BILL NUMBER: S6977

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to clarifying the defi-
nition of persons with a disability for purposes of the definition of
special populations

 
PURPOSE:

To clarify the intent of the HALT Solitary Confinement law (Chapter 93
of the Laws of 2021) that individuals with recognized and diagnosed
mental health disorders or illnesses are part of the "special popu-
lations" excluded from segregated confinement.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph ( c) of subdivision 33 of section 2 of the
correction law, as added by chapter 93 of the Laws of 2021, by adding
language that makes clear the intent of the original law, to ban all
individuals with mental health diagnosis, people on the OMH case-load,
              

people with intellectual, developmental, or cognitive diagnosis or
mobility impairment, and people with any sensorial disability diagnosis,
from being placed in segregated confinement.

Section 2 sets the effective date.

 
JUSTIFICATION:

The HALT Solitary law categorically bans members of groups defined as
"special populations" from being placed in segregated confinement.  The
existing law explicitly includes within the definition of "special popu-
lations" the definition contained in Executive Law section 292 (21)(a),
which defines disability as "a physical, mental or medical impairment
resulting from anatomical, physiological, genetic or neurological condi-
tions which prevents the exercise of normal bodily function or is demon-
strable by medically accepted clinical or laboratory diagnostic tech-
niques." Under this definition, any person in DOCCS custody who is, for
example, on the OMH mental-health case-load, would be deemed to be in
the "special population" banned from segregated confinement. In prac-
tice, DOCCS had not been complying with this requirement. This has been
noted by investigative reports in NYS Focus (Gelardi, Chris, "Prisons
Are Illegally Throwing People With Disabilities into Solitary Confine-
ment", 9/26/2022) and by the Correctional Association of NY in their
comprehensive report on HALT compliance published in March 2023.

While the original statutory provision in the HALT Law is clear, it
appears that additional clarity is required at this time to ensure that
the initial intent of the legislature is properly followed.

 
FISCAL IMPACT:

None.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
Immediately.
https://staticl.squarespace.com/static/62f1552c1dd65741c53bbcf8/t/
641a1aa0c4f82202db41fcf0/1679432372691/2023_ImplementationofHALT.pdf