S T A T E O F N E W Y O R K
________________________________________________________________________
3217
2025-2026 Regular Sessions
I N A S S E M B L Y
January 23, 2025
___________
Introduced by M. of A. SIMPSON, ANGELINO, BENDETT, BLANKENBUSH,
K. BROWN, DeSTEFANO, DURSO, GANDOLFO, GIBBS, HAWLEY, MANKTELOW, McDO-
NOUGH, MIKULIN, MILLER, PALMESANO, SLATER -- read once and referred to
the Committee on Correction
AN ACT to amend the correction law, in relation to confinement; and to
repeal certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 23 of section 2 of the correction law, as sepa-
rately amended by chapters 93 and 322 of the laws of 2021, is amended to
read as follows:
23. "Segregated confinement" means the DISCIPLINARY confinement of an
incarcerated individual in [any form of cell confinement for more than
seventeen hours a day other than in a facility-wide emergency or for the
purpose of providing medical or mental health treatment. Cell confine-
ment that is implemented due to medical or mental health treatment shall
be within a clinical area in the correctional facility or in as close
proximity to a medical or mental health unit as possible] A SPECIAL
HOUSING UNIT OR IN A SEPARATE KEEPLOCK HOUSING UNIT. SPECIAL HOUSING
UNITS AND SEPARATE KEEPLOCK UNITS ARE HOUSING UNITS THAT CONSIST OF
CELLS GROUPED SO AS TO PROVIDE SEPARATION FROM THE GENERAL POPULATION,
AND MAY BE USED TO HOUSE INCARCERATED INDIVIDUALS CONFINED PURSUANT TO
THE DISCIPLINARY PROCEDURES DESCRIBED IN REGULATIONS.
§ 2. Subdivisions 33 and 34 of section 2 of the correction law are
REPEALED.
§ 3. Paragraph (a) of subdivision 6 of section 137 of the correction
law, as separately amended by chapters 93 and 322 of the laws of 2021,
is amended to read as follows:
(a) The incarcerated individual shall be supplied with a sufficient
quantity of wholesome and nutritious food, PROVIDED, HOWEVER, THAT SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03758-01-5
A. 3217 2
FOOD NEED NOT BE THE SAME AS THE FOOD SUPPLIED TO INCARCERATED INDIVID-
UALS WHO ARE PARTICIPATING IN PROGRAMS OF THE FACILITY;
§ 4. Paragraph (d) of subdivision 6 of section 137 of the correction
law, as separately amended by chapters 93 and 322 of the laws of 2021,
clauses (A) and (E) of subparagraph (ii) as separately amended by
section 1 and subparagraph (iv) as separately amended by section 2 of
part NNN of chapter 59 of the laws of 2021, is amended to read as
follows:
(d) (i) Except as set forth in clause (E) of subparagraph (ii) of this
paragraph, the department, in consultation with mental health clini-
cians, shall divert or remove incarcerated individuals with serious
mental illness, as defined in paragraph (e) of this subdivision, from
segregated confinement [or confinement in a residential rehabilitation
unit], where such confinement could potentially be for a period in
excess of thirty days, to a residential mental health treatment unit.
Nothing in this paragraph shall be deemed to prevent the disciplinary
process from proceeding in accordance with department rules and regu-
lations for disciplinary hearings.
(ii) (A) Upon placement of an incarcerated individual into segregated
confinement [or a residential rehabilitation unit] at a level one or
level two facility, a suicide prevention screening instrument shall be
administered by staff from the department or the office of mental health
who has been trained for that purpose. If such a screening instrument
reveals that the incarcerated individual is at risk of suicide, a mental
health clinician shall be consulted and appropriate safety precautions
shall be taken. Additionally, within one business day of the placement
of such an incarcerated individual into segregated confinement at a
level one or level two facility [or a residential rehabilitation unit],
the incarcerated individual shall be assessed by a mental health clini-
cian.
(B) Upon placement of an incarcerated individual into segregated
confinement [or a residential rehabilitation unit] at a level three or
level four facility, a suicide prevention screening instrument shall be
administered by staff from the department or the office of mental health
who has been trained for that purpose. If such a screening instrument
reveals that the incarcerated individual is at risk of suicide, a mental
health clinician shall be consulted and appropriate safety precautions
shall be taken. All incarcerated individuals placed in segregated
confinement [or a residential rehabilitation unit] at a level three or
level four facility shall be assessed by a mental health clinician,
within [seven] FOURTEEN days of such placement into segregated confine-
ment.
(C) At the initial assessment, if the mental health clinician finds
that an incarcerated individual suffers from a serious mental illness,
[that person shall be diverted or removed from segregated confinement or
a residential rehabilitation unit and] a recommendation shall be made
whether exceptional circumstances, as described in clause (E) of this
subparagraph, exist. In a facility with a joint case management commit-
tee, such recommendation shall be made by such committee. In a facility
without a joint case management committee, the recommendation shall be
made jointly by a committee consisting of the facility's highest ranking
mental health clinician, the deputy superintendent for security, and the
deputy superintendent for program services, or their equivalents. Any
such recommendation shall be reviewed by the joint central office review
committee. The administrative process described in this clause shall be
completed within [seven] FOURTEEN days of the initial assessment, and if
A. 3217 3
the result of such process is that the incarcerated individual should be
removed from segregated confinement [or a residential rehabilitation
unit], such removal shall occur as soon as practicable, but in no event
more than seventy-two hours from the completion of the administrative
process. [Pursuant to paragraph (h) of this subdivision, nothing in this
section shall permit the placement of an incarcerated person with seri-
ous mental illness into segregated confinement at any time, even for the
purposes of assessment.]
(D) If an incarcerated individual with a serious mental illness is not
diverted or removed to a residential mental health treatment unit, such
incarcerated individual shall be [diverted to a residential rehabili-
tation unit and] reassessed by a mental health clinician within fourteen
days of the initial assessment and at least once every fourteen days
thereafter. After each such additional assessment, a recommendation as
to whether such incarcerated individual should be removed from [a resi-
dential rehabilitation unit] SEGREGATED CONFINEMENT shall be made and
reviewed according to the process set forth in clause (C) of this
subparagraph.
(E) A recommendation or determination whether to remove an incarcerat-
ed individual from segregated confinement [or a residential rehabili-
tation unit] shall take into account the assessing mental health clini-
cians' opinions as to the incarcerated individual's mental condition and
treatment needs, and shall also take into account any safety and securi-
ty concerns that would be posed by the incarcerated individual's
removal, even if additional restrictions were placed on the incarcerated
individual's access to treatment, property, services or privileges in a
residential mental health treatment unit. A recommendation or determi-
nation shall direct the incarcerated individual's removal from segre-
gated confinement [or a residential rehabilitation unit] except in the
following exceptional circumstances: (1) when the reviewer finds that
removal would pose a substantial risk to the safety of the incarcerated
individual or other persons, or a substantial threat to the security of
the facility, even if additional restrictions were placed on the incar-
cerated individual's access to treatment, property, services or privi-
leges in a residential mental health treatment unit; or (2) when the
assessing mental health clinician determines that such placement is in
the incarcerated individual's best interests based on [his or her] THEIR
mental condition and that removing such incarcerated individual to a
residential mental health treatment unit would be detrimental to [his or
her] THEIR mental condition. Any determination not to remove an incar-
cerated individual with serious mental illness from [a residential reha-
bilitation unit] SEGREGATED CONFINEMENT shall be documented in writing
and include the reasons for the determination.
(iii) Incarcerated individuals with serious mental illness who are not
diverted or removed from [a residential rehabilitation unit] SEGREGATED
CONFINEMENT shall be offered a heightened level of [mental health] care,
involving a minimum of [three] TWO hours [daily] EACH DAY, FIVE DAYS A
WEEK, of out-of-cell therapeutic treatment and programming. This
heightened level of care shall not be offered only in the following
circumstances:
(A) The heightened level of care shall not apply when an incarcerated
individual with serious mental illness does not, in the reasonable judg-
ment of a mental health clinician, require the heightened level of care.
Such determination shall be documented with a written statement of the
basis of such determination and shall be reviewed by the Central New
York Psychiatric Center clinical director or [his or her] THEIR desig-
A. 3217 4
nee. Such a determination is subject to change should the incarcerated
individual's clinical status change. Such determination shall be
reviewed and documented by a mental health clinician every thirty days,
and in consultation with the Central New York Psychiatric Center clin-
ical director or [his or her] THEIR designee not less than every ninety
days.
(B) The heightened level of care shall not apply in exceptional
circumstances when providing such care would create an unacceptable risk
to the safety and security of incarcerated individuals or staff. Such
determination shall be documented by security personnel together with
the basis of such determination and shall be reviewed by the facility
superintendent, in consultation with a mental health clinician, not less
than every seven days for as long as the incarcerated individual remains
in [a residential rehabilitation unit] SEGREGATED CONFINEMENT. The
facility shall attempt to resolve such exceptional circumstances so that
the heightened level of care may be provided. If such exceptional
circumstances remain unresolved for thirty days, the matter shall be
referred to the joint central office review committee for review.
(iv) INCARCERATED INDIVIDUALS WITH SERIOUS MENTAL ILLNESS WHO ARE NOT
DIVERTED OR REMOVED FROM SEGREGATED CONFINEMENT SHALL NOT BE PLACED ON A
RESTRICTED DIET, UNLESS THERE HAS BEEN A WRITTEN DETERMINATION THAT THE
RESTRICTED DIET IS NECESSARY FOR REASONS OF SAFETY AND SECURITY. IF A
RESTRICTED DIET IS IMPOSED, IT SHALL BE LIMITED TO SEVEN DAYS, EXCEPT IN
THE EXCEPTIONAL CIRCUMSTANCES WHERE THE JOINT CASE MANAGEMENT COMMITTEE
DETERMINES THAT LIMITING THE RESTRICTED DIET TO SEVEN DAYS WOULD POSE AN
UNACCEPTABLE RISK TO THE SAFETY AND SECURITY OF INCARCERATED INDIVIDUALS
OR STAFF. IN SUCH CASE, THE NEED FOR A RESTRICTED DIET SHALL BE REAS-
SESSED BY THE JOINT CASE MANAGEMENT COMMITTEE EVERY SEVEN DAYS.
(V) All incarcerated individuals in segregated confinement in a level
one or level two facility [or a residential rehabilitation unit] who are
not assessed with a serious mental illness at the initial assessment
shall be offered at least one interview with a mental health clinician
within [seven] FOURTEEN days of their initial mental health assessment,
AND ADDITIONAL INTERVIEWS AT LEAST EVERY THIRTY DAYS THEREAFTER, unless
the mental health clinician at the most recent interview recommends an
earlier interview or assessment. All incarcerated individuals in [a
residential rehabilitation unit] SEGREGATED CONFINEMENT in a level three
or level four facility who are not assessed with a serious mental
illness at the initial assessment shall be offered at least one inter-
view with a mental health clinician within thirty days of their initial
mental health assessment, and additional interviews at least every nine-
ty days thereafter, unless the mental health clinician at the most
recent interview recommends an earlier interview or assessment.
§ 5. Paragraphs (h), (i), (j), (k), (l), (m), (n) and (o) of subdivi-
sion 6 of section 137 of the correction law are REPEALED.
§ 6. Subdivision 7 of section 138 of the correction law is REPEALED.
§ 7. Subdivision 1 of section 401 of the correction law, as separately
amended by chapters 93 and 322 of the laws of 2021, is amended to read
as follows:
1. The commissioner, in cooperation with the commissioner of mental
health, shall establish programs, including but not limited to residen-
tial mental health treatment units, in such correctional facilities as
[he or she] THE COMMISSIONER may deem appropriate for the treatment of
mentally ill incarcerated individuals confined in state correctional
facilities who are in need of psychiatric services but who do not
require hospitalization for the treatment of mental illness. Incarcerat-
A. 3217 5
ed individuals with serious mental illness shall receive therapy and
programming in settings that are appropriate to their clinical needs
while maintaining the safety and security of the facility.
[The conditions and services provided in the residential mental health
treatment units shall be at least comparable to those in all residential
rehabilitation units, and all residential mental health treatment units
shall be in compliance with all provisions of paragraphs (i), (j), (k),
and (l) of subdivision six of section one hundred thirty-seven of this
chapter. Residential mental health treatment units that are either resi-
dential mental health unit models or behavioral health unit models shall
also be in compliance with all provisions of paragraph (m) of subdivi-
sion six of section one hundred thirty-seven of this chapter.
The residential mental health treatment units shall also provide the
additional mental health treatment, services, and programming delineated
in this section.] The administration and operation of programs estab-
lished pursuant to this section shall be the joint responsibility of the
commissioner of mental health and the commissioner. The professional
mental health care personnel, and their administrative and support
staff, for such programs shall be employees of the office of mental
health. All other personnel shall be employees of the department.
§ 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401
of the correction law, as amended by chapter 486 of the laws of 2022, is
amended to read as follows:
(i) In exceptional circumstances, a mental health clinician, or the
highest ranking facility security supervisor in consultation with a
mental health clinician who has interviewed the incarcerated individual,
may determine that an incarcerated individual's access to out-of-cell
therapeutic programming and/or mental health treatment in a residential
mental health treatment unit presents an unacceptable risk to the safety
of incarcerated individuals or staff. Such determination shall be docu-
mented in writing and [such incarcerated individual may be removed to a
residential rehabilitation unit that is not a residential mental health
treatment unit] where alternative mental health treatment and/or other
therapeutic programming, as determined by a mental health clinician,
shall be provided.
§ 9. Subdivision 5 of section 401 of the correction law, as separately
amended by chapters 93 and 322 of the laws of 2021, is amended to read
as follows:
5. (a) An incarcerated individual in a residential mental health
treatment unit shall not be sanctioned with segregated confinement for
misconduct on the unit, or removed from the unit and placed in segre-
gated confinement [or a residential rehabilitation unit], except in
exceptional circumstances where such incarcerated individual's conduct
poses a significant and unreasonable risk to the safety of incarcerated
individuals or staff, or to the security of the facility [and he or she
has been found to have committed an act or acts defined in subparagraph
(ii) of paragraph (k) of subdivision six of section one hundred thirty-
seven of this chapter]. Further, in the event that such a sanction is
imposed, an incarcerated individual shall not be required to begin serv-
ing such sanction until the reviews required by paragraph (b) of this
subdivision have been completed; provided, however that in extraordinary
circumstances where an incarcerated individual's conduct poses an imme-
diate unacceptable threat to the safety of incarcerated individuals or
staff, or to the security of the facility an incarcerated individual may
be immediately moved to [a residential rehabilitation unit] SEGREGATED
CONFINEMENT. The determination that an immediate transfer to [a resi-
A. 3217 6
dential rehabilitation unit] SEGREGATED CONFINEMENT is necessary shall
be made by the highest ranking facility security supervisor in consulta-
tion with a mental health clinician.
(b) The joint case management committee shall review any disciplinary
disposition imposing a sanction of segregated confinement at its next
scheduled meeting. Such review shall take into account the incarcerated
individual's mental condition and safety and security concerns. The
joint case management committee may only thereafter recommend the
removal of the incarcerated individual in exceptional circumstances
where the incarcerated individual [commits an act or acts defined in
subparagraph (ii) of paragraph (k) of subdivision six of section one
hundred thirty-seven of this chapter and] poses a significant and unrea-
sonable risk to the safety of incarcerated individuals or staff or to
the security of the facility. In the event that the incarcerated indi-
vidual was immediately moved to segregated confinement, the joint case
management committee may recommend that the incarcerated individual
continue to serve such sanction only in exceptional circumstances where
the incarcerated individual [commits an act or acts defined in subpara-
graph (ii) of paragraph (k) of subdivision six of section one hundred
thirty-seven of this chapter and] poses a significant and unreasonable
risk to the safety of incarcerated individuals or staff or to the secu-
rity of the facility. If a determination is made that the incarcerated
individual shall not be required to serve all or any part of the segre-
gated confinement sanction, the joint case management committee may
instead recommend that a less restrictive sanction should be imposed.
The recommendations made by the joint case management committee under
this paragraph shall be documented in writing and referred to the super-
intendent for review and if the superintendent disagrees, the matter
shall be referred to the joint central office review committee for a
final determination. The administrative process described in this para-
graph shall be completed within fourteen days. If the result of such
process is that an incarcerated individual who was immediately trans-
ferred to [a residential rehabilitation unit] SEGREGATED CONFINEMENT
should be removed from [such unit], SEGREGATED CONFINEMENT such removal
shall occur as soon as practicable, and in no event longer than seven-
ty-two hours from the completion of the administrative process.
§ 10. Subdivision 6 of section 401 of the correction law, as separate-
ly amended by section 9 of part NNN of chapter 59 and chapter 322 of the
laws of 2021, is amended to read as follows:
6. The department shall ensure that the curriculum for new correction
officers, and other new department staff who will regularly work in
programs providing mental health treatment for incarcerated individuals,
shall include at least eight hours of training about the types and symp-
toms of mental illnesses, the goals of mental health treatment, the
prevention of suicide and training in how to effectively and safely
manage incarcerated individuals with mental illness. Such training may
be provided by the office of mental health or the justice center for the
protection of people with special needs. All department staff who are
transferring into a residential mental health treatment unit shall
receive a minimum of eight additional hours of such training, and eight
hours of annual training as long as they work in such a unit. All secu-
rity, program services, mental health and medical staff with direct
incarcerated individual contact shall receive training each year regard-
ing identification of, and care for, incarcerated individuals with
mental illnesses. The department shall provide additional training on
these topics on an ongoing basis as it deems appropriate. [All staff
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working in a residential mental health treatment unit shall also receive
the training mandated in paragraph (n) of subdivision six of section one
hundred thirty-seven of this chapter.]
§ 11. Subdivision 4 of section 401-a of the correction law is
REPEALED.
§ 12. Subdivision 18 of section 45 of the correction law is REPEALED.
§ 13. Section 500-k of the correction law, as separately amended by
chapters 93 and 322 of the laws of 2021 and subdivision 2 as amended by
chapter 486 of the laws of 2022, is amended to read as follows:
§ 500-k. Treatment of incarcerated individuals. [1.] Subdivisions five
and six of section one hundred thirty-seven of this chapter, except
paragraphs (d) and (e) of subdivision six of such section, relating to
the treatment of incarcerated individuals in state correctional facili-
ties are applicable to incarcerated individuals confined in county
jails; except that the report required by paragraph (f) of subdivision
six of such section shall be made to a person designated to receive such
report in the rules and regulations of the state commission of
correction, or in any county or city where there is a department of
correction, to the head of such department.
[2. Notwithstanding any other section of law to the contrary, subdivi-
sion thirty-four of section two of this chapter, and subparagraphs (i),
(iv) and (v) of paragraph (j) and subparagraph (ii) of paragraph (m) of
subdivision six of section one hundred thirty-seven of this chapter
shall not apply to local correctional facilities with a total combined
capacity of five hundred incarcerated individuals or fewer.]
§ 14. This act shall take effect immediately.