S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1319
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  AUBRY, JACKSON, JEAN-PIERRE -- 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 individuals
 
   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 INDIVIDUALS. 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 INDIVIDUAL;
   (C)  THE  RIGHT  OF  INCARCERATED  INDIVIDUALS  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.
                                                            LBD01568-01-3
 A. 1319                             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 INDIVIDUALS 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, INHUMANE 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.