S00436 Summary:

BILL NOS00436
 
SAME ASNo Same As
 
SPONSORGALLIVAN
 
COSPNSR
 
MLTSPNSR
 
Amd S137, Cor L
 
Provides out-of-cell programming for adolescents.
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S00436 Actions:

BILL NOS00436
 
01/07/2015REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
01/06/2016REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
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S00436 Memo:

Memo not available
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S00436 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           436
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by Sen. GALLIVAN -- 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 requiring structured
          out-of-cell programming for  adolescents  in  segregated  disciplinary
          confinement
 
          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 1 of the laws of 2008, is
     3  amended to read as follows:
     4    Except as provided in paragraphs (d) [and], (e) and (g) of this subdi-
     5  vision, the superintendent of  a  correctional  facility  may  keep  any
     6  inmate  confined  in  a  cell  or  room,  apart  from the accommodations
     7  provided for inmates who are participating in programs of the  facility,
     8  for  such  period as may be necessary for maintenance of order or disci-
     9  pline, but in any such case the following conditions shall be observed:
    10    § 2. Subdivision 6 of section 137 of the correction law is amended  by
    11  adding a new paragraph (g) to read as follows:
    12    (g)  Contingent  on  the  department's ability to secure the necessary
    13  funding, the department shall ensure that even under the  most  restric-
    14  tive  form  of  disciplinary  housing,  sixteen  and  seventeen year old
    15  inmates shall five days a week be offered  out-of-cell  programming  and
    16  outdoor  exercise, limiting time in their cells to nineteen hours a day,
    17  except in exceptional circumstances to be determined by the  commission-
    18  er.
    19    § 3. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01368-01-5
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