S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8588--A

                          I N  A S S E M B L Y

                            January 24, 2014
                               ___________

Introduced  by  M.  of  A. AUBRY, PERRY -- read once and referred to the
  Committee on Correction -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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.
  S 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  separate  keeplock  housing  unit  OR  ANY  FORM OF KEEPLOCK, OR CELL
CONFINEMENT FOR MORE THAN SEVENTEEN HOURS A DAY OTHER THAN IN A  FACILI-
TY-WIDE LOCKDOWN.  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.
  S  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-
BILITY AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED NINE-
TY-TWO OF THE EXECUTIVE LAW, INCLUDING BUT NOT LIMITED TO, FOR  PURPOSES
OF  MENTAL  IMPAIRMENT, PERSONS WITH A SERIOUS MENTAL ILLNESS AS DEFINED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13381-03-4

A. 8588--A                          2

IN PARAGRAPH (E) OF SUBDIVISION SIX OF SECTION ONE HUNDRED  THIRTY-SEVEN
OF THIS CHAPTER; (D) WHO IS PREGNANT, IS IN THE FIRST EIGHT WEEKS OF THE
POST-PARTUM RECOVERY PERIOD AFTER GIVING BIRTH, OR IS CARING FOR A CHILD
IN  A  CORRECTIONAL INSTITUTION PURSUANT TO SUBDIVISIONS TWO OR THREE OF
SECTION SIX HUNDRED ELEVEN  OF  THIS  CHAPTER;  OR  (E)  WHO  IS  OR  IS
PERCEIVED TO BE LESBIAN, GAY, BISEXUAL, TRANSGENDER, OR INTERSEX.
  33.  "EMERGENCY CONFINEMENT" MEANS CONFINEMENT IN ANY CELL FOR NO MORE
THAN TWENTY-FOUR CONSECUTIVE HOURS AND NO MORE  THAN  FORTY-EIGHT  TOTAL
HOURS  IN  ANY FIFTEEN DAY PERIOD, WITH AT LEAST ONE HOUR OF OUT-OF-CELL
RECREATION FOR EVERY TWENTY-FOUR HOURS.
  34. "SHORT-TERM SEGREGATED CONFINEMENT" MEANS  SEGREGATED  CONFINEMENT
OF  NO  MORE  THAN  THREE CONSECUTIVE DAYS AND SIX DAYS TOTAL WITHIN ANY
THIRTY DAY PERIOD.
  35. "EXTENDED SEGREGATED CONFINEMENT" MEANS SEGREGATED CONFINEMENT  OF
NO  MORE  THAN FIFTEEN CONSECUTIVE DAYS AND TWENTY DAYS TOTAL WITHIN ANY
SIXTY DAY PERIOD.
  36. "RESIDENTIAL REHABILITATION UNIT" MEANS SECURE AND SEPARATE  UNITS
USED  FOR  THERAPY,  TREATMENT, AND REHABILITATIVE PROGRAMMING OF PEOPLE
WHO WOULD BE PLACED IN SEGREGATED  CONFINEMENT  FOR  MORE  THAN  FIFTEEN
DAYS. SUCH UNITS ARE THERAPEUTIC AND TRAUMA-INFORMED, AND AIM TO ADDRESS
INDIVIDUAL  TREATMENT  AND REHABILITATION NEEDS AND UNDERLYING CAUSES OF
PROBLEMATIC BEHAVIORS.
  S 4. Subdivision 6 of section 137 of the correction law is amended  by
adding  eight  new paragraphs (g), (h), (i), (j), (k), (l), (m), and (n)
to read as follows:
  (G) PERSONS IN A SPECIAL POPULATION AS DEFINED IN SUBDIVISION  THIRTY-
TWO  OF  SECTION  TWO  OF THIS CHAPTER SHALL NOT BE PLACED IN SEGREGATED
CONFINEMENT FOR ANY LENGTH OF TIME.  ANY  SUCH  PERSONS  THE  DEPARTMENT
WOULD  OTHERWISE PLACE IN SEGREGATED CONFINEMENT SHALL REMAIN IN GENERAL
POPULATION OR BE DIVERTED TO A RESIDENTIAL  REHABILITATION  UNIT.  IF  A
PERSON  IN  A  SPECIAL POPULATION IS PLACED IN EMERGENCY CONFINEMENT FOR
MORE THAN SIXTEEN HOURS, HE OR SHE SHALL BE ALLOWED OUT-OF-CELL AT LEAST
FOUR HOURS.
  (H) NO PERSON MAY BE IN SEGREGATED CONFINEMENT FOR LONGER THAN  NECES-
SARY  AND NEVER MORE THAN FIFTEEN CONSECUTIVE DAYS NOR TWENTY TOTAL DAYS
WITHIN ANY SIXTY DAY PERIOD. AT THESE LIMITS, PERSONS MUST  BE  RELEASED
FROM SEGREGATED CONFINEMENT OR DIVERTED TO A SEPARATE SECURE RESIDENTIAL
REHABILITATION UNIT.
  (I)  (I)  ALL  SEGREGATED  CONFINEMENT  AND RESIDENTIAL REHABILITATION
UNITS SHALL CREATE THE LEAST RESTRICTIVE ENVIRONMENT NECESSARY  FOR  THE
SAFETY OF RESIDENTS, STAFF, AND THE SECURITY OF THE FACILITY.
  (II) PERSONS IN SEGREGATED CONFINEMENT SHALL BE ALLOWED OUT-OF-CELL AT
LEAST  FOUR  HOURS  PER DAY, INCLUDING AT LEAST ONE HOUR FOR RECREATION.
PERSONS IN RESIDENTIAL REHABILITATION UNITS SHALL BE  ALLOWED  AT  LEAST
SIX  HOURS  PER  DAY  OUT-OF-CELL  FOR PROGRAMMING, SERVICES, TREATMENT,
AND/OR MEALS, AND AN ADDITIONAL MINIMUM  OF  ONE  HOUR  FOR  RECREATION.
RECREATION IN ALL UNITS SHALL TAKE PLACE IN A CONGREGATE SETTING, UNLESS
EXCEPTIONAL  CIRCUMSTANCES  MEAN DOING SO WOULD CREATE A SIGNIFICANT AND
UNREASONABLE RISK TO THE  SAFETY  AND  SECURITY  OF  OTHER  INCARCERATED
PERSONS, STAFF, OR THE FACILITY.
  (III) PERSONS IN SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION
UNITS  SHALL:  (A) RECEIVE AT LEAST COMPARABLE MEDICAL AND MENTAL HEALTH
CARE TO GENERAL  POPULATION,  INCLUDING  OBSTETRICAL  AND  GYNECOLOGICAL
SERVICES,  IN  A  SETTING ENSURING PRIVACY AND CONFIDENTIALITY; (B) HAVE
THEIR BASIC NEEDS MET IN A MANNER COMPARABLE TO GENERAL POPULATION,  AND
NEVER  HAVE  RESTRICTED  DIETS  NOR ANY ORDER RESTRICTING ANY BASIC NEED

A. 8588--A                          3

IMPOSED AS A FORM OF PUNISHMENT; (C) IF IN A RESIDENTIAL  REHABILITATION
UNIT BE ABLE TO RETAIN ALL THEIR PROPERTY WITH THEM; (D) HAVE COMPARABLE
ACCESS  TO  ALL SERVICES AND MATERIALS AS IN GENERAL POPULATION; AND (E)
BE  ABLE  TO RETAIN PROGRAM MATERIALS, COMPLETE PROGRAM ASSIGNMENTS, AND
CONTINUE UPON RETURN ALL UNCOMPLETED PROGRAMS  THEY  WERE  IN  PRIOR  TO
PLACEMENT  IN  SEGREGATED  CONFINEMENT  OR  A RESIDENTIAL REHABILITATION
UNIT.
  (IV) WITHIN TEN DAYS OF  ADMISSION  TO  A  RESIDENTIAL  REHABILITATION
UNIT,  AN  ASSESSMENT  COMMITTEE  COMPRISED  OF PROGRAM, REHABILITATION,
MENTAL HEALTH, AND SECURITY STAFF SHALL  ADMINISTER  AN  ASSESSMENT  AND
DEVELOP  IN COLLABORATION WITH THE RESIDENT AN INDIVIDUAL REHABILITATION
PLAN, BASED UPON THE PERSON'S MEDICAL, MENTAL  HEALTH,  AND  PROGRAMMING
NEEDS,  THAT  IDENTIFIES  SPECIFIC  GOALS  AND  PROGRAMS, TREATMENT, AND
SERVICES TO BE OFFERED, WITH PROJECTED TIME FRAMES  FOR  COMPLETION  AND
RELEASE FROM THE RESIDENTIAL REHABILITATION UNIT.
  (V) RESIDENTS IN RESIDENTIAL REHABILITATION UNITS SHALL HAVE ACCESS TO
PROGRAMS AND JOBS COMPARABLE TO ALL CORE OUT-OF-CELL PROGRAMS IN GENERAL
POPULATION.    SUCH  RESIDENTS  SHALL  ALSO  HAVE  ACCESS  TO ADDITIONAL
OUT-OF-CELL, TRAUMA-INFORMED THERAPEUTIC PROGRAMMING AIMED AT  PROMOTING
PERSONAL DEVELOPMENT, ADDRESSING UNDERLYING CAUSES OF PROBLEMATIC BEHAV-
IOR  RESULTING  IN  PLACEMENT  IN A RESIDENTIAL REHABILITATION UNIT, AND
HELPING PREPARE FOR DISCHARGE FROM THE UNIT AND TO THE COMMUNITY.
  (VI) IF THE DEPARTMENT ESTABLISHES THAT  A  PERSON  COMMITTED  AN  ACT
DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) 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
RESIDENTS OR STAFF, THE DEPARTMENT MAY RESTRICT  THAT  PERSON'S  PARTIC-
IPATION  IN PROGRAMMING AND OUT-OF-CELL TIME AS NECESSARY FOR THE SAFETY
OF OTHER RESIDENTS AND STAFF. IF RESTRICTIONS ARE IMPOSED IN  SEGREGATED
CONFINEMENT,  THE  DEPARTMENT  MUST  STILL  PROVIDE  AT  LEAST TWO HOURS
OUT-OF-CELL TIME. IF RESTRICTIONS ARE IMPOSED IN A RESIDENTIAL REHABILI-
TATION UNIT, THE DEPARTMENT SHALL DEVELOP  A  NEW  REHABILITATION  PLAN,
PROVIDE  AT LEAST THREE HOURS OUT-OF-CELL TIME, AND ON EACH DAY PROGRAM-
MING RESTRICTIONS ARE IMPOSED PROVIDE AT LEAST TWO HOURS OF  OUT-OF-CELL
ONE-ON-ONE  THERAPY WITH THE RESIDENT AND ONE HOUR OF OUT-OF-CELL RECRE-
ATION. THE DEPARTMENT SHALL REMOVE ALL RESTRICTIONS WITHIN FIFTEEN DAYS,
AND MAY NOT IMPOSE NEW RESTRICTIONS UNLESS THE PERSON COMMITS A NEW  ACT
DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION.
  (VII)  RESTRAINTS  SHALL  NOT  BE  USED WHEN RESIDENTS LEAVE A CELL OR
HOUSING AREA FOR ON-UNIT OPERATIONS, UNLESS A RESIDENT WAS  FOUND  AT  A
HEARING TO HAVE COMMITTED AN ACT OF VIOLENCE ON THE RESIDENTIAL REHABIL-
ITATION UNIT WITHIN THE PREVIOUS SEVEN DAYS OR IS CURRENTLY ACTING IN AN
UNACCEPTABLY  VIOLENT  MANNER,  AND  NOT USING RESTRAINTS WOULD CREATE A
SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND  SECURITY  OF  OTHER
RESIDENTS OR STAFF.
  (VIII)  THERE  SHALL BE A PRESUMPTION AGAINST THE IMPOSITION OF MISBE-
HAVIOR REPORTS, PURSUIT OF DISCIPLINARY CHARGES, OR IMPOSITION OF  ADDI-
TIONAL  TIME  IN  SEGREGATED  CONFINEMENT  FOR INDIVIDUALS IN SEGREGATED
CONFINEMENT OR RESIDENTIAL REHABILITATION UNITS.  THE  DEPARTMENT  SHALL
USE  OTHER  NON-DISCIPLINARY  INTERVENTIONS  TO  ADDRESS ANY PROBLEMATIC
BEHAVIOR. NO RESIDENT SHALL RECEIVE SEGREGATED CONFINEMENT TIME WHILE IN
SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT EXCEPT WHERE
IT IS DETERMINED PURSUANT TO A  DISCIPLINARY  HEARING  THAT  HE  OR  SHE
COMMITTED  ONE OR MORE ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J)
OF THIS SUBDIVISION WHILE ON THE UNIT,  AND  THAT  HE  OR  SHE  POSES  A

A. 8588--A                          4

SIGNIFICANT  AND  UNREASONABLE RISK TO THE SAFETY OF RESIDENTS OR STAFF,
OR THE SECURITY OF THE FACILITY.
  (J)  (I)  THE  DEPARTMENT  MAY PLACE A PERSON IN EMERGENCY CONFINEMENT
WITHOUT A HEARING IF NECESSARY FOR IMMEDIATELY  DEFUSING  A  SUBSTANTIAL
AND  IMMINENT  THREAT  TO  SAFETY OR SECURITY OF INCARCERATED PERSONS OR
STAFF.
  (II) THE DEPARTMENT IS ENCOURAGED TO USE RESPONSES OTHER  THAN  SEGRE-
GATED CONFINEMENT IN RESPONSE TO DEPARTMENT RULE VIOLATIONS. THE DEPART-
MENT  MAY  PLACE  A  PERSON  IN  SHORT TERM SEGREGATED CONFINEMENT IF IT
DETERMINES, PURSUANT TO AN EVIDENTIARY HEARING, THAT THE PERSON  COMMIT-
TED  A  DEPARTMENT  RULE  VIOLATION  WARRANTING SUCH CONFINEMENT AND THE
LENGTH  OF  SEGREGATED  CONFINEMENT  IMPOSED  IS  PROPORTIONATE  TO  THE
VIOLATION.
  (III)  THE  DEPARTMENT  MAY  PLACE  A  PERSON  IN  EXTENDED SEGREGATED
CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT ONLY IF, PURSUANT TO AN
EVIDENTIARY HEARING, IT DETERMINES THE  PERSON  COMMITTED,  WHILE  UNDER
DEPARTMENT  CUSTODY,  OR  PRIOR TO CUSTODY IF THE COMMISSIONER OR HIS OR
HER DESIGNEE DETERMINES IN WRITING BASED ON SPECIFIC OBJECTIVE  CRITERIA
THE  ACTS WERE SO HEINOUS OR DESTRUCTIVE THAT GENERAL POPULATION HOUSING
CREATES A SIGNIFICANT RISK OF IMMINENT SERIOUS PHYSICAL INJURY TO  STAFF
OR OTHER INCARCERATED PERSONS, ONE OF THE FOLLOWING ACTS: (A) CAUSING OR
ATTEMPTING  TO CAUSE SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON;
(B) 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)  COERCING  ANOTHER,
BY  FORCE OR THREAT OF FORCE, TO VIOLATE ANY RULE; (E) LEADING, ORGANIZ-
ING, OR INCITING A SERIOUS DISTURBANCE THAT RESULTS IN THE TAKING  OF  A
HOSTAGE,  MAJOR PROPERTY DAMAGE, OR PHYSICAL HARM TO ANOTHER PERSON; (F)
PROCURING DEADLY WEAPONS OR OTHER  DANGEROUS  CONTRABAND  THAT  POSES  A
SERIOUS  THREAT  TO  THE  SECURITY  OF THE INSTITUTION; OR (G) ESCAPING,
ATTEMPTING TO ESCAPE OR FACILITATING AN ESCAPE FROM A FACILITY, OR WHILE
UNDER SUPERVISION OUTSIDE OF SUCH A FACILITY, RESULTING IN PHYSICAL HARM
OR THREATENED PHYSICAL HARM TO OTHERS, OR IN MAJOR  DESTRUCTION  TO  THE
PHYSICAL PLANT.
  (IV)  NO  PERSON  MAY BE HELD IN SEGREGATED CONFINEMENT FOR PROTECTIVE
CUSTODY. ANY UNIT USED  FOR  PROTECTIVE  CUSTODY  MUST,  AT  A  MINIMUM,
CONFORM TO REQUIREMENTS GOVERNING RESIDENTIAL REHABILITATION UNITS UNDER
PARAGRAPHS (I), (L), (M), AND (N) OF THIS SUBDIVISION. WHEN APPLIED TO A
PERSON  IN  PROTECTIVE  CUSTODY,  THE  CRITERIA IN SUBPARAGRAPH (II) AND
CLAUSE (A) OF SUBPARAGRAPH (III) OF PARAGRAPH (L)  OF  THIS  SUBDIVISION
SHALL  BE  THAT "THE PERSON STILL IS IN NEED OF PROTECTIVE CUSTODY"; AND
THE CRITERIA IN SUBPARAGRAPH (IV) OF PARAGRAPH (L) OF  THIS  SUBDIVISION
SHALL BE THAT "THE PERSON IS IN VOLUNTARY PROTECTIVE CUSTODY."
  (K)  (I)  ALL HEARINGS TO DETERMINE IF A PERSON MAY BE PLACED IN SHORT
TERM OR EXTENDED SEGREGATED CONFINEMENT SHALL OCCUR PRIOR  TO  PLACEMENT
IN  SEGREGATED  CONFINEMENT  UNLESS  A SECURITY SUPERVISOR, WITH WRITTEN
APPROVAL OF A FACILITY SUPERINTENDENT OR DESIGNEE,  REASONABLY  BELIEVES
THE  PERSON  FITS THE CRITERIA FOR EXTENDED SEGREGATED CONFINEMENT. IF A
HEARING DOES NOT TAKE PLACE PRIOR TO PLACEMENT, IT SHALL OCCUR  AS  SOON
AS  REASONABLY  PRACTICABLE  AND  AT  MOST  WITHIN FIVE DAYS OF TRANSFER
UNLESS THE CHARGED PERSON SEEKS MORE TIME. ALL HEARINGS SHALL AT A MINI-
MUM COMPLY WITH THE STANDARDS OF ALL DEPARTMENT RULES  FOR  DISCIPLINARY
HEARINGS  AS  OF  JANUARY  FIRST, TWO THOUSAND FIFTEEN.   PERSONS AT ALL
HEARINGS SHALL BE PERMITTED  TO  BE  REPRESENTED  BY  ANY  PRO  BONO  OR
RETAINED  ATTORNEY,  OR  LAW  STUDENT;  OR ANY PARALEGAL OR INCARCERATED
PERSON UNLESS THE DEPARTMENT REASONABLY DISAPPROVES OF SUCH PARALEGAL OR

A. 8588--A                          5

INCARCERATED PERSON BASED UPON OBJECTIVE WRITTEN CRITERIA  DEVELOPED  BY
THE  DEPARTMENT  CONCERNING QUALIFICATIONS TO BE AN ASSISTANT AT A HEAR-
ING.
  (II)  ON  NOTIFICATION A PERSON IS TO BE PLACED IN SEGREGATED CONFINE-
MENT AND PRIOR TO SUCH PLACEMENT, HE OR SHE SHALL BE ASSESSED  BY  RELE-
VANT  LICENSED  MEDICAL,  SOCIAL,  AND/OR MENTAL HEALTH PROFESSIONALS TO
DETERMINE WHETHER HE OR SHE BELONGS TO ANY SPECIAL POPULATION AS DEFINED
IN SUBDIVISION THIRTY-TWO OF SECTION TWO OF THIS CHAPTER.  IF  A  PERSON
DISPUTES  A DETERMINATION THAT HE OR SHE IS NOT IN A SPECIAL POPULATION,
HE OR SHE SHALL BE PROVIDED A HEARING WITHIN SEVENTY-TWO HOURS OF PLACE-
MENT IN SEGREGATED CONFINEMENT TO CHALLENGE SUCH DETERMINATION.
  (L) (I) ANY SANCTION  IMPOSED  ON  AN  INCARCERATED  PERSON  REQUIRING
SEGREGATED  CONFINEMENT  SHALL  RUN WHILE THE PERSON IS IN A RESIDENTIAL
REHABILITATION UNIT AND THE PERSON SHALL BE  DISCHARGED  FROM  THE  UNIT
BEFORE OR AT THE TIME THAT SANCTION EXPIRES.
  (II)  WITHIN  THIRTY DAYS OF ADMISSION TO A RESIDENTIAL REHABILITATION
UNIT AND EVERY SIXTY DAYS THEREAFTER,  THE  ASSESSMENT  COMMITTEE  SHALL
REVIEW  EACH  RESIDENT'S  PROGRESS  AND  DISCHARGE  A RESIDENT UNLESS IT
DETERMINES IN WRITING THROUGH CREDIBLE AND RELIABLE EVIDENCE THAT  THERE
IS  CURRENTLY  A SUBSTANTIAL LIKELIHOOD THAT THE RESIDENT WILL COMMIT AN
ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION.
  (III) WITHIN ONE HUNDRED DAYS AFTER ADMISSION TO A  RESIDENTIAL  REHA-
BILITATION UNIT AND EVERY ONE HUNDRED TWENTY DAYS THEREAFTER, A REHABIL-
ITATION  REVIEW  COMMITTEE, COMPRISED OF CORRECTIONAL FACILITY EXECUTIVE
LEVEL PROGRAM, REHABILITATION, AND  SECURITY  STAFF  SHALL  DISCHARGE  A
RESIDENT  FROM A RESIDENTIAL REHABILITATION UNIT UNLESS IT DETERMINES IN
WRITING, AFTER CONSIDERING THE RESIDENT'S ORAL STATEMENT AND ANY WRITTEN
SUBMISSIONS BY THE RESIDENT OR OTHERS, THAT: (A) THERE  IS  CURRENTLY  A
SUBSTANTIAL  LIKELIHOOD  THAT  THE RESIDENT WILL COMMIT AN ACT LISTED IN
SUBPARAGRAPH (III) OF PARAGRAPH (J)  OF  THIS  SUBDIVISION,  SIGNIFICANT
THERAPEUTIC  REASONS  EXIST  FOR  KEEPING  THE  RESIDENT  IN THE UNIT TO
COMPLETE SPECIFIC PROGRAM OR TREATMENT GOALS, AND REMAINING IN THE  UNIT
IS IN THE BEST INTEREST OF THE RESIDENT; OR (B) THE RESIDENT HAS COMMIT-
TED  AN ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDI-
VISION DURING THE ONE HUNDRED TWENTY DAYS PRIOR TO THE REVIEW.
  (IV) IF A RESIDENT HAS SPENT ONE YEAR IN A RESIDENTIAL  REHABILITATION
UNIT OR IS WITHIN SIXTY DAYS OF A FIXED OR TENTATIVELY APPROVED DATE FOR
RELEASE  FROM  A  CORRECTIONAL FACILITY, HE SHALL BE DISCHARGED FROM THE
UNIT UNLESS HE OR SHE COMMITTED AN ACT LISTED IN SUBPARAGRAPH  (III)  OF
PARAGRAPH  (J)  OF  THIS SUBDIVISION WITHIN THE PRIOR ONE HUNDRED EIGHTY
DAYS OR HE OR SHE CAUSED THE DEATH OF ANOTHER PERSON WHILE UNDER DEPART-
MENT CUSTODY OR ESCAPED OR ATTEMPTED TO ESCAPE FROM DEPARTMENT OR  OTHER
POLICE  CUSTODY AND THE REHABILITATION REVIEW COMMITTEE DETERMINES HE OR
SHE POSES A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY OR  SECURITY
OF  INCARCERATED PERSONS OR STAFF, BUT IN ANY SUCH CASE THE DECISION NOT
TO  DISCHARGE  SUCH  PERSON  SHALL  BE  IMMEDIATELY  AND   AUTOMATICALLY
SUBJECTED  TO  AN  INDEPENDENT  REVIEW BY THE JUSTICE CENTER ENTITY WITH
OVERSIGHT RESPONSIBILITIES UNDER SECTION  FOUR  HUNDRED  ONE-A  OF  THIS
CHAPTER,  WITH  TIMELY  NOTICE  GIVEN  TO THE INCARCERATED PERSON OF THE
SUBMISSION OF THE CASE TO THE JUSTICE CENTER AND OF THE DECISION OF  THE
JUSTICE  CENTER.    IF THE JUSTICE CENTER DISAGREES WITH THE DECISION TO
NOT DISCHARGE, THE RESIDENT WILL BE IMMEDIATELY RELEASED FROM THE  RESI-
DENTIAL REHABILITATION UNIT. IF THE JUSTICE CENTER AGREES WITH THE DECI-
SION  TO NOT DISCHARGE, THE DISCHARGE PROCEDURES SET FORTH IN THIS PARA-
GRAPH SHALL APPLY INCLUDING ANNUAL REVIEWS BY THE JUSTICE  CENTER  OF  A
DECISION  BY  THE REHABILITATION REVIEW COMMITTEE TO REFUSE TO RELEASE A

A. 8588--A                          6

RESIDENT, HOWEVER, UNDER NO CIRCUMSTANCES SHALL ANY SUCH PERSON BE  HELD
IN  THE RESIDENTIAL REHABILITATION UNIT FOR MORE THAN THREE YEARS UNLESS
THE REHABILITATION REVIEW COMMITTEE DETERMINES HE OR  SHE  COMMITTED  AN
ACT  LISTED  IN  SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION
WITHIN ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION OF THE THREE YEAR
PERIOD AND POSES A SIGNIFICANT AND UNREASONABLE RISK TO  THE  SAFETY  OR
SECURITY OF INCARCERATED PERSONS OR STAFF.
  (V)  AFTER EACH ASSESSMENT COMMITTEE AND REHABILITATION REVIEW COMMIT-
TEE DECISION, IF A RESIDENT IS NOT DISCHARGED FROM THE RESIDENTIAL REHA-
BILITATION UNIT, THE RESPECTIVE COMMITTEE SHALL SPECIFY IN  WRITING  (A)
THE  REASONS  FOR  THE  DETERMINATION  AND  (B)  THE PROGRAM, TREATMENT,
SERVICE, AND/OR CORRECTIVE ACTION REQUIREMENTS FOR DISCHARGE. THE  RESI-
DENT SHALL BE GIVEN ACCESS TO THE PROGRAMS, TREATMENT AND SERVICES SPEC-
IFIED,  AND SHALL BE DISCHARGED FROM THE RESIDENTIAL REHABILITATION UNIT
UPON COMPLETION UNLESS THE RESIDENT  HAS  COMMITTED  AN  ACT  LISTED  IN
SUBPARAGRAPH  (III)  OF  PARAGRAPH  (J)  OF  THIS SUBDIVISION DURING THE
PREVIOUS ONE HUNDRED TWENTY DAYS.
  (VI) WHEN A RESIDENT IS DISCHARGED FROM A  RESIDENTIAL  REHABILITATION
UNIT,  ANY  REMAINING  SENTENCE  TO  SEGREGATED CONFINEMENT TIME WILL BE
DISMISSED. IF A  RESIDENT  SUBSTANTIALLY  COMPLETES  HIS  REHABILITATION
PLAN, HE OR SHE WILL HAVE ALL GOOD TIME RESTORED UPON DISCHARGE FROM THE
UNIT.
  (M)  ALL  STAFF,  INCLUDING SUPERVISORY STAFF, WORKING IN A SEGREGATED
CONFINEMENT OR RESIDENTIAL REHABILITATION UNIT SHALL UNDERGO  A  MINIMUM
OF  FORTY HOURS OF TRAINING PRIOR TO WORKING ON THE UNIT AND TWENTY-FOUR
HOURS ANNUALLY THEREAFTER, ON SUBSTANTIVE CONTENT DEVELOPED IN CONSULTA-
TION WITH RELEVANT EXPERTS, INCLUDING TRAUMA, PSYCHIATRIC  AND  RESTORA-
TIVE  JUSTICE  EXPERTS,  ON  TOPICS  INCLUDING,  BUT NOT LIMITED TO, THE
PURPOSE AND  GOALS  OF  THE  NON-PUNITIVE  THERAPEUTIC  ENVIRONMENT  AND
DISPUTE  RESOLUTION  METHODS.  PRIOR TO PRESIDING OVER ANY HEARINGS, ALL
HEARING OFFICERS SHALL UNDERGO A MINIMUM OF FORTY HOURS OF TRAINING, AND
EIGHT HOURS ANNUALLY THEREAFTER, ON RELEVANT TOPICS, INCLUDING  BUT  NOT
LIMITED  TO,  THE  PHYSICAL  AND  PSYCHOLOGICAL  EFFECTS  OF  SEGREGATED
CONFINEMENT, PROCEDURAL AND DUE  PROCESS  RIGHTS  OF  THE  ACCUSED,  AND
RESTORATIVE JUSTICE REMEDIES.
  (N)  THE  DEPARTMENT  SHALL MAKE PUBLICLY AVAILABLE MONTHLY REPORTS OF
THE NUMBER OF PEOPLE AS OF THE FIRST DAY OF EACH MONTH, AND  SEMI-ANNUAL
AND ANNUAL CUMULATIVE REPORTS OF THE TOTAL NUMBER OF PEOPLE, WHO ARE (I)
IN SEGREGATED CONFINEMENT; AND (II) IN RESIDENTIAL REHABILITATION UNITS;
ALONG  WITH  A  BREAKDOWN  OF  THE  NUMBER OF PEOPLE (III) IN SEGREGATED
CONFINEMENT AND (IV) IN RESIDENTIAL REHABILITATION UNITS BY (A) AGE; (B)
RACE; (C) GENDER; (D) MENTAL HEALTH LEVEL; (E) HEALTH STATUS;  (F)  DRUG
ADDICTION  STATUS;  (G)  PREGNANCY  STATUS;  (H) LESBIAN, GAY, BISEXUAL,
TRANSGENDER, OR INTERSEX STATUS; AND  (I)  TOTAL  CONTINUOUS  LENGTH  OF
STAY,  AND  TOTAL  LENGTH  OF STAY IN THE PAST SIXTY DAYS, IN SEGREGATED
CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT.
  S 5. Section 401-a of the correction law is amended by  adding  a  new
subdivision 4 to read as follows:
  4.  THE  JUSTICE CENTER SHALL ASSESS COMPLIANCE WITH THE TERMS OF, AND
AT LEAST ANNUALLY REPORT ON AND MAKE RECOMMENDATIONS TO THE  DEPARTMENT,
LEGISLATURE,  AND PUBLIC IN WRITING, REGARDING ALL ASPECTS OF SEGREGATED
CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS IN  STATE  CORRECTIONAL
FACILITIES PURSUANT TO SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER,
INCLUDING  BUT  NOT  LIMITED  TO  POLICIES  AND PRACTICES REGARDING: (A)
PLACEMENT OF PERSONS; (B) SPECIAL POPULATIONS; (C) LENGTH OF TIME SPENT;
(D) HEARINGS AND PROCEDURES; (E) CONDITIONS, PROGRAMS,  SERVICES,  CARE,

A. 8588--A                          7

AND  TREATMENT; AND (F) ASSESSMENTS AND REHABILITATION PLANS, AND PROCE-
DURES AND DETERMINATIONS MADE AS TO WHETHER  PERSONS  SHOULD  REMAIN  IN
RESIDENTIAL REHABILITATION UNITS.
  S  6. Subdivision 4 of section 45 of the correction law, as amended by
section 15 of subpart A of part C of chapter 62 of the laws of 2011,  is
amended to read as follows:
  4.  (A)  Establish  procedures  to  assure  effective investigation of
grievances of, and conditions affecting, inmates of  local  correctional
facilities.  Such procedures shall include but not be limited to receipt
of  written complaints, interviews of persons, and on-site monitoring of
conditions.  In addition, the commission shall establish procedures  for
the  speedy  and  impartial  review  of grievances referred to it by the
commissioner of the department of corrections and community supervision.
  (B) THE COMMISSION SHALL ALSO ASSESS COMPLIANCE WITH THE TERMS OF, AND
AT LEAST ANNUALLY REPORT ON AND MAKE RECOMMENDATIONS TO THE  DEPARTMENT,
LEGISLATURE, AND PUBLIC, REGARDING ALL ASPECTS OF SEGREGATED CONFINEMENT
AND  RESIDENTIAL  REHABILITATION UNITS IN FACILITIES GOVERNED BY SECTION
FIVE HUNDRED-K OF THIS CHAPTER, INCLUDING BUT NOT  LIMITED  TO  POLICIES
AND PRACTICES FOR BOTH REGARDING: (I) PLACEMENT OF PERSONS; (II) SPECIAL
POPULATIONS;  (III)  LENGTH OF TIME SPENT; (IV) HEARINGS AND PROCEDURES;
(V) CONDITIONS,  PROGRAMS,  SERVICES,  CARE,  AND  TREATMENT;  AND  (VI)
ASSESSMENTS  AND REHABILITATION PLANS, AND PROCEDURES AND DETERMINATIONS
MADE AS TO WHETHER PERSONS SHOULD REMAIN IN  RESIDENTIAL  REHABILITATION
UNITS.
  S 7. This act shall take effect immediately.