NY State Senate Bill S1334

Archive: Last Bill Status - Stricken

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

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2019	recommit, enacting clause stricken
Jan 14, 2019	referred to crime victims, crime and correction

Co-Sponsors

S1334 (ACTIVE) - Details

See Assembly Version of this Bill:: A930
Current Committee:
Law Section:: Correction Law
Laws Affected:: Add §607, Cor L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8028, A10173
2021-2022: S2211, A702

S1334 (ACTIVE) - Summary

Relates to the prohibition of double-bunked housing in correctional facilities.

S1334 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1334

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the correction law, in relation to the prohibition of
double-bunked housing in correctional facilities

 
PURPOSE OF THE BILL:

This bill prevents the double bunking of inmates in a dormitory setting
within State correctional facilities.

 
SUMMARY OF PROVISIONS:

Section 1 establishes a new section within the correction law prohibit-
ing the double bunking of inmates in a dormitory setting.

Section 2 establishes the effective date.

JUSTIFICATION:

Regulations, promulgated by the Department of Corrections and Community
Supervision in the late 1980's authorized the double bunking of inmates
to address the expanding prison population of that period. In doing so,
the department increased the number of inmates housed in a medium secure
dormitory, typically designed to accommodate up to 50 inmates, to
between 60 and 90 inmates.

This increase in the number of inmates' presents a very significant
challenge regarding the ability to provide for the safety and security
of both inmates and correction officers. Such was the concern of the
State Commission on Correction, which in a separate rule making permit-
ting double celling opined that "the practice of double bunking poses a
number of security risks not necessarily associated with the practice of
double celling. By design, medium security correctional facilities allow
for much greater mobility of the inmate population than maximum security
correctional facilities.  An inmate disturbance in a medium security
correctional facility, where there is a concentration of a large number
of inmates, thus could be more difficult to contain than at a maximum-
security facility. Since maximum security correctional facilities are
specifically designed to provide for the isolation of various areas
within the prison, an inmate disturbance would be easier to bring under
control." NYS Register, September 27, 1995, p.2.

Ensuring the safety and security of both inmates and correction officers
within our correctional facilities is the underpinning that enables all
other programming and rehabilitation to be successful.  Preventing the
double bunking of inmates housed in these dorm style settings will
contribute to that most important of principles.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.8028a/A.10173a Passed Senate/Referred to Correction

 
FISCAL IMPLICATIONS:

Yet to be determined.

 
EFFECTIVE DATE:
The bill would take effect on the 90th day after it shall have become a
law.

S1334 (ACTIVE) - Bill Text download pdf


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

                                  1334

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 14, 2019
                               ___________

Introduced  by Sens. GALLIVAN, AKSHAR, GRIFFO, HELMING -- 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 the prohibition of
  double-bunked housing in correctional facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The correction law is amended by adding a new section 607
to read as follows:
  § 607. PROHIBITION OF DOUBLE-BUNKED HOUSING. 1. FOR PURPOSES  OF  THIS
SECTION  "DOUBLE-BUNKED HOUSING" SHALL MEAN THE PRACTICE OF INMATE HOUS-
ING WHERE BUNK BEDS ARE USED IN A DORMITORY SETTING, WITH INMATES RESID-
ING IN AN OPEN SPACE AND SLEEPING ON BUNK BEDS.
  2. UPON THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT IS  PROHIB-
ITED  FROM  HOUSING  INMATES  USING  DOUBLE-BUNKED  HOUSING PRACTICES IN
CORRECTIONAL FACILITIES. ANY INMATES HOUSED IN SUCH DOUBLE-BUNKED  HOUS-
ING  ON THE EFFECTIVE DATE OF THIS SECTION SHALL BE MOVED TO OTHER HOUS-
ING ACCOMMODATIONS PROVIDED THAT SUCH ACCOMMODATIONS ARE NOT LOCATED  IN
A  MORE  RESTRICTIVE HOUSING UNIT OR CORRECTIONAL FACILITY UNLESS OTHER-
WISE APPROPRIATE.
  3. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE OR REPEAL ANY RULES  AND
REGULATIONS NECESSARY TO FACILITATE THE IMPLEMENTATION OF THIS SECTION.
  §  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02991-01-9

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The New York State Senate

senate Bill S1334

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Archive: Last Bill Status - Stricken

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Co-Sponsors

S1334 (ACTIVE) - Details

S1334 (ACTIVE) - Summary

S1334 (ACTIVE) - Sponsor Memo

S1334 (ACTIVE) - Bill Text download pdf

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senate Bill S1334

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - Stricken

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Co-Sponsors

Fred Akshar

Joseph A. Griffo

Pamela Helming

Luis R. Sepúlveda

S1334 (ACTIVE) - Details

S1334 (ACTIVE) - Summary

S1334 (ACTIVE) - Sponsor Memo

S1334 (ACTIVE) - Bill Text download pdf

Comments