S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5272
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ROZIC, BLAKE, DE LA ROSA, MOSLEY, O'DONNELL,
   PERRY, WALKER, WEPRIN -- 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01122-01-9

 A. 5272                             2
 
 INMATES  OR  STAFF.  IN SUCH EXCEPTIONAL CIRCUMSTANCES THE INMATE'S CASE
 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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.