NY State Senate Bill 2021-S2105

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
Jan 19, 2021	referred to crime victims, crime and correction

co-Sponsors

2021-S2105 (ACTIVE) - Details

See Assembly Version of this Bill:: A2518
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §123, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8622, A10664
2023-2024: S468, A1319

2021-S2105 (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-S2105 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2105

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the correction law, in relation to establishing minimum
rules for the treatment of incarcerated people

 
PURPOSE:

To incorporate the United Nations standards for the minimum treatment of
incarcerated people into New York law.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 123 to the correction law. Section 2
provides an effective date.

 
JUSTIFICATION:

"It is said that no one truly knows a nation until one has been inside
its jails. A nation should not be judged by how it treats its highest
citizens, but its lowest ones." - Nelson Mandela

The United States is an outlier in its use of incarceration. While the
United States represents about 4.4 percent of the world's population, it
houses around 22 percent of the world's incarcerated population.  Among
developed countries, the US treats its prison population with unusual
harshness, which many argue is the aftermath of our country's history of
slavery and institutionalized racism. Although New York has made great
strides in lowering its prison population since the passage of the Rock-
efeller Drug Reform laws, prison conditions still remain dismal. People
incarcerated in NY state are often placed in prolonged solitary confine-
ment, are subject to harassment and sometimes brutal treatment, have
limited access to mental health services, drug treatment and dental care
and live in substandard conditions that no one should have to endure.
In spite of an enormous budget for the prison system, programs are
rationed, cleaning supplies are limited and oversight and training of
staff is inadequate.

In 2015, the United Nations adopted minimum standards for the treatment
of incarcerated individuals, named the Nelson Mandela Rules. This
followed a four-year revision process after a 2010 United Nation General
Assembly resolution, which requested revision of the standard minimum
rules so that they reflect recent advances in correctional science and
best practices'. These rules ensure freedom from use of prolonged soli-
tary confinement, provide for individualized treatment and a program of
rehabilitation for incarcerated people, and mandate independent over-
sight of the correctional system, among other provisions. Adopting these
minimum standards will help move New York into a more humane and equita-
ble future, where people in prison retain their dignity and do not
emerge from our state- run institutions traumatized by the treatment
they received at the hands of NYS employees.

Codifying the Mandala Rules will strength the prison morale for both the
incarcerated and staff. Correctional staff will benefit from this bill
by receiving more training, working in a less stressful environment, and
being a proud part of the healing of our community.

 
PRIOR LEGISLATIVE HISTORY:

S.8622 of 2020, Referred to Rules

 
FISCAL IMPLICATIONS:

To be determined

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
One year after the bill is signed into law.

2021-S2105 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2105
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 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 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

 S. 2105                             2
 
   (H) OVERSIGHT BY AN INDEPENDENT AGENCY WITH RIGHT OF  ENTRY  INTO  ANY
 CORRECTIONAL INSTITUTION AT ANY TIME, FULL ACCESS TO ALL RECORDS AND THE
 ABILITY TO INTERVIEW BOTH STAFF AND INCARCERATED PEOPLE AT WILL;
   (I)  THE  RIGHT TO VOCATIONAL, EDUCATIONAL AND REHABILITATIVE PROGRAMS
 AS WELL AS RE-ENTRY PROGRAMS AND SERVICES;
   (J) THE RIGHT TO INDIVIDUALIZED PROGRAMS OF TREATMENT, INCLUDING INDI-
 VIDUAL MENTAL HEALTH THERAPY AND COUNSELING, BASED  ON  AN  INDIVIDUAL'S
 NEEDS, CAPACITY AND DISPOSITION;
   (K) EQUITABLE REMUNERATION FOR WORK AND PROGRAM ASSIGNMENTS; AND
   (L)  PROTECTION FROM CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISH-
 MENT BY CORRECTIONAL STAFF.
   2. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS IN ACCORDANCE
 WITH THIS SECTION.
   § 2. This act shall take effect one year after it shall have become  a
 law.

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Senate Bill S2105

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2021-S2105 (ACTIVE) - Details

2021-S2105 (ACTIVE) - Summary

2021-S2105 (ACTIVE) - Sponsor Memo

2021-S2105 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2105

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Sponsored By

Luis R. Sepúlveda

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

Julia Salazar

2021-S2105 (ACTIVE) - Details

2021-S2105 (ACTIVE) - Summary

2021-S2105 (ACTIVE) - Sponsor Memo

2021-S2105 (ACTIVE) - Bill Text download pdf

Comments