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

                                 6466--A

                            I N  S E N A T E

                            January 28, 2014
                               ___________

Introduced  by  Sens.  PERKINS,  HASSELL-THOMPSON,  HOYLMAN, MONTGOMERY,
  SAMPSON -- read twice and ordered printed,  and  when  printed  to  be
  committed  to  the Committee on Crime Victims, Crime and 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-

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

                                                           LBD13381-04-4

S. 6466--A                          2

TY-TWO  OF THE EXECUTIVE LAW, INCLUDING BUT NOT LIMITED TO, FOR PURPOSES
OF MENTAL IMPAIRMENT, PERSONS WITH A SERIOUS MENTAL ILLNESS  AS  DEFINED
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

S. 6466--A                          3

THEIR BASIC NEEDS MET IN A MANNER COMPARABLE TO GENERAL POPULATION,  AND
NEVER  HAVE  RESTRICTED  DIETS  NOR ANY ORDER RESTRICTING ANY BASIC NEED
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)

S. 6466--A                          4

OF  THIS  SUBDIVISION  WHILE  ON  THE  UNIT,  AND THAT HE OR SHE POSES A
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

S. 6466--A                          5

PERSON UNLESS THE DEPARTMENT REASONABLY DISAPPROVES OF SUCH PARALEGAL OR
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

S. 6466--A                          6

DECISION  BY  THE REHABILITATION REVIEW COMMITTEE TO REFUSE TO RELEASE A
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;

S. 6466--A                          7

(D)  HEARINGS  AND PROCEDURES; (E) CONDITIONS, PROGRAMS, SERVICES, CARE,
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.