S T A T E   O F   N E W   Y O R K
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                                  2467

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced by M. of A. O'DONNELL, PERRY -- read once and referred to the
  Committee on Correction

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04809-01-5
              

A. 2467                             2

SHALL BE IMMEDIATELY REFERRED TO THE COMMISSIONER FOR REVIEW AND  RESOL-
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.