S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2518
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law, in relation to establishing  minimum
   rules for the treatment of incarcerated people
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The correction law is amended by adding a new  section  123
 to read as follows:
   §  123.  MINIMUM  RULES  FOR  THE TREATMENT OF INCARCERATED PEOPLE. 1.
 SUBJECT TO CONSTITUTIONAL AND FEDERAL LAW BUT NOTWITHSTANDING ANY  OTHER
 SECTION OF LAW, THE UNITED NATIONS STANDARD MINIMUM RULES FOR THE TREAT-
 MENT  OF  PRISONERS,  ALSO KNOWN AS THE NELSON MANDELA RULES, ARE HEREBY
 INCORPORATED BY REFERENCE INTO THIS CHAPTER, INCLUDING, BUT NOT  LIMITED
 TO:
   (A)  A  PROHIBITION AGAINST PROLONGED CONFINEMENT OF MORE THAN FIFTEEN
 DAYS IN SEGREGATED CONFINEMENT, ADMINISTRATIVE SEGREGATION OR ANY  OTHER
 FORM OF SOLITARY CONFINEMENT OR SOCIAL ISOLATION;
   (B)  COMMUNITY  STANDARDS  FOR MEDICAL AND DENTAL CARE, AND A DUTY FOR
 MEDICAL PROFESSIONALS TO REPORT WHEN THEY NOTICE MISTREATMENT  OR  ABUSE
 OF AN INCARCERATED PERSON;
   (C)  THE  RIGHT OF INCARCERATED PEOPLE TO MAKE CONFIDENTIAL COMPLAINTS
 TO SUPERINTENDENTS AND CENTRAL OFFICE STAFF WITHOUT FEAR OF  RETALIATION
 OR INTIMIDATION;
   (D) THE RIGHT TO BE PLACED WHENEVER FEASIBLE IN A CORRECTIONAL FACILI-
 TY  CLOSE TO A PERSON'S HOME OR TO THE COMMUNITY WHERE HE OR SHE EXPECTS
 TO BE RELEASED;
   (E) THE RIGHT TO IN-PERSON VISITS CONTINGENT UPON THE VISITOR'S AGREE-
 MENT TO BE SEARCHED IF NECESSARY FOR SECURITY PURPOSES;
   (F) THE RIGHT TO EFFECTIVE LEGAL AID;
   (G) ADEQUATE AND ON-GOING TRAINING FOR STAFF;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00752-01-1
              

 A. 2518                             2
 
   (H) OVERSIGHT BY AN INDEPENDENT AGENCY WITH RIGHT OF  ENTRY  INTO  ANY
 CORRECTIONAL INSTITUTION AT ANY TIME, FULL ACCESS TO ALL RECORDS AND THE
 ABILITY TO INTERVIEW BOTH STAFF AND INCARCERATED PEOPLE AT WILL;
   (I)  THE  RIGHT TO VOCATIONAL, EDUCATIONAL AND REHABILITATIVE PROGRAMS
 AS WELL AS RE-ENTRY PROGRAMS AND SERVICES;
   (J) THE RIGHT TO INDIVIDUALIZED PROGRAMS OF TREATMENT, INCLUDING INDI-
 VIDUAL MENTAL HEALTH THERAPY AND COUNSELING, BASED  ON  AN  INDIVIDUAL'S
 NEEDS, CAPACITY AND DISPOSITION;
   (K) EQUITABLE REMUNERATION FOR WORK AND PROGRAM ASSIGNMENTS; AND
   (L)  PROTECTION FROM CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISH-
 MENT BY CORRECTIONAL STAFF.
   2. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS IN ACCORDANCE
 WITH THIS SECTION.
   § 2. This act shall take effect one year after it shall have become  a
 law.