NY State Senate Bill 2023-S468

Current 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 03, 2024	referred to crime victims, crime and correction
Jan 04, 2023	referred to crime victims, crime and correction

co-Sponsors

2023-S468 (ACTIVE) - Details

See Assembly Version of this Bill:: A1319
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
2021-2022: S2105, A2518

2023-S468 (ACTIVE) - Summary

Relates to establishing minimum rules for the treatment of incarcerated individuals; 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.

2023-S468 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S468

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Section 1 Adds new section 123 amending the Correction law.

Section 2 sets an effective date to be one year after the bill is signed
into law.

 
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
equitable 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.2105 of 2021-22, Reffered to Crime Victims, Crime and Correction;

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.

2023-S468 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    468
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. SEPULVEDA, SALAZAR -- read twice and ordered print-
   ed, 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 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

 S. 468                              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.

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Senate Bill S468

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2023-S468 (ACTIVE) - Details

2023-S468 (ACTIVE) - Summary

2023-S468 (ACTIVE) - Sponsor Memo

2023-S468 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S468

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Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

Leroy Comrie

Julia Salazar

2023-S468 (ACTIVE) - Details

2023-S468 (ACTIVE) - Summary

2023-S468 (ACTIVE) - Sponsor Memo

2023-S468 (ACTIVE) - Bill Text download pdf

Comments