Senate Bill S4784

2017-2018 Legislative Session

Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options

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Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2017-S4784 - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§137, 2, 401-a & 45, Cor L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6466
2015-2016: S2659
2019-2020: S1623
2021-2022: S1757, S2836

2017-S4784 - Summary

Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options; limits the length of time a person may be in segregated confinement and excludes certain persons from being placed in segregated confinement.

2017-S4784 - Sponsor Memo

2017-S4784 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4784
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 restricting the use
   of segregated confinement and  creating  alternative  therapeutic  and
   rehabilitative confinement options

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 137 of the correction law is amended  by  adding  a
 new subdivision 5-a to read as follows:
   5-A.  THE  USE OF SEGREGATED CONFINEMENT, EXCLUSION OF CERTAIN SPECIAL
 POPULATIONS, AND LENGTH OF TIME  ANY  PERSON  CAN  SPEND  IN  SEGREGATED
 CONFINEMENT  SHALL BE RESTRICTED IN ACCORDANCE WITH PARAGRAPHS (G), (H),
 (I), (J), (K), (L), (M), AND (N) OF SUBDIVISION SIX OF THIS  SECTION  OR
 ANY OTHER APPLICABLE LAW.
   §  2.  Subdivision  23 of section 2 of the correction law, as added by
 chapter 1 of the laws of 2008, is amended to read as follows:
   23. "Segregated confinement"  means  the  [disciplinary]  confinement,
 OTHER  THAN  FOR EMERGENCY CONFINEMENT AS DEFINED IN SUBDIVISION THIRTY-
 THREE OF THIS SECTION, OR  FOR  DOCUMENTED  MEDICAL  REASONS  OR  MENTAL
 HEALTH EMERGENCIES, of an inmate in a special housing unit or in a sepa-
 rate  keeplock housing unit OR ANY FORM OF KEEPLOCK, OR CELL CONFINEMENT
 FOR MORE THAN SEVENTEEN HOURS A DAY OTHER THAN IN A FACILITY-WIDE  LOCK-
 DOWN.    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 inmates  confined  pursuant
 to the disciplinary procedures described in regulations.
   §  3.  Section  2  of the correction law is amended by adding five new
 subdivisions 32, 33, 34, 35, and 36 to read as follows:
   32. "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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-S4784A (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§137, 2, 401-a & 45, Cor L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6466
2015-2016: S2659
2019-2020: S1623
2021-2022: S1757, S2836

2017-S4784A (ACTIVE) - Summary

Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options; limits the length of time a person may be in segregated confinement and excludes certain persons from being placed in segregated confinement.

2017-S4784A (ACTIVE) - Sponsor Memo

2017-S4784A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4784--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2017
                                ___________
 
 Introduced  by  Sens.  PARKER,  ALCANTARA,  BAILEY,  BENJAMIN,  BRESLIN,
   BROOKS, COMRIE, DILAN, GIANARIS, HAMILTON, HOYLMAN, KAMINSKY, KRUEGER,
   MONTGOMERY, PERALTA, PERSAUD, RIVERA, SANDERS, SAVINO, SERRANO, STAVI-
   SKY -- read twice and ordered printed, and when printed to be  commit-
   ted  to the Committee on Crime Victims, Crime and Correction -- recom-
   mitted to the Committee on Crime  Victims,  Crime  and  Correction  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the correction law, in relation to restricting the use
   of segregated confinement and  creating  alternative  therapeutic  and
   rehabilitative confinement options
 
   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 added
 by chapter 1 of the laws of 2008, is amended to read as follows:
   23. "Segregated confinement" means the [disciplinary]  confinement  of
 an  inmate  in [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 inmates confined pursuant
 to the disciplinary procedures described in  regulations]  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  CONFINEMENT 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.
   § 2. Section 2 of the correction law is  amended  by  adding  two  new
 subdivisions 32 and 33 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08286-07-8
              

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