Senate Bill S431

2025-2026 Legislative Session

Defines the terms "cell" and "out-of-cell"

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Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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-S431 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §2, Cor L
Versions Introduced in 2023-2024 Legislative Session:
S9946

2025-S431 (ACTIVE) - Summary

Defines the terms "cell" and "out-of-cell" to clarify meaning of cell confinement and the amount or type of space deemed a cell or out-of-cell.

2025-S431 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    431
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend the correction law, in relation to the definitions of
   cell and out-of-cell

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2 of the correction law is amended by adding three
 new subdivisions 35, 36 and 37 to read as follows:
   35. "CELL" MEANS ANY ROOM, AREA OR SPACE THAT IS USED OR  IS  INTENDED
 TO  BE  USED BY AN INCARCERATED INDIVIDUAL FOR SLEEP; OR ANY ROOM, AREA,
 OR SPACE THAT IS NOT A SHARED SPACE CONDUCIVE TO  MEANINGFUL  CONGREGATE
 SOCIAL  INTERACTION AMONG MANY PEOPLE IN A GROUP SETTING APPROPRIATE FOR
 THE NUMBER OF PEOPLE IN THE  SPACE  WITHOUT  PHYSICAL  BARRIERS  BETWEEN
 PEOPLE  WHERE A PERSON OR PERSONS ARE HELD FOR ANY PURPOSE; OR ANY ROOM,
 AREA, OR SPACE IN THAT IS NOT OUT-OF-CELL.
   36. "CELL CONFINEMENT" MEANS BEING IN A CELL.
   37. "OUT-OF-CELL" MEANS BEING IN A SPACE OUTSIDE OF  AND  IN  AN  AREA
 AWAY  FROM A CELL, IN A GROUP SETTING (INCLUDING A GROUP CLASSROOM, OPEN
 GROUP RECREATION YARD, GROUP  LIBRARY  OR  LAW  LIBRARY,  GROUP  CONTACT
 VISITS  ROOM,  OR OTHER EQUIVALENT SPACE), WITH MANY OTHER PEOPLE ALL IN
 THE SAME SHARED SPACE WITHOUT PHYSICAL BARRIERS BETWEEN PEOPLE  THAT  IS
 CONDUCIVE TO MEANINGFUL CONGREGATE SOCIAL INTERACTION AND ACTIVITY AMONG
 THE  NUMBER  OF  PEOPLE  IN THE SPACE, FOR PURPOSES INCLUDING CONGREGATE
 PROGRAMMING, CONGREGATE RECREATION, CONGREGATE CONTACT  VISITS,  CONGRE-
 GATE LIBRARY SERVICES, CONGREGATE LAW LIBRARY SERVICES, CONGREGATE JOBS,
 CONGREGATE  MEALS,  OR  EQUIVALENT  CONGREGATE ACTIVITIES; OR BEING IN A
 SPACE OUTSIDE OF AND IN AN AREA AWAY FROM A  CELL  DURING  THE  TIME  OF
 MEDICAL  TREATMENT,  INDIVIDUAL COUNSELING, AN ATTORNEY VISIT, OR EQUIV-
 ALENT SERVICE, IN A SETTING CONDUCIVE TO THE PROVISION OF  SUCH  SERVICE
 WITH  A  PERSON  IN  CUSTODY IN THE SAME SHARED SPACE WITH THEIR SERVICE
 PROVIDER WITHOUT PHYSICAL BARRIERS BETWEEN THEM.
   § 2. This act shall take effect immediately.

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