S05906 Summary:

BILL NOS05906
 
SAME ASNo same as
 
SPONSORMONTGOMERY
 
COSPNSRPERKINS
 
MLTSPNSR
 
Amd SS137 & 500-k, Cor L
 
Relates to the segregated confinement of inmates with serious mental illness.
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S05906 Actions:

BILL NOS05906
 
10/05/2011REFERRED TO RULES
01/04/2012REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
02/21/2012NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
03/07/2012DEFEATED IN CRIME VICTIMS, CRIME AND CORRECTION
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S05906 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5906
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                     October 5, 2011
                                       ___________
 
        Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules
 
        AN ACT to amend the correction law, in relation to limiting  the  segre-
          gated  confinement  of persons in a correctional facility with serious
          mental illness
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraphs  (c),  (d),  (e)  and  (f) of subdivision 6 of
     2  section 137 of the correction law are relettered  paragraphs  (e),  (f),
     3  (g)  and  (h)  and two new paragraphs (c) and (d) are added and subpara-
     4  graph (i) of paragraph (f), as amended by chapter 1 of the laws of  2008
     5  and as relettered by this section, is amended to read as follows:
     6    (c)  Inmates  shall  not  be  in  segregated confinement for reason of
     7  discipline, detention, administrative segregation,  protective  custody,
     8  keeplock, or any other reason for admission, unless they have engaged in
     9  highly  dangerous,  violent  or  serious  escape-related  behavior while
    10  incarcerated in that facility;

    11    (d) Confinement in segregated confinement shall be limited to not more
    12  than ninety days, except for an inmate whose behavior exposes a  pattern
    13  of  extreme  violence  or danger to himself or others and, provided that
    14  for those confined longer than ninety days,  there  shall  be  a  review
    15  every  ninety  days  by  an independent review board, to be known as the
    16  inmate's special  housing  unit  review  council  to  determine  whether
    17  continued  segregated confinement is warranted and necessary. Such coun-
    18  cil shall be composed of seven members appointed by  the  governor  with
    19  the  advice  and  consent of the senate. One member shall be an attorney
    20  admitted to practice law in this state, one member  shall  be  a  mental

    21  health  professional,  one  member  shall  be  a criminal justice expert
    22  appointed from within employees of the state university system, and  one
    23  member shall be a former inmate;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13525-01-1

        S. 5906                             2
 
     1    (i)  Except  as  set  forth in clause (E) of subparagraph (ii) of this
     2  paragraph, the department, in consultation  with  mental  health  clini-
     3  cians,  shall  divert  to a residential mental health treatment unit, or
     4  shall  remove  inmates  with  serious  mental  illness  from  segregated

     5  confinement,  whether  such  serious mental illness, as defined in para-
     6  graph [(e)] (g) of this subdivision, [from segregated confinement, where
     7  such confinement could potentially be for a period in excess  of  thirty
     8  days,  to  a  residential  mental  health  treatment unit] preceded such
     9  confinement or developed during the course of such confinement.  Nothing
    10  in this paragraph shall be deemed to prevent  the  disciplinary  process
    11  from  proceeding in accordance with department rules and regulations for
    12  disciplinary hearings.
    13    § 2. Section 500-k of the correction law, as amended by chapter  2  of
    14  the laws of 2008, is amended to read as follows:
    15    §  500-k.  Treatment  of inmates. Subdivisions five and six of section

    16  one hundred thirty-seven of this chapter, except  paragraphs  [(d)]  (f)
    17  and [(e)] (g) of subdivision six of such section, relating to the treat-
    18  ment  of  inmates  in  state  correctional  facilities are applicable to
    19  inmates confined in county jails; except that  the  report  required  by
    20  paragraph  [(f)] (h) of subdivision six of such section shall be made to
    21  a person designated to receive such report in the rules and  regulations
    22  of  the  state  commission of correction, or in any county or city where
    23  there is a department of [correction] correctional services, to the head
    24  of such department.
    25    § 3. This act shall take effect on the one hundred twentieth day after
    26  it shall have become a law. Effective immediately, the addition,  amend-

    27  ment and/or repeal of any rule or regulation necessary for the implemen-
    28  tation  of this act on its effective date is authorized to be made on or
    29  before such date.
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