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A06959 Summary:

BILL NOA06959
 
SAME ASSAME AS S00431
 
SPONSORDilan
 
COSPNSR
 
MLTSPNSR
 
Amd §2, Cor L
 
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.
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A06959 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6959
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 18, 2025
                                       ___________
 
        Introduced  by M. of A. DILAN -- read once and referred to the Committee
          on 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:

     1    Section 1. Section 2 of the correction law is amended by adding  three
     2  new subdivisions 35, 36 and 37 to read as follows:
     3    35.  "Cell"  means any room, area or space that is used or is intended
     4  to be used by an incarcerated individual for sleep; or any  room,  area,
     5  or  space  that is not a shared space conducive to meaningful congregate
     6  social interaction among many people in a group setting appropriate  for
     7  the  number  of  people  in  the space without physical barriers between
     8  people where a person or persons are held for any purpose; or any  room,
     9  area, or space in that is not out-of-cell.
    10    36. "Cell confinement" means being in a cell.
    11    37.  "Out-of-cell"  means  being  in a space outside of and in an area
    12  away from a cell, in a group setting (including a group classroom,  open
    13  group  recreation  yard,  group  library  or  law library, group contact
    14  visits room, or other equivalent space), with many other people  all  in
    15  the  same  shared space without physical barriers between people that is
    16  conducive to meaningful congregate social interaction and activity among
    17  the number of people in the space,  for  purposes  including  congregate
    18  programming,  congregate  recreation, congregate contact visits, congre-
    19  gate library services, congregate law library services, congregate jobs,
    20  congregate meals, or equivalent congregate activities;  or  being  in  a
    21  space  outside  of  and  in  an area away from a cell during the time of
    22  medical treatment, individual counseling, an attorney visit,  or  equiv-
    23  alent  service,  in a setting conducive to the provision of such service
    24  with a person in custody in the same shared  space  with  their  service
    25  provider without physical barriers between them.
    26    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01641-01-5
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