senate Bill S4784A

2017-2018 Legislative Session

Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options

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Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 14, 2018 print number 4784a
Feb 14, 2018 amend and recommit to crime victims, crime and correction
Jan 03, 2018 referred to crime victims, crime and correction
Mar 01, 2017 referred to crime victims, crime and correction

Co-Sponsors

view additional co-sponsors

S4784 (ACTIVE) - Details

See Assembly Version of this Bill:
A3080
Current Committee:
Senate Crime Victims, Crime And Correction
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: S6466, A8588
2015-2016: S2659, A4401

S4784 (ACTIVE) - Summary

Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options; limits the length of time a person may be in segregated confinement and excludes certain persons from being placed in segregated confinement.

S4784 (ACTIVE) - Sponsor Memo

S4784 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4784

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 1, 2017
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to amend the correction law, in relation to 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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S4784A (ACTIVE) - Details

See Assembly Version of this Bill:
A3080
Current Committee:
Senate Crime Victims, Crime And Correction
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: S6466, A8588
2015-2016: S2659, A4401

S4784A (ACTIVE) - Summary

Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options; limits the length of time a person may be in segregated confinement and excludes certain persons from being placed in segregated confinement.

S4784A (ACTIVE) - Sponsor Memo

S4784A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4784--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 1, 2017
                               ___________

Introduced  by  Sens.  PARKER,  ALCANTARA,  BAILEY,  BENJAMIN,  BRESLIN,
  BROOKS, COMRIE, DILAN, GIANARIS, HAMILTON, HOYLMAN, KAMINSKY, KRUEGER,
  MONTGOMERY, PERALTA, PERSAUD, RIVERA, SANDERS, SAVINO, SERRANO, STAVI-
  SKY -- read twice and ordered printed, and when printed to be  commit-
  ted  to the Committee on Crime Victims, Crime and Correction -- recom-
  mitted to the Committee on Crime  Victims,  Crime  and  Correction  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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
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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08286-07-8

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