S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7772
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 27, 2023
                                ___________
 
 Introduced by Sens. SALAZAR, BRISPORT, CLEARE, GONZALEZ, JACKSON, RAMOS,
   SEPULVEDA  --  read  twice and ordered printed, and when printed to be
   committed to the Committee on Rules
 
 AN ACT to amend the correction law, in relation to the rights of  people
   in prisons, jails, and forensic facilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the  "rights  behind  bars;  protecting the rights of people in prisons,
 jails, and forensic facilities, and their loved ones, in New York  state
 act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares:
   A. Incarcerated individuals, their families, and loved ones have human
 rights.  The legislature finds that New York's prisons and jails system-
 atically  fail to recognize and protect the human rights of incarcerated
 individuals, their families, and their loved ones. While some  of  these
 rights  are protected by the law and constitution of New York State, and
 the law and constitution of the United  States,  it  is  well-documented
 that the rights protected under existing law are often not recognized in
 practice  and  that  there are gaps in existing law.  The intent of this
 act is to: (i) make clear some of the rights that  already  exist  under
 New York law but are not being consistently followed, (ii) close some of
 the  gaps  in  existing  law, and (iii) enshrine into New York State law
 some of the well-established principles and obligations  under  interna-
 tional human rights law.
   B.  Numerous  recent  studies, reports, and court decisions have docu-
 mented systemic, widespread, and persistent human rights  violations  in
 New York's correctional facilities. These include: NYS Inspector General
 Lucy Lang, RACIAL DISPARITIES IN THE ADMINISTRATION OF DISCIPLINE IN NEW
 YORK STATE PRISONS, November 2022; Neff, Santo, and Meagher, HOW A 'BLUE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13213-04-3
              

 S. 7772                             2
 
 WALL'  INSIDE  NEW YORK STATE PRISONS PROTECTS ABUSIVE GUARDS, The Mars-
 hall Project in partnership with the New York  Times,  May  2023;  Neff,
 Santo,  and  Meagher, IN NEW YORK PRISONS GUARDS WHO BRUTALIZE PRISONERS
 RARELY  GET FIRED, The Marshall Project in partnership with the New York
 Times, May 2023; Law, V., THE WORST PRISON IN  NEW  YORK  STATE,  Prison
 Legal  News,  March 2022; Gelardi and Brown, STATE PRISONS ARE ROUTINELY
 VIOLATING NEW YORK'S LANDMARK SOLITARY CONFINEMENT LAW, New York  Focus,
 September  2022; Bryant, 19 PEOPLE HAVE DIED FROM NYC JAILS IN 2022, The
 Vera Project, December 2022; Weill-Greenberg, DISABLED AND ABANDONED  IN
 NEW  YORK  STATE PRISONS, The Nation, October 2021; Marcius, HUNDREDS OF
 WOMEN SET TO SUE NEW YORK OVER ALLEGATIONS OF PRISON SEX ABUSE, New York
 Times, November 2022; Monitor's Reports in NUNEZ, ET AL. V. NYC  DEPART-
 MENT  OF  CORRECTION, ET AL., 11-cv-05845 (LTS) (SDNY) (multiple reports
 issued by Court-appointed Monitor as part of the settlement of  a  class
 action  lawsuit  relating  to  conditions in NYC jails on Rikers Island,
 starting in 2016 and continuing to the present); and Post-Visit Briefing
 Reports issued periodically by the Correctional Association of New  York
 ("CANY")  pursuant  to  their  statutory authority to conduct monitoring
 visits in NYS prisons (Nine Post-Visit Briefings  were  issued  by  CANY
 from  June  2021  through  December 2022. Among the findings during this
 period were that 45% of incarcerated  individuals  interviewed  reported
 witnessing  or  experiencing verbal, physical, or sexual abuse by prison
 staff, and 36% reported witnessing or experiencing racialized  abuse  by
 prison staff.).
   C.  Some  of  the human rights of incarcerated individuals in New York
 State are protected by provisions in the New  York  State  Constitution,
 including,  Article I, sections 5 (prohibiting cruel and unusual punish-
 ment), 6 (right to due process), 8 (right to speak freely), 11  (guaran-
 teeing  equal  protection of the laws), and 12 (prohibiting unreasonable
 searches and seizures); the United States  Constitution,  including  the
 1st  Amendment (free speech), 4th Amendment (prohibition of unreasonable
 searches and seizures), 8th Amendment (prohibition of cruel and  unusual
 punishments),  and  14th Amendment (guaranteeing equal protection of the
 law and due process of law).  However, these provisions and laws do  not
 go  far enough to protect the rights of people incarcerated in New York.
 The intent of this act, in part, is to incorporate  into  New  York  law
 additional human rights protections for incarcerated people as enshrined
 in key documents included in the body of international human rights law,
 including,  the  United Nations Declaration of Human Rights, recognizing
 basic human rights applicable to all people, including,  in  Article  5,
 the  right  not  to  be  subjected  to  torture or to cruel, inhuman, or
 degrading treatment or punishment; the International Covenant  of  Civil
 and  Political Rights, including Article 7 (No one shall be subjected to
 torture or to cruel, inhuman or degrading treatment or punishment),  and
 Article  10 (All persons deprived of their liberty shall be treated with
 humanity and with respect for the inherent dignity of the human person);
 the Basic Principles for the Treatment of  Prisoners  (General  Assembly
 Resolution  45/111);  the  Convention  Against  Torture and Other Cruel,
 Inhuman, or Degrading Treatment or Punishment; the United Nations Stand-
 ard Minimum Rules for the Treatment of  Prisoners  (the  Nelson  Mandela
 Rules);  and  other  applicable  and binding principles of international
 human rights law.
   D. The fundamental approach of international human rights law  to  the
 treatment  of  people  in  prison  is expressed in Rule 3 of the Mandela
 Rules, which recognizes  that  "imprisonment  and  other  measures  that
 result  in  cutting off persons from the outside world are afflictive by
 S. 7772                             3
 
 the very fact of taking from these persons the right of  self-determina-
 tion  by  depriving  them  of their liberty. Therefore the prison system
 shall not, except as incidental to justifiable separation or the mainte-
 nance  of  discipline,  aggravate the suffering inherent in such a situ-
 ation." In turn, Rule 4 requires that  incarceration  must  be  used  to
 "ensure  the  reintegration of such persons into society upon release so
 that they can lead a law-abiding and self-supporting life"  and  Rule  5
 thus  requires  prisons  and  jails to "minimize any differences between
 prison life and life at liberty that tend to lessen  the  responsibility
 of  the  {incarcerated  people}  or  the respect due to their dignity as
 human beings."
   To effectuate these rights, the Mandela  Rules  require,  among  other
 protections,  that  incarcerated people be allowed regular communication
 with their family and friends,  including  through  visits  and  through
 writing,  telecommunication,  electronic  means, and digital means (Rule
 58.1), that people in prison have a right to "food of nutritional  value
 adequate for health and strength, of wholesome quality and well prepared
 and  served", and that any use of force against an incarcerated individ-
 ual be "no more than is strictly necessary" (Rule 82). They also  estab-
 lish  basic  rights  related  to  access  to  programming and treatment,
 connections to community  entities,  and  restrictions  on  the  use  of
 restraints.
   E. In keeping with these legislative findings, this act aims to clear-
 ly  recognize  and  establish  the  broad  human  rights  framework that
 protects all incarcerated  individuals  in  New  York  State.  This  act
 specifically addresses certain issues that have arisen in New York pris-
 ons  and  jails  in recent years.   That has included: violations of the
 HALT Solitary Confinement Law; restrictions  on  packages,  visits,  and
 mail; staff abuse and brutality; and denials of other basic rights.
   In  regard  to some of these issues, the law is already clear, but New
 York's prisons and jails are not consistently following it. For example,
 despite clarity concerning who qualifies  as  disabled  under  the  HALT
 Solitary Confinement Law, and who, therefore, cannot be placed in segre-
 gated  confinement,  the  NYS  Department  of  Corrections and Community
 Supervision has consistently placed people with disabilities  in  segre-
 gated  confinement.  The  intent  of  the amendments to paragraph (c) of
 subdivision 33 of section 2 of the correction law made by  section  five
 of  this  act  is not to define disability, which is already in the law,
 but rather to make clear via examples what is already required. Similar-
 ly, while the correction law is already clear that people facing  possi-
 ble  placement in segregated confinement or facing Tier III tickets must
 have access to meaningful representation, including by any lawyer or law
 student; that hearing officers must conduct  individualized  assessments
 of  the fact to determine if the allegations meet the threshold require-
 ments for placement in segregated confinement or alternatives; and  that
 people in alternative disciplinary units must have access to out-of-cell
 time in group settings, access to core programs available in the general
 population;  and  a  presumption against the use of restraints unless an
 individualized determination is made finding a significant and unreason-
 able risk, prisons and jails are not complying with these provisions and
 so this act reiterates and clarifies these requirements.
   This act is not intended as an all-inclusive compendium of  the  human
 rights  protections  afforded to people in jail or prison under interna-
 tional law, as the intent is to correct  and  clarify  certain  specific
 rights   within   the   overall  human  rights  framework.  Among  other
 protections, this act aims to ensure that people have a right  to  visit
 S. 7772                             4
 
 with  their  loved  ones, to have regular communication with their loved
 ones, to receive care packages from their loved ones, to have access  to
 healthy and nutritious food, to be free from staff brutality and retali-
 ation,  to  be  free from the torture of prolonged solitary confinement,
 and to have access to real and meaningful out-of-cell group  programming
 and  engagement.  Recognition of these basic human rights will alleviate
 suffering of incarcerated individuals, strengthen ties with families and
 communities, better prepare people for release, increase safety in pris-
 ons and jails and in outside communities, and unequivocally establish as
 the policy of the State of  New  York  that  brutality,  racism,  sexual
 abuse,  harassment,  and denials of access to family and loved ones have
 no place in New York's jails and prisons and will not be tolerated.
   § 3. Section 2 of the correction law is amended by adding  eleven  new
 subdivisions  35,  36,  37, 38, 39, 40, 41, 42, 43, 44 and 45 to read as
 follows:
   35. "CONTACT VISIT" MEANS A VISIT BETWEEN AN  INCARCERATED  INDIVIDUAL
 AND ONE OR MORE VISITORS IN A VISITING ROOM OR EQUIVALENT SPACE IN WHICH
 THE  INCARCERATED  INDIVIDUAL  AND  THEIR  VISITOR ARE IN THE SAME UNOB-
 STRUCTED SPACE AS EACH  OTHER  WITHOUT  PHYSICAL  BARRIERS  BETWEEN  THE
 INCARCERATED INDIVIDUAL AND THEIR VISITOR OR VISITORS, THAT IS CONDUCIVE
 TO  MEANINGFUL  SOCIAL INTERACTION AND ACTIVITY, AND WITH THE ABILITY TO
 INTERACT FREELY WITH THEIR VISITOR, INCLUDING BUT  NOT  LIMITED  TO  THE
 ABILITY  TO COMMUNICATE FREELY, HOLD HANDS, HUG, KISS, HAVE OTHER APPRO-
 PRIATE PHYSICAL CONTACT, PURCHASE AND SHARE FOOD  AND  DRINKS  FROM  THE
 VENDING MACHINE, AND TAKE PHOTOGRAPHS TOGETHER.
   36.  "VISITOR" MEANS ANY INDIVIDUAL WHO COMES TO VISIT A PERSON INCAR-
 CERATED IN A CORRECTIONAL FACILITY OR SECURE  FACILITY,  INCLUDING,  BUT
 NOT LIMITED TO, A FAMILY MEMBER, FRIEND, ADVOCATE, OR LOVED ONE.
   37.  "CELL"  MEANS ANY ROOM, AREA OR SPACE THAT IS USED OR IS INTENDED
 TO BE USED BY AN INCARCERATED INDIVIDUAL FOR SLEEP, OR  THAT  IS  NOT  A
 SHARED SPACE CONDUCIVE TO MEANINGFUL CONGREGATE SOCIAL INTERACTION AMONG
 MANY  PEOPLE  IN  A  GROUP  SETTING  WHERE AN INDIVIDUAL IS HELD FOR ANY
 PURPOSE.
   38. "CELL CONFINEMENT" MEANS BEING IN A CELL.
   39. "OUT-OF-CELL" MEANS BEING IN A SPACE OUTSIDE OF, AND  IN  AN  AREA
 AWAY  FROM, A CELL, IN A GROUP SETTING WITH OTHER PEOPLE ALL IN THE SAME
 SHARED SPACE WITHOUT PHYSICAL BARRIERS BETWEEN PEOPLE THAT IS  CONDUCIVE
 TO MEANINGFUL AND CONGREGATE SOCIAL INTERACTION AND ACTIVITY.
   40.  "CONGREGATE  RECREATION"  MEANS OUT-OF-CELL RECREATION IN A GROUP
 SETTING WITH OTHER PEOPLE ALL IN THE SAME SHARED SPACE THAT TAKES  PLACE
 OUTSIDE,  WEATHER  PERMITTING,  IN  AN  OPEN YARD WITHOUT BEING CAGED OR
 COVERED, AND WHEN WEATHER DOES NOT PERMIT OR WHEN AN INCARCERATED  INDI-
 VIDUAL SO CHOOSES, IN A NON-CAGED GYMNASIUM OR EQUIVALENT.
   41. "CORE PROGRAMS" MEANS ANY AND ALL PROGRAMS THAT CAN BE ASSIGNED BY
 A   DEPARTMENT  PROGRAM  COMMITTEE,  ANY  AND  ALL  REQUIRED  DEPARTMENT
 PROGRAMS, AND ANY AND ALL PROGRAMS THAT ARE CONSIDERED FOR  PURPOSES  OF
 GOOD  TIME,  MERIT  TIME, OTHER TIME ALLOWANCE, PAROLE RELEASE, OR OTHER
 RELEASE MECHANISMS. CORE PROGRAMS SHALL INCLUDE, BUT NOT BE LIMITED  TO,
 ACADEMIC  CLASSES,  VOCATIONAL  PROGRAMS, TRANSITIONAL SERVICES, ALCOHOL
 AND SUBSTANCE ABUSE  TREATMENT,  AGGRESSION  REPLACEMENT  TRAINING,  SEX
 OFFENSE  COUNSELING  AND  TREATMENT,  AND ANY OTHER ASSIGNED OR REQUIRED
 PROGRAMS.
   42. "REPRESENTED" MEANS AN INCARCERATED INDIVIDUAL HAVING AN  ATTORNEY
 (LICENSED  IN  ANY  JURISDICTION OF THE UNITED STATES), LAW STUDENT WITH
 SUPERVISION BY ANY ATTORNEY REGARDLESS OF WHETHER THE ATTORNEY IS AFFIL-
 IATED WITH A LAW SCHOOL, PARALEGAL,  OR  OTHER  INCARCERATED  INDIVIDUAL
 S. 7772                             5
 
 PROVIDE  REPRESENTATION  AT  ANY AND ALL STAGES OF A HEARING AND APPEAL,
 INCLUDING BUT NOT LIMITED TO OPENING AND CLOSING  STATEMENTS,  PRESENTA-
 TION  OF  EVIDENCE,  CALLING  AND QUESTIONING WITNESSES, CROSS-EXAMINING
 WITNESSES,  READING OF THE DISPOSITION, SENTENCING, AND APPEAL, WITH THE
 CHOICE BY THE INCARCERATED INDIVIDUAL AND THEIR REPRESENTATIVE OF EITHER
 HAVING THE REPRESENTATIVE PHYSICALLY PRESENT AT ANY AND  ALL  STAGES  OF
 THE  HEARING  IN THE SAME ROOM AND/OR PARTICIPATING THROUGH VIDEOCONFER-
 ENCE.
   43. "PERSONAL PROPERTY" MEANS ANY  AND  ALL  PROPERTY  THAT  HAS  BEEN
 LAWFULLY  IN THE POSSESSION OF AN INCARCERATED INDIVIDUAL, INCLUDING BUT
 NOT LIMITED TO, FOR THE PURPOSES OF STATE  CORRECTIONAL  FACILITIES  ALL
 ITEMS  LISTED  IN DEPARTMENT DIRECTIVE FORTY-NINE HUNDRED THIRTEEN AS OF
 JUNE FOURTEENTH, TWO THOUSAND  TWENTY-TWO  AND  FOR  PURPOSES  OF  LOCAL
 CORRECTIONAL  FACILITIES AND SECURE FACILITIES ALL ITEMS PERMITTED UNDER
 APPLICABLE RULES AND REGULATIONS TO EACH FACILITY AS OF OCTOBER  TWENTI-
 ETH,  TWO  THOUSAND  TWENTY-THREE.  IF  A  PERSON  HAS  A STATIC TABLET,
 PERSONAL PROPERTY INCLUDES A STATIC TABLET AND THE PERSON SHALL BE  ABLE
 TO  USE  THAT  TABLET,  IN ADDITION TO ANY OTHER TABLET, FOR PURPOSES OF
 MAKING PHONE CALLS, EMAILS, AND OTHER USES. IF A PERSON IS AT A FACILITY
 THAT  ALLOWS  TELEVISIONS,  PERSONAL  PROPERTY   INCLUDES   TELEVISIONS.
 PERSONAL  PROPERTY  SHALL  ALSO  INCLUDE TYPEWRITERS, ASSISTIVE DEVICES,
 APPROVED ELECTRONIC DEVICES, BOOKS-ON-TAPE PLAYERS, AND ANY OTHER  PROP-
 ERTY   THAT  AN  INCARCERATED  INDIVIDUAL  HAS  LAWFULLY  HAD  IN  THEIR
 POSSESSION.
   44. "SECURE FACILITY" MEANS (A) ALL FORENSIC MENTAL HEALTH FACILITIES,
 INCLUDING THOSE THAT HOLD PEOPLE PURSUANT TO SECTION 330.20 OR 730.50 OF
 THE CRIMINAL PROCEDURE LAW OR 14 NYCRR PART 57, AND  INCLUDING  BUT  NOT
 LIMITED  TO  THE  MID-HUDSON FORENSIC PSYCHIATRIC CENTER, KIRBY FORENSIC
 PSYCHIATRIC CENTER, ROCHESTER  REGIONAL  FORENSIC  UNIT,  AND  NORTHEAST
 REGIONAL  FORENSIC UNIT; (B) ALL SECURE TREATMENT FACILITIES, AS DEFINED
 IN SUBDIVISION (O) OF SECTION 10.03 OF THE MENTAL HYGIENE LAW, INCLUDING
 BUT NOT LIMITED TO THE CENTRAL  NEW  YORK  PSYCHIATRIC  CENTER  AND  ST.
 LAWRENCE PSYCHIATRIC CENTER; AND (C) ALL SECURE MENTAL HEALTH FACILITIES
 HOLDING  PEOPLE  PURSUANT  TO  SECTION  FOUR HUNDRED TWO OR FIVE HUNDRED
 EIGHT OF THIS CHAPTER.
   45. "INCARCERATED INDIVIDUAL" MEANS ANY PERSON CONFINED IN A STATE  OR
 LOCAL CORRECTIONAL FACILITY OR SECURE FACILITY.
   §  4.  Subdivision 23 of section 2 of the correction law is amended by
 adding three new paragraphs (a), (b) and (c) to read as follows:
   (A) A PERSON MAY ONLY BE PLACED IN CELL CONFINEMENT  BEYOND  SEVENTEEN
 HOURS  A  DAY  FOR  PURPOSES  OF MEDICAL OR MENTAL HEALTH TREATMENT IF A
 LICENSED MEDICAL  PROFESSIONAL  DETERMINES  THAT  THE  CELL  CONFINEMENT
 ITSELF  IS MEDICALLY NECESSARY TO CARRY OUT THE MEDICAL OR MENTAL HEALTH
 TREATMENT, SUCH AS FOR PURPOSES OF SUICIDE WATCH, MEDICAL ISOLATION,  OR
 MEDICAL  QUARANTINE.  SUCH  DETERMINATION SHALL BE DOCUMENTED IN WRITING
 AND SHALL BE REVIEWED AND REAUTHORIZED BY  A  LICENSED  MEDICAL  PROFES-
 SIONAL AT LEAST ONCE EVERY FORTY-EIGHT HOURS.
   (B)  A  PERSON  MAY ONLY BE HELD IN SUCH CONFINEMENT PURSUANT TO PARA-
 GRAPH (A) OF THIS SUBDIVISION FOR AS LIMITED A TIME AS MEDICALLY  NECES-
 SARY,  AS  EXCLUSIVELY DETERMINED BY MEDICAL OR MENTAL HEALTH STAFF, AND
 IN THE LEAST RESTRICTIVE ENVIRONMENT THAT IS MEDICALLY  APPROPRIATE,  AS
 DETERMINED EXCLUSIVELY BY MEDICAL OR MENTAL HEALTH STAFF.
   (C)  CELL  CONFINEMENT  PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION
 SHALL BE IN AN APPROPRIATE SPACE CONDUCIVE TO MEDICAL OR  MENTAL  HEALTH
 TREATMENT. WHILE IN SUCH CONFINEMENT A PERSON SHALL AT LEAST HAVE ACCESS
 TO: (I) A TABLET PURSUANT TO PARAGRAPH (T) OF SUBDIVISION SIX OF SECTION
 S. 7772                             6
 
 ONE  HUNDRED  THIRTY-SEVEN  OF  THIS  CHAPTER  UNLESS A LICENSED MEDICAL
 PROFESSIONAL DETERMINES THAT ACCESS TO A TABLET WOULD BE HARMFUL TO  THE
 PERSON  BASED  ON  MEDICAL OR MENTAL HEALTH-RELATED REASONS; (II) HIS OR
 HER  FULL  COMPLEMENT OF PROPERTY UNLESS A LICENSED MEDICAL PROFESSIONAL
 DETERMINES THAT ACCESS TO A PARTICULAR ITEM IS INAPPROPRIATE FOR MEDICAL
 OR MENTAL HEALTH-RELATED REASONS; AND   (III) CORE  PROGRAMS  AND  OTHER
 PROGRAMMING  AND  ENGAGEMENT  AVAILABLE  TO  PEOPLE  INCARCERATED IN THE
 GENERAL POPULATION BUT DONE IN A MANNER CONSISTENT WITH THE MEDICAL  AND
 MENTAL  HEALTH  TREATMENT BEING RECEIVED, SUCH AS AT A PHYSICAL DISTANCE
 DETERMINED APPROPRIATE BY MEDICAL OR MENTAL HEALTH STAFF.
   § 5. Subdivision 33 of section 2 of the correction law,  as  added  by
 chapter 93 of the laws of 2021, is amended 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
 two hundred ninety-two of the executive law, INCLUDING BUT  NOT  LIMITED
 TO:  (I) ALL PEOPLE WITH ANY MENTAL HEALTH DIAGNOSIS; (II) ALL PEOPLE ON
 THE OFFICE OF MENTAL HEALTH CASELOAD CURRENTLY; (III)  ALL  PEOPLE  WITH
 ANY INTELLECTUAL, DEVELOPMENTAL, OR COGNITIVE DIAGNOSIS; (IV) ALL PEOPLE
 WITH  ANY  PHYSICAL DISABILITY DIAGNOSIS OR MOBILITY IMPAIRMENT; (V) ALL
 PEOPLE WITH ANY SENSORIAL DISABILITY DIAGNOSIS; AND (VI) ALL PEOPLE WITH
 TRAUMATIC BRAIN INJURY OR ORGANIC BRAIN SYNDROME; (D) WHO  HAD  BEEN  ON
 THE  OFFICE  OF MENTAL HEALTH CASELOAD, OR HAD ANY MENTAL HEALTH DIAGNO-
 SIS, WITHIN THE PREVIOUS YEAR; (E) WHO HAD A DIAGNOSIS OF  INTELLECTUAL,
 DEVELOPMENTAL,  COGNITIVE,  PHYSICAL, OR SENSORIAL DISABILITY WITHIN THE
 PREVIOUS YEAR; or [(d)] (F) who is pregnant, in the first [eight] TWELVE
 weeks of the post-partum recovery period after giving birth,  EXPERIENC-
 ING  A  MISCARRIAGE,  OR TERMINATING A PREGNANCY, OR LONGER IF MEDICALLY
 NECESSARY, or caring for a child in a correctional institution  pursuant
 to [subdivisions] SUBDIVISION two or three of section six hundred eleven
 of this chapter.
   § 6. Subdivision 3 of section 137 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   3.  Each  incarcerated individual shall be entitled to clothing suited
 to the season and weather  conditions,  INCLUDING  BUT  NOT  LIMITED  TO
 APPROPRIATE  WINTER  WEATHER  CLOTHING, MULTIPLE LAYERS OF CLOTHING, AND
 THE ABILITY TO WEAR PERSONAL CLOTHING UNDER STATE ISSUED  CLOTHING  WHEN
 GOING  TO  PROGRAMS,  RECREATION,  VISITS,  FACILITY MEDICAL, OR MEDICAL
 TRIPS WHEN THE TEMPERATURE IS FORTY-FIVE DEGREES  OR  BELOW,  and  to  a
 sufficient quantity of QUALITY, wholesome and nutritious food, INCLUDING
 A FULL RANGE AND VARIETY OF FRESH FRUITS AND VEGETABLES, CONSISTENT WITH
 NUTRITIONAL  GUIDELINE  REQUIREMENTS  DEVELOPED  BY  THE  DEPARTMENT  OF
 HEALTH. MEDICALLY NECESSARY DIETS, INCLUDING BUT NOT LIMITED TO DIABETIC
 AND HEART HEALTH DIETS, AND RELIGIOUS DIETS, SHALL BE PROVIDED AND BE OF
 COMPARABLE QUALITY AND VARIETY AS GENERAL POPULATION MEALS.
   (A) EACH INCARCERATED INDIVIDUAL SHALL BE AFFORDED SUFFICIENT TIME  TO
 EAT  THEIR  MEALS,  INCLUDING THAT ALL PEOPLE SHALL BE PROVIDED AT LEAST
 TWENTY MINUTES AFTER RECEIVING THEIR FOOD TO EAT DURING MEAL  TIMES  AND
 THAT  ANY  PERSON  WHO REQUIRES ADDITIONAL TIME DUE TO AGE OR DISABILITY
 SHALL BE PROVIDED SUFFICIENT ADDITIONAL TIME. EACH INCARCERATED INDIVID-
 UAL SHALL BE ALLOWED TO BRING LEFTOVER FOOD OUT OF THE MESS  HALL  IN  A
 SMALL  BOWL.    To  the  extent practicable, the clothing and bedding of
 incarcerated individuals shall be manufactured and laundered  in  insti-
 tutions in the department.
 S. 7772                             7
 
   (B)  EACH  INCARCERATED  INDIVIDUAL  WHO  USES  A  WHEELCHAIR SHALL BE
 PROVIDED AN ASSISTANT TO HELP PUSH THE WHEELCHAIR IF THE PERSON WHO USES
 THE WHEELCHAIR CHOOSES TO HAVE SUCH AN ASSISTANT.
   § 7. Subdivision 5 of section 137 of the correction law, as amended by
 chapter 322 of the laws of 2021,  is amended to read as follows:
   5. No incarcerated individual in the care or custody of the department
 shall  be  subjected  to degrading treatment[, and no]. NO officer [or],
 other employee of the department, OR  OTHER  GOVERNMENT  EMPLOYEE  shall
 [inflict any blows whatever] USE FORCE upon any incarcerated individual,
 [unless  in  self defense, or to suppress a revolt or insurrection. When
 any incarcerated individual, or group of incarcerated individuals, shall
 offer violence to any person, or do or attempt to do any injury to prop-
 erty, or attempt to escape, or resist or disobey any  lawful  direction,
 the  officers and employees shall use all suitable means to defend them-
 selves, to maintain order, to  enforce  observation  of  discipline,  to
 secure  the  persons of the offenders and to prevent any such attempt or
 escape] EXCEPT AS A LAST RESORT  AFTER  EXHAUSTING  DE-ESCALATION  TECH-
 NIQUES  AND  WHERE  THERE  ARE  NO  PRACTICAL  ALTERNATIVES AVAILABLE TO
 PREVENT: (I) IMMINENT PHYSICAL HARM TO OTHER  INCARCERATED  INDIVIDUALS,
 STAFF, VISITORS, OR OTHER PERSONS; (II) MAJOR PROPERTY DAMAGE THAT RAIS-
 ES  AN  IMMINENT SAFETY AND SECURITY RISK; OR (III) ESCAPE. WHEN THE USE
 OF FORCE IS AUTHORIZED, OFFICERS AND  EMPLOYEES  SHALL  ALWAYS  USE  THE
 MINIMUM  AMOUNT NECESSARY TO DEFEND THEMSELVES, TO SECURE THE PERSONS OF
 INCARCERATED INDIVIDUALS, TO PREVENT IMMINENT PHYSICAL HARM, TO  PREVENT
 MAJOR  PROPERTY DAMAGE THAT RAISES AN IMMINENT SAFETY AND SECURITY RISK,
 AND TO PREVENT AN ESCAPE.  ANY FORCE USED SHALL BE PROPORTIONAL  TO  THE
 THREAT ENCOUNTERED.  CONTRACTORS AND VOLUNTEERS ARE PROHIBITED FROM EVER
 USING FORCE.
   (A) ALL OFFICERS, DEPARTMENT EMPLOYEES, AND GOVERNMENT EMPLOYEES WORK-
 ING  OR  OPERATING  IN  A CORRECTIONAL FACILITY SHALL BE PROHIBITED FROM
 USING EXCESSIVE AND UNNECESSARY FORCE, FORCE AFTER CONTROL OF AN  INCAR-
 CERATED  INDIVIDUAL  HAS  BEEN  ESTABLISHED,  AND ALL HIGH IMPACT FORCE,
 INCLUDING BUT NOT LIMITED TO (I) STRIKES OR BLOWS  TO  THE  HEAD,  FACE,
 GROIN,  NECK,  KIDNEYS,  AND  SPINAL COLUMN, (II) KICKS, AND (III) CHOKE
 HOLDS, CAROTID RESTRAINT HOLDS, AND OTHER NECK RESTRAINTS EXCEPT WHERE A
 PERSON IS IN IMMINENT DANGER OF DEATH OR  EQUIVALENT  LEVEL  OF  SERIOUS
 BODILY INJURY AND WHERE LESSER MEANS ARE IMPRACTICAL OR INEFFECTIVE.
   (B)  NO OFFICER, OTHER EMPLOYEE OF THE DEPARTMENT, OR OTHER GOVERNMENT
 EMPLOYEE WORKING OR OPERATING IN A CORRECTIONAL FACILITY SHALL CARRY  OR
 USE A STEEL BATON. ANY USE OF OTHER BATONS, CHEMICAL SPRAY, OR ANY OTHER
 WEAPONS SHALL COMPLY WITH ALL PROVISIONS OF THIS SUBDIVISION.
   (C)  NO  OFFICER,  OTHER  EMPLOYEE  OF THE DEPARTMENT OR THE OFFICE OF
 MENTAL HEALTH, OR OTHER GOVERNMENT EMPLOYEE WORKING OR  OPERATING  IN  A
 CORRECTIONAL  FACILITY  OR  SECURE  FACILITY  SHALL CARRY OUT, NOR CAUSE
 OTHERS TO CARRY OUT, ANY FORM OF RETALIATION AGAINST ANY  PERSON  INCAR-
 CERATED  IN A CORRECTIONAL FACILITY OR CONFINED IN A SECURE FACILITY FOR
 REPORTING MISCONDUCT, REPORTING AN INCIDENT, RAISING A COMPLAINT, FILING
 A GRIEVANCE, FILING A LAWSUIT, TAKING OTHER LEGAL ACTION,  COMMUNICATING
 WITH  THE MEDIA, LAWMAKERS, THE CORRECTIONAL ASSOCIATION OF NEW YORK, AN
 ATTORNEY, AN ADVOCATE, ANY INVESTIGATIVE BODY OR  ANY  OTHER  PERSON  OR
 ENTITY,  OTHERWISE EXERCISING OR ASSERTING THE RIGHTS OF INCARCERATED OR
 CONFINED INDIVIDUALS OR  ASSERTING  RESPONSIBILITIES  OF  STAFF  OR  THE
 DEPARTMENT,  TAKING  ANY  OTHER  SIMILAR  ACTION,  OR SUPPORTING ANOTHER
 INCARCERATED OR CONFINED INDIVIDUAL IN TAKING ANY OF THE ACTIONS IN THIS
 PARAGRAPH.
 S. 7772                             8

   (D) NO OFFICER, OTHER EMPLOYEE OF THE DEPARTMENT OR THE DEPARTMENT  OF
 MENTAL  HEALTH,  OR  OTHER GOVERNMENT EMPLOYEE WORKING OR OPERATING IN A
 CORRECTIONAL FACILITY OR SECURE FACILITY SHALL PROVIDE ANY FALSE  INFOR-
 MATION  ON  A  MISBEHAVIOR REPORT, UNUSUAL INCIDENT REPORT, USE OF FORCE
 REPORT,  OR ANY OTHER DOCUMENT, AND ALL OFFICERS, EMPLOYEES, AND GOVERN-
 MENT EMPLOYEES WORKING OR OPERATING IN A CORRECTIONAL FACILITY OR SECURE
 FACILITY SHALL HAVE A DUTY TO REPORT, AND PROVIDE ALL RELEVANT  INFORMA-
 TION  REGARDING,  ANY  AND  ALL  OBSERVED MISCONDUCT BY ANOTHER OFFICER,
 EMPLOYEE, OR PERSON WORKING OR OPERATING IN A CORRECTIONAL  FACILITY  OR
 SECURE FACILITY.
   §  8. Subdivision 6 of section 137 of the correction law is amended by
 adding seven new paragraphs (p), (q), (r), (s), (t), (u) and (v) to read
 as follows:
   (P) (I) ALL PERSONS INCARCERATED IN A CORRECTIONAL FACILITY OR  SECURE
 FACILITY  SHALL  HAVE  THE  RIGHT TO IN-PERSON CONTACT VISITS WITH UP TO
 FOUR VISITORS AT A TIME, EVERY DAY OF THE WEEK FOR MANY HOURS  PER  DAY.
 VISITATION  SHALL  BE  ALLOWED AT ALL CORRECTIONAL FACILITIES AND SECURE
 FACILITIES, SEVEN DAYS A WEEK,  EVERY  DAY  OF  THE  YEAR.  THE  NUMBER,
 LENGTH,  AND  FREQUENCY OF VISITS BY EACH VISITOR MAY BE LIMITED ONLY AS
 NECESSARY TO ACCOMMODATE ALL VISITORS WHO ARRIVE DURING SCHEDULED VISIT-
 ING TIMES, AND ANY SUCH LIMITATIONS SHALL NEVER INFRINGE UPON THE  MINI-
 MUM  VISIT  REQUIREMENTS  IN  THIS  PARAGRAPH. MULTIPLE SETS OF VISITORS
 SHALL BE ALLOWED TO VISIT AN INCARCERATED INDIVIDUAL AT DIFFERENT  TIMES
 ON THE SAME DAY, AND A VISITOR SHALL BE ALLOWED TO VISIT MULTIPLE INCAR-
 CERATED  INDIVIDUALS  AT  DIFFERENT  TIMES ON THE SAME DAY. IF A VISITOR
 LEAVES THE CORRECTIONAL FACILITY, THEY SHALL HAVE THE ABILITY TO  RETURN
 TO  THE  FACILITY  THAT  DAY TO PARTICIPATE IN A VISIT, INCLUDING EITHER
 WITH THE SAME INCARCERATED INDIVIDUAL ORIGINALLY VISITED OR A  DIFFERENT
 INCARCERATED INDIVIDUAL.
   (II)  NEITHER  THE  DEPARTMENT  NOR  THE  OFFICE  OF MENTAL HEALTH MAY
 RESTRICT AN INCARCERATED INDIVIDUAL'S VISITS AS A  DISCIPLINARY  MEASURE
 OR  FOR ANY OTHER REASON, NOR MAY EITHER AGENCY DENY OR RESTRICT A VISI-
 TOR'S ABILITY TO VISIT SO LONG AS  THE  PERSON  VISITED  AGREES  TO  THE
 VISIT.
   (III)  EACH  CORRECTIONAL  FACILITY  AND SECURE FACILITY SHALL PROCESS
 VISITORS AND BRING DOWN PEOPLE IN SUCH FACILITIES TO A  VISIT  AS  EXPE-
 DITIOUSLY  AS  POSSIBLE,  INCLUDING ENSURING THAT THE VISITED PERSON AND
 THEIR VISITOR ARE ABLE TO BE TOGETHER STARTING WITHIN ONE  HOUR  OF  THE
 VISITOR  ARRIVING AT THE FACILITY, UNLESS THE VISITED PERSON VOLUNTARILY
 CHOOSES TO TAKE MORE TIME TO COME FOR THE VISIT.  ALL  VISITORS  WAITING
 FOR  A VISIT SHALL HAVE BASIC NEEDS MET WHILE WAITING, INCLUDING BUT NOT
 LIMITED TO BEING ABLE TO WAIT INSIDE, BEING ABLE TO COMFORTABLY SIT, AND
 HAVING ACCESS TO DRINKING WATER AND BATHROOM FACILITIES.
   (IV) NO DRUG DETECTING DOGS MAY BE USED INSIDE OF ANY  VISITING  ROOMS
 OR OTHER AREAS WHERE A VISITED PERSON IS MEETING WITH THEIR VISITOR.
   (V) VIDEOCONFERENCING MAY SUPPLEMENT, BUT SHALL NOT TAKE THE PLACE OF,
 IN-PERSON VISITS.
   (VI) EACH INCARCERATED INDIVIDUAL SHALL BE PROVIDED THE OPPORTUNITY TO
 TAKE A SHOWER BEFORE ANY VISIT.
   (Q)  ALL PERSONS IN A CORRECTIONAL FACILITY OR A SECURE FACILITY SHALL
 HAVE THE RIGHT TO RECEIVE PACKAGES FROM ANY PERSON THROUGH DIRECT  MAIL,
 DURING A VISIT TO A CORRECTIONAL FACILITY OR SECURE FACILITY, OR BY MAIL
 FROM  COMMERCIAL SOURCES. THE DEPARTMENT SHALL NOT REQUIRE THAT PACKAGES
 BE PURCHASED FROM OR DELIVERED BY A VENDOR, SHALL NOT REQUIRE THAT PACK-
 AGES THAT ARE PURCHASED OR DELIVERED FROM A VENDOR COME FROM  A  PARTIC-
 ULAR  VENDOR  OR VENDORS, AND SHALL NOT RESTRICT THE ABILITY OF A PERSON
 S. 7772                             9
 
 TO DIRECTLY SEND ITEMS TO AN INCARCERATED INDIVIDUAL THROUGH THE FACILI-
 TY PACKAGE ROOM OR DIRECTLY DELIVER ITEMS TO AN INCARCERATED  INDIVIDUAL
 THROUGH  THE  VISITING  PROCESS. THE DEPARTMENT SHALL PROVIDE FOR PROMPT
 DELIVERY  TO  INCARCERATED INDIVIDUALS OF ALL PACKAGES, INCLUDING PROMPT
 DELIVERY OF PERISHABLE FOOD ITEMS TO AVOID EXPIRATION OR  SPOILAGE.  ALL
 PACKAGES  SHALL  BE  DELIVERED TO INCARCERATED INDIVIDUALS WITHIN FORTY-
 EIGHT HOURS FROM THE TIME THE PACKAGE ARRIVES AT  THE  FACILITY,  EXCEPT
 THAT  ALL PACKAGES THAT ARE BROUGHT ON A VISIT SHALL BE DELIVERED TO THE
 INCARCERATED INDIVIDUAL ON THE SAME DAY AS THE VISIT.  IF ANY ITEM IN  A
 PACKAGE IS DISALLOWED, THE INCARCERATED INDIVIDUAL SHALL HAVE THE OPTION
 TO,  WITHIN  FOURTEEN  DAYS OF RECEIVING WRITTEN NOTICE THAT THE ITEM IS
 DISALLOWED, DONATE THE ITEM TO  THE  CHARITABLE  ORGANIZATION  OF  THEIR
 CHOOSING,  RETURN THE ITEM VIA THE VISITING ROOM, OR RETURN THE ITEM VIA
 MAIL AT THEIR OWN EXPENSE. ITEMS THAT MAY  BE  PART  OF  PACKAGES  SHALL
 INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING ITEMS, AND ANY RESTRICTIONS
 ON  THE  PARTICULAR  PACKAGING  OF ANY SUCH ITEMS MUST BE REASONABLY AND
 DIRECTLY RELATED TO A SIGNIFICANT SAFETY OR SECURITY CONCERN:
   (I) FOOD UTENSILS AND FOOD ITEMS, WITHOUT ANY LIMIT ON THE  NUMBER  OF
 POUNDS  OR  ITEMS, INCLUDING BUT NOT LIMITED TO FRESH FRUITS AND VEGETA-
 BLES, COFFEE AND BEVERAGES, DRIED COFFEE  CREAM,  BREAD,  POUCHED  FOOD,
 CANNED FOOD, CANDY, CHEESE, CONDIMENTS, MEATS, NUTS, OATMEAL AND CEREAL,
 PASTRIES,  RAISINS  AND  DRIED FRUIT, COOKED OR CURED OR SMOKED SEAFOOD,
 AND SNACKS;
   (II) PERSONAL COSMETICS AND PERSONAL HYGIENE PRODUCTS,  INCLUDING  BUT
 NOT LIMITED TO SOAP, SHAMPOO, DEODORANT, AND FEMININE HYGIENE ITEMS;
   (III) SEASONALLY APPROPRIATE INDOOR AND OUTDOOR CLOTHING AND FOOTWEAR;
   (IV)  LEGAL,  WRITING,  AND ART SUPPLIES, INCLUDING BUT NOT LIMITED TO
 STATIONERY, WRITING AND DRAWING IMPLEMENTS, AND TYPEWRITERS;
   (V) EDUCATIONAL SUPPLIES, INCLUDING  BUT  NOT  LIMITED  TO  NOTEBOOKS,
 RULERS, AND CALCULATORS APPROPRIATE FOR PRIMARY, SECONDARY AND POST-SEC-
 ONDARY EDUCATION;
   (VI) NEW AND USED BOOKS, MAGAZINES AND OTHER PUBLICATIONS;
   (VII) ITEMS FOR USE IN RECREATION AND PHYSICAL EXERCISE;
   (VIII)  ACCESSORIES  FOR TABLET COMPUTERS AND OTHER ELECTRONIC DEVICES
 PERMITTED IN FACILITIES;
   (IX) RELIGIOUS ARTICLES, INCLUDING BUT NOT LIMITED TO PRAYER RUGS  AND
 BOOKS, RELIGIOUS HEADGEAR, AND PENDANTS; AND
   (X) TOBACCO PRODUCTS.
   (R)  ALL  PERSONS  INCARCERATED  IN  A CORRECTIONAL FACILITY OR SECURE
 FACILITY, OTHER THAN THOSE IN SEGREGATED CONFINEMENT, SHALL HAVE  ACCESS
 TO AT LEAST FOURTEEN HOURS OF OUT-OF-CELL TIME PER DAY, INCLUDING ACCESS
 TO  AT LEAST SEVEN HOURS OF DAILY OUT-OF-CELL CONGREGATE PROGRAMMING AND
 ACTIVITIES AND ACCESS TO AT LEAST TWO HOURS OF CONGREGATE RECREATION.
   (S) ALL PERSONS INCARCERATED IN  A  CORRECTIONAL  FACILITY  OR  SECURE
 FACILITY SHALL HAVE THE RIGHT TO RECEIVE CORRESPONDENCE IN ITS ORIGINAL,
 AND  NOT PHOTOCOPIED, FORM, INCLUDING BUT NOT LIMITED TO LETTERS, CARDS,
 PHOTOGRAPHS, POSTCARDS, LEGAL MAIL, AND OTHER CORRESPONDENCE.
   (T) ALL PERSONS INCARCERATED IN  A  CORRECTIONAL  FACILITY  OR  SECURE
 FACILITY  SHALL  HAVE  ACCESS  TO  AN  INTERNET-CONNECTED  OR  SIMILARLY
 EQUIPPED TABLET OR OTHER DEVICE THAT  ALLOWS  FOR  FREE  PERSONAL  PHONE
 CALLS  AND  FREE  EMAILS,  AS  WELL  AS ACCESS TO LAW LIBRARY RESOURCES,
 PROGRAMMING, MUSIC,  GAMES,  VIDEOS,  MOVIES,  AND  OTHER  APPLICATIONS.
 INCARCERATED  INDIVIDUALS SHALL HAVE ACCESS TO FREE PERSONAL PHONE CALLS
 AND FREE EMAILS AT LEAST FOUR HOURS PER DAY. BEYOND THE FOUR-HOUR  MINI-
 MUM,  A  FACILITY  MAY PROVIDE ADDITIONAL ACCESS TO THE TABLET AND ADDI-
 TIONAL ACCESS TO PERSONAL PHONE CALLS AND EMAILS, AND ALL PERSONAL PHONE
 S. 7772                            10
 
 CALLS AND EMAILS SHALL BE FREE FOR THE PERSON INITIATING AND THE  PERSON
 RECEIVING THE COMMUNICATION.
   (U)  ALL CORRECTIONAL FACILITIES AND SECURE FACILITIES SHALL OPERATE A
 COMMISSARY OR CANTEEN. THE PRICES OF ITEMS SOLD AT  EACH  COMMISSARY  OR
 CANTEEN  SHALL  TAKE  INTO ACCOUNT THE MINIMUM WAGES PEOPLE INCARCERATED
 ARE EARNING AND SHALL BE AT LEAST SIXTY PERCENT BELOW THE CURRENT MARKET
 RATE FOR SUCH ITEMS, AS BASED UPON THE COST OF SIMILAR ITEMS FOR SALE IN
 THE SAME REGION  AS  THE  CORRECTIONAL  FACILITY.  EACH  COMMISSARY  AND
 CANTEEN  SHALL  BE FULLY STOCKED AND SHALL INCLUDE QUALITY WHOLESOME AND
 NUTRITIOUS FOOD, INCLUDING A FULL RANGE AND VARIETY OF FRESH FRUITS  AND
 VEGETABLES.
   (V)  ANY  PERSON  INCARCERATED  IN  A  CORRECTIONAL FACILITY OR SECURE
 FACILITY SHALL HAVE A RIGHT TO BRING IN STATE COURT AN ACTION  BASED  ON
 ANY  VIOLATION OF THIS SECTION OR THE REGULATIONS PRESCRIBED UNDER THESE
 SECTIONS TO: (I) ENJOIN SUCH VIOLATION; (II) OBTAIN A DECLARATORY  JUDG-
 MENT;  (III)  RECOVER  FOR MONEY DAMAGES; AND (IV) ANY OTHER APPROPRIATE
 RELIEF DETERMINED BY THE COURT.
   § 9. Subparagraph (ii) of paragraph (j) of subdivision  6  of  section
 137  of  the correction law is amended by adding two new clauses (A) and
 (B) to read as follows:
   (A) TIME SPENT IN ANY OF THE FOLLOWING LOCATIONS SHALL NOT  CONSTITUTE
 OUT-OF-CELL  TIME:  (1) ON A TIER OR WALKWAY OUTSIDE OF A CELL OR GROUPS
 OF CELLS; (2) IN A RECREATION AREA CONTIGUOUS TO A CELL; (3) IN A RECRE-
 ATION AREA WITHOUT A GROUP OF MANY PEOPLE AFFORDED  SIMULTANEOUS  ACCESS
 TO  THE  SAME  SHARED SPACE WITHOUT PHYSICAL BARRIERS AND CONDUCIVE TO A
 MEANINGFUL CONGREGATE SOCIAL INTERACTION; OR (4)  ANY  SPACE  WITHOUT  A
 GROUP  OF  MANY  PEOPLE  AFFORDED SIMULTANEOUS ACCESS TO THE SAME SHARED
 SPACE WITHOUT PHYSICAL BARRIERS AND CONDUCIVE TO  MEANINGFUL  CONGREGATE
 SOCIAL INTERACTION.
   (B)  IF  AN INCARCERATED INDIVIDUAL VOLUNTARILY CHOOSES NOT TO PARTIC-
 IPATE IN CONGREGATE OUT-OF-CELL TIME, CONGREGATE RECREATION, OR  CONGRE-
 GATE  PROGRAMMING, THEY SHALL BE OFFERED ACCESS TO COMPARABLE INDIVIDUAL
 PROGRAMMING, INDIVIDUAL RECREATION, AND INDIVIDUAL TIME AWAY FROM  THEIR
 CELL  WHERE  THEY SLEEP. VOLUNTARILY DECLINING TO PARTICIPATE IN CONGRE-
 GATE OUT-OF-CELL TIME, CONGREGATE RECREATION, OR CONGREGATE  PROGRAMMING
 SHALL BE DONE IN WRITING OR BY VIDEOTAPE.
   §  10.  Subparagraph  (v) of paragraph (j) of subdivision 6 of section
 137 of the correction law, as amended by section 4 of part NNN of  chap-
 ter 59 of the laws of 2021, is amended to read as follows:
   (v)  An  incarcerated  [person]  INDIVIDUAL in a residential rehabili-
 tation unit shall have access to  CORE  programs  and  work  assignments
 [comparable  to  core  programs and types of work assignments in general
 population] AVAILABLE IN GENERAL POPULATION, AND SHALL RECEIVE THE  SAME
 CREDIT FOR PARTICIPATION IN SUCH PROGRAMS AS THEY WOULD IN GENERAL POPU-
 LATION  FOR  PURPOSES  OF THEIR PROGRAM REQUIREMENTS AND FOR PURPOSES OF
 GOOD TIME, MERIT TIME, OTHER TIME ALLOWANCE, PAROLE RELEASE, OR  CONSID-
 ERATION  FOR OTHER RELEASE MECHANISMS. Such incarcerated [persons] INDI-
 VIDUALS shall also have access  to  additional  out-of-cell,  trauma-in-
 formed  therapeutic programming aimed at promoting personal development,
 addressing underlying causes of problematic behavior resulting in place-
 ment in a residential  rehabilitation  unit,  and  helping  prepare  for
 discharge from the unit and to the community.
   §  11. Subparagraph (vii) of paragraph (j) of subdivision 6 of section
 137 of the correction law, as added by chapter 93 of the laws  of  2021,
 is amended to read as follows:
 S. 7772                            11
 
   (vii)  Restraints  shall not be used when incarcerated [persons] INDI-
 VIDUALS are participating in out-of-cell activities within a residential
 rehabilitation unit, RESIDENTIAL MENTAL HEALTH TREATMENT UNIT, STEP-DOWN
 UNIT, CORRECTIONAL ALTERNATIVE REHABILITATION UNIT, PROTECTIVE  CUSTODY,
 AND  ANY  OTHER  SIMILAR  UNIT,  unless  an  [individual] INDIVIDUALIZED
 assessment is made AT THE TIME OF, OR IMMEDIATELY FOLLOWING, AN INCIDENT
 INVOLVING THE PERSON IN QUESTION that restraints are required  FOR  THAT
 SPECIFIC  PERSON  IN  QUESTION because of a significant and unreasonable
 risk [to the safety and security] of IMMINENT SERIOUS PHYSICAL INJURY TO
 SELF,  other  incarcerated  [persons]  INDIVIDUALS  or  staff  BASED  ON
 CONCRETE  EVIDENCE  OF  SUCH  RISK  BY  THAT PERSON. SUCH INDIVIDUALIZED
 ASSESSMENTS SHALL BE MEMORIALIZED IN WRITING, WITH A WRITTEN EXPLANATION
 AS TO WHY, INCLUDING PROVIDING CONCRETE EVIDENCE RELIED ON TO  DETERMINE
 THAT,  RESTRAINTS  WERE  REQUIRED FOR THE SPECIFIC PERSON IN QUESTION TO
 PREVENT A SIGNIFICANT AND UNREASONABLE RISK OF IMMINENT SERIOUS PHYSICAL
 INJURY.
   (A) WHERE RESTRAINTS  ARE  IMPOSED,  THE  LEAST  RESTRICTIVE  FORM  OF
 RESTRAINTS  SHALL  BE  USED,  FOR NO LONGER THAN NECESSARY TO ABATE SUCH
 IMMINENT HARM.
   (B) RESTRAINTS SHALL NOT CONTINUE TO BE USED BEYOND THE DAY THEY  WERE
 APPLIED UNLESS A DETERMINATION IS MADE AT A SUBSEQUENT DUE PROCESS HEAR-
 ING,  WITH  ALL  OF  THE PROTECTIONS OF SUBDIVISION ONE OF THIS SECTION,
 THAT RESTRAINTS REMAIN NECESSARY TO ABATE A SIGNIFICANT AND UNREASONABLE
 RISK OF IMMINENT SERIOUS PHYSICAL INJURY  TO  SELF,  OTHER  INCARCERATED
 INDIVIDUALS, OR STAFF, BASED ON CONCRETE EVIDENCE OF SUCH RISK.
   (C) ANY CONTINUING USE OF RESTRAINTS SHALL BE REVIEWED DAILY, IN WRIT-
 ING, AND DISCONTINUED ONCE THERE IS NO LONGER A RISK OF IMMINENT INJURY.
 CONTINUED  USE OF RESTRAINTS MAY ONLY BE AUTHORIZED FOR AT MOST A SEVEN-
 DAY PERIOD.
   § 12. Paragraph (k) of subdivision 6 of section 137 of the  correction
 law  is amended by adding three new subparagraphs (v), (vi) and (vii) to
 read as follows:
   (V) NO INCARCERATED INDIVIDUAL SHALL RECEIVE A SANCTION OF  MORE  THAN
 FIFTEEN  DAYS OF SEGREGATED CONFINEMENT TIME NOR MORE THAN SIXTY DAYS OF
 TIME IN A RESIDENTIAL REHABILITATION  UNIT,  RESIDENTIAL  MENTAL  HEALTH
 TREATMENT UNIT, OR ANY OTHER DISCIPLINARY CONFINEMENT UNIT FOR ANY INCI-
 DENT, REGARDLESS OF HOW MANY CHARGES ARE ASSOCIATED WITH THAT INCIDENT.
   (VI) TO IMPOSE A DISCIPLINARY SANCTION, A HEARING OFFICER MUST FIND AN
 INCARCERATED  INDIVIDUAL  GUILTY OF THE CHARGED ACT OR ACTS BY CLEAR AND
 CONVINCING EVIDENCE.
   (VII) ALL HEARING OFFICERS SHALL ENGAGE IN A MEANINGFUL  FACT  FINDING
 PROCESS.  IF A HEARING OFFICER IMPOSES A SANCTION OF SEGREGATED CONFINE-
 MENT BEYOND THREE DAYS OR ANY TIME IN A RESIDENTIAL REHABILITATION UNIT,
 THE HEARING OFFICER SHALL  DETAIL  IN  WRITING  IN  THEIR  DECISION  THE
 SPECIFIC  WAYS  IN WHICH THE ACT OR ACTS THE INCARCERATED INDIVIDUAL WAS
 FOUND GUILTY OF MET ALL OF THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS
 PARAGRAPH. THE DISPOSITION OR DETERMINATION SHALL INCLUDE A STATEMENT OF
 EVIDENCE, WHICH INCLUDES THE TESTIMONY OF EACH WITNESS AND  A  STATEMENT
 OF  REASONS  WHY  THE  INCARCERATED INDIVIDUAL'S EVIDENCE OR DEFENSE WAS
 CREDITED OR REJECTED.
   § 13. Paragraph (l) of subdivision 6 of section 137 of the  correction
 law  is  amended by adding five new subparagraphs (i), (ii), (iii), (iv)
 and (v) to read as follows:
   (I) EACH PERSON FACING THE  POSSIBILITY  OF  PLACEMENT  IN  SEGREGATED
 CONFINEMENT  OR  A  RESIDENTIAL REHABILITATION UNIT SHALL BE INFORMED IN
 WRITING AND VERBALLY, INCLUDING BEFORE THEY APPEAR  FOR  A  DISCIPLINARY
 S. 7772                            12
 
 HEARING AND THEN AGAIN ON THE HEARING RECORD, THAT THEY ARE PERMITTED TO
 BE  REPRESENTED  AT  THEIR  DISCIPLINARY  HEARING, SHALL BE PROVIDED THE
 OPPORTUNITY TO SEEK REPRESENTATION, AND MAY BRING THEIR CHOSEN REPRESEN-
 TATIVE  INTO  THE  HEARING AT ANY TIME PRIOR TO THE DISPOSITION OF THEIR
 HEARING.
   (II) FOR ALL  DISCIPLINARY  HEARINGS,  INCARCERATED  INDIVIDUALS  AND,
 WHERE  APPLICABLE,  THEIR  REPRESENTATIVES SHALL BE PROVIDED, AS SOON AS
 POSSIBLE AND NO LATER THAN FORTY-EIGHT HOURS PRIOR TO  THE  START  OF  A
 HEARING, ALL EVIDENCE RELEVANT TO THEIR DISCIPLINARY CHARGE AND/OR HEAR-
 ING,  INCLUDING  BUT  NOT LIMITED TO THE MISBEHAVIOR REPORT, ANY AND ALL
 EXCULPATORY EVIDENCE, ANY USE  OF  FORCE  OR  UNUSUAL  INCIDENT  REPORTS
 CONCERNING  THE INCIDENT, ANY TO-FROM MEMORANDA CONCERNING THE INCIDENT,
 ANY STAFF REPORTS OR ACCOUNTS, ANY WITNESS STATEMENTS,  ANY  INFORMATION
 RELIED  UPON  FROM A CONFIDENTIAL SOURCE SUBJECT TO SECURITY REDACTIONS,
 ANY MEDICAL RECORDS RELATED TO  THE  INCIDENT,  ANY  RELATED  CONTRABAND
 RECEIPTS,  ANY  OTHER  WRITTEN  MATERIALS  CONCERNING  THE INCIDENT, ANY
 RELATED PHOTOGRAPHS, AND AUDIO AND VIDEO RECORDINGS OF OR RELATED TO THE
 INCIDENT.
   (III) FOR ALL DISCIPLINARY  HEARINGS,  INCARCERATED  INDIVIDUALS  AND,
 WHERE  APPLICABLE,  THEIR  REPRESENTATIVES SHALL HAVE THE RIGHT DURING A
 HEARING TO PROVIDE OPENING AND CLOSING STATEMENTS, REQUEST  AND  RECEIVE
 EVIDENCE,   CONDUCT   A  MEANINGFUL  INVESTIGATION,  CALL  AND  QUESTION
 WITNESSES, CROSS-EXAMINE WITNESSES, AND PRESENT EVIDENCE.
   (IV) ALL DISCIPLINARY HEARINGS SHALL BE RECORDED AND  SUCH  RECORDINGS
 SHALL  BE  PROVIDED TO THE INCARCERATED INDIVIDUAL AND HIS OR HER REPRE-
 SENTATIVE, IF APPLICABLE.
   (V) IF A PERSON IS HELD IN SEGREGATED  CONFINEMENT  OR  A  RESIDENTIAL
 REHABILITATION  UNIT  PRIOR  TO  A HEARING, ANY TIME SPENT IN SEGREGATED
 CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT PRIOR  TO  THE  HEARING
 SHALL:  (A)  IF  THE  PERSON IS FOUND GUILTY OF AN ELIGIBLE CHARGE UNDER
 SUBPARAGRAPH (II) OF PARAGRAPH (K)  OF  THIS  SUBDIVISION,  BE  CREDITED
 TOWARD  ANY  SANCTION TO SEGREGATED CONFINEMENT OR RESIDENTIAL REHABILI-
 TATION UNIT IMPOSED; AND (B) IF THE PERSON IS NOT  FOUND  GUILTY  OF  AN
 ELIGIBLE  CHARGE UNDER SUBPARAGRAPH (II) OF PARAGRAPH (K) OF THIS SUBDI-
 VISION, BE CREDITED AS ADDITIONAL  GOOD  TIME  BEHAVIOR  ALLOWANCE  TIME
 UNDER SECTION EIGHT HUNDRED THREE OF THIS CHAPTER.
   §  14. Paragraph (o) of subdivision 6 of section 137 of the correction
 law, as amended by section 6 of part NNN of chapter 59 of  the  laws  of
 2021, is amended to read as follows:
   (o)  The department shall publish monthly reports on its website, with
 semi-annual and annual cumulative reports, of THE TOTAL NUMBER  OF  BEDS
 AT  EACH  FACILITY,  INCLUDING THE NUMBER OF BEDS HELD VACANT FOR USE AS
 QUARANTINE, AND the total number of people who are in, SEPARATELY  LIST-
 ED:  GENERAL POPULATION; segregated confinement [and the total number of
 people  who  are  in];  residential  rehabilitation   units;   STEP-DOWN
 PROGRAMS;  RESIDENTIAL  MENTAL HEALTH TREATMENT UNITS, INCLUDING BUT NOT
 LIMITED TO BEHAVIORAL HEALTH UNITS,  RESIDENTIAL  MENTAL  HEALTH  UNITS,
 THERAPEUTIC BEHAVIOR UNITS, INTERMEDIATE CARE PROGRAMS, AND TRANSITIONAL
 INTERMEDIATE  CARE  PROGRAMS;  PROTECTIVE CUSTODY; ADMINISTRATIVE SEGRE-
 GATION; RECEPTION, SHOCK INCARCERATION; I-ASAT; CLOSE SUPERVISION UNITS;
 SPECIAL NEEDS UNITS; ASSESSMENT AND PROGRAM PREPARATION UNITS;  RESIDEN-
 TIAL  CRISIS  TREATMENT  UNITS;  INTENSIVE  INTERMEDIATE  CARE PROGRAMS,
 CORRECTIONAL ALTERNATIVE REHABILITATION UNITS, UNITS FOR THE COGNITIVELY
 IMPAIRED, AND ANY AND ALL  OTHER  DESIGNATED  UNITS  WITHIN  THE  PRISON
 SYSTEM WHERE OUT-OF-CELL TIME IS RESTRICTED IN ANY WAY, on the first day
 of each month AND THE TOTAL NUMBER OF PLACEMENTS IN EACH LOCATION DURING
 S. 7772                            13
 
 THE  PRECEDING  MONTH.    The  reports  shall provide a breakdown of the
 number of people  AND  PLACEMENTS,  SEPARATELY  LISTED,  in  [segregated
 confinement  and  in  residential  rehabilitation] EACH OF THE AFOREMEN-
 TIONED  units,  SEPARATELY LISTED, by: (i) age; (ii) race; (iii) gender;
 (iv) mental health treatment level; (v) special health accommodations or
 needs; (vi) need  for  and  participation  in  substance  use  disorder,
 ACADEMIC,  VOCATIONAL,  TRANSITIONAL  SERVICES,  AGGRESSION  REPLACEMENT
 TRAINING, SEX OFFENSE COUNSELING AND TREATMENT, AND ALL OTHER  MANDATORY
 programs,  SEPARATELY  LISTED; (vii) pregnancy status; (viii) continuous
 length of stay in [residential treatment units] EACH TYPE  OF  UNIT,  as
 well  as  length of stay in the past sixty days; (ix) number of days [in
 segregated confinement] AND HOURS PER DAY, OF PARTICIPATION  IN  OUT-OF-
 CELL  GROUP  PROGRAMMING; (x) a list of all incidents resulting in sanc-
 tions of segregated confinement,  INCLUDING  ALL  SUBSTANTIATED  CHARGES
 RELATED  TO  EACH  INCIDENT,  by  facility,  UNIT,  AMOUNT OF SEGREGATED
 CONFINEMENT AND RESIDENTIAL REHABILITATION UNIT  TIME  IMPOSED  FOR  THE
 SANCTION,  and  date  of  occurrence;  (xi)  [the number of incarcerated
 persons in segregated confinement by] facility; [and] (xii)  the  number
 of  [incarcerated persons in residential rehabilitation units by facili-
 ty] INCIDENTS OF SELF-HARM, SUICIDE ATTEMPTS, AND SUICIDE  BY  FACILITY,
 UNIT,  AND  DATE  OF OCCURRENCE; (XIII) THE NUMBER OF DEATHS BY FACILITY
 AND UNIT, CAUSE OF DEATH, AND DATE OF OCCURRENCE; (XIV)  THE  NUMBER  OF
 SANCTIONS  TAKING  AWAY  A  PERSON'S  PRIVILEGES OR SERVICES, SEPARATELY
 LISTED AND INCLUDING BUT NOT LIMITED TO,  VISITATION,  PACKAGES,  CORRE-
 SPONDENCE,  PHONE  CALLS,  TABLETS,  CELL  SHIELD, PROGRAMS, RECREATION,
 COMMISSARY, OUT-OF-CELL TIME, FOOD, RESTITUTION,  FORFEITURE  OF  FUNDS,
 LOSS  OF  GOOD  TIME, FAMILY REUNION PROGRAM, AND IMPOSED WORK TASK; AND
 (XV) STAFF USES OF FORCE, BY FACILITY, UNIT, DATE OF  OCCURRENCE,  LEVEL
 OF  INJURY  TO  INCARCERATED  INDIVIDUALS  AND STAFF, AND OUTCOME OF ANY
 DISCIPLINARY OR OTHER ACTION TAKEN.
   § 15. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 or of any other application of any provision of this act, which  can  be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   §  16.  This act shall take effect on the thirtieth day after it shall
 have become a law.