Senate Bill S9378

2021-2022 Legislative Session

Relates to segregated confinement; repealer

download bill text pdf

Sponsored By

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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2021-S9378 (ACTIVE) - Details

See Assembly Version of this Bill:
A10593
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§2, 137, 401 & 500-k, rpld §2 subs 33 & 34, §137 sub 6 ¶¶(h) - (o), §138 sub 7, §401-a sub 4, §45 sub 18, Cor L
Versions Introduced in 2023-2024 Legislative Session:
S3035, A3196

2021-S9378 (ACTIVE) - Summary

Relates to segregated confinement; provides that certain incarcerated individuals shall not be placed in a residential rehabilitation unit; makes technical corrections by changing the word "inmate" to "incarcerated individual"; makes related provisions.

2021-S9378 (ACTIVE) - Sponsor Memo

2021-S9378 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9378
 
                             I N  S E N A T E
 
                               May 23, 2022
                                ___________
 
 Introduced  by  Sen.  STEC  --  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 confinement; and to
   repeal certain provisions of such law relating thereto
 
   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 sepa-
 rately amended by chapters 93 and 322 of the laws of 2021, is amended to
 read as follows:
   23.  "Segregated confinement" means the DISCIPLINARY confinement of an
 incarcerated individual in [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 confine-
 ment 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] 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 INCARCERATED INDIVIDUALS CONFINED PURSUANT TO
 THE DISCIPLINARY PROCEDURES DESCRIBED IN REGULATIONS.
   § 2. Subdivisions 33 and 34 of section 2 of  the  correction  law  are
 REPEALED.
   §  3.  Paragraph (a) of subdivision 6 of section 137 of the correction
 law, as separately amended by chapters 93 and 322 of the laws  of  2021,
 is amended to read as follows:
   (a)  The  incarcerated  individual shall be supplied with a sufficient
 quantity of wholesome and nutritious food, PROVIDED, HOWEVER, THAT  SUCH
 FOOD  NEED NOT BE THE SAME AS THE FOOD SUPPLIED TO INCARCERATED INDIVID-
 UALS WHO ARE PARTICIPATING IN PROGRAMS OF THE FACILITY;
   § 4. Paragraph (d) of subdivision 6 of section 137 of  the  correction
 law,  as  separately amended by chapters 93 and 322 of the laws of 2021,
 clauses (A) and (E)  of  subparagraph  (ii)  as  separately  amended  by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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