Senate Bill S3885

2025-2026 Legislative Session

Prohibits segregated confinement of children in a detention facility

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-S3885 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §304.1, Fam Ct Act; amd §503, Exec L

2025-S3885 (ACTIVE) - Summary

Prohibits segregated confinement of children in a detention facility; defines segregated confinement.

2025-S3885 (ACTIVE) - Sponsor Memo

2025-S3885 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3885
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the family court act and the executive law, in  relation
   to  prohibiting  segregated  confinement  of  children  in a detention
   facility

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "keep kids
 out of solitary confinement act".
   § 2. Section 304.1 of the family court act is amended by adding a  new
 subdivision 5 to read as follows:
   5.  A  DETENTION  FACILITY  WHICH  RECEIVES A CHILD UNDER THIS ARTICLE
 SHALL NOT PLACE ANY SUCH CHILD IN SEGREGATED CONFINEMENT FOR ANY  LENGTH
 OF  TIME.  FOR  THE  PURPOSES  OF THIS SUBDIVISION, THE TERM "SEGREGATED
 CONFINEMENT" SHALL MEAN THE CONFINEMENT OF A CHILD IN ANY FORM  OF  CELL
 CONFINEMENT  FOR MORE THAN SEVENTEEN HOURS A DAY OTHER THAN IN A FACILI-
 TY-WIDE EMERGENCY OR FOR THE PURPOSE  OF  PROVIDING  MEDICAL  OR  MENTAL
 HEALTH  TREATMENT.  "SEGREGATED  CONFINEMENT"  SHALL  NOT  INCLUDE  ROOM
 CONFINEMENT AUTHORIZED PURSUANT TO REGULATIONS OF THE OFFICE OF CHILDREN
 AND FAMILY SERVICES IN CASES WHERE A CHILD  CONSTITUTES  A  SERIOUS  AND
 EVIDENT DANGER TO THEMSELF OR OTHERS.
   §  3.  Section  503  of  the  executive law is amended by adding a new
 subdivision 10 to read as follows:
   10. A DETENTION FACILITY CERTIFIED UNDER THIS ARTICLE SHALL NOT  PLACE
 ANY  CHILD  DETAINED  PURSUANT  TO  THE FAMILY COURT ACT OR THE CRIMINAL
 PROCEDURE LAW IN SEGREGATED CONFINEMENT FOR ANY LENGTH OF TIME. FOR  THE
 PURPOSES  OF  THIS  SUBDIVISION, THE TERM "SEGREGATED CONFINEMENT" SHALL
 MEAN THE CONFINEMENT OF A CHILD IN ANY FORM OF CELL CONFINEMENT FOR MORE
 THAN SEVENTEEN HOURS A DAY OTHER THAN IN A  FACILITY-WIDE  EMERGENCY  OR
 FOR THE PURPOSE OF PROVIDING MEDICAL OR MENTAL HEALTH TREATMENT. "SEGRE-
 GATED  CONFINEMENT" SHALL NOT INCLUDE ROOM CONFINEMENT AUTHORIZED PURSU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07969-01-5

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