A. 1261--A 2
C. Recent incidents include the brutal beating of Robert Brooks in
December 2024 at Marcy Correctional Facility by multiple officers, and
witnessed by other officers and medical staff, which resulted in Mr.
Brooks' death. This incident was captured on video recordings although
the DOCCS staff involved or present did not appear to realize that at
the time. The video recordings appear to show that the beating of Mr.
Brooks in an examination room in the facility infirmary was not viewed
by the staff as anything out of the ordinary. No one intervened to stop
the fatal beating of Mr. Brooks.
D. Recent reports include: NYS Inspector General Lucy Lang, RACIAL
DISPARITIES IN THE ADMINISTRATION OF DISCIPLINE IN NEW YORK STATE PRIS-
ONS, November 2022; Neff, Santo, and Meagher, HOW A 'BLUE WALL' INSIDE
NEW YORK STATE PRISONS PROTECTS ABUSIVE GUARDS, The Marshall 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 DEPARTMENT 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 (Eighteen Post-Visit Briefings were issued by CANY from June
2021 through December 2024. Among the consistent findings during this
period were that high percentages of incarcerated individuals inter-
viewed reported witnessing or experiencing verbal, physical, or sexual
abuse by prison staff, and, similarly, high numbers reported witnessing
or experiencing racialized abuse by prison staff.).
E. 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
A. 1261--A 3
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.
F. 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
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.
G. 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-
A. 1261--A 4
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
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 ANY ROOM, AREA,
OR SPACE THAT IS NOT A SHARED SPACE CONDUCIVE TO MEANINGFUL CONGREGATE
SOCIAL INTERACTION AMONG MANY PEOPLE IN A GROUP SETTING APPROPRIATE FOR
THE NUMBER OF PEOPLE IN THE SPACE WITHOUT PHYSICAL BARRIERS BETWEEN
PEOPLE WHERE A PERSON OR PERSONS ARE HELD FOR ANY PURPOSE; OR ANY ROOM,
AREA, OR SPACE THAT IS NOT OUT-OF-CELL.
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 (INCLUDING A GROUP CLASSROOM, OPEN
GROUP RECREATION YARD, GROUP LIBRARY OR LAW LIBRARY, GROUP CONTACT
VISITS ROOM, OR OTHER EQUIVALENT SPACE) WITH MANY OTHER PEOPLE ALL IN
THE SAME SHARED SPACE WITHOUT PHYSICAL BARRIERS BETWEEN PEOPLE THAT IS
CONDUCIVE TO MEANINGFUL AND CONGREGATE SOCIAL INTERACTION AND ACTIVITY
AMONG THE NUMBER OF PEOPLE IN THE SPACE, FOR PURPOSES INCLUDING CONGRE-
GATE PROGRAMMING, CONGREGATE RECREATION, CONGREGATE CONTACT VISITS,
A. 1261--A 5
CONGREGATE LIBRARY SERVICES, CONGREGATE LAW LIBRARY SERVICES, CONGREGATE
JOBS, CONGREGATE MEALS, OR EQUIVALENT CONGREGATE ACTIVITIES; OR BEING IN
A SPACE OUTSIDE OF AND IN AN AREA AWAY FROM A CELL DURING THE TIME OF
MEDICAL TREATMENT, INDIVIDUAL COUNSELING, AN ATTORNEY VISIT, OR EQUIV-
ALENT SERVICE, IN A SETTING CONDUCIVE TO THE PROVISION OF SUCH SERVICE
WITH A PERSON IN CUSTODY IN THE SAME SHARED SPACE WITH THEIR SERVICE
PROVIDER WITHOUT PHYSICAL BARRIERS BETWEEN THEM.
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
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
A. 1261--A 6
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
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) SUCH
PERSON'S FULL COMPLEMENT OF PROPERTY UNLESS A LICENSED MEDICAL PROFES-
SIONAL 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, WHICH INCLUDES ALL DIAGNOS-
ABLE CONDITIONS, INCLUDING ALL PEOPLE ON THE OFFICE OF MENTAL HEALTH
CASELOAD CURRENTLY AND ALL PEOPLE WITH ANY DISABILITY (INCLUDING BUT NOT
LIMITED TO ANY INTELLECTUAL, MENTAL HEALTH, DEVELOPMENTAL, COGNITIVE,
PHYSICAL, MOBILITY, SENSORIAL, MEDICAL, OR OTHER DISABILITY, A TRAUMATIC
BRAIN INJURY, OR AN ORGANIC BRAIN SYNDROME); (D) WHO HAD BEEN ON THE
OFFICE OF MENTAL HEALTH CASELOAD, OR HAD A DIAGNOSIS OF ANY DISABILITY
(INCLUDING ANY INTELLECTUAL, MENTAL HEALTH, DEVELOPMENTAL, COGNITIVE,
PHYSICAL, SENSORIAL, MEDICAL, OR OTHER DISABILITY) WITHIN THE PREVIOUS
YEAR; or [(d)] (E) who is pregnant, in the first [eight weeks of the
post-partum recovery period] EIGHTEEN MONTHS (OR LONGER IF MEDICALLY
NECESSARY AS DETERMINED BY MEDICAL STAFF) AFTER BEING PREGNANT, INCLUD-
ING after giving birth, EXPERIENCING A MISCARRIAGE, OR TERMINATING A
PREGNANCY, or caring for a child in a correctional institution pursuant
to [subdivisions] SUBDIVISION two or three of section six hundred eleven
of this chapter.
A. 1261--A 7
§ 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.
(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,
A. 1261--A 8
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.
(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.
A. 1261--A 9
(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
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 MENSTRUAL PRODUCTS;
(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;
A. 1261--A 10
(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
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 three new clauses (A),
(B), and (C) 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
A. 1261--A 11
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.
(C) NEITHER THE DEPARTMENT NOR THE OFFICE OF MENTAL HEALTH MAY
RESTRICT A PERSON'S RECREATION, PROGRAMS, VISITS, PHONE CALLS, EMAILS,
PACKAGES, OR COMMISSARY AS A DISCIPLINARY MEASURE OR FOR ANY OTHER
REASON.
§ 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:
(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.
A. 1261--A 12
§ 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
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 SUCH INDIVIDUAL'S
REPRESENTATIVE, 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
A. 1261--A 13
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
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
A. 1261--A 14
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.