S T A T E   O F   N E W   Y O R K
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                                 9286--A

                          I N  A S S E M B L Y

                              April 7, 2014
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  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 requiring  structured
  out-of-cell  programming  for  adolescents  in segregated disciplinary
  confinement

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  opening paragraph of subdivision 6 of section 137 of
the correction law, as amended by chapter 1 of  the  laws  of  2008,  is
amended to read as follows:
  Except as provided in paragraphs (d) [and], (e) AND (G) of this subdi-
vision,  the  superintendent  of  a  correctional  facility may keep any
inmate confined in  a  cell  or  room,  apart  from  the  accommodations
provided  for inmates who are participating in programs of the facility,
for such period as may be necessary for maintenance of order  or  disci-
pline, but in any such case the following conditions shall be observed:
  S  2. Subdivision 6 of section 137 of the correction law is amended by
adding a new paragraph (g) to read as follows:
  (G) ANY INMATE UNDER THE AGE OF TWENTY-ONE WHO IS IN SEGREGATED DISCI-
PLINARY CONFINEMENT MUST BE OFFERED AT LEAST FOUR HOURS A DAY OF  STRUC-
TURED  OUT-OF-CELL  PROGRAMMING,  IN  ADDITION  TO  EXERCISE, AND MAY BE
PROVIDED WITH ADDITIONAL OUT-OF-CELL ACTIVITIES FOR GOOD  BEHAVIOR.  THE
INMATE'S  EDUCATION,  MENTAL  HEALTH AND OTHER PROGRAMMING NEEDS MUST BE
ADDRESSED DURING ANY SUCH  PERIOD  OF  SEGREGATED  CONFINEMENT  AND  THE
INMATE MUST BE GIVEN SIGNIFICANT DAILY OPPORTUNITY TO ENGAGE IN PHYSICAL
ACTIVITY.  NO SUCH INMATE SHALL BE KEPT IN PUNITIVE ISOLATION, BE DENIED
TELEPHONE CALLS OR VISITS OR BE PLACED ON A RESTRICTIVE DIET AS A  SANC-
TION  FOR MISBEHAVIOR. SUCH INMATES MAY NOT BE HOUSED IN A SPECIAL HOUS-
ING UNIT FOR ADULTS UNLESS THERE  ARE  EXCEPTIONAL  CIRCUMSTANCES  WHICH
WOULD  CREATE  AN  UNACCEPTABLE RISK TO THE SAFETY AND SECURITY OF OTHER
INMATES OR STAFF. IN SUCH EXCEPTIONAL CIRCUMSTANCES  THE  INMATE'S  CASE
SHALL  BE IMMEDIATELY REFERRED TO THE COMMISSIONER FOR REVIEW AND RESOL-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14410-03-4
              

A. 9286--A                          2

UTION. ANY SUCH PLACEMENT IN AN ADULT SPECIAL  HOUSING  UNIT  SHALL  NOT
EXCEED FIFTEEN DAYS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.