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A03196 Summary:

BILL NOA03196
 
SAME ASSAME AS S03035
 
SPONSORSimpson
 
COSPNSRMiller, Manktelow, McDonough, Brown K, DeStefano, Durso, Palmesano, Angelino, Mikulin, Gandolfo, Hawley, Norris, Slater, Blankenbush, Gibbs, Bendett
 
MLTSPNSR
 
Amd §§2, 137, 401 & 500-k, rpld §2 subs 33 & 34, §137 sub 6 ¶¶(h) - (o), §138 sub 7, §401-a sub 4, §45 sub 18, Cor L
 
Relates to segregated confinement; provides that certain incarcerated individuals shall not be placed in a residential rehabilitation unit; makes related provisions.
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A03196 Actions:

BILL NOA03196
 
02/02/2023referred to correction
05/24/2023held for consideration in correction
01/03/2024referred to correction
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A03196 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3196
 
SPONSOR: Simpson
  TITLE OF BILL: An act to amend the correction law, in relation to confinement; and to repeal certain provisions of such law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: To repeal the Humane Alternatives to Long-Term Solitary Confinement (HALT) Act enacted in Chapter 93 of the Laws-of 2021 and subsequent amendments   SUMMARY OF PROVISIONS: Section 1 amends subdivision 23 of section 2 of the correction law to reflect the original language prior to the enactment of the HALT Act Section 2 repeals subdivisions 33 and 34 of the correction law. Section 3 amends paragraph (a) of subdivision 6 of section 137 of the correction law to reflect the original language prior to the enactment of the HALT Act. Section 4 amends paragraph (d) of subdivision 6 of section 137 of the correction law to reflect the original language prior to the enactment of the HALT Act. Section 5 repeals paragraphs (h) through (o) of subdivision 6 of section 137 of the correction law. Section 6 repeals subdivision 7 of section 138 of the correction law. Section 7 amends subdivision 1 of section 401 of the correction law to reflect the original language prior to the enactment of the HALT Act. Section 8 amends subparagraph (i) of paragraph (a) of subdivision 2 of section 401 of the correction law to reflect the original language prior to the enactment of the HALT Act. Section 9 amends subdivision 5 of section 401 of the correction law to Section 10 amends subdivision 6 of section 401 of the correction law to reflect the original language prior to the enactment of the HALT Act. Section 11 repeals subdivision 4 of section 401-a of the correction law. Section 12 repeals subdivision 18 of section 45 of the correction law. Section 13 amends section 500-k of the correction law to reflect the original language prior to the enactment of the HALT Act   JUSTIFICATION: New York prisons are experiencing an unprecedented level of violence threatening the well-being and safety of staff and incarcerated individ- uals. From 2011 to 2021, assaults on incarcerated individuals increased by 66 percent, while assaults on staff increased by 109 percent. In response to the out-of-control violence among the prison population, Acting Commissioner of the Department of Corrections and Community Supervision (DOCCS), Anthony Annucci sent a memorandum to all inmates within the state prison system addressing the "sheer savagery of the assault, the randomness of the assault, and the lack of precipitating event before the assault."As violence within our jails and prisons continue to rise, and our incarcerated• population and the dedicated staff that work in our jails in prisons are at constantly increasing risk of attack and injury, the HALT Act, which went into effect on March 31, 2022, has severely restricted the ability to use segregated confine- ment for prisoners that break the rules and engage in violent behavior. This is one of the most crucial tools that correctional facilities have to keep people safe, and in a time when our correctional facilities have never been more dangerous, hindering the ability to remove violent inmates from the prison population is reckless and will only increase this crisis This bill would repeal the HALT Act and restore the tools necessary to keep our incarcerated population and the staff safe and finally put an end to the epidemic of violence within our correctional facilities.   PRIOR LEGISLATIVE HISTORY: 2021-22: A10593 referred to correction/ S9378 referred to crime victims, crime and correction   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined   EFFECTIVE DATE: This act shall take place immediately
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A03196 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3196
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced  by M. of A. SIMPSON, MILLER, MANKTELOW, McDONOUGH, K. BROWN,
          DeSTEFANO, DURSO,  PALMESANO,  ANGELINO,  MIKULIN,  GANDOLFO,  HAWLEY,
          NORRIS -- read once and referred to the Committee on 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  than
     6  seventeen hours a day other than in a facility-wide emergency or for the
     7  purpose  of  providing medical or mental health treatment. Cell confine-
     8  ment that is implemented due to medical or mental health treatment shall
     9  be within a clinical area in the correctional facility or  in  as  close
    10  proximity  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;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06735-01-3

        A. 3196                             2
 
     1    § 4. Paragraph (d) of subdivision 6 of section 137 of  the  correction
     2  law,  as  separately amended by chapters 93 and 322 of the laws of 2021,
     3  clauses (A) and (E)  of  subparagraph  (ii)  as  separately  amended  by
     4  section  1  and  subparagraph (iv) as separately amended by section 2 of
     5  part  NNN  of  chapter  59  of  the  laws of 2021, is amended to read as
     6  follows:
     7    (d) (i) Except as set forth in clause (E) of subparagraph (ii) of this
     8  paragraph, the department, in consultation  with  mental  health  clini-
     9  cians,  shall  divert  or  remove  incarcerated individuals with serious
    10  mental illness, as defined in paragraph (e) of  this  subdivision,  from
    11  segregated  confinement  [or confinement in a residential rehabilitation
    12  unit], where such confinement could  potentially  be  for  a  period  in
    13  excess  of  thirty  days, to a residential mental health treatment unit.
    14  Nothing in this paragraph shall be deemed to  prevent  the  disciplinary
    15  process  from  proceeding  in accordance with department rules and regu-
    16  lations for disciplinary hearings.
    17    (ii) (A) Upon placement of an incarcerated individual into  segregated
    18  confinement  [or  a  residential  rehabilitation unit] at a level one or
    19  level two facility, a suicide prevention screening instrument  shall  be
    20  administered by staff from the department or the office of mental health
    21  who  has  been  trained for that purpose. If such a screening instrument
    22  reveals that the incarcerated individual is at risk of suicide, a mental
    23  health clinician shall be consulted and appropriate  safety  precautions
    24  shall  be  taken. Additionally, within one business day of the placement
    25  of such an incarcerated individual  into  segregated  confinement  at  a
    26  level  one or level two facility [or a residential rehabilitation unit],
    27  the incarcerated individual shall be assessed by a mental health  clini-
    28  cian.
    29    (B)  Upon  placement  of  an  incarcerated  individual into segregated
    30  confinement [or a residential rehabilitation unit] at a level  three  or
    31  level  four facility, a suicide prevention screening instrument shall be
    32  administered by staff from the department or the office of mental health
    33  who has been trained for that purpose. If such  a  screening  instrument
    34  reveals that the incarcerated individual is at risk of suicide, a mental
    35  health  clinician  shall be consulted and appropriate safety precautions
    36  shall be  taken.  All  incarcerated  individuals  placed  in  segregated
    37  confinement  [or  a residential rehabilitation unit] at a level three or
    38  level four facility shall be assessed  by  a  mental  health  clinician,
    39  within  [seven] fourteen days of such placement into segregated confine-
    40  ment.
    41    (C) At the initial assessment, if the mental  health  clinician  finds
    42  that  an  incarcerated individual suffers from a serious mental illness,
    43  [that person shall be diverted or removed from segregated confinement or
    44  a residential rehabilitation unit and] a recommendation  shall  be  made
    45  whether  exceptional  circumstances,  as described in clause (E) of this
    46  subparagraph, exist. In a facility with a joint case management  commit-
    47  tee,  such recommendation shall be made by such committee. In a facility
    48  without a joint case management committee, the recommendation  shall  be
    49  made jointly by a committee consisting of the facility's highest ranking
    50  mental health clinician, the deputy superintendent for security, and the
    51  deputy  superintendent  for  program services, or their equivalents. Any
    52  such recommendation shall be reviewed by the joint central office review
    53  committee. The administrative process described in this clause shall  be
    54  completed within [seven] fourteen days of the initial assessment, and if
    55  the result of such process is that the incarcerated individual should be
    56  removed  from  segregated  confinement  [or a residential rehabilitation

        A. 3196                             3

     1  unit], such removal shall occur as soon as practicable, but in no  event
     2  more  than  seventy-two  hours from the completion of the administrative
     3  process. [Pursuant to paragraph (h) of this subdivision, nothing in this
     4  section  shall permit the placement of an incarcerated person with seri-
     5  ous mental illness into segregated confinement at any time, even for the
     6  purposes of assessment.]
     7    (D) If an incarcerated individual with a serious mental illness is not
     8  diverted or removed to a residential mental health treatment unit,  such
     9  incarcerated  individual  shall  be [diverted to a residential rehabili-
    10  tation unit and] reassessed by a mental health clinician within fourteen
    11  days of the initial assessment and at least  once  every  fourteen  days
    12  thereafter.  After  each such additional assessment, a recommendation as
    13  to whether such incarcerated individual should be removed from [a  resi-
    14  dential  rehabilitation  unit]  segregated confinement shall be made and
    15  reviewed according to the process  set  forth  in  clause  (C)  of  this
    16  subparagraph.
    17    (E) A recommendation or determination whether to remove an incarcerat-
    18  ed  individual  from  segregated confinement [or a residential rehabili-
    19  tation unit] shall take into account the assessing mental health  clini-
    20  cians' opinions as to the incarcerated individual's mental condition and
    21  treatment needs, and shall also take into account any safety and securi-
    22  ty  concerns  that  would  be  posed  by  the  incarcerated individual's
    23  removal, even if additional restrictions were placed on the incarcerated
    24  individual's access to treatment, property, services or privileges in  a
    25  residential  mental  health treatment unit. A recommendation or determi-
    26  nation shall direct the incarcerated individual's  removal  from  segre-
    27  gated  confinement  [or a residential rehabilitation unit] except in the
    28  following exceptional circumstances: (1) when the  reviewer  finds  that
    29  removal  would pose a substantial risk to the safety of the incarcerated
    30  individual or other persons, or a substantial threat to the security  of
    31  the  facility, even if additional restrictions were placed on the incar-
    32  cerated individual's access to treatment, property, services  or  privi-
    33  leges  in  a  residential  mental health treatment unit; or (2) when the
    34  assessing mental health clinician determines that such placement  is  in
    35  the  incarcerated individual's best interests based on his or her mental
    36  condition and that removing such incarcerated individual to  a  residen-
    37  tial  mental  health  treatment  unit would be detrimental to his or her
    38  mental condition. Any determination not to remove an incarcerated  indi-
    39  vidual  with  serious  mental illness from [a residential rehabilitation
    40  unit] segregated confinement shall be documented in writing and  include
    41  the reasons for the determination.
    42    (iii) Incarcerated individuals with serious mental illness who are not
    43  diverted  or removed from [a residential rehabilitation unit] segregated
    44  confinement shall be offered a heightened level of [mental health] care,
    45  involving a minimum of [three] two hours [daily] each day, five  days  a
    46  week,  of  out-of-cell  therapeutic  treatment  and  programming.   This
    47  heightened level of care shall not be  offered  only  in  the  following
    48  circumstances:
    49    (A)  The heightened level of care shall not apply when an incarcerated
    50  individual with serious mental illness does not, in the reasonable judg-
    51  ment of a mental health clinician, require the heightened level of care.
    52  Such determination shall be documented with a written statement  of  the
    53  basis  of  such  determination  and shall be reviewed by the Central New
    54  York Psychiatric Center clinical director or his or her designee. Such a
    55  determination is subject to change should the incarcerated  individual's
    56  clinical  status  change. Such determination shall be reviewed and docu-

        A. 3196                             4
 
     1  mented by a mental health clinician every thirty days, and in  consulta-
     2  tion  with  the Central New York Psychiatric Center clinical director or
     3  his or her designee not less than every ninety days.
     4    (B)  The  heightened  level  of  care  shall  not apply in exceptional
     5  circumstances when providing such care would create an unacceptable risk
     6  to the safety and security of incarcerated individuals  or  staff.  Such
     7  determination  shall  be  documented by security personnel together with
     8  the basis of such determination and shall be reviewed  by  the  facility
     9  superintendent, in consultation with a mental health clinician, not less
    10  than every seven days for as long as the incarcerated individual remains
    11  in  [a  residential  rehabilitation  unit]  segregated  confinement. The
    12  facility shall attempt to resolve such exceptional circumstances so that
    13  the heightened level of  care  may  be  provided.  If  such  exceptional
    14  circumstances  remain  unresolved  for  thirty days, the matter shall be
    15  referred to the joint central office review committee for review.
    16    (iv) Incarcerated individuals with serious mental illness who are  not
    17  diverted or removed from segregated confinement shall not be placed on a
    18  restricted  diet, unless there has been a written determination that the
    19  restricted diet is necessary for reasons of safety and  security.  If  a
    20  restricted diet is imposed, it shall be limited to seven days, except in
    21  the  exceptional circumstances where the joint case management committee
    22  determines that limiting the restricted diet to seven days would pose an
    23  unacceptable risk to the safety and security of incarcerated individuals
    24  or staff. In such case, the need for a restricted diet  shall  be  reas-
    25  sessed by the joint case management committee every seven days.
    26    (v)  All incarcerated individuals in segregated confinement in a level
    27  one or level two facility [or a residential rehabilitation unit] who are
    28  not assessed with a serious mental illness  at  the  initial  assessment
    29  shall  be  offered at least one interview with a mental health clinician
    30  within [seven] fourteen days of their initial mental health  assessment,
    31  and  additional interviews at least every thirty days thereafter, unless
    32  the mental health clinician at the most recent interview  recommends  an
    33  earlier  interview  or  assessment.  All  incarcerated individuals in [a
    34  residential rehabilitation unit] segregated confinement in a level three
    35  or level four facility who  are  not  assessed  with  a  serious  mental
    36  illness  at  the initial assessment shall be offered at least one inter-
    37  view with a mental health clinician within thirty days of their  initial
    38  mental health assessment, and additional interviews at least every nine-
    39  ty  days  thereafter,  unless  the  mental  health clinician at the most
    40  recent interview recommends an earlier interview or assessment.
    41    § 5. Paragraphs (h), (i), (j), (k), (l), (m), (n) and (o) of  subdivi-
    42  sion 6 of section 137 of the correction law are REPEALED.
    43    § 6. Subdivision 7 of section 138 of the correction law is REPEALED.
    44    § 7. Subdivision 1 of section 401 of the correction law, as separately
    45  amended  by  chapters 93 and 322 of the laws of 2021, is amended to read
    46  as follows:
    47    1. The commissioner, in cooperation with the  commissioner  of  mental
    48  health,  shall establish programs, including but not limited to residen-
    49  tial mental health treatment units, in such correctional  facilities  as
    50  he  or she may deem appropriate for the treatment of mentally ill incar-
    51  cerated individuals confined in state correctional facilities who are in
    52  need of psychiatric services but who do not require hospitalization  for
    53  the  treatment  of mental illness. Incarcerated individuals with serious
    54  mental illness shall receive therapy and programming  in  settings  that
    55  are appropriate to their clinical needs while maintaining the safety and
    56  security of the facility.

        A. 3196                             5
 
     1    [The conditions and services provided in the residential mental health
     2  treatment units shall be at least comparable to those in all residential
     3  rehabilitation  units, and all residential mental health treatment units
     4  shall be in compliance with all provisions of paragraphs (i), (j),  (k),
     5  and  (l)  of subdivision six of section one hundred thirty-seven of this
     6  chapter. Residential mental health treatment units that are either resi-
     7  dential mental health unit models or behavioral health unit models shall
     8  also be in compliance with all provisions of paragraph (m)  of  subdivi-
     9  sion six of section one hundred thirty-seven of this chapter.
    10    The  residential  mental health treatment units shall also provide the
    11  additional mental health treatment, services, and programming delineated
    12  in this section.] The administration and operation  of  programs  estab-
    13  lished pursuant to this section shall be the joint responsibility of the
    14  commissioner  of  mental  health  and the commissioner. The professional
    15  mental health care  personnel,  and  their  administrative  and  support
    16  staff,  for  such  programs  shall  be employees of the office of mental
    17  health. All other personnel shall be employees of the department.
    18    § 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401
    19  of the correction law, as amended by chapter 486 of the laws of 2022, is
    20  amended to read as follows:
    21    (i) In exceptional circumstances, a mental health  clinician,  or  the
    22  highest  ranking  facility  security  supervisor  in consultation with a
    23  mental health clinician who has interviewed the incarcerated individual,
    24  may determine that an incarcerated individual's  access  to  out-of-cell
    25  therapeutic  programming and/or mental health treatment in a residential
    26  mental health treatment unit presents an unacceptable risk to the safety
    27  of incarcerated individuals or staff. Such determination shall be  docu-
    28  mented  in writing and [such incarcerated individual may be removed to a
    29  residential rehabilitation unit that is not a residential mental  health
    30  treatment  unit]  where alternative mental health treatment and/or other
    31  therapeutic programming, as determined by  a  mental  health  clinician,
    32  shall be provided.
    33    § 9. Subdivision 5 of section 401 of the correction law, as separately
    34  amended  by  chapters 93 and 322 of the laws of 2021, is amended to read
    35  as follows:
    36    5. (a) An incarcerated  individual  in  a  residential  mental  health
    37  treatment  unit  shall not be sanctioned with segregated confinement for
    38  misconduct on the unit, or removed from the unit and  placed  in  segre-
    39  gated  confinement  [or  a  residential  rehabilitation unit], except in
    40  exceptional circumstances where such incarcerated  individual's  conduct
    41  poses  a significant and unreasonable risk to the safety of incarcerated
    42  individuals or staff, or to the security of the facility [and he or  she
    43  has  been found to have committed an act or acts defined in subparagraph
    44  (ii) of paragraph (k) of subdivision six of section one hundred  thirty-
    45  seven  of  this  chapter]. Further, in the event that such a sanction is
    46  imposed, an incarcerated individual shall not be required to begin serv-
    47  ing such sanction until the reviews required by paragraph  (b)  of  this
    48  subdivision have been completed; provided, however that in extraordinary
    49  circumstances  where an incarcerated individual's conduct poses an imme-
    50  diate unacceptable threat to the safety of incarcerated  individuals  or
    51  staff, or to the security of the facility an incarcerated individual may
    52  be  immediately  moved to [a residential rehabilitation unit] segregated
    53  confinement.  The determination that an immediate transfer to  [a  resi-
    54  dential  rehabilitation  unit] segregated confinement is necessary shall
    55  be made by the highest ranking facility security supervisor in consulta-
    56  tion with a mental health clinician.

        A. 3196                             6
 
     1    (b) The joint case management committee shall review any  disciplinary
     2  disposition  imposing  a  sanction of segregated confinement at its next
     3  scheduled meeting. Such review shall take into account the  incarcerated
     4  individual's  mental  condition  and  safety  and security concerns. The
     5  joint  case  management  committee  may  only  thereafter  recommend the
     6  removal of the  incarcerated  individual  in  exceptional  circumstances
     7  where  the  incarcerated  individual  [commits an act or acts defined in
     8  subparagraph (ii) of paragraph (k) of subdivision  six  of  section  one
     9  hundred thirty-seven of this chapter and] poses a significant and unrea-
    10  sonable  risk  to  the safety of incarcerated individuals or staff or to
    11  the security of the facility. In the event that the  incarcerated  indi-
    12  vidual  was  immediately moved to segregated confinement, the joint case
    13  management committee may  recommend  that  the  incarcerated  individual
    14  continue  to serve such sanction only in exceptional circumstances where
    15  the incarcerated individual [commits an act or acts defined in  subpara-
    16  graph  (ii)  of  paragraph (k) of subdivision six of section one hundred
    17  thirty-seven of this chapter and] poses a significant  and  unreasonable
    18  risk  to the safety of incarcerated individuals or staff or to the secu-
    19  rity of the facility. If a determination is made that  the  incarcerated
    20  individual  shall not be required to serve all or any part of the segre-
    21  gated confinement sanction, the  joint  case  management  committee  may
    22  instead  recommend  that  a less restrictive sanction should be imposed.
    23  The recommendations made by the joint case  management  committee  under
    24  this paragraph shall be documented in writing and referred to the super-
    25  intendent  for  review  and  if the superintendent disagrees, the matter
    26  shall be referred to the joint central office  review  committee  for  a
    27  final  determination. The administrative process described in this para-
    28  graph shall be completed within fourteen days. If  the  result  of  such
    29  process  is  that  an incarcerated individual who was immediately trans-
    30  ferred to [a residential  rehabilitation  unit]  segregated  confinement
    31  should  be removed from [such unit], segregated confinement such removal
    32  shall occur as soon as practicable, and in no event longer  than  seven-
    33  ty-two hours from the completion of the administrative process.
    34    § 10. Subdivision 6 of section 401 of the correction law, as separate-
    35  ly amended by section 9 of part NNN of chapter 59 and chapter 322 of the
    36  laws of 2021, is amended to read as follows:
    37    6.  The department shall ensure that the curriculum for new correction
    38  officers, and other new department staff  who  will  regularly  work  in
    39  programs providing mental health treatment for incarcerated individuals,
    40  shall include at least eight hours of training about the types and symp-
    41  toms  of  mental  illnesses,  the  goals of mental health treatment, the
    42  prevention of suicide and training in  how  to  effectively  and  safely
    43  manage  incarcerated  individuals with mental illness. Such training may
    44  be provided by the office of mental health or the justice center for the
    45  protection of people with special needs. All department  staff  who  are
    46  transferring  into  a  residential  mental  health  treatment unit shall
    47  receive a minimum of eight additional hours of such training, and  eight
    48  hours  of annual training as long as they work in such a unit. All secu-
    49  rity, program services, mental health  and  medical  staff  with  direct
    50  incarcerated individual contact shall receive training each year regard-
    51  ing  identification  of,  and  care  for,  incarcerated individuals with
    52  mental illnesses. The department shall provide  additional  training  on
    53  these  topics  on  an  ongoing basis as it deems appropriate. [All staff
    54  working in a residential mental health treatment unit shall also receive
    55  the training mandated in paragraph (n) of subdivision six of section one
    56  hundred thirty-seven of this chapter.]

        A. 3196                             7
 
     1    § 11. Subdivision  4  of  section  401-a  of  the  correction  law  is
     2  REPEALED.
     3    § 12. Subdivision 18 of section 45 of the correction law is REPEALED.
     4    §  13.  Section  500-k of the correction law, as separately amended by
     5  chapters 93 and 322 of the laws of 2021 and subdivision 2 as amended  by
     6  chapter 486 of the laws of 2022, is amended to read as follows:
     7    § 500-k. Treatment of incarcerated individuals. [1.] Subdivisions five
     8  and  six  of  section  one  hundred thirty-seven of this chapter, except
     9  paragraphs (d) and (e) of subdivision six of such section,  relating  to
    10  the  treatment of incarcerated individuals in state correctional facili-
    11  ties are applicable  to  incarcerated  individuals  confined  in  county
    12  jails;  except  that the report required by paragraph (f) of subdivision
    13  six of such section shall be made to a person designated to receive such
    14  report  in  the  rules  and  regulations  of  the  state  commission  of
    15  correction,  or  in  any  county  or city where there is a department of
    16  correction, to the head of such department.
    17    [2. Notwithstanding any other section of law to the contrary, subdivi-
    18  sion thirty-four of section two of this chapter, and subparagraphs  (i),
    19  (iv)  and (v) of paragraph (j) and subparagraph (ii) of paragraph (m) of
    20  subdivision six of section one  hundred  thirty-seven  of  this  chapter
    21  shall  not  apply to local correctional facilities with a total combined
    22  capacity of five hundred incarcerated individuals or fewer.]
    23    § 14. This act shall take effect immediately.
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