BILL NUMBER: S8028A

SPONSOR: GALLIVAN
 
TITLE OF BILL:  An act to amend the correction law, in relation to the
prohibition of double-bunked housing in correctional facilities

 
PURPOSE OF THE BILL:

This bill prevents the double bunking of inmates in a dormitory setting
within State correctional facilities.

 
SUMMARY OF PROVISIONS:

Section 1 establishes a new section within the correction law prohibit-
ing the double bunking of inmates in a dormitory setting.

Section 2 establishes the effective date.

 
JUSTIFICATION:

              

Regulations, promulgated by the Department of Corrections and Community
Supervision in the late 1980's authorized the double bunking of inmates
to address the expanding prison population of that period. In doing so,
the department increased the number of inmates housed in a medium secure
dormitory, typically designed to accommodate up to 50 inmates, to
between 60 and 90 inmates.

This increase in the number of inmates' presents a very significant
challenge regarding the ability to provide for the safety and security
of both inmates and correction officers. Such was the concern of the
State Commission on Correction, which in a separate rule making permit-
ting double celling opined that "the practice of double bunking poses a
number of security risks not necessarily associated with the practice of
double celling. By design, medium security correctional facilities allow
for much greater mobility of the inmate population than maximum security
correctional facilities. An inmate disturbance in a medium security
correctional facility, where there is a concentration of a large number
of inmates, thus could be more difficult to contain than at a maximum-
security facility. Since maximum security correctional facilities are
specifically designed to provide for the isolation of various areas
within the prison, an inmate disturbance would be easier to bring under
control." NYS Register, September 27, 1995, p.2.

Ensuring the safety and security of both inmates and correction officers
within our correctional facilities is the underpinning that enables all
other programming and rehabilitation to be successful.  Preventing the
double bunking of inmates housed in these dorm style settings will
contribute to that most important of principles.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Yet to be determined.

 
EFFECTIVE DATE:
The bill would take effect on the 90th day after it shall have become a
law.