Relates to certain conduct that may place a person in segregated confinement; expands the criteria that can be used for calculating good behavior allowances.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10430
SPONSOR: DiPietro TITLE OF BILL:
An act to amend the correction law, in relation to reforming the use of
segregated confinement and creating alternative therapeutic and rehabi-
litative confinement options
PURPOSE OR GENERAL IDEA OF BILL:
To codify into law proposed amendments to the Humane Alternatives to
Long-Term Solitary Confinement (HALT) Act made by the HALT Committee,
with the goal of improving safety and security for all staff and incar-
cerated individuals in state correctional facilities,
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends paragraph (i) of subdivision 6 of Section 137 of the
correction law to grant the Department of Corrections and Community
Supervision (DOCCS) the ability, in cases where incarcerated individuals
commit repeat offenses while confined to disciplinary housing, to
provide the required four hours of daily out-of-cell time in a therapeu-
tic or recreational setting that addresses their misconduct without
causing disruption to others.
Section 2; Amends paragraph (k) of subdivision 6 of Section 137 of the
correction law to expand segregated confinement (SHU) eligibility to
apply to those who commit either: (1) an enumerated act; or (2) an act
so heinous or destructive that placement in general population housing
would create a significant risk of physical injury and create an unrea-
sonable risk to the security of the facility.
Expands the list of acts eligible for segregated confinement to include:
(1) committing an act consistent with a crime defined as a violent felo-
ny offense under penal law; (2) engaging in lewd conduct or sexual
harassment directed at an employee, incarcerated individual, or other
person at a correctional facility; (3) committing conduct consistent
with the penal law crime of aggravated harassment of an employee by an
incarcerated individual; (4) engaging in a pattern of extortion in
connection with a gang, unauthorized organization, or criminal enter-
prise; and (5) removing language that limits those who participate in an
escape or riot from being placed in segregated confinement.
Allows individuals in general population who commit recidivist miscon-
duct (at least three separate acts committed within the preceding 30
days that do not qualify for segregated confinement), to be placed in
segregated confinement or a residential rehabilitation unit for up to 15
days.
Permits individuals under protective custody to be temporarily placed in
segregated confinement, for up to three days, with access to seven hours
of daily out-of-cell time, when no other suitable alternative housing is
readily available.
Section 3: Amends subdivision 3 of section 803 of the correction law to
direct the commissioner of DOCCS to promulgate, amend, or modify rules
to require that due consideration be given to an incarcerated individ-
ual's personal growth, demonstrated accomplishments, institutional
adjustment, and rehabilitation efforts when granting, restoring, with-
holding, forfeiting or cancelling merit time allowances,
Section 4: This act shall take effect on the ninetieth day after it
shall have become law.
JUSTIFICATION:
The HALT Committee was established, as part of the March 2025 Memorandum
of Agreement (MOA) between the New York State Correctional Officers and
Police Benevolent Association (NYSCOPBA) and the State of New York, to
address concerns regarding employee safety and quality of working life
inside DOCCS' facilities, The HALT Committee was tasked with reviewing
the HALT Act in its current form, proposing amendments, and submitting
these recommendations to the Governor and to the New York State Legisla-
ture,
The Committee was comprised of representatives from NYSCOPBA, DOCCS, the
Office of Employee Relations (OER), the Division of Criminal Justice
Services (DCJS) and other unions representing DOCCS' employees (Council
82, CSEA, PEF), with input from independent stakeholders including the
Correctional Association of New York (CANY), the New York Civil Liber-
ties Union (NYCLU) and Prisoners' Legal Services of New York (PLS). In
September 2025, the Committee unanimously approved 10 recommendations to
improve safety and security and reinforce the role of rehabilitation in
state correctional facilities. This bill amends the HALT Act and
includes all 10 recommendations made by the HALT Committee, summarized
below:
Expanding misconduct/offenses eligible for segregated confinement.
Revising definitions to align with penal law crimes, especially regard-
ing all violent felony offenses.
Permitting short-term segregated confinement for ongoing misbehavior
that is not eligible for disciplinary confinement committed in general
confinement,
Reducing subjectivity in determining rioting or escape offenses. Allow-
ing short-term protective custody in segregated confinement when no safe
housing alternative is available.
Giving DOCCS flexibility in administering out-of-cell programming and
managing repeat offenders.
Expanding considerations relating to good time allowances.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
