The New York State Senate

                    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

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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.

                    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.