S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8364
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced by M. of A. FORREST, BURDICK, GALLAGHER, MAMDANI, SHRESTHA --
   read once and referred to the Committee on Correction
 
 AN  ACT to amend the correction law, in relation to the rights of people
   in prisons, jails, and forensic facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "rights behind bars; protecting the rights  of  people  in  prisons,
 jails,  and forensic facilities, and their loved ones, in New York state
 act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares:
   A. Incarcerated individuals, their families, and loved ones have human
 rights.  The legislature finds that New York's prisons and jails system-
 atically fail to recognize and protect the human rights of  incarcerated
 individuals,  their  families, and their loved ones. While some of these
 rights are protected by the law and constitution of New York State,  and
 the  law  and  constitution  of the United States, it is well-documented
 that the rights protected under existing law are often not recognized in
 practice and that there are gaps in existing law.   The intent  of  this
 act  is  to:  (i) make clear some of the rights that already exist under
 New York law but are not being consistently followed, (ii) close some of
 the gaps in existing law, and (iii) enshrine into  New  York  State  law
 some  of  the well-established principles and obligations under interna-
 tional human rights law.
   B. Numerous recent studies, reports, and court  decisions  have  docu-
 mented  systemic,  widespread, and persistent human rights violations in
 New York's correctional facilities. These include: NYS Inspector General
 Lucy Lang, RACIAL DISPARITIES IN THE ADMINISTRATION OF DISCIPLINE IN NEW
 YORK STATE PRISONS, November 2022; Neff, Santo, and Meagher, HOW A 'BLUE
 WALL' INSIDE NEW YORK STATE PRISONS PROTECTS ABUSIVE GUARDS,  The  Mars-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13213-04-3
              

 A. 8364                             2
 
 hall  Project  in  partnership  with the New York Times, May 2023; Neff,
 Santo, and Meagher, IN NEW YORK PRISONS GUARDS WHO  BRUTALIZE  PRISONERS
 RARELY  GET FIRED, The Marshall Project in partnership with the New York
 Times,  May  2023;  Law,  V., THE WORST PRISON IN NEW YORK STATE, Prison
 Legal News, March 2022; Gelardi and Brown, STATE PRISONS  ARE  ROUTINELY
 VIOLATING  NEW YORK'S LANDMARK SOLITARY CONFINEMENT LAW, New York Focus,
 September 2022; Bryant, 19 PEOPLE HAVE DIED FROM NYC JAILS IN 2022,  The
 Vera  Project, December 2022; Weill-Greenberg, DISABLED AND ABANDONED IN
 NEW YORK STATE PRISONS, The Nation, October 2021; Marcius,  HUNDREDS  OF
 WOMEN SET TO SUE NEW YORK OVER ALLEGATIONS OF PRISON SEX ABUSE, New York
 Times,  November 2022; Monitor's Reports in NUNEZ, ET AL. V. NYC DEPART-
 MENT OF CORRECTION, ET AL., 11-cv-05845 (LTS) (SDNY)  (multiple  reports
 issued  by  Court-appointed Monitor as part of the settlement of a class
 action lawsuit relating to conditions in NYC  jails  on  Rikers  Island,
 starting in 2016 and continuing to the present); and Post-Visit Briefing
 Reports  issued periodically by the Correctional Association of New York
 ("CANY") pursuant to their statutory  authority  to  conduct  monitoring
 visits  in  NYS  prisons  (Nine Post-Visit Briefings were issued by CANY
 from June 2021 through December 2022. Among  the  findings  during  this
 period  were  that  45% of incarcerated individuals interviewed reported
 witnessing or experiencing verbal, physical, or sexual abuse  by  prison
 staff,  and  36% reported witnessing or experiencing racialized abuse by
 prison staff.).
   C. Some of the human rights of incarcerated individuals  in  New  York
 State  are  protected  by provisions in the New York State Constitution,
 including, Article I, sections 5 (prohibiting cruel and unusual  punish-
 ment),  6 (right to due process), 8 (right to speak freely), 11 (guaran-
 teeing equal protection of the laws), and 12  (prohibiting  unreasonable
 searches  and  seizures);  the United States Constitution, including the
 1st Amendment (free speech), 4th Amendment (prohibition of  unreasonable
 searches  and seizures), 8th Amendment (prohibition of cruel and unusual
 punishments), and 14th Amendment (guaranteeing equal protection  of  the
 law  and due process of law).  However, these provisions and laws do not
 go far enough to protect the rights of people incarcerated in New  York.
 The  intent  of  this  act, in part, is to incorporate into New York law
 additional human rights protections for incarcerated people as enshrined
 in key documents included in the body of international human rights law,
 including, the United Nations Declaration of Human  Rights,  recognizing
 basic  human  rights  applicable to all people, including, in Article 5,
 the right not to be subjected  to  torture  or  to  cruel,  inhuman,  or
 degrading  treatment  or punishment; the International Covenant of Civil
 and Political Rights, including Article 7 (No one shall be subjected  to
 torture  or to cruel, inhuman or degrading treatment or punishment), and
 Article 10 (All persons deprived of their liberty shall be treated  with
 humanity and with respect for the inherent dignity of the human person);
 the  Basic  Principles  for the Treatment of Prisoners (General Assembly
 Resolution 45/111); the Convention  Against  Torture  and  Other  Cruel,
 Inhuman, or Degrading Treatment or Punishment; the United Nations Stand-
 ard  Minimum  Rules  for  the Treatment of Prisoners (the Nelson Mandela
 Rules); and other applicable and  binding  principles  of  international
 human rights law.
   D.  The  fundamental approach of international human rights law to the
 treatment of people in prison is expressed in  Rule  3  of  the  Mandela
 Rules,  which  recognizes  that  "imprisonment  and  other measures that
 result in cutting off persons from the outside world are  afflictive  by
 the  very fact of taking from these persons the right of self-determina-
 A. 8364                             3
 
 tion by depriving them of their liberty.  Therefore  the  prison  system
 shall not, except as incidental to justifiable separation or the mainte-
 nance  of  discipline,  aggravate the suffering inherent in such a situ-
 ation."  In  turn,  Rule  4  requires that incarceration must be used to
 "ensure the reintegration of such persons into society upon  release  so
 that  they  can  lead a law-abiding and self-supporting life" and Rule 5
 thus requires prisons and jails to  "minimize  any  differences  between
 prison  life  and life at liberty that tend to lessen the responsibility
 of the {incarcerated people} or the respect  due  to  their  dignity  as
 human beings."
   To  effectuate  these  rights,  the Mandela Rules require, among other
 protections, that incarcerated people be allowed  regular  communication
 with  their  family  and  friends,  including through visits and through
 writing, telecommunication, electronic means, and  digital  means  (Rule
 58.1),  that people in prison have a right to "food of nutritional value
 adequate for health and strength, of wholesome quality and well prepared
 and served", and that any use of force against an incarcerated  individ-
 ual  be "no more than is strictly necessary" (Rule 82). They also estab-
 lish basic rights  related  to  access  to  programming  and  treatment,
 connections  to  community  entities,  and  restrictions  on  the use of
 restraints.
   E. In keeping with these legislative findings, this act aims to clear-
 ly recognize  and  establish  the  broad  human  rights  framework  that
 protects  all  incarcerated  individuals  in  New  York  State. This act
 specifically addresses certain issues that have arisen in New York pris-
 ons and jails in recent years.   That has included:  violations  of  the
 HALT  Solitary  Confinement  Law;  restrictions on packages, visits, and
 mail; staff abuse and brutality; and denials of other basic rights.
   In regard to some of these issues, the law is already clear,  but  New
 York's prisons and jails are not consistently following it. For example,
 despite  clarity  concerning  who  qualifies  as disabled under the HALT
 Solitary Confinement Law, and who, therefore, cannot be placed in segre-
 gated confinement, the  NYS  Department  of  Corrections  and  Community
 Supervision  has  consistently placed people with disabilities in segre-
 gated confinement. The intent of the  amendments  to  paragraph  (c)  of
 subdivision  33  of section 2 of the correction law made by section five
 of this act is not to define disability, which is already  in  the  law,
 but rather to make clear via examples what is already required. Similar-
 ly,  while the correction law is already clear that people facing possi-
 ble placement in segregated confinement or facing Tier III tickets  must
 have access to meaningful representation, including by any lawyer or law
 student;  that  hearing officers must conduct individualized assessments
 of the fact to determine if the allegations meet the threshold  require-
 ments  for placement in segregated confinement or alternatives; and that
 people in alternative disciplinary units must have access to out-of-cell
 time in group settings, access to core programs available in the general
 population; and a presumption against the use of  restraints  unless  an
 individualized determination is made finding a significant and unreason-
 able risk, prisons and jails are not complying with these provisions and
 so this act reiterates and clarifies these requirements.
   This  act  is not intended as an all-inclusive compendium of the human
 rights protections afforded to people in jail or prison  under  interna-
 tional  law,  as  the  intent is to correct and clarify certain specific
 rights  within  the  overall  human  rights   framework.   Among   other
 protections,  this  act aims to ensure that people have a right to visit
 with their loved ones, to have regular communication  with  their  loved
 A. 8364                             4
 
 ones,  to receive care packages from their loved ones, to have access to
 healthy and nutritious food, to be free from staff brutality and retali-
 ation, to be free from the torture of  prolonged  solitary  confinement,
 and  to have access to real and meaningful out-of-cell group programming
 and engagement. Recognition of these basic human rights  will  alleviate
 suffering of incarcerated individuals, strengthen ties with families and
 communities, better prepare people for release, increase safety in pris-
 ons and jails and in outside communities, and unequivocally establish as
 the  policy  of  the  State  of  New York that brutality, racism, sexual
 abuse, harassment, and denials of access to family and loved  ones  have
 no place in New York's jails and prisons and will not be tolerated.
   §  3.  Section 2 of the correction law is amended by adding eleven new
 subdivisions 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45  to  read  as
 follows:
   35.  "CONTACT  VISIT" MEANS A VISIT BETWEEN AN INCARCERATED INDIVIDUAL
 AND ONE OR MORE VISITORS IN A VISITING ROOM OR EQUIVALENT SPACE IN WHICH
 THE INCARCERATED INDIVIDUAL AND THEIR VISITOR  ARE  IN  THE  SAME  UNOB-
 STRUCTED  SPACE  AS  EACH  OTHER  WITHOUT  PHYSICAL BARRIERS BETWEEN THE
 INCARCERATED INDIVIDUAL AND THEIR VISITOR OR VISITORS, THAT IS CONDUCIVE
 TO MEANINGFUL SOCIAL INTERACTION AND ACTIVITY, AND WITH THE  ABILITY  TO
 INTERACT  FREELY  WITH  THEIR  VISITOR, INCLUDING BUT NOT LIMITED TO THE
 ABILITY TO COMMUNICATE FREELY, HOLD HANDS, HUG, KISS, HAVE OTHER  APPRO-
 PRIATE  PHYSICAL  CONTACT,  PURCHASE  AND SHARE FOOD AND DRINKS FROM THE
 VENDING MACHINE, AND TAKE PHOTOGRAPHS TOGETHER.
   36. "VISITOR" MEANS ANY INDIVIDUAL WHO COMES TO VISIT A PERSON  INCAR-
 CERATED  IN  A  CORRECTIONAL FACILITY OR SECURE FACILITY, INCLUDING, BUT
 NOT LIMITED TO, A FAMILY MEMBER, FRIEND, ADVOCATE, OR LOVED ONE.
   37. "CELL" MEANS ANY ROOM, AREA OR SPACE THAT IS USED OR  IS  INTENDED
 TO  BE  USED  BY  AN INCARCERATED INDIVIDUAL FOR SLEEP, OR THAT IS NOT A
 SHARED SPACE CONDUCIVE TO MEANINGFUL CONGREGATE SOCIAL INTERACTION AMONG
 MANY PEOPLE IN A GROUP SETTING WHERE  AN  INDIVIDUAL  IS  HELD  FOR  ANY
 PURPOSE.
   38. "CELL CONFINEMENT" MEANS BEING IN A CELL.
   39.  "OUT-OF-CELL"  MEANS  BEING IN A SPACE OUTSIDE OF, AND IN AN AREA
 AWAY FROM, A CELL, IN A GROUP SETTING WITH OTHER PEOPLE ALL IN THE  SAME
 SHARED  SPACE WITHOUT PHYSICAL BARRIERS BETWEEN PEOPLE THAT IS CONDUCIVE
 TO MEANINGFUL AND CONGREGATE SOCIAL INTERACTION AND ACTIVITY.
   40. "CONGREGATE RECREATION" MEANS OUT-OF-CELL RECREATION  IN  A  GROUP
 SETTING  WITH OTHER PEOPLE ALL IN THE SAME SHARED SPACE THAT TAKES PLACE
 OUTSIDE, WEATHER PERMITTING, IN AN OPEN  YARD  WITHOUT  BEING  CAGED  OR
 COVERED,  AND WHEN WEATHER DOES NOT PERMIT OR WHEN AN INCARCERATED INDI-
 VIDUAL SO CHOOSES, IN A NON-CAGED GYMNASIUM OR EQUIVALENT.
   41. "CORE PROGRAMS" MEANS ANY AND ALL PROGRAMS THAT CAN BE ASSIGNED BY
 A  DEPARTMENT  PROGRAM  COMMITTEE,  ANY  AND  ALL  REQUIRED   DEPARTMENT
 PROGRAMS,  AND  ANY AND ALL PROGRAMS THAT ARE CONSIDERED FOR PURPOSES OF
 GOOD TIME, MERIT TIME, OTHER TIME ALLOWANCE, PAROLE  RELEASE,  OR  OTHER
 RELEASE  MECHANISMS. CORE PROGRAMS SHALL INCLUDE, BUT NOT BE LIMITED TO,
 ACADEMIC CLASSES, VOCATIONAL PROGRAMS,  TRANSITIONAL  SERVICES,  ALCOHOL
 AND  SUBSTANCE  ABUSE  TREATMENT,  AGGRESSION  REPLACEMENT TRAINING, SEX
 OFFENSE COUNSELING AND TREATMENT, AND ANY  OTHER  ASSIGNED  OR  REQUIRED
 PROGRAMS.
   42.  "REPRESENTED" MEANS AN INCARCERATED INDIVIDUAL HAVING AN ATTORNEY
 (LICENSED IN ANY JURISDICTION OF THE UNITED STATES),  LAW  STUDENT  WITH
 SUPERVISION BY ANY ATTORNEY REGARDLESS OF WHETHER THE ATTORNEY IS AFFIL-
 IATED  WITH  A  LAW  SCHOOL, PARALEGAL, OR OTHER INCARCERATED INDIVIDUAL
 PROVIDE REPRESENTATION AT ANY AND ALL STAGES OF A  HEARING  AND  APPEAL,
 A. 8364                             5
 
 INCLUDING  BUT  NOT LIMITED TO OPENING AND CLOSING STATEMENTS, PRESENTA-
 TION OF EVIDENCE, CALLING  AND  QUESTIONING  WITNESSES,  CROSS-EXAMINING
 WITNESSES,  READING OF THE DISPOSITION, SENTENCING, AND APPEAL, WITH THE
 CHOICE BY THE INCARCERATED INDIVIDUAL AND THEIR REPRESENTATIVE OF EITHER
 HAVING  THE  REPRESENTATIVE  PHYSICALLY PRESENT AT ANY AND ALL STAGES OF
 THE HEARING IN THE SAME ROOM AND/OR PARTICIPATING  THROUGH  VIDEOCONFER-
 ENCE.
   43.  "PERSONAL  PROPERTY"  MEANS  ANY  AND  ALL PROPERTY THAT HAS BEEN
 LAWFULLY IN THE POSSESSION OF AN INCARCERATED INDIVIDUAL, INCLUDING  BUT
 NOT  LIMITED  TO,  FOR THE PURPOSES OF STATE CORRECTIONAL FACILITIES ALL
 ITEMS LISTED IN DEPARTMENT DIRECTIVE FORTY-NINE HUNDRED THIRTEEN  AS  OF
 JUNE  FOURTEENTH,  TWO  THOUSAND  TWENTY-TWO  AND  FOR PURPOSES OF LOCAL
 CORRECTIONAL FACILITIES AND SECURE FACILITIES ALL ITEMS PERMITTED  UNDER
 APPLICABLE  RULES AND REGULATIONS TO EACH FACILITY AS OF OCTOBER TWENTI-
 ETH, TWO THOUSAND  TWENTY-THREE.  IF  A  PERSON  HAS  A  STATIC  TABLET,
 PERSONAL  PROPERTY INCLUDES A STATIC TABLET AND THE PERSON SHALL BE ABLE
 TO USE THAT TABLET, IN ADDITION TO ANY OTHER  TABLET,  FOR  PURPOSES  OF
 MAKING PHONE CALLS, EMAILS, AND OTHER USES. IF A PERSON IS AT A FACILITY
 THAT   ALLOWS   TELEVISIONS,  PERSONAL  PROPERTY  INCLUDES  TELEVISIONS.
 PERSONAL PROPERTY SHALL ALSO  INCLUDE  TYPEWRITERS,  ASSISTIVE  DEVICES,
 APPROVED  ELECTRONIC DEVICES, BOOKS-ON-TAPE PLAYERS, AND ANY OTHER PROP-
 ERTY  THAT  AN  INCARCERATED  INDIVIDUAL  HAS  LAWFULLY  HAD  IN   THEIR
 POSSESSION.
   44. "SECURE FACILITY" MEANS (A) ALL FORENSIC MENTAL HEALTH FACILITIES,
 INCLUDING THOSE THAT HOLD PEOPLE PURSUANT TO SECTION 330.20 OR 730.50 OF
 THE  CRIMINAL  PROCEDURE  LAW OR 14 NYCRR PART 57, AND INCLUDING BUT NOT
 LIMITED TO THE MID-HUDSON FORENSIC PSYCHIATRIC  CENTER,  KIRBY  FORENSIC
 PSYCHIATRIC  CENTER,  ROCHESTER  REGIONAL  FORENSIC  UNIT, AND NORTHEAST
 REGIONAL FORENSIC UNIT; (B) ALL SECURE TREATMENT FACILITIES, AS  DEFINED
 IN SUBDIVISION (O) OF SECTION 10.03 OF THE MENTAL HYGIENE LAW, INCLUDING
 BUT  NOT  LIMITED  TO  THE  CENTRAL  NEW YORK PSYCHIATRIC CENTER AND ST.
 LAWRENCE PSYCHIATRIC CENTER; AND (C) ALL SECURE MENTAL HEALTH FACILITIES
 HOLDING PEOPLE PURSUANT TO SECTION FOUR  HUNDRED  TWO  OR  FIVE  HUNDRED
 EIGHT OF THIS CHAPTER.
   45.  "INCARCERATED INDIVIDUAL" MEANS ANY PERSON CONFINED IN A STATE OR
 LOCAL CORRECTIONAL FACILITY OR SECURE FACILITY.
   § 4. Subdivision 23 of section 2 of the correction law is  amended  by
 adding three new paragraphs (a), (b) and (c) to read as follows:
   (A)  A  PERSON MAY ONLY BE PLACED IN CELL CONFINEMENT BEYOND SEVENTEEN
 HOURS A DAY FOR PURPOSES OF MEDICAL OR  MENTAL  HEALTH  TREATMENT  IF  A
 LICENSED  MEDICAL  PROFESSIONAL  DETERMINES  THAT  THE  CELL CONFINEMENT
 ITSELF IS MEDICALLY NECESSARY TO CARRY OUT THE MEDICAL OR MENTAL  HEALTH
 TREATMENT,  SUCH AS FOR PURPOSES OF SUICIDE WATCH, MEDICAL ISOLATION, OR
 MEDICAL QUARANTINE. SUCH DETERMINATION SHALL BE  DOCUMENTED  IN  WRITING
 AND  SHALL  BE  REVIEWED  AND REAUTHORIZED BY A LICENSED MEDICAL PROFES-
 SIONAL AT LEAST ONCE EVERY FORTY-EIGHT HOURS.
   (B) A PERSON MAY ONLY BE HELD IN SUCH CONFINEMENT  PURSUANT  TO  PARA-
 GRAPH  (A) OF THIS SUBDIVISION FOR AS LIMITED A TIME AS MEDICALLY NECES-
 SARY, AS EXCLUSIVELY DETERMINED BY MEDICAL OR MENTAL HEALTH  STAFF,  AND
 IN  THE  LEAST RESTRICTIVE ENVIRONMENT THAT IS MEDICALLY APPROPRIATE, AS
 DETERMINED EXCLUSIVELY BY MEDICAL OR MENTAL HEALTH STAFF.
   (C) CELL CONFINEMENT PURSUANT TO PARAGRAPH  (A)  OF  THIS  SUBDIVISION
 SHALL  BE  IN AN APPROPRIATE SPACE CONDUCIVE TO MEDICAL OR MENTAL HEALTH
 TREATMENT. WHILE IN SUCH CONFINEMENT A PERSON SHALL AT LEAST HAVE ACCESS
 TO: (I) A TABLET PURSUANT TO PARAGRAPH (T) OF SUBDIVISION SIX OF SECTION
 ONE HUNDRED THIRTY-SEVEN OF  THIS  CHAPTER  UNLESS  A  LICENSED  MEDICAL
 A. 8364                             6
 
 PROFESSIONAL  DETERMINES THAT ACCESS TO A TABLET WOULD BE HARMFUL TO THE
 PERSON BASED ON MEDICAL OR MENTAL HEALTH-RELATED REASONS;  (II)  HIS  OR
 HER  FULL  COMPLEMENT OF PROPERTY UNLESS A LICENSED MEDICAL PROFESSIONAL
 DETERMINES THAT ACCESS TO A PARTICULAR ITEM IS INAPPROPRIATE FOR MEDICAL
 OR  MENTAL  HEALTH-RELATED  REASONS; AND   (III) CORE PROGRAMS AND OTHER
 PROGRAMMING AND ENGAGEMENT  AVAILABLE  TO  PEOPLE  INCARCERATED  IN  THE
 GENERAL  POPULATION BUT DONE IN A MANNER CONSISTENT WITH THE MEDICAL AND
 MENTAL HEALTH TREATMENT BEING RECEIVED, SUCH AS AT A  PHYSICAL  DISTANCE
 DETERMINED APPROPRIATE BY MEDICAL OR MENTAL HEALTH STAFF.
   §  5.  Subdivision  33 of section 2 of the correction law, as added by
 chapter 93 of the laws of 2021, is amended to read as follows:
   33. "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 paragraph (a) of subdivision twenty-one of  section
 two  hundred  ninety-two of the executive law, INCLUDING BUT NOT LIMITED
 TO: (I) ALL PEOPLE WITH ANY MENTAL HEALTH DIAGNOSIS; (II) ALL PEOPLE  ON
 THE  OFFICE  OF  MENTAL HEALTH CASELOAD CURRENTLY; (III) ALL PEOPLE WITH
 ANY INTELLECTUAL, DEVELOPMENTAL, OR COGNITIVE DIAGNOSIS; (IV) ALL PEOPLE
 WITH ANY PHYSICAL DISABILITY DIAGNOSIS OR MOBILITY IMPAIRMENT;  (V)  ALL
 PEOPLE WITH ANY SENSORIAL DISABILITY DIAGNOSIS; AND (VI) ALL PEOPLE WITH
 TRAUMATIC  BRAIN  INJURY  OR ORGANIC BRAIN SYNDROME; (D) WHO HAD BEEN ON
 THE OFFICE OF MENTAL HEALTH CASELOAD, OR HAD ANY MENTAL  HEALTH  DIAGNO-
 SIS,  WITHIN THE PREVIOUS YEAR; (E) WHO HAD A DIAGNOSIS OF INTELLECTUAL,
 DEVELOPMENTAL, COGNITIVE, PHYSICAL, OR SENSORIAL DISABILITY  WITHIN  THE
 PREVIOUS YEAR; or [(d)] (F) who is pregnant, in the first [eight] TWELVE
 weeks  of the post-partum recovery period after giving birth, EXPERIENC-
 ING A MISCARRIAGE, OR TERMINATING A PREGNANCY, OR  LONGER  IF  MEDICALLY
 NECESSARY,  or caring for a child in a correctional institution pursuant
 to [subdivisions] SUBDIVISION two or three of section six hundred eleven
 of this chapter.
   § 6. Subdivision 3 of section 137 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   3. Each incarcerated individual shall be entitled to  clothing  suited
 to  the  season  and  weather  conditions,  INCLUDING BUT NOT LIMITED TO
 APPROPRIATE WINTER WEATHER CLOTHING, MULTIPLE LAYERS  OF  CLOTHING,  AND
 THE  ABILITY  TO WEAR PERSONAL CLOTHING UNDER STATE ISSUED CLOTHING WHEN
 GOING TO PROGRAMS, RECREATION,  VISITS,  FACILITY  MEDICAL,  OR  MEDICAL
 TRIPS  WHEN  THE  TEMPERATURE  IS  FORTY-FIVE DEGREES OR BELOW, and to a
 sufficient quantity of QUALITY, wholesome and nutritious food, INCLUDING
 A FULL RANGE AND VARIETY OF FRESH FRUITS AND VEGETABLES, CONSISTENT WITH
 NUTRITIONAL  GUIDELINE  REQUIREMENTS  DEVELOPED  BY  THE  DEPARTMENT  OF
 HEALTH. MEDICALLY NECESSARY DIETS, INCLUDING BUT NOT LIMITED TO DIABETIC
 AND HEART HEALTH DIETS, AND RELIGIOUS DIETS, SHALL BE PROVIDED AND BE OF
 COMPARABLE QUALITY AND VARIETY AS GENERAL POPULATION MEALS.
   (A)  EACH INCARCERATED INDIVIDUAL SHALL BE AFFORDED SUFFICIENT TIME TO
 EAT THEIR MEALS, INCLUDING THAT ALL PEOPLE SHALL BE  PROVIDED  AT  LEAST
 TWENTY  MINUTES  AFTER RECEIVING THEIR FOOD TO EAT DURING MEAL TIMES AND
 THAT ANY PERSON WHO REQUIRES ADDITIONAL TIME DUE TO  AGE  OR  DISABILITY
 SHALL BE PROVIDED SUFFICIENT ADDITIONAL TIME. EACH INCARCERATED INDIVID-
 UAL  SHALL  BE  ALLOWED TO BRING LEFTOVER FOOD OUT OF THE MESS HALL IN A
 SMALL BOWL.   To the extent practicable, the  clothing  and  bedding  of
 incarcerated  individuals  shall be manufactured and laundered in insti-
 tutions in the department.
   (B) EACH INCARCERATED  INDIVIDUAL  WHO  USES  A  WHEELCHAIR  SHALL  BE
 PROVIDED AN ASSISTANT TO HELP PUSH THE WHEELCHAIR IF THE PERSON WHO USES
 THE WHEELCHAIR CHOOSES TO HAVE SUCH AN ASSISTANT.
 A. 8364                             7
 
   § 7. Subdivision 5 of section 137 of the correction law, as amended by
 chapter 322 of the laws of 2021,  is amended to read as follows:
   5. No incarcerated individual in the care or custody of the department
 shall  be  subjected  to degrading treatment[, and no]. NO officer [or],
 other employee of the department, OR  OTHER  GOVERNMENT  EMPLOYEE  shall
 [inflict any blows whatever] USE FORCE upon any incarcerated individual,
 [unless  in  self defense, or to suppress a revolt or insurrection. When
 any incarcerated individual, or group of incarcerated individuals, shall
 offer violence to any person, or do or attempt to do any injury to prop-
 erty, or attempt to escape, or resist or disobey any  lawful  direction,
 the  officers and employees shall use all suitable means to defend them-
 selves, to maintain order, to  enforce  observation  of  discipline,  to
 secure  the  persons of the offenders and to prevent any such attempt or
 escape] EXCEPT AS A LAST RESORT  AFTER  EXHAUSTING  DE-ESCALATION  TECH-
 NIQUES  AND  WHERE  THERE  ARE  NO  PRACTICAL  ALTERNATIVES AVAILABLE TO
 PREVENT: (I) IMMINENT PHYSICAL HARM TO OTHER  INCARCERATED  INDIVIDUALS,
 STAFF, VISITORS, OR OTHER PERSONS; (II) MAJOR PROPERTY DAMAGE THAT RAIS-
 ES  AN  IMMINENT SAFETY AND SECURITY RISK; OR (III) ESCAPE. WHEN THE USE
 OF FORCE IS AUTHORIZED, OFFICERS AND  EMPLOYEES  SHALL  ALWAYS  USE  THE
 MINIMUM  AMOUNT NECESSARY TO DEFEND THEMSELVES, TO SECURE THE PERSONS OF
 INCARCERATED INDIVIDUALS, TO PREVENT IMMINENT PHYSICAL HARM, TO  PREVENT
 MAJOR  PROPERTY DAMAGE THAT RAISES AN IMMINENT SAFETY AND SECURITY RISK,
 AND TO PREVENT AN ESCAPE.  ANY FORCE USED SHALL BE PROPORTIONAL  TO  THE
 THREAT ENCOUNTERED.  CONTRACTORS AND VOLUNTEERS ARE PROHIBITED FROM EVER
 USING FORCE.
   (A) ALL OFFICERS, DEPARTMENT EMPLOYEES, AND GOVERNMENT EMPLOYEES WORK-
 ING  OR  OPERATING  IN  A CORRECTIONAL FACILITY SHALL BE PROHIBITED FROM
 USING EXCESSIVE AND UNNECESSARY FORCE, FORCE AFTER CONTROL OF AN  INCAR-
 CERATED  INDIVIDUAL  HAS  BEEN  ESTABLISHED,  AND ALL HIGH IMPACT FORCE,
 INCLUDING BUT NOT LIMITED TO (I) STRIKES OR BLOWS  TO  THE  HEAD,  FACE,
 GROIN,  NECK,  KIDNEYS,  AND  SPINAL COLUMN, (II) KICKS, AND (III) CHOKE
 HOLDS, CAROTID RESTRAINT HOLDS, AND OTHER NECK RESTRAINTS EXCEPT WHERE A
 PERSON IS IN IMMINENT DANGER OF DEATH OR  EQUIVALENT  LEVEL  OF  SERIOUS
 BODILY INJURY AND WHERE LESSER MEANS ARE IMPRACTICAL OR INEFFECTIVE.
   (B)  NO OFFICER, OTHER EMPLOYEE OF THE DEPARTMENT, OR OTHER GOVERNMENT
 EMPLOYEE WORKING OR OPERATING IN A CORRECTIONAL FACILITY SHALL CARRY  OR
 USE A STEEL BATON. ANY USE OF OTHER BATONS, CHEMICAL SPRAY, OR ANY OTHER
 WEAPONS SHALL COMPLY WITH ALL PROVISIONS OF THIS SUBDIVISION.
   (C)  NO  OFFICER,  OTHER  EMPLOYEE  OF THE DEPARTMENT OR THE OFFICE OF
 MENTAL HEALTH, OR OTHER GOVERNMENT EMPLOYEE WORKING OR  OPERATING  IN  A
 CORRECTIONAL  FACILITY  OR  SECURE  FACILITY  SHALL CARRY OUT, NOR CAUSE
 OTHERS TO CARRY OUT, ANY FORM OF RETALIATION AGAINST ANY  PERSON  INCAR-
 CERATED  IN A CORRECTIONAL FACILITY OR CONFINED IN A SECURE FACILITY FOR
 REPORTING MISCONDUCT, REPORTING AN INCIDENT, RAISING A COMPLAINT, FILING
 A GRIEVANCE, FILING A LAWSUIT, TAKING OTHER LEGAL ACTION,  COMMUNICATING
 WITH  THE MEDIA, LAWMAKERS, THE CORRECTIONAL ASSOCIATION OF NEW YORK, AN
 ATTORNEY, AN ADVOCATE, ANY INVESTIGATIVE BODY OR  ANY  OTHER  PERSON  OR
 ENTITY,  OTHERWISE EXERCISING OR ASSERTING THE RIGHTS OF INCARCERATED OR
 CONFINED INDIVIDUALS OR  ASSERTING  RESPONSIBILITIES  OF  STAFF  OR  THE
 DEPARTMENT,  TAKING  ANY  OTHER  SIMILAR  ACTION,  OR SUPPORTING ANOTHER
 INCARCERATED OR CONFINED INDIVIDUAL IN TAKING ANY OF THE ACTIONS IN THIS
 PARAGRAPH.
   (D) NO OFFICER, OTHER EMPLOYEE OF THE DEPARTMENT OR THE DEPARTMENT  OF
 MENTAL  HEALTH,  OR  OTHER GOVERNMENT EMPLOYEE WORKING OR OPERATING IN A
 CORRECTIONAL FACILITY OR SECURE FACILITY SHALL PROVIDE ANY FALSE  INFOR-
 MATION  ON  A  MISBEHAVIOR REPORT, UNUSUAL INCIDENT REPORT, USE OF FORCE
 A. 8364                             8
 
 REPORT, OR ANY OTHER DOCUMENT, AND ALL OFFICERS, EMPLOYEES, AND  GOVERN-
 MENT EMPLOYEES WORKING OR OPERATING IN A CORRECTIONAL FACILITY OR SECURE
 FACILITY  SHALL HAVE A DUTY TO REPORT, AND PROVIDE ALL RELEVANT INFORMA-
 TION  REGARDING,  ANY  AND  ALL  OBSERVED MISCONDUCT BY ANOTHER OFFICER,
 EMPLOYEE, OR PERSON WORKING OR OPERATING IN A CORRECTIONAL  FACILITY  OR
 SECURE FACILITY.
   §  8. Subdivision 6 of section 137 of the correction law is amended by
 adding seven new paragraphs (p), (q), (r), (s), (t), (u) and (v) to read
 as follows:
   (P) (I) ALL PERSONS INCARCERATED IN A CORRECTIONAL FACILITY OR  SECURE
 FACILITY  SHALL  HAVE  THE  RIGHT TO IN-PERSON CONTACT VISITS WITH UP TO
 FOUR VISITORS AT A TIME, EVERY DAY OF THE WEEK FOR MANY HOURS  PER  DAY.
 VISITATION  SHALL  BE  ALLOWED AT ALL CORRECTIONAL FACILITIES AND SECURE
 FACILITIES, SEVEN DAYS A WEEK,  EVERY  DAY  OF  THE  YEAR.  THE  NUMBER,
 LENGTH,  AND  FREQUENCY OF VISITS BY EACH VISITOR MAY BE LIMITED ONLY AS
 NECESSARY TO ACCOMMODATE ALL VISITORS WHO ARRIVE DURING SCHEDULED VISIT-
 ING TIMES, AND ANY SUCH LIMITATIONS SHALL NEVER INFRINGE UPON THE  MINI-
 MUM  VISIT  REQUIREMENTS  IN  THIS  PARAGRAPH. MULTIPLE SETS OF VISITORS
 SHALL BE ALLOWED TO VISIT AN INCARCERATED INDIVIDUAL AT DIFFERENT  TIMES
 ON THE SAME DAY, AND A VISITOR SHALL BE ALLOWED TO VISIT MULTIPLE INCAR-
 CERATED  INDIVIDUALS  AT  DIFFERENT  TIMES ON THE SAME DAY. IF A VISITOR
 LEAVES THE CORRECTIONAL FACILITY, THEY SHALL HAVE THE ABILITY TO  RETURN
 TO  THE  FACILITY  THAT  DAY TO PARTICIPATE IN A VISIT, INCLUDING EITHER
 WITH THE SAME INCARCERATED INDIVIDUAL ORIGINALLY VISITED OR A  DIFFERENT
 INCARCERATED INDIVIDUAL.
   (II)  NEITHER  THE  DEPARTMENT  NOR  THE  OFFICE  OF MENTAL HEALTH MAY
 RESTRICT AN INCARCERATED INDIVIDUAL'S VISITS AS A  DISCIPLINARY  MEASURE
 OR  FOR ANY OTHER REASON, NOR MAY EITHER AGENCY DENY OR RESTRICT A VISI-
 TOR'S ABILITY TO VISIT SO LONG AS  THE  PERSON  VISITED  AGREES  TO  THE
 VISIT.
   (III)  EACH  CORRECTIONAL  FACILITY  AND SECURE FACILITY SHALL PROCESS
 VISITORS AND BRING DOWN PEOPLE IN SUCH FACILITIES TO A  VISIT  AS  EXPE-
 DITIOUSLY  AS  POSSIBLE,  INCLUDING ENSURING THAT THE VISITED PERSON AND
 THEIR VISITOR ARE ABLE TO BE TOGETHER STARTING WITHIN ONE  HOUR  OF  THE
 VISITOR  ARRIVING AT THE FACILITY, UNLESS THE VISITED PERSON VOLUNTARILY
 CHOOSES TO TAKE MORE TIME TO COME FOR THE VISIT.  ALL  VISITORS  WAITING
 FOR  A VISIT SHALL HAVE BASIC NEEDS MET WHILE WAITING, INCLUDING BUT NOT
 LIMITED TO BEING ABLE TO WAIT INSIDE, BEING ABLE TO COMFORTABLY SIT, AND
 HAVING ACCESS TO DRINKING WATER AND BATHROOM FACILITIES.
   (IV) NO DRUG DETECTING DOGS MAY BE USED INSIDE OF ANY  VISITING  ROOMS
 OR OTHER AREAS WHERE A VISITED PERSON IS MEETING WITH THEIR VISITOR.
   (V) VIDEOCONFERENCING MAY SUPPLEMENT, BUT SHALL NOT TAKE THE PLACE OF,
 IN-PERSON VISITS.
   (VI) EACH INCARCERATED INDIVIDUAL SHALL BE PROVIDED THE OPPORTUNITY TO
 TAKE A SHOWER BEFORE ANY VISIT.
   (Q)  ALL PERSONS IN A CORRECTIONAL FACILITY OR A SECURE FACILITY SHALL
 HAVE THE RIGHT TO RECEIVE PACKAGES FROM ANY PERSON THROUGH DIRECT  MAIL,
 DURING A VISIT TO A CORRECTIONAL FACILITY OR SECURE FACILITY, OR BY MAIL
 FROM  COMMERCIAL SOURCES. THE DEPARTMENT SHALL NOT REQUIRE THAT PACKAGES
 BE PURCHASED FROM OR DELIVERED BY A VENDOR, SHALL NOT REQUIRE THAT PACK-
 AGES THAT ARE PURCHASED OR DELIVERED FROM A VENDOR COME FROM  A  PARTIC-
 ULAR  VENDOR  OR VENDORS, AND SHALL NOT RESTRICT THE ABILITY OF A PERSON
 TO DIRECTLY SEND ITEMS TO AN INCARCERATED INDIVIDUAL THROUGH THE FACILI-
 TY PACKAGE ROOM OR DIRECTLY DELIVER ITEMS TO AN INCARCERATED  INDIVIDUAL
 THROUGH  THE  VISITING  PROCESS. THE DEPARTMENT SHALL PROVIDE FOR PROMPT
 DELIVERY TO INCARCERATED INDIVIDUALS OF ALL PACKAGES,  INCLUDING  PROMPT
 A. 8364                             9
 
 DELIVERY  OF  PERISHABLE FOOD ITEMS TO AVOID EXPIRATION OR SPOILAGE. ALL
 PACKAGES SHALL BE DELIVERED TO INCARCERATED  INDIVIDUALS  WITHIN  FORTY-
 EIGHT  HOURS  FROM  THE TIME THE PACKAGE ARRIVES AT THE FACILITY, EXCEPT
 THAT  ALL PACKAGES THAT ARE BROUGHT ON A VISIT SHALL BE DELIVERED TO THE
 INCARCERATED INDIVIDUAL ON THE SAME DAY AS THE VISIT.  IF ANY ITEM IN  A
 PACKAGE IS DISALLOWED, THE INCARCERATED INDIVIDUAL SHALL HAVE THE OPTION
 TO,  WITHIN  FOURTEEN  DAYS OF RECEIVING WRITTEN NOTICE THAT THE ITEM IS
 DISALLOWED, DONATE THE ITEM TO  THE  CHARITABLE  ORGANIZATION  OF  THEIR
 CHOOSING,  RETURN THE ITEM VIA THE VISITING ROOM, OR RETURN THE ITEM VIA
 MAIL AT THEIR OWN EXPENSE. ITEMS THAT MAY  BE  PART  OF  PACKAGES  SHALL
 INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING ITEMS, AND ANY RESTRICTIONS
 ON  THE  PARTICULAR  PACKAGING  OF ANY SUCH ITEMS MUST BE REASONABLY AND
 DIRECTLY RELATED TO A SIGNIFICANT SAFETY OR SECURITY CONCERN:
   (I) FOOD UTENSILS AND FOOD ITEMS, WITHOUT ANY LIMIT ON THE  NUMBER  OF
 POUNDS  OR  ITEMS, INCLUDING BUT NOT LIMITED TO FRESH FRUITS AND VEGETA-
 BLES, COFFEE AND BEVERAGES, DRIED COFFEE  CREAM,  BREAD,  POUCHED  FOOD,
 CANNED FOOD, CANDY, CHEESE, CONDIMENTS, MEATS, NUTS, OATMEAL AND CEREAL,
 PASTRIES,  RAISINS  AND  DRIED FRUIT, COOKED OR CURED OR SMOKED SEAFOOD,
 AND SNACKS;
   (II) PERSONAL COSMETICS AND PERSONAL HYGIENE PRODUCTS,  INCLUDING  BUT
 NOT LIMITED TO SOAP, SHAMPOO, DEODORANT, AND FEMININE HYGIENE ITEMS;
   (III) SEASONALLY APPROPRIATE INDOOR AND OUTDOOR CLOTHING AND FOOTWEAR;
   (IV)  LEGAL,  WRITING,  AND ART SUPPLIES, INCLUDING BUT NOT LIMITED TO
 STATIONERY, WRITING AND DRAWING IMPLEMENTS, AND TYPEWRITERS;
   (V) EDUCATIONAL SUPPLIES, INCLUDING  BUT  NOT  LIMITED  TO  NOTEBOOKS,
 RULERS, AND CALCULATORS APPROPRIATE FOR PRIMARY, SECONDARY AND POST-SEC-
 ONDARY EDUCATION;
   (VI) NEW AND USED BOOKS, MAGAZINES AND OTHER PUBLICATIONS;
   (VII) ITEMS FOR USE IN RECREATION AND PHYSICAL EXERCISE;
   (VIII)  ACCESSORIES  FOR TABLET COMPUTERS AND OTHER ELECTRONIC DEVICES
 PERMITTED IN FACILITIES;
   (IX) RELIGIOUS ARTICLES, INCLUDING BUT NOT LIMITED TO PRAYER RUGS  AND
 BOOKS, RELIGIOUS HEADGEAR, AND PENDANTS; AND
   (X) TOBACCO PRODUCTS.
   (R)  ALL  PERSONS  INCARCERATED  IN  A CORRECTIONAL FACILITY OR SECURE
 FACILITY, OTHER THAN THOSE IN SEGREGATED CONFINEMENT, SHALL HAVE  ACCESS
 TO AT LEAST FOURTEEN HOURS OF OUT-OF-CELL TIME PER DAY, INCLUDING ACCESS
 TO  AT LEAST SEVEN HOURS OF DAILY OUT-OF-CELL CONGREGATE PROGRAMMING AND
 ACTIVITIES AND ACCESS TO AT LEAST TWO HOURS OF CONGREGATE RECREATION.
   (S) ALL PERSONS INCARCERATED IN  A  CORRECTIONAL  FACILITY  OR  SECURE
 FACILITY SHALL HAVE THE RIGHT TO RECEIVE CORRESPONDENCE IN ITS ORIGINAL,
 AND  NOT PHOTOCOPIED, FORM, INCLUDING BUT NOT LIMITED TO LETTERS, CARDS,
 PHOTOGRAPHS, POSTCARDS, LEGAL MAIL, AND OTHER CORRESPONDENCE.
   (T) ALL PERSONS INCARCERATED IN  A  CORRECTIONAL  FACILITY  OR  SECURE
 FACILITY  SHALL  HAVE  ACCESS  TO  AN  INTERNET-CONNECTED  OR  SIMILARLY
 EQUIPPED TABLET OR OTHER DEVICE THAT  ALLOWS  FOR  FREE  PERSONAL  PHONE
 CALLS  AND  FREE  EMAILS,  AS  WELL  AS ACCESS TO LAW LIBRARY RESOURCES,
 PROGRAMMING, MUSIC,  GAMES,  VIDEOS,  MOVIES,  AND  OTHER  APPLICATIONS.
 INCARCERATED  INDIVIDUALS SHALL HAVE ACCESS TO FREE PERSONAL PHONE CALLS
 AND FREE EMAILS AT LEAST FOUR HOURS PER DAY. BEYOND THE FOUR-HOUR  MINI-
 MUM,  A  FACILITY  MAY PROVIDE ADDITIONAL ACCESS TO THE TABLET AND ADDI-
 TIONAL ACCESS TO PERSONAL PHONE CALLS AND EMAILS, AND ALL PERSONAL PHONE
 CALLS AND EMAILS SHALL BE FREE FOR THE PERSON INITIATING AND THE  PERSON
 RECEIVING THE COMMUNICATION.
   (U)  ALL CORRECTIONAL FACILITIES AND SECURE FACILITIES SHALL OPERATE A
 COMMISSARY OR CANTEEN. THE PRICES OF ITEMS SOLD AT  EACH  COMMISSARY  OR
 A. 8364                            10
 
 CANTEEN  SHALL  TAKE  INTO ACCOUNT THE MINIMUM WAGES PEOPLE INCARCERATED
 ARE EARNING AND SHALL BE AT LEAST SIXTY PERCENT BELOW THE CURRENT MARKET
 RATE FOR SUCH ITEMS, AS BASED UPON THE COST OF SIMILAR ITEMS FOR SALE IN
 THE  SAME  REGION  AS  THE  CORRECTIONAL  FACILITY.  EACH COMMISSARY AND
 CANTEEN SHALL BE FULLY STOCKED AND SHALL INCLUDE QUALITY  WHOLESOME  AND
 NUTRITIOUS  FOOD, INCLUDING A FULL RANGE AND VARIETY OF FRESH FRUITS AND
 VEGETABLES.
   (V) ANY PERSON INCARCERATED  IN  A  CORRECTIONAL  FACILITY  OR  SECURE
 FACILITY  SHALL  HAVE A RIGHT TO BRING IN STATE COURT AN ACTION BASED ON
 ANY VIOLATION OF THIS SECTION OR THE REGULATIONS PRESCRIBED UNDER  THESE
 SECTIONS  TO: (I) ENJOIN SUCH VIOLATION; (II) OBTAIN A DECLARATORY JUDG-
 MENT; (III) RECOVER FOR MONEY DAMAGES; AND (IV)  ANY  OTHER  APPROPRIATE
 RELIEF DETERMINED BY THE COURT.
   §  9.  Subparagraph  (ii) of paragraph (j) of subdivision 6 of section
 137 of the correction law is amended by adding two new clauses  (A)  and
 (B) to read as follows:
   (A)  TIME SPENT IN ANY OF THE FOLLOWING LOCATIONS SHALL NOT CONSTITUTE
 OUT-OF-CELL TIME: (1) ON A TIER OR WALKWAY OUTSIDE OF A CELL  OR  GROUPS
 OF CELLS; (2) IN A RECREATION AREA CONTIGUOUS TO A CELL; (3) IN A RECRE-
 ATION  AREA  WITHOUT A GROUP OF MANY PEOPLE AFFORDED SIMULTANEOUS ACCESS
 TO THE SAME SHARED SPACE WITHOUT PHYSICAL BARRIERS AND  CONDUCIVE  TO  A
 MEANINGFUL  CONGREGATE  SOCIAL  INTERACTION;  OR (4) ANY SPACE WITHOUT A
 GROUP OF MANY PEOPLE AFFORDED SIMULTANEOUS ACCESS  TO  THE  SAME  SHARED
 SPACE  WITHOUT  PHYSICAL BARRIERS AND CONDUCIVE TO MEANINGFUL CONGREGATE
 SOCIAL INTERACTION.
   (B) IF AN INCARCERATED INDIVIDUAL VOLUNTARILY CHOOSES NOT  TO  PARTIC-
 IPATE  IN CONGREGATE OUT-OF-CELL TIME, CONGREGATE RECREATION, OR CONGRE-
 GATE PROGRAMMING, THEY SHALL BE OFFERED ACCESS TO COMPARABLE  INDIVIDUAL
 PROGRAMMING,  INDIVIDUAL RECREATION, AND INDIVIDUAL TIME AWAY FROM THEIR
 CELL WHERE THEY SLEEP. VOLUNTARILY DECLINING TO PARTICIPATE  IN  CONGRE-
 GATE  OUT-OF-CELL TIME, CONGREGATE RECREATION, OR CONGREGATE PROGRAMMING
 SHALL BE DONE IN WRITING OR BY VIDEOTAPE.
   § 10. Subparagraph (v) of paragraph (j) of subdivision  6  of  section
 137  of the correction law, as amended by section 4 of part NNN of chap-
 ter 59 of the laws of 2021, is amended to read as follows:
   (v) An incarcerated [person] INDIVIDUAL  in  a  residential  rehabili-
 tation  unit  shall  have  access  to CORE programs and work assignments
 [comparable to core programs and types of work  assignments  in  general
 population]  AVAILABLE IN GENERAL POPULATION, AND SHALL RECEIVE THE SAME
 CREDIT FOR PARTICIPATION IN SUCH PROGRAMS AS THEY WOULD IN GENERAL POPU-
 LATION FOR PURPOSES OF THEIR PROGRAM REQUIREMENTS AND  FOR  PURPOSES  OF
 GOOD  TIME, MERIT TIME, OTHER TIME ALLOWANCE, PAROLE RELEASE, OR CONSID-
 ERATION FOR OTHER RELEASE MECHANISMS. Such incarcerated [persons]  INDI-
 VIDUALS  shall  also  have  access to additional out-of-cell, trauma-in-
 formed therapeutic programming aimed at promoting personal  development,
 addressing underlying causes of problematic behavior resulting in place-
 ment  in  a  residential  rehabilitation  unit,  and helping prepare for
 discharge from the unit and to the community.
   § 11. Subparagraph (vii) of paragraph (j) of subdivision 6 of  section
 137  of  the correction law, as added by chapter 93 of the laws of 2021,
 is amended to read as follows:
   (vii) Restraints shall not be used when incarcerated  [persons]  INDI-
 VIDUALS are participating in out-of-cell activities within a residential
 rehabilitation unit, RESIDENTIAL MENTAL HEALTH TREATMENT UNIT, STEP-DOWN
 UNIT,  CORRECTIONAL ALTERNATIVE REHABILITATION UNIT, PROTECTIVE CUSTODY,
 AND ANY  OTHER  SIMILAR  UNIT,  unless  an  [individual]  INDIVIDUALIZED
 A. 8364                            11
 
 assessment is made AT THE TIME OF, OR IMMEDIATELY FOLLOWING, AN INCIDENT
 INVOLVING  THE  PERSON IN QUESTION that restraints are required FOR THAT
 SPECIFIC PERSON IN QUESTION because of a  significant  and  unreasonable
 risk [to the safety and security] of IMMINENT SERIOUS PHYSICAL INJURY TO
 SELF,  other  incarcerated  [persons]  INDIVIDUALS  or  staff  BASED  ON
 CONCRETE EVIDENCE OF SUCH  RISK  BY  THAT  PERSON.  SUCH  INDIVIDUALIZED
 ASSESSMENTS SHALL BE MEMORIALIZED IN WRITING, WITH A WRITTEN EXPLANATION
 AS  TO WHY, INCLUDING PROVIDING CONCRETE EVIDENCE RELIED ON TO DETERMINE
 THAT, RESTRAINTS WERE REQUIRED FOR THE SPECIFIC PERSON  IN  QUESTION  TO
 PREVENT A SIGNIFICANT AND UNREASONABLE RISK OF IMMINENT SERIOUS PHYSICAL
 INJURY.
   (A)  WHERE  RESTRAINTS  ARE  IMPOSED,  THE  LEAST  RESTRICTIVE FORM OF
 RESTRAINTS SHALL BE USED, FOR NO LONGER THAN  NECESSARY  TO  ABATE  SUCH
 IMMINENT HARM.
   (B)  RESTRAINTS SHALL NOT CONTINUE TO BE USED BEYOND THE DAY THEY WERE
 APPLIED UNLESS A DETERMINATION IS MADE AT A SUBSEQUENT DUE PROCESS HEAR-
 ING, WITH ALL OF THE PROTECTIONS OF SUBDIVISION  ONE  OF  THIS  SECTION,
 THAT RESTRAINTS REMAIN NECESSARY TO ABATE A SIGNIFICANT AND UNREASONABLE
 RISK  OF  IMMINENT  SERIOUS  PHYSICAL INJURY TO SELF, OTHER INCARCERATED
 INDIVIDUALS, OR STAFF, BASED ON CONCRETE EVIDENCE OF SUCH RISK.
   (C) ANY CONTINUING USE OF RESTRAINTS SHALL BE REVIEWED DAILY, IN WRIT-
 ING, AND DISCONTINUED ONCE THERE IS NO LONGER A RISK OF IMMINENT INJURY.
 CONTINUED USE OF RESTRAINTS MAY ONLY BE AUTHORIZED FOR AT MOST A  SEVEN-
 DAY PERIOD.
   §  12. Paragraph (k) of subdivision 6 of section 137 of the correction
 law is amended by adding three new subparagraphs (v), (vi) and (vii)  to
 read as follows:
   (V)  NO  INCARCERATED INDIVIDUAL SHALL RECEIVE A SANCTION OF MORE THAN
 FIFTEEN DAYS OF SEGREGATED CONFINEMENT TIME NOR MORE THAN SIXTY DAYS  OF
 TIME  IN  A  RESIDENTIAL  REHABILITATION UNIT, RESIDENTIAL MENTAL HEALTH
 TREATMENT UNIT, OR ANY OTHER DISCIPLINARY CONFINEMENT UNIT FOR ANY INCI-
 DENT, REGARDLESS OF HOW MANY CHARGES ARE ASSOCIATED WITH THAT INCIDENT.
   (VI) TO IMPOSE A DISCIPLINARY SANCTION, A HEARING OFFICER MUST FIND AN
 INCARCERATED INDIVIDUAL GUILTY OF THE CHARGED ACT OR ACTS BY  CLEAR  AND
 CONVINCING EVIDENCE.
   (VII)  ALL  HEARING OFFICERS SHALL ENGAGE IN A MEANINGFUL FACT FINDING
 PROCESS. IF A HEARING OFFICER IMPOSES A SANCTION OF SEGREGATED  CONFINE-
 MENT BEYOND THREE DAYS OR ANY TIME IN A RESIDENTIAL REHABILITATION UNIT,
 THE  HEARING  OFFICER  SHALL  DETAIL  IN  WRITING  IN THEIR DECISION THE
 SPECIFIC WAYS IN WHICH THE ACT OR ACTS THE INCARCERATED  INDIVIDUAL  WAS
 FOUND GUILTY OF MET ALL OF THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS
 PARAGRAPH. THE DISPOSITION OR DETERMINATION SHALL INCLUDE A STATEMENT OF
 EVIDENCE,  WHICH  INCLUDES THE TESTIMONY OF EACH WITNESS AND A STATEMENT
 OF REASONS WHY THE INCARCERATED INDIVIDUAL'S  EVIDENCE  OR  DEFENSE  WAS
 CREDITED OR REJECTED.
   §  13. Paragraph (l) of subdivision 6 of section 137 of the correction
 law is amended by adding five new subparagraphs (i), (ii),  (iii),  (iv)
 and (v) to read as follows:
   (I)  EACH  PERSON  FACING  THE  POSSIBILITY OF PLACEMENT IN SEGREGATED
 CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT SHALL  BE  INFORMED  IN
 WRITING  AND  VERBALLY,  INCLUDING BEFORE THEY APPEAR FOR A DISCIPLINARY
 HEARING AND THEN AGAIN ON THE HEARING RECORD, THAT THEY ARE PERMITTED TO
 BE REPRESENTED AT THEIR DISCIPLINARY  HEARING,  SHALL  BE  PROVIDED  THE
 OPPORTUNITY TO SEEK REPRESENTATION, AND MAY BRING THEIR CHOSEN REPRESEN-
 TATIVE  INTO  THE  HEARING AT ANY TIME PRIOR TO THE DISPOSITION OF THEIR
 HEARING.
 A. 8364                            12
 
   (II) FOR ALL  DISCIPLINARY  HEARINGS,  INCARCERATED  INDIVIDUALS  AND,
 WHERE  APPLICABLE,  THEIR  REPRESENTATIVES SHALL BE PROVIDED, AS SOON AS
 POSSIBLE AND NO LATER THAN FORTY-EIGHT HOURS PRIOR TO  THE  START  OF  A
 HEARING, ALL EVIDENCE RELEVANT TO THEIR DISCIPLINARY CHARGE AND/OR HEAR-
 ING,  INCLUDING  BUT  NOT LIMITED TO THE MISBEHAVIOR REPORT, ANY AND ALL
 EXCULPATORY EVIDENCE, ANY USE  OF  FORCE  OR  UNUSUAL  INCIDENT  REPORTS
 CONCERNING  THE INCIDENT, ANY TO-FROM MEMORANDA CONCERNING THE INCIDENT,
 ANY STAFF REPORTS OR ACCOUNTS, ANY WITNESS STATEMENTS,  ANY  INFORMATION
 RELIED  UPON  FROM A CONFIDENTIAL SOURCE SUBJECT TO SECURITY REDACTIONS,
 ANY MEDICAL RECORDS RELATED TO  THE  INCIDENT,  ANY  RELATED  CONTRABAND
 RECEIPTS,  ANY  OTHER  WRITTEN  MATERIALS  CONCERNING  THE INCIDENT, ANY
 RELATED PHOTOGRAPHS, AND AUDIO AND VIDEO RECORDINGS OF OR RELATED TO THE
 INCIDENT.
   (III) FOR ALL DISCIPLINARY  HEARINGS,  INCARCERATED  INDIVIDUALS  AND,
 WHERE  APPLICABLE,  THEIR  REPRESENTATIVES SHALL HAVE THE RIGHT DURING A
 HEARING TO PROVIDE OPENING AND CLOSING STATEMENTS, REQUEST  AND  RECEIVE
 EVIDENCE,   CONDUCT   A  MEANINGFUL  INVESTIGATION,  CALL  AND  QUESTION
 WITNESSES, CROSS-EXAMINE WITNESSES, AND PRESENT EVIDENCE.
   (IV) ALL DISCIPLINARY HEARINGS SHALL BE RECORDED AND  SUCH  RECORDINGS
 SHALL  BE  PROVIDED TO THE INCARCERATED INDIVIDUAL AND HIS OR HER REPRE-
 SENTATIVE, IF APPLICABLE.
   (V) IF A PERSON IS HELD IN SEGREGATED  CONFINEMENT  OR  A  RESIDENTIAL
 REHABILITATION  UNIT  PRIOR  TO  A HEARING, ANY TIME SPENT IN SEGREGATED
 CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT PRIOR  TO  THE  HEARING
 SHALL:  (A)  IF  THE  PERSON IS FOUND GUILTY OF AN ELIGIBLE CHARGE UNDER
 SUBPARAGRAPH (II) OF PARAGRAPH (K)  OF  THIS  SUBDIVISION,  BE  CREDITED
 TOWARD  ANY  SANCTION TO SEGREGATED CONFINEMENT OR RESIDENTIAL REHABILI-
 TATION UNIT IMPOSED; AND (B) IF THE PERSON IS NOT  FOUND  GUILTY  OF  AN
 ELIGIBLE  CHARGE UNDER SUBPARAGRAPH (II) OF PARAGRAPH (K) OF THIS SUBDI-
 VISION, BE CREDITED AS ADDITIONAL  GOOD  TIME  BEHAVIOR  ALLOWANCE  TIME
 UNDER SECTION EIGHT HUNDRED THREE OF THIS CHAPTER.
   §  14. Paragraph (o) of subdivision 6 of section 137 of the correction
 law, as amended by section 6 of part NNN of chapter 59 of  the  laws  of
 2021, is amended to read as follows:
   (o)  The department shall publish monthly reports on its website, with
 semi-annual and annual cumulative reports, of THE TOTAL NUMBER  OF  BEDS
 AT  EACH  FACILITY,  INCLUDING THE NUMBER OF BEDS HELD VACANT FOR USE AS
 QUARANTINE, AND the total number of people who are in, SEPARATELY  LIST-
 ED:  GENERAL POPULATION; segregated confinement [and the total number of
 people  who  are  in];  residential  rehabilitation   units;   STEP-DOWN
 PROGRAMS;  RESIDENTIAL  MENTAL HEALTH TREATMENT UNITS, INCLUDING BUT NOT
 LIMITED TO BEHAVIORAL HEALTH UNITS,  RESIDENTIAL  MENTAL  HEALTH  UNITS,
 THERAPEUTIC BEHAVIOR UNITS, INTERMEDIATE CARE PROGRAMS, AND TRANSITIONAL
 INTERMEDIATE  CARE  PROGRAMS;  PROTECTIVE CUSTODY; ADMINISTRATIVE SEGRE-
 GATION; RECEPTION, SHOCK INCARCERATION; I-ASAT; CLOSE SUPERVISION UNITS;
 SPECIAL NEEDS UNITS; ASSESSMENT AND PROGRAM PREPARATION UNITS;  RESIDEN-
 TIAL  CRISIS  TREATMENT  UNITS;  INTENSIVE  INTERMEDIATE  CARE PROGRAMS,
 CORRECTIONAL ALTERNATIVE REHABILITATION UNITS, UNITS FOR THE COGNITIVELY
 IMPAIRED, AND ANY AND ALL  OTHER  DESIGNATED  UNITS  WITHIN  THE  PRISON
 SYSTEM WHERE OUT-OF-CELL TIME IS RESTRICTED IN ANY WAY, on the first day
 of each month AND THE TOTAL NUMBER OF PLACEMENTS IN EACH LOCATION DURING
 THE  PRECEDING  MONTH.    The  reports  shall provide a breakdown of the
 number of people  AND  PLACEMENTS,  SEPARATELY  LISTED,  in  [segregated
 confinement  and  in  residential  rehabilitation] EACH OF THE AFOREMEN-
 TIONED units, SEPARATELY LISTED, by: (i) age; (ii) race;  (iii)  gender;
 (iv) mental health treatment level; (v) special health accommodations or
 A. 8364                            13
 
 needs;  (vi)  need  for  and  participation  in  substance use disorder,
 ACADEMIC,  VOCATIONAL,  TRANSITIONAL  SERVICES,  AGGRESSION  REPLACEMENT
 TRAINING,  SEX OFFENSE COUNSELING AND TREATMENT, AND ALL OTHER MANDATORY
 programs,  SEPARATELY  LISTED; (vii) pregnancy status; (viii) continuous
 length of stay in [residential treatment units] EACH TYPE  OF  UNIT,  as
 well  as  length of stay in the past sixty days; (ix) number of days [in
 segregated confinement] AND HOURS PER DAY, OF PARTICIPATION  IN  OUT-OF-
 CELL  GROUP  PROGRAMMING; (x) a list of all incidents resulting in sanc-
 tions of segregated confinement,  INCLUDING  ALL  SUBSTANTIATED  CHARGES
 RELATED  TO  EACH  INCIDENT,  by  facility,  UNIT,  AMOUNT OF SEGREGATED
 CONFINEMENT AND RESIDENTIAL REHABILITATION UNIT  TIME  IMPOSED  FOR  THE
 SANCTION,  and  date  of  occurrence;  (xi)  [the number of incarcerated
 persons in segregated confinement by] facility; [and] (xii)  the  number
 of  [incarcerated persons in residential rehabilitation units by facili-
 ty] INCIDENTS OF SELF-HARM, SUICIDE ATTEMPTS, AND SUICIDE  BY  FACILITY,
 UNIT,  AND  DATE  OF OCCURRENCE; (XIII) THE NUMBER OF DEATHS BY FACILITY
 AND UNIT, CAUSE OF DEATH, AND DATE OF OCCURRENCE; (XIV)  THE  NUMBER  OF
 SANCTIONS  TAKING  AWAY  A  PERSON'S  PRIVILEGES OR SERVICES, SEPARATELY
 LISTED AND INCLUDING BUT NOT LIMITED TO,  VISITATION,  PACKAGES,  CORRE-
 SPONDENCE,  PHONE  CALLS,  TABLETS,  CELL  SHIELD, PROGRAMS, RECREATION,
 COMMISSARY, OUT-OF-CELL TIME, FOOD, RESTITUTION,  FORFEITURE  OF  FUNDS,
 LOSS  OF  GOOD  TIME, FAMILY REUNION PROGRAM, AND IMPOSED WORK TASK; AND
 (XV) STAFF USES OF FORCE, BY FACILITY, UNIT, DATE OF  OCCURRENCE,  LEVEL
 OF  INJURY  TO  INCARCERATED  INDIVIDUALS  AND STAFF, AND OUTCOME OF ANY
 DISCIPLINARY OR OTHER ACTION TAKEN.
   § 15. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 or of any other application of any provision of this act, which  can  be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   §  16.  This act shall take effect on the thirtieth day after it shall
 have become a law.