Bill Text: NY A01319 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to establishing minimum rules for the treatment of incarcerated people; provides that the United Nations standard minimum rules for the treatment of prisoners, also known as the Nelson Mandela rules, are hereby incorporated by reference.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - referred to correction [A01319 Detail]

Download: New_York-2023-A01319-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1319

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of  A.  AUBRY, JACKSON, JEAN-PIERRE -- read once and
          referred to the Committee on Correction

        AN ACT to amend the correction law, in relation to establishing  minimum
          rules for the treatment of incarcerated individuals

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The correction law is amended by adding a new  section  123
     2  to read as follows:
     3    § 123. Minimum rules for the treatment of incarcerated individuals. 1.
     4  Subject  to constitutional and federal law but notwithstanding any other
     5  section of law, the United Nations standard minimum rules for the treat-
     6  ment of prisoners, also known as the Nelson Mandela  rules,  are  hereby
     7  incorporated  by reference into this chapter, including, but not limited
     8  to:
     9    (a) a prohibition against prolonged confinement of more  than  fifteen
    10  days  in segregated confinement, administrative segregation or any other
    11  form of solitary confinement or social isolation;
    12    (b) community standards for medical and dental care, and  a  duty  for
    13  medical  professionals  to report when they notice mistreatment or abuse
    14  of an incarcerated individual;
    15    (c)  the  right  of  incarcerated  individuals  to  make  confidential
    16  complaints  to  superintendents and central office staff without fear of
    17  retaliation or intimidation;
    18    (d) the right to be placed whenever feasible in a correctional facili-
    19  ty close to a person's home or to the community where he or she  expects
    20  to be released;
    21    (e) the right to in-person visits contingent upon the visitor's agree-
    22  ment to be searched if necessary for security purposes;
    23    (f) the right to effective legal aid;
    24    (g) adequate and on-going training for staff;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01568-01-3
        A. 1319                             2

     1    (h)  oversight  by  an independent agency with right of entry into any
     2  correctional institution at any time, full access to all records and the
     3  ability to interview both staff and incarcerated individuals at will;
     4    (i)  the  right to vocational, educational and rehabilitative programs
     5  as well as re-entry programs and services;
     6    (j) the right to individualized programs of treatment, including indi-
     7  vidual mental health therapy and counseling, based  on  an  individual's
     8  needs, capacity and disposition;
     9    (k) equitable remuneration for work and program assignments; and
    10    (l) protection from cruel, inhumane and degrading treatment or punish-
    11  ment by correctional staff.
    12    2. The department shall promulgate rules and regulations in accordance
    13  with this section.
    14    §  2. This act shall take effect one year after it shall have become a
    15  law.