S T A T E O F N E W Y O R K
________________________________________________________________________
9487
I N S E N A T E
March 17, 2026
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to reforming the use of
segregated confinement and creating alternative therapeutic and reha-
bilitative confinement options
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (ii) of paragraph (i) and subparagraph (vi) of
paragraph (j) of subdivision 6 of section 137 of the correction law,
subparagraph (ii) of paragraph (i) as amended by section 3 of part NNN
of chapter 59 of the laws of 2021, and subparagraph (vi) of paragraph
(j) as added by chapter 93 of the laws of 2021, are amended to read as
follows:
(ii) For offenses determined pursuant to paragraph (l) of this subdi-
vision to constitute [a violent felony] AN act defined in subparagraph
(ii) of paragraph (k) of this subdivision, if occurring more than one
time within any sixty day period, up to an additional fifteen consec-
utive days in segregated confinement may occur for each such additional
incident. If such subsequent incident takes place in a residential reha-
bilitation unit or general population, the person may be returned to
segregated confinement for up to fifteen consecutive days. If such
subsequent incident takes place in segregated confinement and causes
physical injury to another person, the person may receive up to an addi-
tional fifteen consecutive days in segregated confinement, provided
however that the person must spend at least fifteen days in a residen-
tial rehabilitation unit in between each placement of up to fifteen
consecutive days in segregated confinement. Custody under this subpara-
graph shall otherwise be in accordance with this chapter.
(vi) If the department establishes that a person committed an act
defined in subparagraph (ii) of paragraph (k) of this subdivision while
in segregated confinement or a residential rehabilitation unit and poses
a significant and unreasonable risk to the safety and security of other
incarcerated persons or staff, the department may restrict such person's
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14770-03-6
S. 9487 2
participation in programming and out-of-cell activities as necessary for
the safety of other incarcerated persons and staff. If such restrictions
are imposed, the department must provide at least four hours out-of-cell
time daily, including [at least two hours of] therapeutic programming
[and two hours of recreation, and must make reasonable efforts to rein-
state access to programming as soon as possible] OR RECREATION, THAT IS
TAILORED TO THE INDIVIDUAL'S MISCONDUCT WHILE MAKING REASONABLE EFFORTS
TO PREVENT DISRUPTION TO OTHER INCARCERATED INDIVIDUAL'S ACCESS TO
PROGRAMMING OR RECREATION. In no case may such restrictions extend
beyond fifteen days unless the person commits a new act defined herein
justifying restrictions on program access, or if the commissioner and,
when appropriate, the commissioner of mental health personally reason-
ably determine that the person poses an extraordinary and unacceptable
risk of imminent harm to the safety or security of incarcerated persons
or staff. Any extension of program restrictions beyond fifteen days must
be meaningfully reviewed and approved at least every fifteen days by the
commissioner and, when appropriate, by the commissioner of mental
health. Each review must consider the impact of therapeutic programming
provided during the fifteen-day period on the person's risk of imminent
harm and the commissioner must articulate in writing, with a copy
provided to the incarcerated person, the specific reason why the person
currently poses an extraordinary and unacceptable risk of imminent harm
to the safety or security of incarcerated persons or staff. In no case
may restrictions imposed by the commissioner extend beyond ninety days
unless the person commits a new act defined herein justifying
restrictions on program access.
§ 2. Paragraph (k) of subdivision 6 of section 137 of the correction
law, as added by chapter 93 of the laws of 2021, clause (F) of subpara-
graph (ii) as amended by section 5 of part NNN of chapter 59 of the laws
of 2021, and the closing paragraph of subparagraph (ii) as further
amended by chapter 322 of the laws of 2021, is amended to read as
follows:
(k) (i) The department may place a person in segregated confinement
for up to three consecutive days and no longer than six days in any
thirty day period if, pursuant to an evidentiary hearing, it determines
that the person violated department rules which permit a penalty of
segregated confinement. The department may not place a person in segre-
gated confinement for longer than three consecutive days or six days
total in a thirty day period unless the provisions of subparagraph (ii)
of this paragraph are met.
(ii) The department may place a person in segregated confinement
beyond the limits of subparagraph (i) of this paragraph or in a residen-
tial rehabilitation unit only if, pursuant to an evidentiary hearing, it
determines by written decision that the person committed one of the
following acts [and] OR if the commissioner or [his or her] SUCH COMMIS-
SIONER'S designee determines in writing based on specific objective
criteria THAT the [acts were] PERSON COMMITTED ANY ACT so heinous or
destructive that placement of the individual in general population hous-
ing creates a significant risk of [imminent serious] physical injury to
staff or other incarcerated persons, and creates an unreasonable risk to
the security of the facility:
(A) COMMITTING AN ACT CONSISTENT WITH CONDUCT DEFINED AS A VIOLENT
FELONY OFFENSE IN SECTION 70.02 OF THE PENAL LAW;
(B) causing or attempting to cause serious physical injury or death to
another person or making an imminent threat of such serious physical
injury or death if the person has a history of causing such physical
S. 9487 3
injury or death and the commissioner and, when appropriate, the commis-
sioner of mental health or their designees reasonably determine that
there is a strong likelihood that the person will carry out such threat.
The commissioner of mental health or [his or her] SUCH COMMISSIONER'S
designee shall be involved in such determination if the person is or has
been on the mental health caseload or appears to require psychiatric
attention. The department and the office of mental health shall promul-
gate rules and regulations pertaining to this clause;
[(B)] (C) compelling or attempting to compel another person, by force
or threat of force, to engage in a sexual act;
[(C) extorting another, by force or threat of force, for property or
money;]
(D) ENGAGING IN LEWD CONDUCT OR HARASSMENT DIRECTED AT AN EMPLOYEE,
INCARCERATED INDIVIDUAL, OR OTHER PERSON WITHIN A CORRECTIONAL FACILITY,
INCLUDING BUT NOT LIMITED TO: (1) INTENTIONAL EXPOSURE OF THE GENITALS,
BUTTOCKS, OR FEMALE BREASTS FOR THE PURPOSE OF SEXUAL AROUSAL, GRATIFI-
CATION, DEGRADATION, OR ABUSE; (2) MASTURBATORY OR OTHER SEXUAL ACTS
PERFORMED IN THE PRESENCE OR VIEW OF ANOTHER PERSON WITHOUT THAT
PERSON'S CONSENT; OR (3) VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE
THAT IS SEVERE OR PERVASIVE ENOUGH TO CREATE AN INTIMIDATING, HOSTILE,
OR ABUSIVE ENVIRONMENT FOR STAFF OR INCARCERATED INDIVIDUALS;
(E) ENGAGING IN A PATTERN OF EXTORTION IN CONNECTION WITH A GANG,
UNAUTHORIZED ORGANIZATION, OR CRIMINAL ENTERPRISE FOR THE PURPOSE OF
PROFITING OR BENEFITING FROM SUCH MISCONDUCT;
(F) coercing another, by force or threat of force, to violate any
rule;
[(E)] (G) leading, organizing, inciting, or attempting to cause a
riot, insurrection, or other similarly serious disturbance that results
in the taking of a hostage, major property damage, or physical harm to
another person;
[(F)] (H) procuring a deadly weapon or other dangerous contraband that
poses a serious threat to the security of the institution; [or
(G)] (I) escaping, attempting to escape or facilitating an escape from
a facility or escaping or attempting to escape while under supervision
outside such facility; OR
(J) COMMITTING CONDUCT AGAINST AN EMPLOYEE THAT IS CONSISTENT WITH THE
OFFENSE OF AGGRAVATED HARASSMENT OF AN EMPLOYEE BY AN INCARCERATED INDI-
VIDUAL AS DEFINED IN SECTION 240.32 OF THE PENAL LAW, INCLUDING BUT NOT
LIMITED TO THE INTENTIONAL THROWING, TOSSING, EXPELLING, OR CAUSING TO
BE PROJECTED OF URINE, FECES, BLOOD, SALIVA, SEMINAL FLUID, OR OTHER
BODILY SUBSTANCE, OR ANY MIXTURE CONTAINING SUCH SUBSTANCE, OR ANY OTHER
UNHYGIENIC ACT LIKELY TO CAUSE ALARM, DISTRESS, OR A RISK TO HEALTH OR
SAFETY.
[For purposes of this section, attempting to cause a serious disturb-
ance or to escape shall only be determined to have occurred if there is
a clear finding that the incarcerated individual had the intent to cause
a serious disturbance or the intent to escape and had completed signif-
icant acts in the advancement of the attempt to create a serious
disturbance or escape. Evidence of withdrawal or abandonment of a plan
to cause a serious disturbance or to escape shall negate a finding of
intent.]
(iii) [No person may be placed] IN CASES OF RECIDIVIST MISCONDUCT
OCCURRING IN GENERAL POPULATION, THE DEPARTMENT MAY PLACE AN INCARCERAT-
ED INDIVIDUAL in segregated confinement or a residential rehabilitation
unit [based on the same act or incident that was previously used as the
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basis for such placement] FOR A PERIOD NOT TO EXCEED FIFTEEN DAYS, WHERE
IT HAS BEEN DETERMINED THAT:
(A) THE PERSON HAS ENGAGED IN NO FEWER THAN THREE SEPARATE ACTS OF
MISCONDUCT THAT DO NOT QUALIFY FOR PLACEMENT IN SEGREGATED CONFINEMENT
COMMITTED WITHIN THE PRECEDING THIRTY DAYS, EACH ESTABLISHED PURSUANT TO
APPLICABLE DISCIPLINARY PROCEDURES; AND
(B) ALTERNATIVE INTERVENTIONS, INCLUDING BUT NOT LIMITED TO COUN-
SELING, PROGRAM MODIFICATIONS, AND OTHER NON-SEGREGATION BASED MEASURES,
HAVE BEEN ATTEMPTED AND FAILED, AND THE ONGOING MISBEHAVIOR CREATES AN
UNREASONABLE RISK TO SAFETY OR A DISRUPTION TO THE OPERATION OF THE
FACILITY.
(iv) [No person may be held in segregated confinement for protective
custody. Any unit used for protective custody must,] NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, WHEN THERE IS AN UNREASONABLE RISK TO THE SAFETY
OF AN INCARCERATED PERSON OR OTHERS, AND NO OTHER SUITABLE ALTERNATIVE
HOUSING IS READILY AVAILABLE at [a minimum, conform to requirements
governing] THE FACILITY, THE DEPARTMENT MAY TEMPORARILY PLACE A PERSON
UNDER PROTECTIVE CUSTODY IN SEGREGATED CONFINEMENT OR A residential
rehabilitation [units] UNIT FOR A PERIOD NOT TO EXCEED THREE DAYS. THE
DEPARTMENT SHALL PROVIDE AT LEAST SEVEN HOURS OF DAILY OUT-OF-CELL TIME,
INCLUDING ACCESS TO CONGREGATE PROGRAMMING, SERVICES, TREATMENT, RECRE-
ATION, ACTIVITIES AND/OR MEALS, CONSISTENT WITH THE MINIMUM STANDARDS
APPLICABLE TO RESIDENTIAL REHABILITATION UNITS, EXCEPT WHERE AN INDIVID-
UALIZED DETERMINATION IS MADE THAT SUCH CONGREGATE SETTING WOULD POSE AN
IMMINENT RISK OF SERIOUS PHYSICAL INJURY TO THE INCARCERATED PERSON OR
OTHERS, IN WHICH CASE ALTERNATIVE OUT-OF-CELL ACTIVITIES SHALL BE
PROVIDED TO THE GREATEST EXTENT PRACTICABLE.
§ 3. Subdivision 3 of section 803 of the correction law, as amended by
section 37 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
3. The commissioner of corrections and community supervision shall
promulgate, AND WHEN DEEMED NECESSARY, AMEND OR MODIFY SUCH rules and
regulations AS MAY BE REQUIRED for the granting, withholding, forfei-
ture, cancellation and restoration of allowances authorized by this
section in accordance with the criteria herein specified. DUE CONSIDER-
ATION SHALL BE GIVEN TO THE INCARCERATED INDIVIDUAL'S PERSONAL GROWTH,
DEMONSTRATED ACCOMPLISHMENTS, INSTITUTIONAL ADJUSTMENT, AND EFFORTS
TOWARD REHABILITATION. Such rules and regulations shall include
provisions designating the person or committee in each correctional
institution delegated to make discretionary determinations with respect
to the allowances, the books and records to be kept, and a procedure for
review of the institutional determinations by the commissioner.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
