senate Bill S1696

2019-2020 Legislative Session

Requires structured out-of-cell programming for adolescents in segregated disciplinary confinement

download bill text pdf

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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 15, 2019 referred to crime victims, crime and correction

Co-Sponsors

S1696 (ACTIVE) - Details

See Assembly Version of this Bill:
A5272
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9286
2015-2016: A2467
2017-2018: S8642, A5818

S1696 (ACTIVE) - Summary

Requires structured out-of-cell programming for adolescents in segregated disciplinary confinement.

S1696 (ACTIVE) - Sponsor Memo

S1696 (ACTIVE) - Bill Text download pdf


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

                                  1696

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced by Sen. SEPULVEDA -- 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 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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