|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 08, 2019||referred to correction|
assembly Bill A5272
Current Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Carmen De La Rosa
Walter T. Mosley
A5272 (ACTIVE) - Details
A5272 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5272 2019-2020 Regular Sessions I N A S S E M B L Y February 8, 2019 ___________ Introduced by M. of A. ROZIC, BLAKE, DE LA ROSA, MOSLEY, O'DONNELL, PERRY, WALKER, WEPRIN -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to requiring structured out-of-cell programming for adolescents in segregated disciplinary confinement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 6 of section 137 of the correction law, as amended by chapter 1 of the laws of 2008, is amended to read as follows: Except as provided in paragraphs (d) [and], (e) AND (G) of this subdi- vision, the superintendent of a correctional facility may keep any inmate confined in a cell or room, apart from the accommodations provided for inmates who are participating in programs of the facility, for such period as may be necessary for maintenance of order or disci- pline, but in any such case the following conditions shall be observed: § 2. Subdivision 6 of section 137 of the correction law is amended by adding a new paragraph (g) to read as follows: (G) ANY INMATE UNDER THE AGE OF TWENTY-ONE WHO IS IN SEGREGATED DISCI- PLINARY CONFINEMENT MUST BE OFFERED AT LEAST FOUR HOURS A DAY OF STRUC- TURED OUT-OF-CELL PROGRAMMING, IN ADDITION TO EXERCISE, AND MAY BE PROVIDED WITH ADDITIONAL OUT-OF-CELL ACTIVITIES FOR GOOD BEHAVIOR. THE INMATE'S EDUCATION, MENTAL HEALTH AND OTHER PROGRAMMING NEEDS MUST BE ADDRESSED DURING ANY SUCH PERIOD OF SEGREGATED CONFINEMENT AND THE INMATE MUST BE GIVEN SIGNIFICANT DAILY OPPORTUNITY TO ENGAGE IN PHYSICAL ACTIVITY. NO SUCH INMATE SHALL BE KEPT IN PUNITIVE ISOLATION, BE DENIED TELEPHONE CALLS OR VISITS OR BE PLACED ON A RESTRICTIVE DIET AS A SANC- TION FOR MISBEHAVIOR. SUCH INMATES MAY NOT BE HOUSED IN A SPECIAL HOUS- ING UNIT FOR ADULTS UNLESS THERE ARE EXCEPTIONAL CIRCUMSTANCES WHICH WOULD CREATE AN UNACCEPTABLE RISK TO THE SAFETY AND SECURITY OF OTHER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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