Senate Bill S1757

2021-2022 Legislative Session

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

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Archive: Last Bill Status - Stricken


  • 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-S1757 (ACTIVE) - Details

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
2015-2016: S2659
2017-2018: S3824, S4784
2019-2020: S1623

2021-S1757 (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.

2021-S1757 (ACTIVE) - Sponsor Memo

2021-S1757 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1757
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by Sens. SEPULVEDA, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRES-
   LIN, BROOKS, COMRIE, FELDER, GAUGHRAN, GIANARIS, GOUNARDES,  HARCKHAM,
   HOYLMAN,  JACKSON,  KAPLAN, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE,
   PARKER, PERSAUD, RAMOS, RIVERA,  SALAZAR,  SANDERS,  SAVINO,  SERRANO,
   STAVISKY,  THOMAS  -- 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. 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 33 and 34 to read as follows:
   33.  "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-
 BILITY  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TWENTY-ONE OF SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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