BILL NUMBER: S4269

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 correction law section 2 (33), subparagraphs (c) and
(d) to clarify the original intent of the HALT Solitary Confinement Act
to include in the definition of "special populations" (and, therefore
prohibited from being placed ion segregated confinement), all individ-
              

uals with a disability as defined in executive law section 292 (21)(a)
including all diagnosable conditions, including all people on the office
of mental health caseload currently and all people with any disability
(including but not limited to any intellectual, mental health, develop-
mental, cognitive, physical, mobility, sensorial, medical, or other
disability, a traumatic brain injury, or an organic brain syndrome); (d)
who had been on the office of mental health caseload, or had a diagnosis
of any disability (including any intellectual, mental health, develop-
mental, cognitive, physical, sensorial, medical, or other disability)
within the previous year.

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
demonstrable by medically accepted clinical or laboratory diagnostic
techniques." 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
practice, DOCCS had not been complying with this requirement. This has
been noted by investigative reports in NYS Focus (Gelardi, Chris, "Pris-
ons Are Illegally Throwing People With Disabilities into Solitary
Confinement", 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:

SENATE:

2024: S6977 (Salazar) - Referred to Crime Victims, Crime and Correction,
reported, passed Senate.

2023: 56977 (Salazar) - Referred to Crime Victims, Crime and Correction.
ASSEMBLY:

2023-2024: A7533 (Forrest) - Referred to Correction

 
EFFECTIVE DATE:
Immediately.
https://staticl.squarespace.com/static/
62f1552c1dd65741c53bbcf8/t/641alaa0c4f82202
db4lfcf0/1679432372691/2023_ImplementationofHALT.pdf