Bill Text: NY S06002 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to segregated confinement; prohibits segregated confinement for certain persons.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S06002 Detail]

Download: New_York-2023-S06002-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6002

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 27, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- 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 segregated confine-
          ment

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

     1    Section  1.  The  opening paragraph of subdivision 6 of section 137 of
     2  the correction law, as amended by chapter 322 of the laws  of  2021,  is
     3  amended and two new paragraphs (p) and (q) are added to read as follows:
     4    Except  as  provided in paragraphs (d) [and], (e), (p) and (q) of this
     5  subdivision, as a measure  of  last  resort,  the  superintendent  of  a
     6  correctional  facility,  under  supervision  of the commissioner, or the
     7  sheriff of a local correctional facility may keep any incarcerated indi-
     8  vidual confined in  a  cell  or  room,  apart  from  the  accommodations
     9  provided  for incarcerated individuals who are participating in programs
    10  of the facility, for such minimal period as may be necessary for mainte-
    11  nance of order or discipline, but in any such case the following  condi-
    12  tions shall be observed:
    13    (p) Segregated confinement is prohibited for the following incarcerat-
    14  ed individuals:
    15    (i) juveniles under the age of twenty-one;
    16    (ii) any person with a mental illness or a developmental disability as
    17  defined in section 1.03 of the mental hygiene law; and
    18    (iii) any person who has a permanent physical disability documented in
    19  his  or  her medical records that substantially limits one or more major
    20  life activities. For the  purposes  of  this  subdivision,  "major  life
    21  activities"  means functions such as walking, seeing, hearing and speak-
    22  ing.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09787-01-3
        S. 6002                             2

     1    (q) The commissioner shall compile and publish comprehensive disaggre-
     2  gated data on the  use  of  segregated  confinement,  including  related
     3  suicide attempts and self-harm, on a quarterly basis.
     4    § 2. Subdivision 3 of section 138 of the correction law, as amended by
     5  chapter 322 of the laws of 2021, is amended to read as follows:
     6    3. Facility rules shall be specific and precise giving all incarcerat-
     7  ed  individuals  actual notice of the conduct prohibited. Facility rules
     8  shall state the range of disciplinary sanctions which can be imposed for
     9  violation of each rule but any sanction of segregated confinement  shall
    10  be  for  the  minimum  period  necessary for the maintenance of order or
    11  discipline.
    12    § 3. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law.