S T A T E   O F   N E W   Y O R K
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                                  4401

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A. AUBRY, PERRY, ARROYO, BARRETT, STECK, RIVERA,
  GOTTFRIED, WRIGHT, COOK, JAFFEE, DAVILA, LUPARDO, SEPULVEDA,  SCARBOR-
  OUGH,  MOSLEY, ORTIZ, ROBERTS, PEOPLES-STOKES -- Multi-Sponsored by --
  M. of A. BRENNAN, CLARK, FARRELL -- read  once  and  referred  to  the
  Committee on Correction

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06950-01-5
              

A. 4401                             2

  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
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.

A. 4401                             3

  (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
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

A. 4401                             4

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
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-

A. 4401                             5

MUM  COMPLY  WITH THE STANDARDS OF ALL DEPARTMENT RULES FOR DISCIPLINARY
HEARINGS AS OF JANUARY FIRST, TWO THOUSAND SIXTEEN. PERSONS AT ALL HEAR-
INGS 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 INCARCERATED
PERSON BASED UPON OBJECTIVE WRITTEN CRITERIA DEVELOPED BY THE DEPARTMENT
CONCERNING QUALIFICATIONS TO BE AN ASSISTANT AT A HEARING.
  (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-

A. 4401                             6

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
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

A. 4401                             7

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,
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.