Bill Text: NY S09378 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to segregated confinement; provides that certain incarcerated individuals shall not be placed in a residential rehabilitation unit; makes technical corrections by changing the word "inmate" to "incarcerated individual"; makes related provisions.
Spectrum: Partisan Bill (Republican 15-0)
Status: (Introduced - Dead) 2022-05-23 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S09378 Detail]
Download: New_York-2021-S09378-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9378 IN SENATE May 23, 2022 ___________ Introduced by Sen. STEC -- 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 confinement; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 23 of section 2 of the correction law, as sepa- 2 rately amended by chapters 93 and 322 of the laws of 2021, is amended to 3 read as follows: 4 23. "Segregated confinement" means the disciplinary confinement of an 5 incarcerated individual in [any form of cell confinement for more than6seventeen hours a day other than in a facility-wide emergency or for the7purpose of providing medical or mental health treatment. Cell confine-8ment that is implemented due to medical or mental health treatment shall9be within a clinical area in the correctional facility or in as close10proximity to a medical or mental health unit as possible] a special 11 housing unit or in a separate keeplock housing unit. Special housing 12 units and separate keeplock units are housing units that consist of 13 cells grouped so as to provide separation from the general population, 14 and may be used to house incarcerated individuals confined pursuant to 15 the disciplinary procedures described in regulations. 16 § 2. Subdivisions 33 and 34 of section 2 of the correction law are 17 REPEALED. 18 § 3. Paragraph (a) of subdivision 6 of section 137 of the correction 19 law, as separately amended by chapters 93 and 322 of the laws of 2021, 20 is amended to read as follows: 21 (a) The incarcerated individual shall be supplied with a sufficient 22 quantity of wholesome and nutritious food, provided, however, that such 23 food need not be the same as the food supplied to incarcerated individ- 24 uals who are participating in programs of the facility; 25 § 4. Paragraph (d) of subdivision 6 of section 137 of the correction 26 law, as separately amended by chapters 93 and 322 of the laws of 2021, 27 clauses (A) and (E) of subparagraph (ii) as separately amended by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15869-01-2S. 9378 2 1 section 1 and subparagraph (iv) as separately amended by section 2 of 2 part NNN of chapter 59 of the laws of 2021, is amended to read as 3 follows: 4 (d) (i) Except as set forth in clause (E) of subparagraph (ii) of this 5 paragraph, the department, in consultation with mental health clini- 6 cians, shall divert or remove incarcerated individuals with serious 7 mental illness, as defined in paragraph (e) of this subdivision, from 8 segregated confinement [or confinement in a residential rehabilitation9unit], where such confinement could potentially be for a period in 10 excess of thirty days, to a residential mental health treatment unit. 11 Nothing in this paragraph shall be deemed to prevent the disciplinary 12 process from proceeding in accordance with department rules and regu- 13 lations for disciplinary hearings. 14 (ii) (A) Upon placement of an incarcerated individual into segregated 15 confinement [or a residential rehabilitation unit] at a level one or 16 level two facility, a suicide prevention screening instrument shall be 17 administered by staff from the department or the office of mental health 18 who has been trained for that purpose. If such a screening instrument 19 reveals that the incarcerated individual is at risk of suicide, a mental 20 health clinician shall be consulted and appropriate safety precautions 21 shall be taken. Additionally, within one business day of the placement 22 of such an incarcerated individual into segregated confinement at a 23 level one or level two facility [or a residential rehabilitation unit], 24 the incarcerated individual shall be assessed by a mental health clini- 25 cian. 26 (B) Upon placement of an incarcerated individual into segregated 27 confinement [or a residential rehabilitation unit] at a level three or 28 level four facility, a suicide prevention screening instrument shall be 29 administered by staff from the department or the office of mental health 30 who has been trained for that purpose. If such a screening instrument 31 reveals that the incarcerated individual is at risk of suicide, a mental 32 health clinician shall be consulted and appropriate safety precautions 33 shall be taken. All incarcerated individuals placed in segregated 34 confinement [or a residential rehabilitation unit] at a level three or 35 level four facility shall be assessed by a mental health clinician, 36 within [seven] fourteen days of such placement into segregated confine- 37 ment. 38 (C) At the initial assessment, if the mental health clinician finds 39 that an incarcerated individual suffers from a serious mental illness, 40 [that person shall be diverted or removed from segregated confinement or41a residential rehabilitation unit and] a recommendation shall be made 42 whether exceptional circumstances, as described in clause (E) of this 43 subparagraph, exist. In a facility with a joint case management commit- 44 tee, such recommendation shall be made by such committee. In a facility 45 without a joint case management committee, the recommendation shall be 46 made jointly by a committee consisting of the facility's highest ranking 47 mental health clinician, the deputy superintendent for security, and the 48 deputy superintendent for program services, or their equivalents. Any 49 such recommendation shall be reviewed by the joint central office review 50 committee. The administrative process described in this clause shall be 51 completed within [seven] fourteen days of the initial assessment, and if 52 the result of such process is that the incarcerated individual should be 53 removed from segregated confinement [or a residential rehabilitation54unit], such removal shall occur as soon as practicable, but in no event 55 more than seventy-two hours from the completion of the administrative 56 process. [Pursuant to paragraph (h) of this subdivision, nothing in thisS. 9378 3 1section shall permit the placement of an incarcerated person with seri-2ous mental illness into segregated confinement at any time, even for the3purposes of assessment.] 4 (D) If an incarcerated individual with a serious mental illness is not 5 diverted or removed to a residential mental health treatment unit, such 6 incarcerated individual shall be [diverted to a residential rehabili-7tation unit and] reassessed by a mental health clinician within fourteen 8 days of the initial assessment and at least once every fourteen days 9 thereafter. After each such additional assessment, a recommendation as 10 to whether such incarcerated individual should be removed from [a resi-11dential rehabilitation unit] segregated confinement shall be made and 12 reviewed according to the process set forth in clause (C) of this 13 subparagraph. 14 (E) A recommendation or determination whether to remove an incarcerat- 15 ed individual from segregated confinement [or a residential rehabili-16tation unit] shall take into account the assessing mental health clini- 17 cians' opinions as to the incarcerated individual's mental condition and 18 treatment needs, and shall also take into account any safety and securi- 19 ty concerns that would be posed by the incarcerated individual's 20 removal, even if additional restrictions were placed on the incarcerated 21 individual's access to treatment, property, services or privileges in a 22 residential mental health treatment unit. A recommendation or determi- 23 nation shall direct the incarcerated individual's removal from segre- 24 gated confinement [or a residential rehabilitation unit] except in the 25 following exceptional circumstances: (1) when the reviewer finds that 26 removal would pose a substantial risk to the safety of the incarcerated 27 individual or other persons, or a substantial threat to the security of 28 the facility, even if additional restrictions were placed on the incar- 29 cerated individual's access to treatment, property, services or privi- 30 leges in a residential mental health treatment unit; or (2) when the 31 assessing mental health clinician determines that such placement is in 32 the incarcerated individual's best interests based on his or her mental 33 condition and that removing such incarcerated individual to a residen- 34 tial mental health treatment unit would be detrimental to his or her 35 mental condition. Any determination not to remove an incarcerated indi- 36 vidual with serious mental illness from [a residential rehabilitation37unit] segregated confinement shall be documented in writing and include 38 the reasons for the determination. 39 (iii) Incarcerated individuals with serious mental illness who are not 40 diverted or removed from [a residential rehabilitation unit] segregated 41 confinement shall be offered a heightened level of [mental health] care, 42 involving a minimum of [three] two hours [daily] each day, five days a 43 week, of out-of-cell therapeutic treatment and programming. This 44 heightened level of care shall not be offered only in the following 45 circumstances: 46 (A) The heightened level of care shall not apply when an incarcerated 47 individual with serious mental illness does not, in the reasonable judg- 48 ment of a mental health clinician, require the heightened level of care. 49 Such determination shall be documented with a written statement of the 50 basis of such determination and shall be reviewed by the Central New 51 York Psychiatric Center clinical director or his or her designee. Such a 52 determination is subject to change should the incarcerated individual's 53 clinical status change. Such determination shall be reviewed and docu- 54 mented by a mental health clinician every thirty days, and in consulta- 55 tion with the Central New York Psychiatric Center clinical director or 56 his or her designee not less than every ninety days.S. 9378 4 1 (B) The heightened level of care shall not apply in exceptional 2 circumstances when providing such care would create an unacceptable risk 3 to the safety and security of incarcerated individuals or staff. Such 4 determination shall be documented by security personnel together with 5 the basis of such determination and shall be reviewed by the facility 6 superintendent, in consultation with a mental health clinician, not less 7 than every seven days for as long as the incarcerated individual remains 8 in [a residential rehabilitation unit] segregated confinement. The 9 facility shall attempt to resolve such exceptional circumstances so that 10 the heightened level of care may be provided. If such exceptional 11 circumstances remain unresolved for thirty days, the matter shall be 12 referred to the joint central office review committee for review. 13 (iv) Incarcerated individuals with serious mental illness who are not 14 diverted or removed from segregated confinement shall not be placed on a 15 restricted diet, unless there has been a written determination that the 16 restricted diet is necessary for reasons of safety and security. If a 17 restricted diet is imposed, it shall be limited to seven days, except in 18 the exceptional circumstances where the joint case management committee 19 determines that limiting the restricted diet to seven days would pose an 20 unacceptable risk to the safety and security of incarcerated individuals 21 or staff. In such case, the need for a restricted diet shall be reas- 22 sessed by the joint case management committee every seven days. 23 (v) All incarcerated individuals in segregated confinement in a level 24 one or level two facility [or a residential rehabilitation unit] who are 25 not assessed with a serious mental illness at the initial assessment 26 shall be offered at least one interview with a mental health clinician 27 within [seven] fourteen days of their initial mental health assessment, 28 and additional interviews at least every thirty days thereafter, unless 29 the mental health clinician at the most recent interview recommends an 30 earlier interview or assessment. All incarcerated individuals in [a31residential rehabilitation unit] segregated confinement in a level three 32 or level four facility who are not assessed with a serious mental 33 illness at the initial assessment shall be offered at least one inter- 34 view with a mental health clinician within thirty days of their initial 35 mental health assessment, and additional interviews at least every nine- 36 ty days thereafter, unless the mental health clinician at the most 37 recent interview recommends an earlier interview or assessment. 38 § 5. Paragraphs (h), (i), (j), (k), (l), (m), (n) and (o) of subdivi- 39 sion 6 of section 137 of the correction law are REPEALED. 40 § 6. Subdivision 7 of section 138 of the correction law is REPEALED. 41 § 7. Subdivision 1 of section 401 of the correction law, as separately 42 amended by chapters 93 and 322 of the laws of 2021, is amended to read 43 as follows: 44 1. The commissioner, in cooperation with the commissioner of mental 45 health, shall establish programs, including but not limited to residen- 46 tial mental health treatment units, in such correctional facilities as 47 he or she may deem appropriate for the treatment of mentally ill incar- 48 cerated individuals confined in state correctional facilities who are in 49 need of psychiatric services but who do not require hospitalization for 50 the treatment of mental illness. Incarcerated individuals with serious 51 mental illness shall receive therapy and programming in settings that 52 are appropriate to their clinical needs while maintaining the safety and 53 security of the facility. 54 [The conditions and services provided in the residential mental health55treatment units shall be at least comparable to those in all residential56rehabilitation units, and all residential mental health treatment unitsS. 9378 5 1shall be in compliance with all provisions of paragraphs (i), (j), (k),2and (l) of subdivision six of section one hundred thirty-seven of this3chapter. Residential mental health treatment units that are either resi-4dential mental health unit models or behavioral health unit models shall5also be in compliance with all provisions of paragraph (m) of subdivi-6sion six of section one hundred thirty-seven of this chapter.7The residential mental health treatment units shall also provide the8additional mental health treatment, services, and programming delineated9in this section.] The administration and operation of programs estab- 10 lished pursuant to this section shall be the joint responsibility of the 11 commissioner of mental health and the commissioner. The professional 12 mental health care personnel, and their administrative and support 13 staff, for such programs shall be employees of the office of mental 14 health. All other personnel shall be employees of the department. 15 § 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401 16 of the correction law, as separately amended by section 8 of part NNN of 17 chapter 59 and chapter 322 of the laws of 2021, is amended to read as 18 follows: 19 (i) In exceptional circumstances, a mental health clinician, or the 20 highest ranking facility security supervisor in consultation with a 21 mental health clinician who has interviewed the incarcerated individual, 22 may determine that an incarcerated individual's access to out-of-cell 23 therapeutic programming and/or mental health treatment in a residential 24 mental health treatment unit presents an unacceptable risk to the safety 25 of incarcerated individuals or staff. Such determination shall be docu- 26 mented in writing and [such inmate may be removed to a residential reha-27bilitation unit that is not a residential mental health treatment unit28where] alternative mental health treatment and/or other therapeutic 29 programming, as determined by a mental health clinician, shall be 30 provided. 31 § 9. Subdivision 5 of section 401 of the correction law, as separately 32 amended by chapters 93 and 322 of the laws of 2021, is amended to read 33 as follows: 34 5. (a) An incarcerated individual in a residential mental health 35 treatment unit shall not be sanctioned with segregated confinement for 36 misconduct on the unit, or removed from the unit and placed in segre- 37 gated confinement [or a residential rehabilitation unit], except in 38 exceptional circumstances where such incarcerated individual's conduct 39 poses a significant and unreasonable risk to the safety of incarcerated 40 individuals or staff, or to the security of the facility [and he or she41has been found to have committed an act or acts defined in subparagraph42(ii) of paragraph (k) of subdivision six of section one hundred thirty-43seven of this chapter]. Further, in the event that such a sanction is 44 imposed, an incarcerated individual shall not be required to begin serv- 45 ing such sanction until the reviews required by paragraph (b) of this 46 subdivision have been completed; provided, however that in extraordinary 47 circumstances where an incarcerated individual's conduct poses an imme- 48 diate unacceptable threat to the safety of incarcerated individuals or 49 staff, or to the security of the facility an incarcerated individual may 50 be immediately moved to [a residential rehabilitation unit] segregated 51 confinement. The determination that an immediate transfer to [a resi-52dential rehabilitation unit] segregated confinement is necessary shall 53 be made by the highest ranking facility security supervisor in consulta- 54 tion with a mental health clinician. 55 (b) The joint case management committee shall review any disciplinary 56 disposition imposing a sanction of segregated confinement at its nextS. 9378 6 1 scheduled meeting. Such review shall take into account the incarcerated 2 individual's mental condition and safety and security concerns. The 3 joint case management committee may only thereafter recommend the 4 removal of the incarcerated individual in exceptional circumstances 5 where the incarcerated individual [commits an act or acts defined in6subparagraph (ii) of paragraph (k) of subdivision six of section one7hundred thirty-seven of this chapter and] poses a significant and unrea- 8 sonable risk to the safety of incarcerated individuals or staff or to 9 the security of the facility. In the event that the incarcerated indi- 10 vidual was immediately moved to segregated confinement, the joint case 11 management committee may recommend that the incarcerated individual 12 continue to serve such sanction only in exceptional circumstances where 13 the incarcerated individual [commits an act or acts defined in subpara-14graph (ii) of paragraph (k) of subdivision six of section one hundred15thirty-seven of this chapter and] poses a significant and unreasonable 16 risk to the safety of incarcerated individuals or staff or to the secu- 17 rity of the facility. If a determination is made that the incarcerated 18 individual shall not be required to serve all or any part of the segre- 19 gated confinement sanction, the joint case management committee may 20 instead recommend that a less restrictive sanction should be imposed. 21 The recommendations made by the joint case management committee under 22 this paragraph shall be documented in writing and referred to the super- 23 intendent for review and if the superintendent disagrees, the matter 24 shall be referred to the joint central office review committee for a 25 final determination. The administrative process described in this para- 26 graph shall be completed within fourteen days. If the result of such 27 process is that an incarcerated individual who was immediately trans- 28 ferred to [a residential rehabilitation unit] segregated confinement 29 should be removed from [such unit], segregated confinement such removal 30 shall occur as soon as practicable, and in no event longer than seven- 31 ty-two hours from the completion of the administrative process. 32 § 10. Subdivision 6 of section 401 of the correction law, as separate- 33 ly amended by section 9 of part NNN of chapter 59 and chapter 322 of the 34 laws of 2021, is amended to read as follows: 35 6. The department shall ensure that the curriculum for new correction 36 officers, and other new department staff who will regularly work in 37 programs providing mental health treatment for incarcerated individuals, 38 shall include at least eight hours of training about the types and symp- 39 toms of mental illnesses, the goals of mental health treatment, the 40 prevention of suicide and training in how to effectively and safely 41 manage incarcerated individuals with mental illness. Such training may 42 be provided by the office of mental health or the justice center for the 43 protection of people with special needs. All department staff who are 44 transferring into a residential mental health treatment unit shall 45 receive a minimum of eight additional hours of such training, and eight 46 hours of annual training as long as they work in such a unit. All secu- 47 rity, program services, mental health and medical staff with direct 48 incarcerated individual contact shall receive training each year regard- 49 ing identification of, and care for, incarcerated individuals with 50 mental illnesses. The department shall provide additional training on 51 these topics on an ongoing basis as it deems appropriate. [All staff52working in a residential mental health treatment unit shall also receive53the training mandated in paragraph (n) of subdivision six of section one54hundred thirty-seven of this chapter.] 55 § 11. Subdivision 4 of section 401-a of the correction law is 56 REPEALED.S. 9378 7 1 § 12. Subdivision 18 of section 45 of the correction law, as added by 2 chapter 93 of the laws of 2021, is REPEALED. 3 § 13. Section 500-k of the correction law, as separately amended by 4 chapters 93 and 322 of the laws of 2021, is amended to read as follows: 5 § 500-k. Treatment of incarcerated individuals. [1.] Subdivisions five 6 and six of section one hundred thirty-seven of this chapter, except 7 paragraphs (d) and (e) of subdivision six of such section, relating to 8 the treatment of incarcerated individuals in state correctional facili- 9 ties are applicable to incarcerated individuals confined in county 10 jails; except that the report required by paragraph (f) of subdivision 11 six of such section shall be made to a person designated to receive such 12 report in the rules and regulations of the state commission of 13 correction, or in any county or city where there is a department of 14 correction, to the head of such department. 15 [2. Notwithstanding any other section of law to the contrary, subdivi-16sion thirty-four of section two of this chapter, and subparagraphs (i),17(iv) and (v) of paragraph (j) and subparagraph (ii) of paragraph (m) of18subdivision six of section one hundred thirty-seven of this chapter19shall not apply to local correctional facilities with a total combined20capacity of five hundred inmates or fewer.] 21 § 14. This act shall take effect immediately.
