S T A T E O F N E W Y O R K
________________________________________________________________________
5906
2011-2012 Regular Sessions
I N S E N A T E
October 5, 2011
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Introduced by Sen. MONTGOMERY -- 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 limiting the segre-
gated confinement of persons in a correctional facility with serious
mental illness
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (c), (d), (e) and (f) of subdivision 6 of
section 137 of the correction law are relettered paragraphs (e), (f),
(g) and (h) and two new paragraphs (c) and (d) are added and subpara-
graph (i) of paragraph (f), as amended by chapter 1 of the laws of 2008
and as relettered by this section, is amended to read as follows:
(C) INMATES SHALL NOT BE IN SEGREGATED CONFINEMENT FOR REASON OF
DISCIPLINE, DETENTION, ADMINISTRATIVE SEGREGATION, PROTECTIVE CUSTODY,
KEEPLOCK, OR ANY OTHER REASON FOR ADMISSION, UNLESS THEY HAVE ENGAGED IN
HIGHLY DANGEROUS, VIOLENT OR SERIOUS ESCAPE-RELATED BEHAVIOR WHILE
INCARCERATED IN THAT FACILITY;
(D) CONFINEMENT IN SEGREGATED CONFINEMENT SHALL BE LIMITED TO NOT MORE
THAN NINETY DAYS, EXCEPT FOR AN INMATE WHOSE BEHAVIOR EXPOSES A PATTERN
OF EXTREME VIOLENCE OR DANGER TO HIMSELF OR OTHERS AND, PROVIDED THAT
FOR THOSE CONFINED LONGER THAN NINETY DAYS, THERE SHALL BE A REVIEW
EVERY NINETY DAYS BY AN INDEPENDENT REVIEW BOARD, TO BE KNOWN AS THE
INMATE'S SPECIAL HOUSING UNIT REVIEW COUNCIL TO DETERMINE WHETHER
CONTINUED SEGREGATED CONFINEMENT IS WARRANTED AND NECESSARY. SUCH COUN-
CIL SHALL BE COMPOSED OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR WITH
THE ADVICE AND CONSENT OF THE SENATE. ONE MEMBER SHALL BE AN ATTORNEY
ADMITTED TO PRACTICE LAW IN THIS STATE, ONE MEMBER SHALL BE A MENTAL
HEALTH PROFESSIONAL, ONE MEMBER SHALL BE A CRIMINAL JUSTICE EXPERT
APPOINTED FROM WITHIN EMPLOYEES OF THE STATE UNIVERSITY SYSTEM, AND ONE
MEMBER SHALL BE A FORMER INMATE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13525-01-1
S. 5906 2
(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 TO A RESIDENTIAL MENTAL HEALTH TREATMENT UNIT, or
SHALL remove inmates with serious mental illness FROM SEGREGATED
CONFINEMENT, WHETHER SUCH SERIOUS MENTAL ILLNESS, as defined in para-
graph [(e)] (G) of this subdivision, [from segregated confinement, where
such confinement could potentially be for a period in excess of thirty
days, to a residential mental health treatment unit] PRECEDED SUCH
CONFINEMENT OR DEVELOPED DURING THE COURSE OF SUCH CONFINEMENT. Nothing
in this paragraph shall be deemed to prevent the disciplinary process
from proceeding in accordance with department rules and regulations for
disciplinary hearings.
S 2. Section 500-k of the correction law, as amended by chapter 2 of
the laws of 2008, is amended to read as follows:
S 500-k. Treatment of inmates. Subdivisions five and six of section
one hundred thirty-seven of this chapter, except paragraphs [(d)] (F)
and [(e)] (G) of subdivision six of such section, relating to the treat-
ment of inmates in state correctional facilities are applicable to
inmates confined in county jails; except that the report required by
paragraph [(f)] (H) 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] CORRECTIONAL SERVICES, to the head
of such department.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on or
before such date.