NY State Senate Bill 2017-S3824

Senate Bill S3824

2017-2018 Legislative Session

Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2017	recommit, enacting clause stricken
Jan 27, 2017	referred to crime victims, crime and correction

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2017-S3824 (ACTIVE) - Details

See Assembly Version of this Bill:: A3080
Law Section:: Correction Law
Laws Affected:: Amd §§137, 2, 401-a & 45, Cor L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6466, A8588
2015-2016: S2659, A4401
2019-2020: S1623, A2500
2021-2022: S1757, S2836, A2277

2017-S3824 (ACTIVE) - Summary

Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options; limits the length of time a person may be in segregated confinement and excludes certain persons from being placed in segregated confinement.

2017-S3824 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3824

 TITLE OF BILL :

An act to amend the correction law, in relation to restricting the use
of segregated confinement and creating alternative therapeutic and
rehabilitative confinement options

 PURPOSE :

This bill will be known as the "Humane Alternatives to Long-Term
Solitary Confinement" Act (the HALT Solitary Confinement Act.) This
bill would limit the time an inmate can spend in segregated
confinement, end the segregated confinement of vulnerable people,
restrict the criteria that can result in such confinement, improve
conditions of confinement, and create more humane and effective
alternatives to such confinement.

 SUMMARY OF PROVISIONS :

Section 1 states the purpose of the bill.

Section 2 clarifies that the bill's provisions apply to all types and
locations of segregated confinement.

Section 3 defines "special populations"; "emergency", "short-term" and

"extended segregated confinement"; and "residential rehabilitation
units".

Section 4g prohibits segregation of vulnerable groups ("special
populations"), including young and elderly people, people with
physical or mental disabilities, pregnant women, new mothers, and
members of the LGBTI community.

Section 4h places a limit of 15 consecutive days and a limit of 20
total days in a 60 day period on the amount of time any person can
spend in segregated confinement, and requires that beyond those limits
all persons must be released or sent to a separate secure residential
rehabilitation unit (RRU).

Section 4ii enhances conditions in segregated confinement, including
additional out-of-cell time, congregate recreation, access to
essential services, and bans on orders depriving basic necessities,
including restricted diets. It also provides for new RRUs as a more
humane and effective alternative that provide meaningful - human
contact and therapeutic, trauma-informed, and rehabilitative programs
aimed at addressing underlying causes of behavior.

Section 4j restricts the criteria for segregated confinement beyond
three days or RRUs to more serious acts of physical injury, forced
sexual acts, extortion, coercion, inciting serious disturbance,
procuring deadly weapons or dangerous contraband, or escape. It allows
for segregated confinement of three days for department rule
violations, and 24-hour emergency confinement if necessary. It
prohibits segregated confinement for purposes of protective custody
and requires that any protective custody unit at a minimum meet the
standards for RRUs.

Section 4k enhances procedural protections for placement in segregated
confinement including allowing for representation, and assessments for
determining whether someone is a member of a "special population"
prior to segregation.

Section 4l creates mechanisms for periodic review and release from an
RRU based on a resident's progress and acts, expiration of a

disciplinary sentence, expiration of a one-year limit, or independent
outside review after one year in an RRU.

Section 4m requires training for RRU staff and hearing officers and

Section 4n requires public reporting on the use of segregation and
RRUs.

Sections 5 and 6 require oversight over implementation of the bill.

 JUSTIFICATION :

This bill aims to make New York's prison and jail practices more
humane and effective. The bill limits the length of time anyone can
spend in segregated confinement, restricts the criteria that can
result in such confinement, provides additional procedural protections
prior to such confinement, and exempts certain vulnerable groups. The
bill also provides an alternative mechanism for working with people
who engage in serious violence or other problematic behavior that
involves - not deprivation - but therapeutic and rehabilitative
support and programs.

Segregated confinement is inhumane and ineffective. Studies have long
and consistently found that subjecting people to segregated
confinement for twenty-two to twenty-four hours a day without
meaningful human contact, programming, or therapy often causes deep
and permanent psychological, physical, developmental, and social harm.
This harm not only violates common values of decency, but also is
counterproductive because people often have more difficulty complying
with prison rules after being placed in segregated confinement.
Segregated confinement can be particularly devastating for certain
vulnerable people, such as young or elderly people, pregnant women,
and people with disabilities or addiction or trauma histories; and
segregated members of the LGBTI community are more vulnerable to
abuse. Other states have dramatically reduced the number of people in
segregated confinement, and seen positive benefits in terms of safety
and decreased violence.

Despite the tremendous harm caused by massive isolation of thousands
of incarcerated persons, New York prisons and jails currently impose
segregated confinement too broadly, routinely, and for too long a
period of time. On any given day, there are nearly 4,000 people,
disproportionately people of color, in state prisons in Special
Housing Units (SHU) and thousands more in other forms of isolation.
There are also around a thousand more people in segregated confinement
in jails in New York City alone. Despite claims that segregated
confinement is used in response to the most violent behavior, five out
of six disciplinary infractions that result in SHU time in New York
prisons are for non-violent conduct. Moreover, people routinely suffer
in segregated confinement for months, years, and even decades in New
York.

A growing chorus of individuals, organizations, and policy-makers has
called for a dramatic transformation and curtailment of the use of
segregated confinement. The United Nations Special Rapporteur on
Torture concluded that solitary confinement can amount to torture and
recommended abolishing its use beyond 15 days and prohibiting any use
of solitary for vulnerable groups or purposes of punishment. The New
York Civil Liberties Union and others have issued reports documenting
the arbitrary and unjustified use of segregated confinement in New
York and the negative impacts its use has on incarcerated persons,
staff, and safety in our prisons and communities. The New York State
Bar Association has called upon the state and city corrections
departments to profoundly restrict the use of segregated confinement,
end segregated confinement beyond 15 days, adopt stringent criteria
for any separation, and ensure any separation is for the briefest
period and in the least restrictive conditions practicable. This bill
takes up the growing call to limit segregated confinement and provide
more humane and effective alternatives.

 LEGISLATIVE HISTORY :

01/28/14 S.6466--REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
04/23/14 AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
04/23/14 PRINT NUMBER 6466A
01/27/15 S.2659--REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
01/06/16 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

 FISCAL IMPLICATIONS :

To be determined.

 LOCAL FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act will take effect immediately.

2017-S3824 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3824
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by Sens. PERKINS, BRESLIN, COMRIE, DILAN, HAMILTON, HOYLMAN,
   KRUEGER, MONTGOMERY, PARKER, PERALTA, PERSAUD, RIVERA, SANDERS, SERRA-
   NO, SQUADRON -- read twice and ordered printed, and when printed to be
   committed to the Committee on Crime Victims, Crime and 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.
   § 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 sepa-
 rate keeplock housing unit OR ANY FORM OF KEEPLOCK, OR CELL  CONFINEMENT
 FOR  MORE THAN SEVENTEEN HOURS A DAY OTHER THAN IN A FACILITY-WIDE LOCK-
 DOWN.  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.
   § 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.
                                                            LBD08286-01-7

 S. 3824                             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.
   § 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.

 S. 3824                             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

 S. 3824                             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-

 S. 3824                             5
 
 MUM  COMPLY  WITH THE STANDARDS OF ALL DEPARTMENT RULES FOR DISCIPLINARY
 HEARINGS AS OF JANUARY FIRST, TWO  THOUSAND  EIGHTEEN.  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
 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

 S. 3824                             6
 
 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
 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.
   §  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

 S. 3824                             7
 
 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;
 (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.
   § 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.
   § 7. This act shall take effect immediately.

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