Assembly Bill A2518

2021-2022 Legislative Session

Relates to establishing minimum rules for the treatment of incarcerated people

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A2518 (ACTIVE) - Details

See Senate Version of this Bill:
S2105
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add §123, Cor L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10664, S8622
2023-2024: A1319, S468

2021-A2518 (ACTIVE) - Summary

Relates to establishing minimum rules for the treatment of incarcerated people; provides that the United Nations standard minimum rules for the treatment of prisoners, also known as the Nelson Mandela rules, are hereby incorporated by reference; requires the department of corrections and community supervision shall promulgate rules and regulations in accordance with such rules.

2021-A2518 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2518
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law, in relation to establishing  minimum
   rules for the treatment of incarcerated people
 
   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  123
 to read as follows:
   §  123.  MINIMUM  RULES  FOR  THE TREATMENT OF INCARCERATED PEOPLE. 1.
 SUBJECT TO CONSTITUTIONAL AND FEDERAL LAW BUT NOTWITHSTANDING ANY  OTHER
 SECTION OF LAW, THE UNITED NATIONS STANDARD MINIMUM RULES FOR THE TREAT-
 MENT  OF  PRISONERS,  ALSO KNOWN AS THE NELSON MANDELA RULES, ARE HEREBY
 INCORPORATED BY REFERENCE INTO THIS CHAPTER, INCLUDING, BUT NOT  LIMITED
 TO:
   (A)  A  PROHIBITION AGAINST PROLONGED CONFINEMENT OF MORE THAN FIFTEEN
 DAYS IN SEGREGATED CONFINEMENT, ADMINISTRATIVE SEGREGATION OR ANY  OTHER
 FORM OF SOLITARY CONFINEMENT OR SOCIAL ISOLATION;
   (B)  COMMUNITY  STANDARDS  FOR MEDICAL AND DENTAL CARE, AND A DUTY FOR
 MEDICAL PROFESSIONALS TO REPORT WHEN THEY NOTICE MISTREATMENT  OR  ABUSE
 OF AN INCARCERATED PERSON;
   (C)  THE  RIGHT OF INCARCERATED PEOPLE TO MAKE CONFIDENTIAL COMPLAINTS
 TO SUPERINTENDENTS AND CENTRAL OFFICE STAFF WITHOUT FEAR OF  RETALIATION
 OR INTIMIDATION;
   (D) THE RIGHT TO BE PLACED WHENEVER FEASIBLE IN A CORRECTIONAL FACILI-
 TY  CLOSE TO A PERSON'S HOME OR TO THE COMMUNITY WHERE HE OR SHE EXPECTS
 TO BE RELEASED;
   (E) THE RIGHT TO IN-PERSON VISITS CONTINGENT UPON THE VISITOR'S AGREE-
 MENT TO BE SEARCHED IF NECESSARY FOR SECURITY PURPOSES;
   (F) THE RIGHT TO EFFECTIVE LEGAL AID;
   (G) ADEQUATE AND ON-GOING TRAINING FOR STAFF;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00752-01-1
              

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