S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3495--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 segregated confine-
   ment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 of
 an inmate in a special housing unit or in a  separate  keeplock  housing
 unit.    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.
   §  2.  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
 and two new paragraphs (g) and (h) are added to read as follows:
   Except  as  provided in paragraphs (d) [and], (e), (G) AND (H) of this
 subdivision, AS A MEASURE OF LAST RESORT, the superintendent of a  STATE
 correctional  facility,  UNDER  SUPERVISION  OF THE COMMISSIONER, OR THE
 SHERIFF OF A LOCAL 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 MINIMAL period
 as may be necessary for maintenance of order or discipline, but  in  any
 such case the following conditions shall be observed:
   (G) SEGREGATED CONFINEMENT IS PROHIBITED FOR THE FOLLOWING INMATES:
   (I) JUVENILES UNDER THE AGE OF TWENTY-ONE;
   (II) ANY PERSON WITH A MENTAL ILLNESS OR A DEVELOPMENTAL DISABILITY AS
 DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04926-04-7

 S. 3495--A                          2
 
   (III) ANY PERSON WHO HAS A PERMANENT PHYSICAL DISABILITY DOCUMENTED IN
 HIS  OR  HER MEDICAL RECORDS THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR
 LIFE ACTIVITIES. FOR THE  PURPOSES  OF  THIS  SUBDIVISION,  "MAJOR  LIFE
 ACTIVITIES"  MEANS FUNCTIONS SUCH AS WALKING, SEEING, HEARING AND SPEAK-
 ING.
   (H) THE COMMISSIONER SHALL COMPILE AND PUBLISH COMPREHENSIVE DISAGGRE-
 GATED  DATA  ON  THE  USE  OF  SEGREGATED CONFINEMENT, INCLUDING RELATED
 SUICIDE ATTEMPTS AND SELF-HARM, ON A QUARTERLY BASIS.
   § 3. Subdivision 3 of section 138 of the correction law, as  added  by
 chapter 231 of the laws of 1975, is amended to read as follows:
   3.  Facility  rules  shall  be specific and precise giving all inmates
 actual notice of the conduct prohibited. Facility rules shall state  the
 range  of  disciplinary  sanctions which can be imposed for violation of
 each rule BUT ANY SANCTION OF SEGREGATED CONFINEMENT SHALL  BE  FOR  THE
 MINIMUM PERIOD NECESSARY FOR THE MAINTENANCE OF ORDER OR DISCIPLINE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.