERSON IS OR HAS BEEN ON THE MENTAL HEALTH CASELOAD OR APPEARS TO REQUIRE PSYCHIATRIC ATTENTION. THE DEPARTMENT AND THE OFFICE OF MENTAL HEALTH SHALL PROMULGATE RULES AND REGULATIONS PERTAINING TO THIS CLAUSE; (B) COMPELLING OR ATTEMPTING TO COMPEL ANOTHER PERSON, BY FORCE OR THREAT OF FORCE, TO ENGAGE IN A SEXUAL ACT; (C) EXTORTING ANOTHER, BY FORCE OR THREAT OF FORCE, FOR PROPERTY OR MONEY; (D) COERCING ANOTHER, BY FORCE OR THREAT OF FORCE, TO VIOLATE ANY RULE; (E) LEADING, ORGANIZING, INCITING, OR ATTEMPTING TO CAUSE A RIOT, INSURRECTION, OR OTHER SIMILARLY SERIOUS DISTURBANCE THAT RESULTS IN THE TAKING OF A HOSTAGE, MAJOR PROPERTY DAMAGE, OR PHYSICAL HARM TO ANOTHER PERSON; (F) PROCURING DEADLY WEAPONS OR OTHER DANGEROUS CONTRABAND THAT POSES A SERIOUS THREAT TO THE SECURITY OF THE INSTITUTION; OR (G) ESCAPING, ATTEMPTING TO ESCAPE OR FACILITATING AN ESCAPE FROM A FACILITY OR ESCAPING OR ATTEMPTING TO ESCAPE WHILE UNDER SUPERVISION OUTSIDE SUCH FACILITY. FOR PURPOSES OF THIS SECTION, ATTEMPTING TO CAUSE A SERIOUS DISTURB- ANCE OR TO ESCAPE SHALL ONLY BE DETERMINED TO HAVE OCCURRED IF THERE IS A CLEAR FINDING THAT THE INMATE HAD THE INTENT TO CAUSE A SERIOUS DISTURBANCE OR THE INTENT TO ESCAPE AND HAD COMPLETED SIGNIFICANT ACTS IN THE ADVANCEMENT OF THE ATTEMPT TO CREATE A SERIOUS DISTURBANCE OR ESCAPE. EVIDENCE OF WITHDRAWAL OR ABANDONMENT OF A PLAN TO CAUSE A SERI- OUS DISTURBANCE OR TO ESCAPE SHALL NEGATE A FINDING OF INTENT. (III) NO PERSON MAY BE PLACED IN SEGREGATED CONFINEMENT OR A RESIDEN- TIAL REHABILITATION UNIT BASED ON THE SAME ACT OR INCIDENT THAT WAS PREVIOUSLY USED AS THE BASIS FOR SUCH PLACEMENT. (IV) NO PERSON MAY BE HELD IN SEGREGATED CONFINEMENT FOR PROTECTIVE CUSTODY. ANY UNIT USED FOR PROTECTIVE CUSTODY MUST, AT A MINIMUM, CONFORM TO REQUIREMENTS GOVERNING RESIDENTIAL REHABILITATION UNITS. (K) ALL HEARINGS TO DETERMINE IF A PERSON MAY BE PLACED IN SEGREGATED CONFINEMENT SHALL OCCUR PRIOR TO PLACEMENT IN SEGREGATED CONFINEMENT UNLESS A SECURITY SUPERVISOR, WITH WRITTEN APPROVAL OF A FACILITY SUPER- INTENDENT OR DESIGNEE, REASONABLY BELIEVES THE PERSON FITS THE SPECIFIED CRITERIA FOR SEGREGATED CONFINEMENT IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF THIS SUBDIVISION. IF A HEARING DOES NOT TAKE PLACE PRIOR TO PLACEMENT, IT SHALL OCCUR AS SOON AS REASONABLY PRACTICABLE AND AT MOST WITHIN FIVE DAYS OF SUCH PLACEMENT UNLESS THE CHARGED PERSON SEEKS A POSTPONEMENT OF THE HEARING. PERSONS AT SUCH HEARINGS SHALL BE PERMITTED TO BE REPRESENTED BY ANY ATTORNEY OR LAW STUDENT, OR BY ANY PARALEGAL OR INCARCERATED PERSON UNLESS THE DEPARTMENT REASONABLY DISAPPROVES OF SUCH PARALEGAL OR INCARCERATED PERSON BASED UPON OBJECTIVE WRITTEN CRITERIA DEVELOPED BY THE DEPARTMENT. A. 3080--A 8 (L) (I) ANY SANCTION IMPOSED ON AN INCARCERATED PERSON REQUIRING SEGREGATED CONFINEMENT SHALL RUN WHILE THE PERSON IS IN A RESIDENTIAL REHABILITATION UNIT AND THE PERSON SHALL BE DISCHARGED FROM THE UNIT BEFORE OR AT THE TIME SUCH SANCTION EXPIRES. IF A PERSON SUCCESSFULLY COMPLETES HIS OR HER REHABILITATION PLAN BEFORE THE SANCTION EXPIRES, THE PERSON SHALL HAVE A RIGHT TO BE DISCHARGED FROM THE UNIT UPON SUCH COMPLETION. (II) IF AN INCARCERATED PERSON HAS NOT BEEN DISCHARGED FROM A RESIDEN- TIAL REHABILITATION UNIT WITHIN ONE YEAR OF INITIAL ADMISSION TO SUCH A UNIT OR IS WITHIN SIXTY DAYS OF A FIXED OR TENTATIVELY APPROVED DATE FOR RELEASE FROM A CORRECTIONAL FACILITY, HE OR SHE SHALL HAVE A RIGHT TO BE DISCHARGED FROM THE UNIT UNLESS HE OR SHE COMMITTED AN ACT LISTED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF THIS SUBDIVISION WITHIN THE PRIOR ONE HUNDRED EIGHTY DAYS AND HE OR SHE POSES A SIGNIFICANT AND UNREASON- ABLE RISK TO THE SAFETY OR SECURITY OF INCARCERATED PERSONS OR STAFF. IN ANY SUCH CASE THE DECISION NOT TO DISCHARGE SUCH PERSON SHALL BE IMME- DIATELY AND AUTOMATICALLY SUBJECTED TO AN INDEPENDENT REVIEW BY THE COMMISSIONER AND THE COMMISSIONER OF MENTAL HYGIENE OR THEIR DESIGNEES. A PERSON MAY REMAIN IN A RESIDENTIAL REHABILITATION UNIT BEYOND THE TIME LIMITS PROVIDED IN THIS SECTION IF BOTH COMMISSIONERS OR BOTH OF THEIR DESIGNEES APPROVE THIS DECISION. IN EXTRAORDINARY CIRCUMSTANCES, A PERSON WHO HAS NOT COMMITTED AN ACT LISTED IN SUBPARAGRAPH (II) OF PARA- GRAPH (J) OF THIS SUBDIVISION WITHIN THE PRIOR ONE HUNDRED EIGHTY DAYS, MAY REMAIN IN A RESIDENTIAL REHABILITATION UNIT BEYOND THE TIME LIMITS PROVIDED IN THIS SECTION IF BOTH THE COMMISSIONER AND THE COMMISSIONER OF MENTAL HEALTH PERSONALLY DETERMINE THAT SUCH INDIVIDUAL POSES AN EXTRAORDINARY AND UNACCEPTABLE RISK OF IMMINENT HARM TO THE SAFETY OR SECURITY OF INCARCERATED PERSONS OR STAFF. (III) THERE SHALL BE A MEANINGFUL PERIODIC REVIEW OF THE STATUS OF EACH INCARCERATED PERSON IN A RESIDENTIAL REHABILITATION UNIT AT LEAST EVERY SIXTY DAYS TO ASSESS THE PERSON'S PROGRESS AND DETERMINE IF THE PERSON SHOULD BE DISCHARGED FROM THE UNIT. FOLLOWING SUCH PERIODIC REVIEW, IF THE PERSON IS NOT DISCHARGED FROM THE UNIT, PROGRAM AND MENTAL HEALTH STAFF SHALL SPECIFY IN WRITING THE REASONS FOR THE DETER- MINATION AND THE PROGRAM, TREATMENT, SERVICE, AND/OR CORRECTIVE ACTION REQUIRED BEFORE DISCHARGE. THE INCARCERATED PERSON SHALL BE GIVEN ACCESS TO THE PROGRAMS, TREATMENT AND SERVICES SPECIFIED, AND SHALL HAVE A RIGHT TO BE DISCHARGED FROM THE RESIDENTIAL REHABILITATION UNIT UPON THE SUCCESSFUL FULFILLMENT OF SUCH REQUIREMENTS. (IV) WHEN AN INCARCERATED PERSON IS DISCHARGED FROM A RESIDENTIAL REHABILITATION UNIT, ANY REMAINING TIME TO SERVE ON ANY UNDERLYING DISCIPLINARY SANCTION SHALL BE DISMISSED. IF AN INCARCERATED PERSON SUBSTANTIALLY COMPLETES HIS OR HER REHABILITATION PLAN, HE OR SHE SHALL HAVE ANY ASSOCIATED LOSS OF GOOD TIME RESTORED UPON DISCHARGE FROM THE UNIT. (M) ALL SPECIAL HOUSING UNIT, KEEPLOCK UNIT AND RESIDENTIAL REHABILI- TATION UNIT STAFF AND THEIR SUPERVISORS SHALL UNDERGO A MINIMUM OF THIR- TY-SEVEN HOURS AND THIRTY MINUTES OF TRAINING PRIOR TO ASSIGNMENT TO SUCH UNIT, AND TWENTY-ONE HOURS OF ADDITIONAL TRAINING ANNUALLY THERE- AFTER, ON SUBSTANTIVE CONTENT DEVELOPED IN CONSULTATION WITH RELEVANT EXPERTS, ON TOPICS INCLUDING, BUT NOT LIMITED TO, THE PURPOSE AND GOALS OF THE NON-PUNITIVE THERAPEUTIC ENVIRONMENT, TRAUMA-INFORMED CARE, RESTORATIVE JUSTICE, AND DISPUTE RESOLUTION METHODS. PRIOR TO PRESIDING OVER ANY HEARINGS, ALL HEARING OFFICERS SHALL UNDERGO A MINIMUM OF THIR- TY-SEVEN HOURS AND THIRTY MINUTES OF TRAINING, WITH ONE ADDITIONAL DAY OF TRAINING ANNUALLY THEREAFTER, ON RELEVANT TOPICS, INCLUDING BUT NOT A. 3080--A 9 LIMITED TO, THE PHYSICAL AND PSYCHOLOGICAL EFFECTS OF SEGREGATED CONFINEMENT, PROCEDURAL AND DUE PROCESS RIGHTS OF THE ACCUSED, AND RESTORATIVE JUSTICE REMEDIES. (N) THE DEPARTMENT SHALL PUBLISH MONTHLY REPORTS ON ITS WEBSITE, WITH SEMI-ANNUAL AND ANNUAL CUMULATIVE REPORTS, OF THE TOTAL NUMBER OF PEOPLE WHO ARE IN SEGREGATED CONFINEMENT AND THE TOTAL NUMBER OF PEOPLE WHO ARE IN RESIDENTIAL REHABILITATION UNITS ON THE FIRST DAY OF EACH MONTH. THE REPORTS SHALL PROVIDE A BREAKDOWN OF THE NUMBER OF PEOPLE IN SEGREGATED CONFINEMENT AND IN RESIDENTIAL REHABILITATION UNITS BY: (I) AGE; (II) RACE; (III) GENDER; (IV) MENTAL HEALTH TREATMENT LEVEL; (V) SPECIAL HEALTH ACCOMMODATIONS OR NEEDS; (VI) NEED FOR AND PARTICIPATION IN SUBSTANCE ABUSE PROGRAMS; (VII) PREGNANCY STATUS; (VIII) CONTINUOUS LENGTH OF STAY IN RESIDENTIAL TREATMENT UNITS AS WELL AS LENGTH OF STAY IN THE PAST SIXTY DAYS; (IX) NUMBER OF DAYS IN SEGREGATED CONFINEMENT; (X) A LIST OF ALL INCIDENTS RESULTING IN SANCTIONS OF SEGREGATED CONFINEMENT BY FACILITY AND DATE OF OCCURRENCE; (XI) THE NUMBER OF INCARCERATED PERSONS IN SEGREGATED CONFINEMENT; AND (XII) THE NUMBER OF INCARCERATED PERSONS IN RESIDENTIAL REHABILITATION UNITS BY FACILITY. § 6. Section 138 of the correction law is amended by adding a new subdivision 7 to read as follows: 7. DE-ESCALATION, INTERVENTION, INFORMATIONAL REPORTS, AND THE WITH- DRAWAL OF INCENTIVES SHALL BE THE PREFERRED METHODS OF RESPONDING TO MISBEHAVIOR UNLESS THE DEPARTMENT DETERMINES THAT NON-DISCIPLINARY INTERVENTIONS HAVE FAILED, OR THAT NON-DISCIPLINARY INTERVENTIONS WOULD NOT SUCCEED AND THE MISBEHAVIOR INVOLVED AN ACT LISTED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY- SEVEN OF THIS ARTICLE, IN WHICH CASE, AS A LAST RESORT, THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ISSUE MISBEHAVIOR REPORTS, PURSUE DISCIPLI- NARY CHARGES, OR IMPOSE NEW OR ADDITIONAL SEGREGATED CONFINEMENT SANC- TIONS. § 7. Subdivision 1 of section 401 of the correction law, as amended by chapter 1 of the laws of 2008, is amended to read as follows: 1. The commissioner, in cooperation with the commissioner of mental health, shall establish programs, including but not limited to residen- tial mental health treatment units, in such correctional facilities as he or she may deem appropriate for the treatment of mentally ill inmates confined in state correctional facilities who are in need of psychiatric services but who do not require hospitalization for the treatment of mental illness. Inmates with serious mental illness shall receive thera- py and programming in settings that are appropriate to their clinical needs while maintaining the safety and security of the facility. THE CONDITIONS AND SERVICES PROVIDED IN THE RESIDENTIAL MENTAL HEALTH TREATMENT UNITS SHALL BE AT LEAST COMPARABLE TO THOSE IN ALL RESIDENTIAL REHABILITATION UNITS, AND ALL RESIDENTIAL MENTAL HEALTH TREATMENT UNITS SHALL BE IN COMPLIANCE WITH ALL PROVISIONS OF PARAGRAPHS (H), (I), (J), AND (K) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER. RESIDENTIAL MENTAL HEALTH TREATMENT UNITS THAT ARE EITHER RESI- DENTIAL MENTAL HEALTH UNIT MODELS OR BEHAVIORAL HEALTH UNIT MODELS SHALL ALSO BE IN COMPLIANCE WITH ALL PROVISIONS OF PARAGRAPH (L) OF SUBDIVI- SION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER. THE RESIDENTIAL MENTAL HEALTH TREATMENT UNITS SHALL ALSO PROVIDE THE ADDITIONAL MENTAL HEALTH TREATMENT, SERVICES, AND PROGRAMMING DELINEATED IN THIS SECTION. The administration and operation of programs estab- lished pursuant to this section shall be the joint responsibility of the commissioner of mental health and the commissioner. The professional mental health care personnel, and their administrative and support A. 3080--A 10 staff, for such programs shall be employees of the office of mental health. All other personnel shall be employees of the department. § 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401 of the correction law, as added by chapter 1 of the laws of 2008, is amended to read as follows: (i) In exceptional circumstances, a mental health clinician, or the highest ranking facility security supervisor in consultation with a mental health clinician who has interviewed the inmate, may determine that an inmate's access to out-of-cell therapeutic programming and/or mental health treatment in a residential mental health treatment unit presents an unacceptable risk to the safety of inmates or staff. Such determination shall be documented in writing and SUCH INMATE SHALL BE REMOVED TO A RESIDENTIAL REHABILITATION UNIT THAT IS NOT A RESIDENTIAL MENTAL HEALTH TREATMENT UNIT WHERE alternative mental health treatment and/or other therapeutic programming, as determined by a mental health clinician, shall be provided. § 9. Subdivision 5 of section 401 of the correction law, as added by chapter 1 of the laws of 2008, is amended to read as follows: 5. (a) An inmate in a residential mental health treatment unit shall not be sanctioned with segregated confinement for misconduct on the unit, or removed from the unit and placed in segregated confinement OR A RESIDENTIAL REHABILITATION UNIT, except in exceptional circumstances where such inmate's conduct poses a significant and unreasonable risk to the safety of inmates or staff, or to the security of the facility AND HE OR SHE HAS BEEN FOUND TO HAVE COMMITTED AN ACT OR ACTS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER. Further, in the event that such a sanction is imposed, an inmate shall not be required to begin serving such sanction until the reviews required by paragraph (b) of this subdi- vision have been completed; provided, however that in extraordinary circumstances where an inmate's conduct poses an immediate unacceptable threat to the safety of inmates or staff, or to the security of the facility an inmate may be immediately moved to [segregated confinement] A RESIDENTIAL REHABILITATION UNIT. The determination that an immediate transfer to [segregated confinement] A RESIDENTIAL REHABILITATION UNIT is necessary shall be made by the highest ranking facility security supervisor in consultation with a mental health clinician. (b) The joint case management committee shall review any disciplinary disposition imposing a sanction of segregated confinement at its next scheduled meeting. Such review shall take into account the inmate's mental condition and safety and security concerns. The joint case management committee may only thereafter recommend the removal of the inmate in exceptional circumstances where the inmate poses a significant and unreasonable risk to the safety of inmates or staff or to the secu- rity of the facility. In the event that the inmate was immediately moved to segregated confinement, the joint case management committee may recommend that the inmate continue to serve such sanction only in excep- tional circumstances where the inmate COMMITS AN ACT OR ACTS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER AND poses a significant and unrea- sonable risk to the safety of inmates or staff or to the security of the facility. If a determination is made that the inmate shall not be required to serve all or any part of the segregated confinement sanc- tion, the joint case management committee may instead recommend that a less restrictive sanction should be imposed. The recommendations made by the joint case management committee under this paragraph shall be docu- A. 3080--A 11 mented in writing and referred to the superintendent for review and if the superintendent disagrees, the matter shall be referred to the joint central office review committee for a final determination. The adminis- trative process described in this paragraph shall be completed within fourteen days. If the result of such process is that an inmate who was immediately transferred to [segregated confinement] A RESIDENTIAL REHA- BILITATION UNIT should be removed from [segregated confinement] SUCH UNIT, such removal shall occur as soon as practicable, and in no event longer than seventy-two hours from the completion of the administrative process. § 10. Subdivision 6 of section 401 of the correction law, as amended by chapter 20 of the laws of 2016, is amended to read as follows: 6. The department shall ensure that the curriculum for new correction officers, and other new department staff who will regularly work in programs providing mental health treatment for inmates, shall include at least eight hours of training about the types and symptoms of mental illnesses, the goals of mental health treatment, the prevention of suicide and training in how to effectively and safely manage inmates with mental illness. Such training may be provided by the office of mental health or the justice center for the protection of people with special needs. All department staff who are transferring into a residen- tial mental health treatment unit shall receive a minimum of eight addi- tional hours of such training, and eight hours of annual training as long as they work in such a unit. All security, program services, mental health and medical staff with direct inmate contact shall receive train- ing each year regarding identification of, and care for, inmates with mental illnesses. The department shall provide additional training on these topics on an ongoing basis as it deems appropriate. ALL STAFF WORKING IN A RESIDENTIAL MENTAL HEALTH TREATMENT UNIT SHALL ALSO RECEIVE ALL TRAINING MANDATED IN PARAGRAPH (M) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER. § 11. Section 401-a of the correction law is amended by adding a new subdivision 4 to read as follows: 4. THE JUSTICE CENTER SHALL ASSESS THE DEPARTMENT'S COMPLIANCE WITH THE PROVISIONS OF SECTIONS TWO, ONE HUNDRED THIRTY-SEVEN, AND ONE HUNDRED THIRTY-EIGHT OF THIS CHAPTER RELATING TO SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS AND SHALL ISSUE A PUBLIC REPORT, NO LESS THAN ANNUALLY, WITH RECOMMENDATIONS TO THE DEPARTMENT AND LEGISLA- TURE, REGARDING ALL ASPECTS OF SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS IN STATE CORRECTIONAL FACILITIES INCLUDING BUT NOT LIMITED TO POLICIES AND PRACTICES CONCERNING: (A) PLACEMENT OF PERSONS IN SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS; (B) SPECIAL POPULATIONS; (C) LENGTH OF TIME SPENT IN SUCH UNITS; (D) HEAR- INGS AND PROCEDURES; (E) PROGRAMS, TREATMENT AND CONDITIONS OF CONFINE- MENT IN SUCH UNITS; AND (F) ASSESSMENTS AND REHABILITATION PLANS, PROCE- DURES AND DISCHARGE DETERMINATIONS. § 12. Section 45 of the correction law is amended by adding a new subdivision 18 to read as follows: 18. ASSESS COMPLIANCE OF LOCAL CORRECTIONAL FACILITIES WITH THE TERMS OF PARAGRAPHS (G), (H), (I), (J), (K), (L), (M) AND (N) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER. THE COMMISSION SHALL ISSUE A PUBLIC REPORT REGARDING ALL ASPECTS OF SEGREGATED CONFINE- MENT AND RESIDENTIAL REHABILITATION UNITS AT LEAST ANNUALLY WITH RECOM- MENDATIONS TO LOCAL CORRECTIONAL FACILITIES, THE GOVERNOR, THE LEGISLA- TURE, INCLUDING BUT NOT LIMITED TO POLICIES AND PRACTICES REGARDING: (A) PLACEMENT OF PERSONS; (B) SPECIAL POPULATIONS; (C) LENGTH OF TIME SPENT A. 3080--A 12 IN SEGREGATED CONFINEMENT AND RESIDENTIAL TREATMENT UNITS; (D) HEARINGS AND PROCEDURES; (E) CONDITIONS, PROGRAMS, SERVICES, CARE, AND TREATMENT; AND (F) ASSESSMENTS, REHABILITATION PLANS, AND DISCHARGE PROCEDURES. § 13. 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. 1. Subdivisions five and six of section one hundred thirty-seven of this chapter, except paragraphs (d) and (e) of subdivision six of such section, relating to the treatment of inmates in state correctional facilities are applicable to inmates confined in county jails; except that the report required by paragraph (f) of subdi- vision 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, to the head of such department. 2. NOTWITHSTANDING ANY OTHER SECTION OF LAW TO THE CONTRARY, SUBDIVI- SION THIRTY-THREE OF SECTION TWO OF THIS CHAPTER, AND SUBPARAGRAPHS (I), (IV) AND (V) OF PARAGRAPH (I) AND SUBPARAGRAPH (II) OF PARAGRAPH (L) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER SHALL NOT APPLY TO LOCAL CORRECTIONAL FACILITIES WITH A TOTAL COMBINED CAPACITY OF FIVE HUNDRED INMATES OR FEWER. § 14. This act shall take effect one year after it shall have become a law.
Co-Sponsors
N. Nick Perry
Carmen E. Arroyo
Didi Barrett
Phil Steck
- view additional co-sponsors
Jose Rivera
Richard Gottfried
Vivian Cook
Ellen C. Jaffee
Maritza Davila
Donna Lupardo
Luis R. Sepúlveda
Walter T. Mosley
Felix Ortiz
Crystal Peoples-Stokes
Frank Skartados
Dan Quart
David Weprin
Linda Rosenthal
Barbara Lifton
Thomas Abinanti
J. Gary Pretlow
Rodneyse Bichotte
Inez Barron
Latrice Walker
Michael Blake
Robert J. Rodriguez
Patricia Fahy
Matthew Titone
John T. McDonald III
Kevin Cahill
Latoya Joyner
Addie Jenne
Michael Benedetto
Michaelle C. Solages
Diana Richardson
Victor M. Pichardo
Alicia Hyndman
Albert A. Stirpe
Michele Titus
Ron Kim
Aravella Simotas
Steven Otis
Shelley Mayer
Kimberly Jean-Pierre
Inez E. Dickens
Harry B. Bronson
Pamela J. Hunter
Nily Rozic
Robert C. Carroll
Marcos Crespo
Carmen De La Rosa
Erik Dilan
Clyde Vanel
Anthony D'Urso
Sandy Galef
Al Taylor
Yuh-Line Niou
Christine Pellegrino
Ari Espinal
Nathalia Fernandez
Multi-Sponsors
Michael Cusick
Steven Englebright
Deborah Glick
Andrew Hevesi
- view additional multi-sponsors
Charles Lavine
Joseph Lentol
William Magee
Philip Ramos
Rebecca Seawright
Jo Anne Simon
Fred Thiele
Tremaine Wright
A3080B (ACTIVE) - Details
- See Senate Version of this Bill:
- S4784
- Current Committee:
- Senate Rules
- Law Section:
- Correction Law
- Laws Affected:
- Amd §§137, 138, 2, 401, 401-a, 500-k & 45, Cor L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014: A8588, S6466
2015-2016: A4401, S2659
2019-2020: A2500, S1623
2021-2022: A2277, S1757, S2836
A3080B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3080--B 2017-2018 Regular Sessions I N A S S E M B L Y January 26, 2017 ___________ Introduced by M. of A. AUBRY, PERRY, ARROYO, BARRETT, STECK, RIVERA, GOTTFRIED, COOK, JAFFEE, DAVILA, LUPARDO, SEPULVEDA, MOSLEY, ORTIZ, PEOPLES-STOKES, SKARTADOS, QUART, WEPRIN, L. ROSENTHAL, LIFTON, ABINANTI, PRETLOW, BICHOTTE, BARRON, WALKER, BLAKE, RODRIGUEZ, FAHY, TITONE, McDONALD, CAHILL, HARRIS, JOYNER, JENNE, BENEDETTO, SOLAGES, RICHARDSON, PICHARDO, HYNDMAN, STIRPE, TITUS, KIM, SIMOTAS, OTIS, MAYER, JEAN-PIERRE, DICKENS, BRONSON, HUNTER, ROZIC, CARROLL, CRESPO, DE LA ROSA, DILAN, VANEL, D'URSO, GALEF -- Multi-Sponsored by -- M. of A. CUSICK, ENGLEBRIGHT, GLICK, HEVESI, LAVINE, LENTOL, MAGEE, RAMOS, SEAWRIGHT, SIMON, THIELE, WRIGHT -- read once and referred to the Committee on Correction -- recommitted to the Committee on Correction in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, in relation to restricting the use of segregated confinement and creating alternative therapeutic and rehabilitative confinement options 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] ANY FORM OF CELL CONFINEMENT FOR MORE THAN SEVENTEEN HOURS A DAY OTHER THAN IN A FACILITY-WIDE EMERGENCY OR FOR THE PURPOSE OF PROVIDING MEDICAL OR MENTAL HEALTH TREATMENT. CELL CONFINEMENT THAT IS IMPLEMENTED DUE TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD08286-08-8 A. 3080--B 2 MEDICAL OR MENTAL HEALTH TREATMENT SHALL BE WITHIN A CLINICAL AREA IN THE CORRECTIONAL FACILITY OR IN AS CLOSE PROXIMITY TO A MEDICAL OR MENTAL HEALTH UNIT AS POSSIBLE. § 2. Section 2 of the correction law is amended by adding two new subdivisions 32 and 33 to read as follows: 32. "SPECIAL POPULATIONS" MEANS ANY PERSON: (A) TWENTY-ONE YEARS OF AGE OR YOUNGER; (B) FIFTY-FIVE YEARS OF AGE OR OLDER; (C) WITH A DISA- BILITY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW; OR (D) WHO IS PREGNANT, IN THE FIRST EIGHT WEEKS OF THE POST-PARTUM RECOVERY PERIOD AFTER GIVING BIRTH, OR CARING FOR A CHILD IN A CORRECTIONAL INSTITUTION PURSUANT TO SUBDIVISIONS TWO OR THREE OF SECTION SIX HUNDRED ELEVEN OF THIS CHAPTER. 33. "RESIDENTIAL REHABILITATION UNIT" MEANS A SEPARATE HOUSING UNIT USED FOR THERAPY, TREATMENT, AND REHABILITATIVE PROGRAMMING OF INCARCER- ATED PEOPLE WHO HAVE BEEN DETERMINED TO REQUIRE MORE THAN FIFTEEN DAYS OF SEGREGATED CONFINEMENT PURSUANT TO DEPARTMENT PROCEEDINGS. SUCH UNITS SHALL BE THERAPEUTIC AND TRAUMA-INFORMED, AND AIM TO ADDRESS INDIVIDUAL TREATMENT AND REHABILITATION NEEDS AND UNDERLYING CAUSES OF PROBLEMATIC BEHAVIORS. § 3. Paragraph (a) of subdivision 6 of section 137 of the correction law, as amended by chapter 490 of the laws of 1974, is amended to read as follows: (a) The inmate shall be supplied with a sufficient quantity of whole- some and nutritious food[, provided, however, that such food need not be the same as the food supplied to inmates who are participating in programs of the facility]; § 4. Paragraph (d) 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: (d) (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 or remove inmates with serious mental illness, as defined in paragraph (e) of this subdivision, from segregated confine- ment OR CONFINEMENT IN A RESIDENTIAL REHABILITATION UNIT, where such confinement could potentially be for a period in excess of thirty days, to a residential mental health treatment unit. Nothing in this para- graph shall be deemed to prevent the disciplinary process from proceed- ing in accordance with department rules and regulations for disciplinary hearings. (ii) (A) Upon placement of an inmate into segregated confinement OR A RESIDENTIAL REHABILITATION UNIT at a level one or level two facility, a suicide prevention screening instrument shall be administered by staff from the department or the office of mental health who has been trained for that purpose. If such a screening instrument reveals that the inmate is at risk of suicide, a mental health clinician shall be consulted and appropriate safety precautions shall be taken. Additionally, within one business day of the placement of such an inmate into segregated confine- ment at a level one or level two facility, the inmate shall be assessed by a mental health clinician. (B) Upon placement of an inmate into segregated confinement OR A RESI- DENTIAL REHABILITATION UNIT at a level three or level four facility, a suicide prevention screening instrument shall be administered by staff from the department or the office of mental health who has been trained for that purpose. If such a screening instrument reveals that the inmate is at risk of suicide, a mental health clinician shall be consulted and appropriate safety precautions shall be taken. All inmates placed in A. 3080--B 3 segregated confinement OR A RESIDENTIAL REHABILITATION UNIT at a level three or level four facility shall be assessed by a mental health clini- cian, within [fourteen] SEVEN days of such placement into segregated confinement. (C) At the initial assessment, if the mental health clinician finds that an inmate suffers from a serious mental illness, THAT PERSON SHALL BE DIVERTED OR REMOVED FROM SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT AND a recommendation shall be made whether excep- tional circumstances, as described in clause (E) of this subparagraph, exist. In a facility with a joint case management committee, such recom- mendation shall be made by such committee. In a facility without a joint case management committee, the recommendation shall be made jointly by a committee consisting of the facility's highest ranking mental health clinician, the deputy superintendent for security, and the deputy super- intendent for program services, or their equivalents. Any such recommen- dation shall be reviewed by the joint central office review committee. The administrative process described in this clause shall be completed within [fourteen] SEVEN days of the initial assessment, and if the result of such process is that the inmate should be removed from segre- gated confinement OR A RESIDENTIAL REHABILITATION UNIT, such removal shall occur as soon as practicable, but in no event more than seventy- two hours from the completion of the administrative process. PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION, NOTHING IN THIS SECTION SHALL PERMIT THE PLACEMENT OF AN INCARCERATED PERSON WITH SERIOUS MENTAL ILLNESS INTO SEGREGATED CONFINEMENT AT ANY TIME, EVEN FOR THE PURPOSES OF ASSESSMENT. (D) If an inmate with a serious mental illness is not diverted or removed to a residential mental health treatment unit, such inmate shall be DIVERTED TO A RESIDENTIAL REHABILITATION UNIT AND reassessed by a mental health clinician within fourteen days of the initial assessment and at least once every fourteen days thereafter. After each such addi- tional assessment, a recommendation as to whether such inmate should be removed from [segregated confinement] A RESIDENTIAL REHABILITATION UNIT shall be made and reviewed according to the process set forth in clause (C) of this subparagraph. (E) A recommendation or determination whether to remove an inmate from segregated confinement OR A RESIDENTIAL REHABILITATION UNIT shall take into account the assessing mental health clinicians' opinions as to the inmate's mental condition and treatment needs, and shall also take into account any safety and security concerns that would be posed by the inmate's removal, even if additional restrictions were placed on the inmate's access to treatment, property, services or privileges in a residential mental health treatment unit. A recommendation or determi- nation shall direct the inmate's removal from segregated confinement OR A RESIDENTIAL REHABILITATION UNIT except in the following exceptional circumstances: (1) when the reviewer finds that removal would pose a substantial risk to the safety of the inmate or other persons, or a substantial threat to the security of the facility, even if additional restrictions were placed on the inmate's access to treatment, property, services or privileges in a residential mental health treatment unit; or (2) when the assessing mental health clinician determines that such placement is in the inmate's best interests based on his or her mental condition and that removing such inmate to a residential mental health treatment unit would be detrimental to his or her mental condition. Any determination not to remove an inmate with serious mental illness from segregated confinement OR A RESIDENTIAL REHABILITATION UNIT shall be documented in writing and include the reasons for the determination. A. 3080--B 4 (iii) Inmates with serious mental illness who are not diverted or removed from [segregated confinement] A RESIDENTIAL REHABILITATION UNIT shall be offered a heightened level of MENTAL HEALTH care, involving a minimum of [two] THREE hours [each day, five days a week,] DAILY of out-of-cell therapeutic treatment and programming. This heightened level of care shall not be offered only in the following circumstances: (A) The heightened level of care shall not apply when an inmate with serious mental illness does not, in the reasonable judgment of a mental health clinician, require the heightened level of care. Such determi- nation shall be documented with a written statement of the basis of such determination and shall be reviewed by the Central New York Psychiatric Center clinical director or his or her designee. Such a determination is subject to change should the inmate's clinical status change. Such determination shall be reviewed and documented by a mental health clini- cian every thirty days, and in consultation with the Central New York Psychiatric Center clinical director or his or her designee not less than every ninety days. (B) The heightened level of care shall not apply in exceptional circumstances when providing such care would create an unacceptable risk to the safety and security of inmates or staff. Such determination shall be documented by security personnel together with the basis of such determination and shall be reviewed by the facility superintendent, in consultation with a mental health clinician, not less than every seven days for as long as the inmate remains in [segregated confinement] A RESIDENTIAL REHABILITATION UNIT. The facility shall attempt to resolve such exceptional circumstances so that the heightened level of care may be provided. If such exceptional circumstances remain unresolved for thirty days, the matter shall be referred to the joint central office review committee for review. (iv) [Inmates with serious mental illness who are not diverted or removed from segregated confinement shall not be placed on a restricted diet, unless there has been a written determination that the restricted diet is necessary for reasons of safety and security. If a restricted diet is imposed, it shall be limited to seven days, except in the excep- tional circumstances where the joint case management committee deter- mines that limiting the restricted diet to seven days would pose an unacceptable risk to the safety and security of inmates or staff. In such case, the need for a restricted diet shall be reassessed by the joint case management committee every seven days. (v)]All inmates in segregated confinement in a level one or level two facility who are not assessed with a serious mental illness at the initial assessment shall be offered at least one interview with a mental health clinician within [fourteen] SEVEN days of their initial mental health assessment, [and additional interviews at least every thirty days thereafter,] unless the mental health clinician at the most recent interview recommends an earlier interview or assessment. All inmates in [segregated confinement] A RESIDENTIAL REHABILITATION UNIT in a level three or level four facility who are not assessed with a serious mental illness at the initial assessment shall be offered at least one inter- view with a mental health clinician within thirty days of their initial mental health assessment, and additional interviews at least every nine- ty days thereafter, unless the mental health clinician at the most recent interview recommends an earlier interview or assessment. § 5. Subdivision 6 of section 137 of the correction law is amended by adding eight new paragraphs (g), (h), (i), (j), (k), (l), (m) and (n) to read as follows: A. 3080--B 5 (G) PERSONS IN A SPECIAL POPULATION AS DEFINED IN SUBDIVISION THIRTY- TWO OF SECTION TWO OF THIS CHAPTER SHALL NOT BE PLACED IN SEGREGATED CONFINEMENT FOR ANY LENGTH OF TIME, EXCEPT IN KEEPLOCK FOR A PERIOD PRIOR TO A DISCIPLINARY HEARING PURSUANT TO PARAGRAPH (K) OF THIS SUBDI- VISION. INDIVIDUALS IN A SPECIAL POPULATION WHO ARE IN KEEPLOCK PRIOR TO A DISCIPLINARY HEARING SHALL BE GIVEN SEVEN HOURS A DAY OUT-OF-CELL TIME OR SHALL BE TRANSFERRED TO A RESIDENTIAL REHABILITATION UNIT OR RESIDENTIAL MENTAL HEALTH TREATMENT UNIT AS EXPEDITIOUSLY AS POSSIBLE, BUT IN NO CASE LONGER THAN FORTY-EIGHT HOURS FROM THE TIME AN INDIVIDUAL IS ADMITTED TO KEEPLOCK. (H) NO PERSON MAY BE PLACED IN SEGREGATED CONFINEMENT FOR LONGER THAN NECESSARY AND NO MORE THAN FIFTEEN CONSECUTIVE DAYS OR TWENTY TOTAL DAYS WITHIN ANY SIXTY DAY PERIOD. AT THESE LIMITS, HE OR SHE MUST BE RELEASED FROM SEGREGATED CONFINEMENT OR DIVERTED TO A SEPARATE RESIDEN- TIAL REHABILITATION UNIT. IF PLACEMENT OF SUCH PERSON IN SEGREGATED CONFINEMENT WOULD EXCEED THE TWENTY-DAY LIMIT AND THE DEPARTMENT ESTAB- LISHES THAT THE PERSON COMMITTED AN ACT DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF THIS SUBDIVISION, THE DEPARTMENT MAY PLACE THE PERSON IN SEGREGATED CONFINEMENT UNTIL ADMISSION TO A RESIDENTIAL REHABILI- TATION UNIT CAN BE EFFECTUATED. SUCH ADMISSION TO A RESIDENTIAL REHABIL- ITATION UNIT SHALL OCCUR AS EXPEDITIOUSLY AS POSSIBLE AND IN NO CASE TAKE LONGER THAN FORTY-EIGHT HOURS FROM THE TIME SUCH PERSON IS PLACED IN SEGREGATED CONFINEMENT. (I) (I) ALL SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS SHALL CREATE THE LEAST RESTRICTIVE ENVIRONMENT NECESSARY FOR THE SAFETY OF INCARCERATED PERSONS, STAFF, AND THE SECURITY OF THE FACILITY. (II) PERSONS IN SEGREGATED CONFINEMENT SHALL BE OFFERED OUT-OF-CELL PROGRAMMING AT LEAST FOUR HOURS PER DAY, INCLUDING AT LEAST ONE HOUR FOR RECREATION. PERSONS ADMITTED TO RESIDENTIAL REHABILITATION UNITS SHALL BE OFFERED AT LEAST SIX HOURS OF DAILY OUT-OF-CELL CONGREGATE PROGRAM- MING, SERVICES, TREATMENT, AND/OR MEALS, WITH AN ADDITIONAL MINIMUM OF ONE HOUR FOR RECREATION. RECREATION IN ALL RESIDENTIAL REHABILITATION UNITS SHALL TAKE PLACE IN A CONGREGATE SETTING, UNLESS EXCEPTIONAL CIRCUMSTANCES MEAN DOING SO WOULD CREATE A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER INCARCERATED PERSONS, STAFF, OR THE FACILITY. (III) NO LIMITATION ON SERVICES, TREATMENT, OR BASIC NEEDS SUCH AS CLOTHING, FOOD AND BEDDING SHALL BE IMPOSED AS A FORM OF PUNISHMENT. IF PROVISION OF ANY SUCH SERVICES, TREATMENT OR BASIC NEEDS TO AN INDIVID- UAL WOULD CREATE A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF INCARCERATED PERSONS, STAFF, OR THE FACILITY, SUCH SERVICES, TREATMENT OR BASIC NEEDS MAY BE WITHHELD UNTIL IT REASONABLY APPEARS THAT THE RISK HAS ENDED. THE DEPARTMENT SHALL NOT IMPOSE RESTRICTED DIETS OR ANY OTHER CHANGE IN DIET AS A FORM OF PUNISHMENT. PERSONS IN A RESIDENTIAL REHABILITATION UNIT SHALL HAVE ACCESS TO ALL OF THEIR PERSONAL PROPERTY UNLESS AN INDIVIDUAL DETERMINATION IS MADE THAT HAVING A SPECIFIC ITEM WOULD POSE A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY OF INCARCERATED PERSONS OR STAFF OR THE SECURITY OF THE UNIT. (IV) UPON ADMISSION TO A RESIDENTIAL REHABILITATION UNIT, PROGRAM AND MENTAL HEALTH STAFF SHALL ADMINISTER ASSESSMENTS AND DEVELOP AN INDIVID- UAL REHABILITATION PLAN IN CONSULTATION WITH THE RESIDENT, BASED UPON HIS OR HER MEDICAL, MENTAL HEALTH, AND PROGRAMMING NEEDS. SUCH PLAN SHALL IDENTIFY SPECIFIC GOALS AND PROGRAMS, TREATMENT, AND SERVICES TO BE OFFERED, WITH PROJECTED TIME FRAMES FOR COMPLETION AND DISCHARGE FROM THE RESIDENTIAL REHABILITATION UNIT. A. 3080--B 6 (V) AN INCARCERATED PERSON IN A RESIDENTIAL REHABILITATION UNIT SHALL HAVE ACCESS TO PROGRAMS AND WORK ASSIGNMENTS COMPARABLE TO CORE PROGRAMS AND WORK ASSIGNMENTS IN GENERAL POPULATION. SUCH INCARCERATED PERSONS SHALL ALSO HAVE ACCESS TO ADDITIONAL OUT-OF-CELL, TRAUMA-INFORMED THERA- PEUTIC PROGRAMMING AIMED AT PROMOTING PERSONAL DEVELOPMENT, ADDRESSING UNDERLYING CAUSES OF PROBLEMATIC BEHAVIOR RESULTING IN PLACEMENT IN A RESIDENTIAL REHABILITATION UNIT, AND HELPING PREPARE FOR DISCHARGE FROM THE UNIT AND TO THE COMMUNITY. (VI) IF THE DEPARTMENT ESTABLISHES THAT A PERSON COMMITTED AN ACT DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF THIS SUBDIVISION WHILE IN SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT AND POSES A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER INCARCERATED PERSONS OR STAFF, THE DEPARTMENT MAY RESTRICT SUCH PERSON'S PARTICIPATION IN PROGRAMMING AND OUT-OF-CELL ACTIVITIES AS NECESSARY FOR THE SAFETY OF OTHER INCARCERATED PERSONS AND STAFF. IF SUCH RESTRICTIONS ARE IMPOSED, THE DEPARTMENT MUST PROVIDE AT LEAST FOUR HOURS OUT-OF-CELL TIME DAILY, INCLUDING AT LEAST TWO HOURS OF THERAPEUTIC PROGRAMMING AND TWO HOURS OF RECREATION, AND MUST MAKE REASONABLE EFFORTS TO REINSTATE ACCESS TO PROGRAMMING AS SOON AS POSSIBLE. IN NO CASE MAY SUCH RESTRICTIONS EXTEND BEYOND FIFTEEN DAYS UNLESS THE PERSON COMMITS A NEW ACT DEFINED HEREIN JUSTIFYING RESTRICTIONS ON PROGRAM ACCESS, OR IF THE COMMISSIONER AND, WHEN APPROPRIATE, THE COMMISSIONER OF MENTAL HEALTH PERSONALLY REASONABLY DETERMINE THAT THE PERSON POSES AN EXTRAORDINARY AND UNACCEPTABLE RISK OF IMMINENT HARM TO THE SAFETY OR SECURITY OF INCARCERATED PERSONS OR STAFF. ANY EXTENSION OF PROGRAM RESTRICTIONS BEYOND FIFTEEN DAYS MUST BE MEANINGFULLY REVIEWED AND APPROVED AT LEAST EVERY FIFTEEN DAYS BY THE COMMISSIONER AND, WHEN APPROPRIATE, BY THE COMMISSIONER OF MENTAL HEALTH. EACH REVIEW MUST CONSIDER THE IMPACT OF THERAPEUTIC PROGRAMMING PROVIDED DURING THE FIFTEEN-DAY PERIOD ON THE PERSON'S RISK OF IMMINENT HARM AND THE COMMISSIONER MUST ARTICULATE IN WRITING, WITH A COPY PROVIDED TO THE INCARCERATED PERSON, THE SPECIFIC REASON WHY THE PERSON CURRENTLY POSES AN EXTRAORDINARY AND UNACCEPTABLE RISK OF IMMINENT HARM TO THE SAFETY OR SECURITY OF INCARCERATED PERSONS OR STAFF. IN NO CASE MAY RESTRICTIONS IMPOSED BY THE COMMISSIONER EXTEND BEYOND NINETY DAYS UNLESS THE PERSON COMMITS A NEW ACT DEFINED HEREIN JUSTIFYING RESTRICTIONS ON PROGRAM ACCESS. (VII) RESTRAINTS SHALL NOT BE USED WHEN INCARCERATED PERSONS ARE PARTICIPATING IN OUT-OF-CELL ACTIVITIES WITHIN A RESIDENTIAL REHABILI- TATION UNIT UNLESS AN INDIVIDUAL ASSESSMENT IS MADE THAT RESTRAINTS ARE REQUIRED BECAUSE OF A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER INCARCERATED PERSONS OR STAFF. (J) (I) THE DEPARTMENT MAY PLACE A PERSON IN SEGREGATED CONFINEMENT FOR UP TO THREE CONSECUTIVE DAYS AND NO LONGER THAN SIX DAYS IN ANY THIRTY DAY PERIOD IF, PURSUANT TO AN EVIDENTIARY HEARING, IT DETERMINES THAT THE PERSON VIOLATED DEPARTMENT RULES WHICH PERMIT A PENALTY OF SEGREGATED CONFINEMENT. THE DEPARTMENT MAY NOT PLACE A PERSON IN SEGRE- GATED CONFINEMENT FOR LONGER THAN THREE CONSECUTIVE DAYS OR SIX DAYS TOTAL IN A THIRTY DAY PERIOD UNLESS THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH ARE MET. (II) THE DEPARTMENT MAY PLACE A PERSON IN SEGREGATED CONFINEMENT BEYOND THE LIMITS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR IN A RESIDEN- TIAL REHABILITATION UNIT ONLY IF, PURSUANT TO AN EVIDENTIARY HEARING, IT DETERMINES BY WRITTEN DECISION THAT THE PERSON COMMITTED ONE OF THE FOLLOWING ACTS AND IF THE COMMISSIONER OR HIS OR HER DESIGNEE DETERMINES IN WRITING BASED ON SPECIFIC OBJECTIVE CRITERIA THE ACTS WERE SO HEINOUS OR DESTRUCTIVE THAT PLACEMENT OF THE INDIVIDUAL IN GENERAL POPULATION A. 3080--B 7 HOUSING CREATES A SIGNIFICANT RISK OF IMMINENT SERIOUS PHYSICAL INJURY TO STAFF OR OTHER INCARCERATED PERSONS, AND CREATES AN UNREASONABLE RISK TO THE SECURITY OF THE FACILITY: (A) CAUSING OR ATTEMPTING TO CAUSE SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON OR MAKING AN IMMINENT THREAT OF SUCH SERIOUS PHYSICAL INJURY OR DEATH IF THE PERSON HAS A HISTORY OF CAUSING SUCH PHYSICAL INJURY OR DEATH AND THE COMMISSIONER AND, WHEN APPROPRIATE, THE COMMIS- SIONER OF MENTAL HEALTH OR THEIR DESIGNEES REASONABLY DETERMINE THAT THERE IS A STRONG LIKELIHOOD THAT THE PERSON WILL CARRY OUT SUCH THREAT. THE COMMISSIONER OF MENTAL HEALTH OR HIS OR HER DESIGNEE SHALL BE INVOLVED IN SUCH DETERMINATION IF THE PERSON IS OR HAS BEEN ON THE MENTAL HEALTH CASELOAD OR APPEARS TO REQUIRE PSYCHIATRIC ATTENTION. THE DEPARTMENT AND THE OFFICE OF MENTAL HEALTH SHALL PROMULGATE RULES AND REGULATIONS PERTAINING TO THIS CLAUSE; (B) COMPELLING OR ATTEMPTING TO COMPEL ANOTHER PERSON, BY FORCE OR THREAT OF FORCE, TO ENGAGE IN A SEXUAL ACT; (C) EXTORTING ANOTHER, BY FORCE OR THREAT OF FORCE, FOR PROPERTY OR MONEY; (D) COERCING ANOTHER, BY FORCE OR THREAT OF FORCE, TO VIOLATE ANY RULE; (E) LEADING, ORGANIZING, INCITING, OR ATTEMPTING TO CAUSE A RIOT, INSURRECTION, OR OTHER SIMILARLY SERIOUS DISTURBANCE THAT RESULTS IN THE TAKING OF A HOSTAGE, MAJOR PROPERTY DAMAGE, OR PHYSICAL HARM TO ANOTHER PERSON; (F) PROCURING DEADLY WEAPONS OR OTHER DANGEROUS CONTRABAND THAT POSES A SERIOUS THREAT TO THE SECURITY OF THE INSTITUTION; OR (G) ESCAPING, ATTEMPTING TO ESCAPE OR FACILITATING AN ESCAPE FROM A FACILITY OR ESCAPING OR ATTEMPTING TO ESCAPE WHILE UNDER SUPERVISION OUTSIDE SUCH FACILITY. FOR PURPOSES OF THIS SECTION, ATTEMPTING TO CAUSE A SERIOUS DISTURB- ANCE OR TO ESCAPE SHALL ONLY BE DETERMINED TO HAVE OCCURRED IF THERE IS A CLEAR FINDING THAT THE INMATE HAD THE INTENT TO CAUSE A SERIOUS DISTURBANCE OR THE INTENT TO ESCAPE AND HAD COMPLETED SIGNIFICANT ACTS IN THE ADVANCEMENT OF THE ATTEMPT TO CREATE A SERIOUS DISTURBANCE OR ESCAPE. EVIDENCE OF WITHDRAWAL OR ABANDONMENT OF A PLAN TO CAUSE A SERI- OUS DISTURBANCE OR TO ESCAPE SHALL NEGATE A FINDING OF INTENT. (III) NO PERSON MAY BE PLACED IN SEGREGATED CONFINEMENT OR A RESIDEN- TIAL REHABILITATION UNIT BASED ON THE SAME ACT OR INCIDENT THAT WAS PREVIOUSLY USED AS THE BASIS FOR SUCH PLACEMENT. (IV) NO PERSON MAY BE HELD IN SEGREGATED CONFINEMENT FOR PROTECTIVE CUSTODY. ANY UNIT USED FOR PROTECTIVE CUSTODY MUST, AT A MINIMUM, CONFORM TO REQUIREMENTS GOVERNING RESIDENTIAL REHABILITATION UNITS. (K) ALL HEARINGS TO DETERMINE IF A PERSON MAY BE PLACED IN SEGREGATED CONFINEMENT SHALL OCCUR PRIOR TO PLACEMENT IN SEGREGATED CONFINEMENT UNLESS A SECURITY SUPERVISOR, WITH WRITTEN APPROVAL OF A FACILITY SUPER- INTENDENT OR DESIGNEE, REASONABLY BELIEVES THE PERSON FITS THE SPECIFIED CRITERIA FOR SEGREGATED CONFINEMENT IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF THIS SUBDIVISION. IF A HEARING DOES NOT TAKE PLACE PRIOR TO PLACEMENT, IT SHALL OCCUR AS SOON AS REASONABLY PRACTICABLE AND AT MOST WITHIN FIVE DAYS OF SUCH PLACEMENT UNLESS THE CHARGED PERSON SEEKS A POSTPONEMENT OF THE HEARING. PERSONS AT SUCH HEARINGS SHALL BE PERMITTED TO BE REPRESENTED BY ANY ATTORNEY OR LAW STUDENT, OR BY ANY PARALEGAL OR INCARCERATED PERSON UNLESS THE DEPARTMENT REASONABLY DISAPPROVES OF SUCH PARALEGAL OR INCARCERATED PERSON BASED UPON OBJECTIVE WRITTEN CRITERIA DEVELOPED BY THE DEPARTMENT. A. 3080--B 8 (L) (I) ANY SANCTION IMPOSED ON AN INCARCERATED PERSON REQUIRING SEGREGATED CONFINEMENT SHALL RUN WHILE THE PERSON IS IN A RESIDENTIAL REHABILITATION UNIT AND THE PERSON SHALL BE DISCHARGED FROM THE UNIT BEFORE OR AT THE TIME SUCH SANCTION EXPIRES. IF A PERSON SUCCESSFULLY COMPLETES HIS OR HER REHABILITATION PLAN BEFORE THE SANCTION EXPIRES, THE PERSON SHALL HAVE A RIGHT TO BE DISCHARGED FROM THE UNIT UPON SUCH COMPLETION. (II) IF AN INCARCERATED PERSON HAS NOT BEEN DISCHARGED FROM A RESIDEN- TIAL REHABILITATION UNIT WITHIN ONE YEAR OF INITIAL ADMISSION TO SUCH A UNIT OR IS WITHIN SIXTY DAYS OF A FIXED OR TENTATIVELY APPROVED DATE FOR RELEASE FROM A CORRECTIONAL FACILITY, HE OR SHE SHALL HAVE A RIGHT TO BE DISCHARGED FROM THE UNIT UNLESS HE OR SHE COMMITTED AN ACT LISTED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF THIS SUBDIVISION WITHIN THE PRIOR ONE HUNDRED EIGHTY DAYS AND HE OR SHE POSES A SIGNIFICANT AND UNREASON- ABLE RISK TO THE SAFETY OR SECURITY OF INCARCERATED PERSONS OR STAFF. IN ANY SUCH CASE THE DECISION NOT TO DISCHARGE SUCH PERSON SHALL BE IMME- DIATELY AND AUTOMATICALLY SUBJECTED TO AN INDEPENDENT REVIEW BY THE COMMISSIONER AND THE COMMISSIONER OF MENTAL HEALTH OR THEIR DESIGNEES. A PERSON MAY REMAIN IN A RESIDENTIAL REHABILITATION UNIT BEYOND THE TIME LIMITS PROVIDED IN THIS SECTION IF BOTH COMMISSIONERS OR BOTH OF THEIR DESIGNEES APPROVE THIS DECISION. IN EXTRAORDINARY CIRCUMSTANCES, A PERSON WHO HAS NOT COMMITTED AN ACT LISTED IN SUBPARAGRAPH (II) OF PARA- GRAPH (J) OF THIS SUBDIVISION WITHIN THE PRIOR ONE HUNDRED EIGHTY DAYS, MAY REMAIN IN A RESIDENTIAL REHABILITATION UNIT BEYOND THE TIME LIMITS PROVIDED IN THIS SECTION IF BOTH THE COMMISSIONER AND THE COMMISSIONER OF MENTAL HEALTH PERSONALLY DETERMINE THAT SUCH INDIVIDUAL POSES AN EXTRAORDINARY AND UNACCEPTABLE RISK OF IMMINENT HARM TO THE SAFETY OR SECURITY OF INCARCERATED PERSONS OR STAFF. (III) THERE SHALL BE A MEANINGFUL PERIODIC REVIEW OF THE STATUS OF EACH INCARCERATED PERSON IN A RESIDENTIAL REHABILITATION UNIT AT LEAST EVERY SIXTY DAYS TO ASSESS THE PERSON'S PROGRESS AND DETERMINE IF THE PERSON SHOULD BE DISCHARGED FROM THE UNIT. FOLLOWING SUCH PERIODIC REVIEW, IF THE PERSON IS NOT DISCHARGED FROM THE UNIT, PROGRAM AND MENTAL HEALTH STAFF SHALL SPECIFY IN WRITING THE REASONS FOR THE DETER- MINATION AND THE PROGRAM, TREATMENT, SERVICE, AND/OR CORRECTIVE ACTION REQUIRED BEFORE DISCHARGE. THE INCARCERATED PERSON SHALL BE GIVEN ACCESS TO THE PROGRAMS, TREATMENT AND SERVICES SPECIFIED, AND SHALL HAVE A RIGHT TO BE DISCHARGED FROM THE RESIDENTIAL REHABILITATION UNIT UPON THE SUCCESSFUL FULFILLMENT OF SUCH REQUIREMENTS. (IV) WHEN AN INCARCERATED PERSON IS DISCHARGED FROM A RESIDENTIAL REHABILITATION UNIT, ANY REMAINING TIME TO SERVE ON ANY UNDERLYING DISCIPLINARY SANCTION SHALL BE DISMISSED. IF AN INCARCERATED PERSON SUBSTANTIALLY COMPLETES HIS OR HER REHABILITATION PLAN, HE OR SHE SHALL HAVE ANY ASSOCIATED LOSS OF GOOD TIME RESTORED UPON DISCHARGE FROM THE UNIT. (M) ALL SPECIAL HOUSING UNIT, KEEPLOCK UNIT AND RESIDENTIAL REHABILI- TATION UNIT STAFF AND THEIR SUPERVISORS SHALL UNDERGO A MINIMUM OF THIR- TY-SEVEN HOURS AND THIRTY MINUTES OF TRAINING PRIOR TO ASSIGNMENT TO SUCH UNIT, AND TWENTY-ONE HOURS OF ADDITIONAL TRAINING ANNUALLY THERE- AFTER, ON SUBSTANTIVE CONTENT DEVELOPED IN CONSULTATION WITH RELEVANT EXPERTS, ON TOPICS INCLUDING, BUT NOT LIMITED TO, THE PURPOSE AND GOALS OF THE NON-PUNITIVE THERAPEUTIC ENVIRONMENT, TRAUMA-INFORMED CARE, RESTORATIVE JUSTICE, AND DISPUTE RESOLUTION METHODS. PRIOR TO PRESIDING OVER ANY HEARINGS, ALL HEARING OFFICERS SHALL UNDERGO A MINIMUM OF THIR- TY-SEVEN HOURS AND THIRTY MINUTES OF TRAINING, WITH ONE ADDITIONAL DAY OF TRAINING ANNUALLY THEREAFTER, ON RELEVANT TOPICS, INCLUDING BUT NOT A. 3080--B 9 LIMITED TO, THE PHYSICAL AND PSYCHOLOGICAL EFFECTS OF SEGREGATED CONFINEMENT, PROCEDURAL AND DUE PROCESS RIGHTS OF THE ACCUSED, AND RESTORATIVE JUSTICE REMEDIES. (N) THE DEPARTMENT SHALL PUBLISH MONTHLY REPORTS ON ITS WEBSITE, WITH SEMI-ANNUAL AND ANNUAL CUMULATIVE REPORTS, OF THE TOTAL NUMBER OF PEOPLE WHO ARE IN SEGREGATED CONFINEMENT AND THE TOTAL NUMBER OF PEOPLE WHO ARE IN RESIDENTIAL REHABILITATION UNITS ON THE FIRST DAY OF EACH MONTH. THE REPORTS SHALL PROVIDE A BREAKDOWN OF THE NUMBER OF PEOPLE IN SEGREGATED CONFINEMENT AND IN RESIDENTIAL REHABILITATION UNITS BY: (I) AGE; (II) RACE; (III) GENDER; (IV) MENTAL HEALTH TREATMENT LEVEL; (V) SPECIAL HEALTH ACCOMMODATIONS OR NEEDS; (VI) NEED FOR AND PARTICIPATION IN SUBSTANCE ABUSE PROGRAMS; (VII) PREGNANCY STATUS; (VIII) CONTINUOUS LENGTH OF STAY IN RESIDENTIAL TREATMENT UNITS AS WELL AS LENGTH OF STAY IN THE PAST SIXTY DAYS; (IX) NUMBER OF DAYS IN SEGREGATED CONFINEMENT; (X) A LIST OF ALL INCIDENTS RESULTING IN SANCTIONS OF SEGREGATED CONFINEMENT BY FACILITY AND DATE OF OCCURRENCE; (XI) THE NUMBER OF INCARCERATED PERSONS IN SEGREGATED CONFINEMENT BY FACILITY; AND (XII) THE NUMBER OF INCARCERATED PERSONS IN RESIDENTIAL REHABILITATION UNITS BY FACILITY. § 6. Section 138 of the correction law is amended by adding a new subdivision 7 to read as follows: 7. DE-ESCALATION, INTERVENTION, INFORMATIONAL REPORTS, AND THE WITH- DRAWAL OF INCENTIVES SHALL BE THE PREFERRED METHODS OF RESPONDING TO MISBEHAVIOR UNLESS THE DEPARTMENT DETERMINES THAT NON-DISCIPLINARY INTERVENTIONS HAVE FAILED, OR THAT NON-DISCIPLINARY INTERVENTIONS WOULD NOT SUCCEED AND THE MISBEHAVIOR INVOLVED AN ACT LISTED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY- SEVEN OF THIS ARTICLE, IN WHICH CASE, AS A LAST RESORT, THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ISSUE MISBEHAVIOR REPORTS, PURSUE DISCIPLI- NARY CHARGES, OR IMPOSE NEW OR ADDITIONAL SEGREGATED CONFINEMENT SANC- TIONS. § 7. Subdivision 1 of section 401 of the correction law, as amended by chapter 1 of the laws of 2008, is amended to read as follows: 1. The commissioner, in cooperation with the commissioner of mental health, shall establish programs, including but not limited to residen- tial mental health treatment units, in such correctional facilities as he or she may deem appropriate for the treatment of mentally ill inmates confined in state correctional facilities who are in need of psychiatric services but who do not require hospitalization for the treatment of mental illness. Inmates with serious mental illness shall receive thera- py and programming in settings that are appropriate to their clinical needs while maintaining the safety and security of the facility. THE CONDITIONS AND SERVICES PROVIDED IN THE RESIDENTIAL MENTAL HEALTH TREATMENT UNITS SHALL BE AT LEAST COMPARABLE TO THOSE IN ALL RESIDENTIAL REHABILITATION UNITS, AND ALL RESIDENTIAL MENTAL HEALTH TREATMENT UNITS SHALL BE IN COMPLIANCE WITH ALL PROVISIONS OF PARAGRAPHS (H), (I), (J), AND (K) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER. RESIDENTIAL MENTAL HEALTH TREATMENT UNITS THAT ARE EITHER RESI- DENTIAL MENTAL HEALTH UNIT MODELS OR BEHAVIORAL HEALTH UNIT MODELS SHALL ALSO BE IN COMPLIANCE WITH ALL PROVISIONS OF PARAGRAPH (L) OF SUBDIVI- SION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER. THE RESIDENTIAL MENTAL HEALTH TREATMENT UNITS SHALL ALSO PROVIDE THE ADDITIONAL MENTAL HEALTH TREATMENT, SERVICES, AND PROGRAMMING DELINEATED IN THIS SECTION. The administration and operation of programs estab- lished pursuant to this section shall be the joint responsibility of the commissioner of mental health and the commissioner. The professional A. 3080--B 10 mental health care personnel, and their administrative and support staff, for such programs shall be employees of the office of mental health. All other personnel shall be employees of the department. § 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401 of the correction law, as added by chapter 1 of the laws of 2008, is amended to read as follows: (i) In exceptional circumstances, a mental health clinician, or the highest ranking facility security supervisor in consultation with a mental health clinician who has interviewed the inmate, may determine that an inmate's access to out-of-cell therapeutic programming and/or mental health treatment in a residential mental health treatment unit presents an unacceptable risk to the safety of inmates or staff. Such determination shall be documented in writing and SUCH INMATE SHALL BE REMOVED TO A RESIDENTIAL REHABILITATION UNIT THAT IS NOT A RESIDENTIAL MENTAL HEALTH TREATMENT UNIT WHERE alternative mental health treatment and/or other therapeutic programming, as determined by a mental health clinician, shall be provided. § 9. Subdivision 5 of section 401 of the correction law, as added by chapter 1 of the laws of 2008, is amended to read as follows: 5. (a) An inmate in a residential mental health treatment unit shall not be sanctioned with segregated confinement for misconduct on the unit, or removed from the unit and placed in segregated confinement OR A RESIDENTIAL REHABILITATION UNIT, except in exceptional circumstances where such inmate's conduct poses a significant and unreasonable risk to the safety of inmates or staff, or to the security of the facility AND HE OR SHE HAS BEEN FOUND TO HAVE COMMITTED AN ACT OR ACTS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER. Further, in the event that such a sanction is imposed, an inmate shall not be required to begin serving such sanction until the reviews required by paragraph (b) of this subdi- vision have been completed; provided, however that in extraordinary circumstances where an inmate's conduct poses an immediate unacceptable threat to the safety of inmates or staff, or to the security of the facility an inmate may be immediately moved to [segregated confinement] A RESIDENTIAL REHABILITATION UNIT. The determination that an immediate transfer to [segregated confinement] A RESIDENTIAL REHABILITATION UNIT is necessary shall be made by the highest ranking facility security supervisor in consultation with a mental health clinician. (b) The joint case management committee shall review any disciplinary disposition imposing a sanction of segregated confinement at its next scheduled meeting. Such review shall take into account the inmate's mental condition and safety and security concerns. The joint case management committee may only thereafter recommend the removal of the inmate in exceptional circumstances where the inmate COMMITS AN ACT OR ACTS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER AND poses a significant and unreasonable risk to the safety of inmates or staff or to the secu- rity of the facility. In the event that the inmate was immediately moved to segregated confinement, the joint case management committee may recommend that the inmate continue to serve such sanction only in excep- tional circumstances where the inmate COMMITS AN ACT OR ACTS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER AND poses a significant and unrea- sonable risk to the safety of inmates or staff or to the security of the facility. If a determination is made that the inmate shall not be required to serve all or any part of the segregated confinement sanc- A. 3080--B 11 tion, the joint case management committee may instead recommend that a less restrictive sanction should be imposed. The recommendations made by the joint case management committee under this paragraph shall be docu- mented in writing and referred to the superintendent for review and if the superintendent disagrees, the matter shall be referred to the joint central office review committee for a final determination. The adminis- trative process described in this paragraph shall be completed within fourteen days. If the result of such process is that an inmate who was immediately transferred to [segregated confinement] A RESIDENTIAL REHA- BILITATION UNIT should be removed from [segregated confinement] SUCH UNIT, such removal shall occur as soon as practicable, and in no event longer than seventy-two hours from the completion of the administrative process. § 10. Subdivision 6 of section 401 of the correction law, as amended by chapter 20 of the laws of 2016, is amended to read as follows: 6. The department shall ensure that the curriculum for new correction officers, and other new department staff who will regularly work in programs providing mental health treatment for inmates, shall include at least eight hours of training about the types and symptoms of mental illnesses, the goals of mental health treatment, the prevention of suicide and training in how to effectively and safely manage inmates with mental illness. Such training may be provided by the office of mental health or the justice center for the protection of people with special needs. All department staff who are transferring into a residen- tial mental health treatment unit shall receive a minimum of eight addi- tional hours of such training, and eight hours of annual training as long as they work in such a unit. All security, program services, mental health and medical staff with direct inmate contact shall receive train- ing each year regarding identification of, and care for, inmates with mental illnesses. The department shall provide additional training on these topics on an ongoing basis as it deems appropriate. ALL STAFF WORKING IN A RESIDENTIAL MENTAL HEALTH TREATMENT UNIT SHALL ALSO RECEIVE ALL TRAINING MANDATED IN PARAGRAPH (M) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER. § 11. Section 401-a of the correction law is amended by adding a new subdivision 4 to read as follows: 4. THE JUSTICE CENTER SHALL ASSESS THE DEPARTMENT'S COMPLIANCE WITH THE PROVISIONS OF SECTIONS TWO, ONE HUNDRED THIRTY-SEVEN, AND ONE HUNDRED THIRTY-EIGHT OF THIS CHAPTER RELATING TO SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS AND SHALL ISSUE A PUBLIC REPORT, NO LESS THAN ANNUALLY, WITH RECOMMENDATIONS TO THE DEPARTMENT AND LEGISLA- TURE, REGARDING ALL ASPECTS OF SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS IN STATE CORRECTIONAL FACILITIES INCLUDING BUT NOT LIMITED TO POLICIES AND PRACTICES CONCERNING: (A) PLACEMENT OF PERSONS IN SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS; (B) SPECIAL POPULATIONS; (C) LENGTH OF TIME SPENT IN SUCH UNITS; (D) HEAR- INGS AND PROCEDURES; (E) PROGRAMS, TREATMENT AND CONDITIONS OF CONFINE- MENT IN SUCH UNITS; AND (F) ASSESSMENTS AND REHABILITATION PLANS, PROCE- DURES AND DISCHARGE DETERMINATIONS. § 12. Section 45 of the correction law is amended by adding a new subdivision 18 to read as follows: 18. ASSESS COMPLIANCE OF LOCAL CORRECTIONAL FACILITIES WITH THE TERMS OF PARAGRAPHS (G), (H), (I), (J), (K), (L), (M) AND (N) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER. THE COMMISSION SHALL ISSUE A PUBLIC REPORT REGARDING ALL ASPECTS OF SEGREGATED CONFINE- MENT AND RESIDENTIAL REHABILITATION UNITS AT LEAST ANNUALLY WITH RECOM- A. 3080--B 12 MENDATIONS TO LOCAL CORRECTIONAL FACILITIES, THE GOVERNOR, THE LEGISLA- TURE, INCLUDING BUT NOT LIMITED TO POLICIES AND PRACTICES REGARDING: (A) PLACEMENT OF PERSONS; (B) SPECIAL POPULATIONS; (C) LENGTH OF TIME SPENT IN SEGREGATED CONFINEMENT AND RESIDENTIAL TREATMENT UNITS; (D) HEARINGS AND PROCEDURES; (E) CONDITIONS, PROGRAMS, SERVICES, CARE, AND TREATMENT; AND (F) ASSESSMENTS, REHABILITATION PLANS, AND DISCHARGE PROCEDURES. § 13. 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. 1. Subdivisions five and six of section one hundred thirty-seven of this chapter, except paragraphs (d) and (e) of subdivision six of such section, relating to the treatment of inmates in state correctional facilities are applicable to inmates confined in county jails; except that the report required by paragraph (f) of subdi- vision 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, to the head of such department. 2. NOTWITHSTANDING ANY OTHER SECTION OF LAW TO THE CONTRARY, SUBDIVI- SION THIRTY-THREE OF SECTION TWO OF THIS CHAPTER, AND SUBPARAGRAPHS (I), (IV) AND (V) OF PARAGRAPH (I) AND SUBPARAGRAPH (II) OF PARAGRAPH (L) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER SHALL NOT APPLY TO LOCAL CORRECTIONAL FACILITIES WITH A TOTAL COMBINED CAPACITY OF FIVE HUNDRED INMATES OR FEWER. § 14. This act shall take effect one year after it shall have become a law.