A02500 Summary:

BILL NOA02500
 
SAME ASSAME AS S01623
 
SPONSORAubry (MS)
 
COSPNSROrtiz, Stirpe, Epstein, Reyes, Zebrowski, Fernandez, Sayegh, Romeo, Taylor, Quart, McDonald, Rosenthal D, Fall, Eichenstein, Cruz, Niou, Raynor, Frontus
 
MLTSPNSRAbinanti, Arroyo, Barrett, Barron, Benedetto, Bichotte, Blake, Bronson, Cahill, Carroll, Colton, Cook, Crespo, Cusick, Davila, De La Rosa, DenDekker, Dickens, Dilan, Dinowitz, D'Urso, Englebright, Fahy, Galef, Glick, Gottfried, Hevesi, Hunter, Hyndman, Jaffee, Jean-Pierre, Joyner, Kim, Lavine, Lentol, Lifton, Lupardo, Mosley, Otis, Peoples-Stokes, Perry, Pichardo, Pretlow, Ramos, Richardson, Rivera, Rodriguez, Rosenthal L, Rozic, Seawright, Simon, Simotas, Solages, Steck, Thiele, Titus, Vanel, Walker, Weprin, Wright
 
Amd 137, 138, 2, 401, 401-a, 500-k & 45, Cor L
 
Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options; limits the length of time a person may be in segregated confinement and excludes certain persons from being placed in segregated confinement.
Go to top    

A02500 Actions:

BILL NOA02500
 
01/23/2019referred to correction
01/28/2019reported referred to codes
03/05/2019reported referred to ways and means
Go to top

A02500 Committee Votes:

CORRECTION Chair:Weprin DATE:01/28/2019AYE/NAY:9/2 Action: Favorable refer to committee Codes
WeprinAyeGiglioNay
OrtizAyeFinchExcused
ColtonAyePalmesanoNay
RozicAye
DavilaAye
MosleyAye
BlakeAbsent
WalkerAye
De La RosaAye
QuartAye

CODES Chair:Lentol DATE:03/05/2019AYE/NAY:15/7 Action: Favorable refer to committee Ways and Means
LentolAyeRaNay
SchimmingerNayGiglioNay
PretlowAyeMontesanoNay
CookAyeMorinelloNay
CymbrowitzAyePalumboNay
O'DonnellAyeGarbarinoNay
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

Go to top

A02500 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A02500 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2500
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2019
                                       ___________
 
        Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. ABINANTI,
          ARROYO,  BARRETT, BARRON, BENEDETTO, BICHOTTE, BLAKE, BRONSON, CAHILL,
          CARROLL, COOK, CRESPO, CUSICK,  DAVILA,  DE LA ROSA,  DICKENS,  DILAN,
          D'URSO,  ENGLEBRIGHT,  FAHY,  GALEF, GLICK, GOTTFRIED, HEVESI, HUNTER,
          HYNDMAN, JAFFEE, JEAN-PIERRE, JOYNER,  KIM,  LAVINE,  LENTOL,  LIFTON,
          LUPARDO,  MOSLEY,  ORTIZ, OTIS, PEOPLES-STOKES, PERRY, PICHARDO, PRET-
          LOW, QUART, RAMOS, RICHARDSON, RIVERA, RODRIGUEZ, L. ROSENTHAL, ROZIC,
          SEAWRIGHT, SIMON, SIMOTAS,  SOLAGES,  STECK,  STIRPE,  THIELE,  TITUS,
          VANEL, WALKER, WEPRIN, WRIGHT -- read once and referred to the Commit-
          tee on Correction
 
        AN  ACT  to amend the correction law, in relation to restricting the use
          of segregated confinement and  creating  alternative  therapeutic  and
          rehabilitative confinement options
 
          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 added
     2  by chapter 1 of the laws of 2008, is amended to read as follows:
     3    23. "Segregated confinement" means the [disciplinary]  confinement  of
     4  an  inmate  in [a special housing unit or in a separate keeplock housing
     5  unit.  Special housing units and separate  keeplock  units  are  housing
     6  units that consist of cells grouped so as to provide separation from the
     7  general  population,  and may be used to house inmates confined pursuant
     8  to the disciplinary procedures described in  regulations]  any  form  of
     9  cell  confinement  for  more  than seventeen hours a day other than in a
    10  facility-wide emergency or for  the  purpose  of  providing  medical  or
    11  mental  health  treatment.  Cell  confinement that is implemented due to
    12  medical or mental health treatment shall be within a  clinical  area  in
    13  the  correctional  facility  or  in  as  close proximity to a medical or
    14  mental health unit as possible.
    15    § 2. Section 2 of the correction law is  amended  by  adding  two  new
    16  subdivisions 32 and 33 to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05325-01-9

        A. 2500                             2
 
     1    32.  "Special  populations"  means any person: (a) twenty-one years of
     2  age or younger; (b) fifty-five years of age or older; (c) with  a  disa-
     3  bility  as defined in paragraph (a) of subdivision twenty-one of section
     4  two hundred ninety-two of the executive law; or (d) who is pregnant,  in
     5  the  first  eight  weeks of the post-partum recovery period after giving
     6  birth, or caring for a child in a correctional institution  pursuant  to
     7  subdivisions two or three of section six hundred eleven of this chapter.
     8    33.  "Residential  rehabilitation  unit" means a separate housing unit
     9  used for therapy, treatment, and rehabilitative programming of incarcer-
    10  ated people who have been determined to require more than  fifteen  days
    11  of segregated confinement pursuant to department proceedings. Such units
    12  shall  be therapeutic and trauma-informed, and aim to address individual
    13  treatment and rehabilitation needs and underlying causes of  problematic
    14  behaviors.
    15    §  3.  Paragraph (a) of subdivision 6 of section 137 of the correction
    16  law, as amended by chapter 490 of the laws of 1974, is amended  to  read
    17  as follows:
    18    (a)  The inmate shall be supplied with a sufficient quantity of whole-
    19  some and nutritious food[, provided, however, that such food need not be
    20  the same as the food  supplied  to  inmates  who  are  participating  in
    21  programs of the facility];
    22    §  4.  Paragraph (d) of subdivision 6 of section 137 of the correction
    23  law, as added by chapter 1 of the laws of 2008, is amended  to  read  as
    24  follows:
    25    (d) (i) Except as set forth in clause (E) of subparagraph (ii) of this
    26  paragraph,  the  department,  in  consultation with mental health clini-
    27  cians, shall divert or remove inmates with serious  mental  illness,  as
    28  defined  in  paragraph (e) of this subdivision, from segregated confine-
    29  ment or confinement in a residential  rehabilitation  unit,  where  such
    30  confinement  could potentially be for a period in excess of thirty days,
    31  to a residential mental health treatment unit.   Nothing in  this  para-
    32  graph  shall be deemed to prevent the disciplinary process from proceed-
    33  ing in accordance with department rules and regulations for disciplinary
    34  hearings.
    35    (ii) (A) Upon placement of an inmate into segregated confinement or  a
    36  residential  rehabilitation unit at a level one or level two facility, a
    37  suicide prevention screening instrument shall be administered  by  staff
    38  from  the department or the office of mental health who has been trained
    39  for that purpose. If such a screening instrument reveals that the inmate
    40  is at risk of suicide, a mental health clinician shall be consulted  and
    41  appropriate  safety precautions shall be taken. Additionally, within one
    42  business day of the placement of such an inmate into segregated confine-
    43  ment at a level one or level two facility, the inmate shall be  assessed
    44  by a mental health clinician.
    45    (B) Upon placement of an inmate into segregated confinement or a resi-
    46  dential  rehabilitation  unit at a level three or level four facility, a
    47  suicide prevention screening instrument shall be administered  by  staff
    48  from  the department or the office of mental health who has been trained
    49  for that purpose. If such a screening instrument reveals that the inmate
    50  is at risk of suicide, a mental health clinician shall be consulted  and
    51  appropriate  safety  precautions  shall  be taken. All inmates placed in
    52  segregated confinement or a residential rehabilitation unit at  a  level
    53  three or level four facility shall be assessed by a mental health clini-
    54  cian,  within  [fourteen]  seven  days of such placement into segregated
    55  confinement.

        A. 2500                             3
 
     1    (C) At the initial assessment, if the mental  health  clinician  finds
     2  that  an inmate suffers from a serious mental illness, that person shall
     3  be diverted or removed from  segregated  confinement  or  a  residential
     4  rehabilitation  unit  and  a recommendation shall be made whether excep-
     5  tional  circumstances,  as described in clause (E) of this subparagraph,
     6  exist. In a facility with a joint case management committee, such recom-
     7  mendation shall be made by such committee. In a facility without a joint
     8  case management committee, the recommendation shall be made jointly by a
     9  committee consisting of the facility's  highest  ranking  mental  health
    10  clinician, the deputy superintendent for security, and the deputy super-
    11  intendent for program services, or their equivalents. Any such recommen-
    12  dation  shall  be reviewed by the joint central office review committee.
    13  The administrative process described in this clause shall  be  completed
    14  within  [fourteen]  seven  days  of  the  initial assessment, and if the
    15  result of such process is that the inmate should be removed from  segre-
    16  gated  confinement  or  a  residential rehabilitation unit, such removal
    17  shall occur as soon as practicable, but in no event more  than  seventy-
    18  two hours from the completion of the administrative process. Pursuant to
    19  paragraph  (g) of this subdivision, nothing in this section shall permit
    20  the placement of an incarcerated person with serious mental illness into
    21  segregated confinement at any time, even for the purposes of assessment.
    22    (D) If an inmate with a serious mental  illness  is  not  diverted  or
    23  removed to a residential mental health treatment unit, such inmate shall
    24  be  diverted  to  a  residential rehabilitation unit and reassessed by a
    25  mental health clinician within fourteen days of the  initial  assessment
    26  and at least once every fourteen days thereafter.  After each such addi-
    27  tional  assessment, a recommendation as to whether such inmate should be
    28  removed from [segregated confinement] a residential rehabilitation  unit
    29  shall  be made and reviewed according to the process set forth in clause
    30  (C) of this subparagraph.
    31    (E) A recommendation or determination whether to remove an inmate from
    32  segregated confinement or a residential rehabilitation unit  shall  take
    33  into  account the assessing mental health clinicians' opinions as to the
    34  inmate's mental condition and treatment needs, and shall also take  into
    35  account  any  safety  and  security  concerns that would be posed by the
    36  inmate's removal, even if additional restrictions  were  placed  on  the
    37  inmate's  access  to  treatment,  property,  services or privileges in a
    38  residential mental health treatment unit. A recommendation  or  determi-
    39  nation  shall direct the inmate's removal from segregated confinement or
    40  a residential rehabilitation unit except in  the  following  exceptional
    41  circumstances:  (1)  when  the  reviewer finds that removal would pose a
    42  substantial risk to the safety of the inmate  or  other  persons,  or  a
    43  substantial  threat  to the security of the facility, even if additional
    44  restrictions were placed on the inmate's access to treatment,  property,
    45  services or privileges in a residential mental health treatment unit; or
    46  (2)  when  the  assessing  mental  health clinician determines that such
    47  placement is in the inmate's best interests based on his or  her  mental
    48  condition  and  that removing such inmate to a residential mental health
    49  treatment unit would be detrimental to his or her mental condition.  Any
    50  determination  not  to remove an inmate with serious mental illness from
    51  segregated confinement or a residential  rehabilitation  unit  shall  be
    52  documented in writing and include the reasons for the determination.
    53    (iii)  Inmates  with  serious  mental  illness who are not diverted or
    54  removed from [segregated confinement] a residential rehabilitation  unit
    55  shall  be  offered a heightened level of mental health care, involving a
    56  minimum of [two] three hours [each day, five  days  a  week,]  daily  of

        A. 2500                             4
 
     1  out-of-cell therapeutic treatment and programming. This heightened level
     2  of care shall not be offered only in the following circumstances:
     3    (A)  The  heightened level of care shall not apply when an inmate with
     4  serious mental illness does not, in the reasonable judgment of a  mental
     5  health  clinician,  require  the heightened level of care. Such determi-
     6  nation shall be documented with a written statement of the basis of such
     7  determination and shall be reviewed by the Central New York  Psychiatric
     8  Center clinical director or his or her designee. Such a determination is
     9  subject  to  change  should  the  inmate's  clinical status change. Such
    10  determination shall be reviewed and documented by a mental health clini-
    11  cian every thirty days, and in consultation with the  Central  New  York
    12  Psychiatric  Center  clinical  director  or his or her designee not less
    13  than every ninety days.
    14    (B) The heightened level  of  care  shall  not  apply  in  exceptional
    15  circumstances when providing such care would create an unacceptable risk
    16  to the safety and security of inmates or staff. Such determination shall
    17  be  documented  by  security  personnel  together with the basis of such
    18  determination and shall be reviewed by the facility  superintendent,  in
    19  consultation  with  a mental health clinician, not less than every seven
    20  days for as long as the inmate remains  in  [segregated  confinement]  a
    21  residential  rehabilitation unit.  The facility shall attempt to resolve
    22  such exceptional circumstances so that the heightened level of care  may
    23  be  provided.  If  such  exceptional circumstances remain unresolved for
    24  thirty days, the matter shall be referred to the  joint  central  office
    25  review committee for review.
    26    (iv)  [Inmates  with  serious  mental  illness who are not diverted or
    27  removed from segregated confinement shall not be placed on a  restricted
    28  diet,  unless there has been a written determination that the restricted
    29  diet is necessary for reasons of safety and security.  If  a  restricted
    30  diet is imposed, it shall be limited to seven days, except in the excep-
    31  tional  circumstances  where  the joint case management committee deter-
    32  mines that limiting the restricted diet to  seven  days  would  pose  an
    33  unacceptable  risk  to  the  safety and security of inmates or staff. In
    34  such case, the need for a restricted diet shall  be  reassessed  by  the
    35  joint case management committee every seven days.
    36    (v)]All  inmates in segregated confinement in a level one or level two
    37  facility who are not assessed with  a  serious  mental  illness  at  the
    38  initial assessment shall be offered at least one interview with a mental
    39  health  clinician  within  [fourteen] seven days of their initial mental
    40  health assessment, [and additional interviews at least every thirty days
    41  thereafter,] unless the mental  health  clinician  at  the  most  recent
    42  interview  recommends an earlier interview or assessment. All inmates in
    43  [segregated confinement] a residential rehabilitation unit  in  a  level
    44  three  or level four facility who are not assessed with a serious mental
    45  illness at the initial assessment shall be offered at least  one  inter-
    46  view  with a mental health clinician within thirty days of their initial
    47  mental health assessment, and additional interviews at least every nine-
    48  ty days thereafter, unless the  mental  health  clinician  at  the  most
    49  recent interview recommends an earlier interview or assessment.
    50    §  5. Subdivision 6 of section 137 of the correction law is amended by
    51  adding eight new paragraphs (g), (h), (i), (j), (k), (l), (m) and (n) to
    52  read as follows:
    53    (g) Persons in a special population as defined in subdivision  thirty-
    54  two  of  section  two  of this chapter shall not be placed in segregated
    55  confinement for any length of time, except  in  keeplock  for  a  period
    56  prior to a disciplinary hearing pursuant to paragraph (k) of this subdi-

        A. 2500                             5
 
     1  vision.    Individuals in a special population who are in keeplock prior
     2  to a disciplinary hearing shall be given seven hours a  day  out-of-cell
     3  time  or  shall  be  transferred to a residential rehabilitation unit or
     4  residential  mental  health treatment unit as expeditiously as possible,
     5  but in no case longer than forty-eight hours from the time an individual
     6  is admitted to keeplock.
     7    (h) No person may be placed in segregated confinement for longer  than
     8  necessary and no more than fifteen consecutive days or twenty total days
     9  within  any  sixty  day  period.    At  these  limits, he or she must be
    10  released from segregated confinement or diverted to a separate  residen-
    11  tial  rehabilitation  unit.  If  placement  of such person in segregated
    12  confinement would exceed the twenty-day limit and the department  estab-
    13  lishes  that the person committed an act defined in subparagraph (ii) of
    14  paragraph (j) of this subdivision, the department may place  the  person
    15  in  segregated  confinement  until  admission to a residential rehabili-
    16  tation unit can be effectuated. Such admission to a residential rehabil-
    17  itation unit shall occur as expeditiously as possible  and  in  no  case
    18  take  longer  than forty-eight hours from the time such person is placed
    19  in segregated confinement.
    20    (i) (i) All  segregated  confinement  and  residential  rehabilitation
    21  units  shall  create the least restrictive environment necessary for the
    22  safety of incarcerated persons, staff, and the security of the facility.
    23    (ii) Persons in segregated confinement shall  be  offered  out-of-cell
    24  programming at least four hours per day, including at least one hour for
    25  recreation.   Persons admitted to residential rehabilitation units shall
    26  be offered at least six hours of daily out-of-cell  congregate  program-
    27  ming,  services,  treatment, and/or meals, with an additional minimum of
    28  one hour for recreation. Recreation in  all  residential  rehabilitation
    29  units  shall  take  place  in  a  congregate setting, unless exceptional
    30  circumstances mean doing so would create a significant and  unreasonable
    31  risk to the safety and security of other incarcerated persons, staff, or
    32  the facility.
    33    (iii)  No  limitation  on  services, treatment, or basic needs such as
    34  clothing, food and bedding shall be imposed as a form of punishment.  If
    35  provision  of any such services, treatment or basic needs to an individ-
    36  ual would create a significant and unreasonable risk to the  safety  and
    37  security of incarcerated persons, staff, or the facility, such services,
    38  treatment  or  basic  needs  may be withheld until it reasonably appears
    39  that the risk has ended.   The department shall  not  impose  restricted
    40  diets  or any other change in diet as a form of punishment. Persons in a
    41  residential rehabilitation unit  shall  have  access  to  all  of  their
    42  personal property unless an individual determination is made that having
    43  a  specific  item  would pose a significant and unreasonable risk to the
    44  safety of incarcerated persons or staff or the security of the unit.
    45    (iv) Upon admission to a residential rehabilitation unit, program  and
    46  mental health staff shall administer assessments and develop an individ-
    47  ual  rehabilitation  plan  in consultation with the resident, based upon
    48  his or her medical, mental health,  and  programming  needs.  Such  plan
    49  shall  identify  specific goals and programs, treatment, and services to
    50  be offered, with projected time frames for completion and discharge from
    51  the residential rehabilitation unit.
    52    (v) An incarcerated person in a residential rehabilitation unit  shall
    53  have access to programs and work assignments comparable to core programs
    54  and  work  assignments  in general population. Such incarcerated persons
    55  shall also have access to additional out-of-cell, trauma-informed thera-
    56  peutic programming aimed at promoting personal  development,  addressing

        A. 2500                             6
 
     1  underlying  causes  of  problematic behavior resulting in placement in a
     2  residential rehabilitation unit, and helping prepare for discharge  from
     3  the unit and to the community.
     4    (vi)  If  the  department  establishes  that a person committed an act
     5  defined in subparagraph (ii) of paragraph (j) of this subdivision  while
     6  in segregated confinement or a residential rehabilitation unit and poses
     7  a  significant and unreasonable risk to the safety and security of other
     8  incarcerated persons or staff, the department may restrict such person's
     9  participation in programming and out-of-cell activities as necessary for
    10  the safety of other incarcerated persons and staff. If such restrictions
    11  are imposed, the department must provide at least four hours out-of-cell
    12  time daily, including at least two hours of therapeutic programming  and
    13  two  hours  of recreation, and must make reasonable efforts to reinstate
    14  access to  programming  as  soon  as  possible.  In  no  case  may  such
    15  restrictions  extend beyond fifteen days unless the person commits a new
    16  act defined herein justifying restrictions on program access, or if  the
    17  commissioner  and,  when  appropriate, the commissioner of mental health
    18  personally reasonably determine that the person poses  an  extraordinary
    19  and  unacceptable  risk  of  imminent  harm to the safety or security of
    20  incarcerated persons or staff.   Any extension of  program  restrictions
    21  beyond  fifteen days must be meaningfully reviewed and approved at least
    22  every fifteen days by the commissioner and,  when  appropriate,  by  the
    23  commissioner  of  mental health. Each review must consider the impact of
    24  therapeutic programming provided during the fifteen-day  period  on  the
    25  person's  risk  of imminent harm and the commissioner must articulate in
    26  writing, with a copy provided to the incarcerated person,  the  specific
    27  reason  why the person currently poses an extraordinary and unacceptable
    28  risk of imminent harm to the safety or security of incarcerated  persons
    29  or staff. In no case may restrictions imposed by the commissioner extend
    30  beyond  ninety  days  unless the person commits a new act defined herein
    31  justifying restrictions on program access.
    32    (vii) Restraints shall not  be  used  when  incarcerated  persons  are
    33  participating  in  out-of-cell activities within a residential rehabili-
    34  tation unit unless an individual assessment is made that restraints  are
    35  required  because  of  a significant and unreasonable risk to the safety
    36  and security of other incarcerated persons or staff.
    37    (j) (i) The department may place a person  in  segregated  confinement
    38  for  up  to  three  consecutive  days and no longer than six days in any
    39  thirty day period if, pursuant to an evidentiary hearing, it  determines
    40  that  the  person  violated  department  rules which permit a penalty of
    41  segregated confinement. The department may not place a person in  segre-
    42  gated  confinement  for  longer  than three consecutive days or six days
    43  total in a thirty day period unless the provisions of subparagraph  (ii)
    44  of this paragraph are met.
    45    (ii)  The  department  may  place  a  person in segregated confinement
    46  beyond the limits of subparagraph (i) of this paragraph or in a residen-
    47  tial rehabilitation unit only if, pursuant to an evidentiary hearing, it
    48  determines by written decision that the  person  committed  one  of  the
    49  following acts and if the commissioner or his or her designee determines
    50  in writing based on specific objective criteria the acts were so heinous
    51  or  destructive  that  placement of the individual in general population
    52  housing creates a significant risk of imminent serious  physical  injury
    53  to staff or other incarcerated persons, and creates an unreasonable risk
    54  to the security of the facility:
    55    (A) causing or attempting to cause serious physical injury or death to
    56  another  person  or  making  an imminent threat of such serious physical

        A. 2500                             7
 
     1  injury or death if the person has a history  of  causing  such  physical
     2  injury  or death and the commissioner and, when appropriate, the commis-
     3  sioner of mental health or their  designees  reasonably  determine  that
     4  there is a strong likelihood that the person will carry out such threat.
     5  The  commissioner  of  mental  health  or  his  or her designee shall be
     6  involved in such determination if the person  is  or  has  been  on  the
     7  mental health caseload or appears to require psychiatric attention.  The
     8  department  and  the  office of mental health shall promulgate rules and
     9  regulations pertaining to this clause;
    10    (B) compelling or attempting to compel another  person,  by  force  or
    11  threat of force, to engage in a sexual act;
    12    (C)  extorting  another,  by force or threat of force, for property or
    13  money;
    14    (D) coercing another, by force or threat  of  force,  to  violate  any
    15  rule;
    16    (E)  leading,  organizing,  inciting,  or  attempting to cause a riot,
    17  insurrection, or other similarly serious disturbance that results in the
    18  taking of a hostage, major property damage, or physical harm to  another
    19  person;
    20    (F)  procuring deadly weapons or other dangerous contraband that poses
    21  a serious threat to the security of the institution; or
    22    (G) escaping, attempting to escape or facilitating an  escape  from  a
    23  facility  or  escaping  or  attempting to escape while under supervision
    24  outside such facility.
    25    For purposes of this section, attempting to cause a  serious  disturb-
    26  ance  or to escape shall only be determined to have occurred if there is
    27  a clear finding that the inmate  had  the  intent  to  cause  a  serious
    28  disturbance  or  the intent to escape and had completed significant acts
    29  in the advancement of the attempt to create  a  serious  disturbance  or
    30  escape. Evidence of withdrawal or abandonment of a plan to cause a seri-
    31  ous disturbance or to escape shall negate a finding of intent.
    32    (iii)  No person may be placed in segregated confinement or a residen-
    33  tial rehabilitation unit based on the same  act  or  incident  that  was
    34  previously used as the basis for such placement.
    35    (iv)  No  person  may be held in segregated confinement for protective
    36  custody. Any unit used  for  protective  custody  must,  at  a  minimum,
    37  conform to requirements governing residential rehabilitation units.
    38    (k)  All hearings to determine if a person may be placed in segregated
    39  confinement shall occur prior to  placement  in  segregated  confinement
    40  unless a security supervisor, with written approval of a facility super-
    41  intendent or designee, reasonably believes the person fits the specified
    42  criteria  for  segregated  confinement in subparagraph (ii) of paragraph
    43  (j) of this subdivision. If a hearing  does  not  take  place  prior  to
    44  placement,  it shall occur as soon as reasonably practicable and at most
    45  within five days of such placement unless the  charged  person  seeks  a
    46  postponement of the hearing. Persons at such hearings shall be permitted
    47  to be represented by any attorney or law student, or by any paralegal or
    48  incarcerated person unless the department reasonably disapproves of such
    49  paralegal  or  incarcerated person based upon objective written criteria
    50  developed by the department.
    51    (l) (i) Any sanction  imposed  on  an  incarcerated  person  requiring
    52  segregated  confinement  shall  run while the person is in a residential
    53  rehabilitation unit and the person shall be  discharged  from  the  unit
    54  before  or  at  the time such sanction expires. If a person successfully
    55  completes his or her rehabilitation plan before  the  sanction  expires,

        A. 2500                             8
 
     1  the  person  shall have a right to be discharged from the unit upon such
     2  completion.
     3    (ii) If an incarcerated person has not been discharged from a residen-
     4  tial  rehabilitation unit within one year of initial admission to such a
     5  unit or is within sixty days of a fixed or tentatively approved date for
     6  release from a correctional facility, he or she shall have a right to be
     7  discharged from the unit unless he or she committed  an  act  listed  in
     8  subparagraph  (ii) of paragraph (j) of this subdivision within the prior
     9  one hundred eighty days and he or she poses a significant and  unreason-
    10  able risk to the safety or security of incarcerated persons or staff. In
    11  any  such  case the decision not to discharge such person shall be imme-
    12  diately and automatically subjected to  an  independent  review  by  the
    13  commissioner and the commissioner of mental health or their designees. A
    14  person  may  remain in a residential rehabilitation unit beyond the time
    15  limits provided in this section if both commissioners or both  of  their
    16  designees  approve  this  decision.  In  extraordinary  circumstances, a
    17  person who has not committed an act listed in subparagraph (ii) of para-
    18  graph (j) of this subdivision within the prior one hundred eighty  days,
    19  may  remain  in a residential rehabilitation unit beyond the time limits
    20  provided in this section if both the commissioner and  the  commissioner
    21  of  mental  health  personally  determine  that such individual poses an
    22  extraordinary and unacceptable risk of imminent harm to  the  safety  or
    23  security of incarcerated persons or staff.
    24    (iii)  There  shall  be  a meaningful periodic review of the status of
    25  each incarcerated person in a residential rehabilitation unit  at  least
    26  every  sixty  days  to assess the person's progress and determine if the
    27  person should be discharged  from  the  unit.  Following  such  periodic
    28  review,  if  the  person  is  not  discharged from the unit, program and
    29  mental health staff shall specify in writing the reasons for the  deter-
    30  mination  and  the program, treatment, service, and/or corrective action
    31  required before discharge. The incarcerated person shall be given access
    32  to the programs, treatment and services  specified,  and  shall  have  a
    33  right to be discharged from the residential rehabilitation unit upon the
    34  successful fulfillment of such requirements.
    35    (iv)  When  an  incarcerated  person  is discharged from a residential
    36  rehabilitation unit, any remaining  time  to  serve  on  any  underlying
    37  disciplinary  sanction  shall  be  dismissed.  If an incarcerated person
    38  substantially completes his or her rehabilitation plan, he or she  shall
    39  have  any  associated loss of good time restored upon discharge from the
    40  unit.
    41    (m) All special housing unit, keeplock unit and residential  rehabili-
    42  tation unit staff and their supervisors shall undergo a minimum of thir-
    43  ty-seven  hours  and  thirty  minutes of training prior to assignment to
    44  such unit, and twenty-one hours of additional training  annually  there-
    45  after,  on  substantive  content developed in consultation with relevant
    46  experts, on topics including, but not limited to, the purpose and  goals
    47  of  the  non-punitive  therapeutic  environment,  trauma-informed  care,
    48  restorative justice, and dispute resolution methods. Prior to  presiding
    49  over any hearings, all hearing officers shall undergo a minimum of thir-
    50  ty-seven  hours  and thirty minutes of training, with one additional day
    51  of training annually thereafter, on relevant topics, including  but  not
    52  limited  to,  the  physical  and  psychological  effects  of  segregated
    53  confinement, procedural and due  process  rights  of  the  accused,  and
    54  restorative justice remedies.
    55    (n)  The department shall publish monthly reports on its website, with
    56  semi-annual and annual cumulative reports, of the total number of people

        A. 2500                             9
 
     1  who are in segregated confinement and the total number of people who are
     2  in residential rehabilitation units on the first day of each month.  The
     3  reports  shall provide a breakdown of the number of people in segregated
     4  confinement  and  in  residential rehabilitation units by: (i) age; (ii)
     5  race; (iii) gender; (iv) mental  health  treatment  level;  (v)  special
     6  health  accommodations  or  needs;  (vi)  need  for and participation in
     7  substance abuse programs;  (vii)  pregnancy  status;  (viii)  continuous
     8  length  of stay in residential treatment units as well as length of stay
     9  in the past sixty days; (ix) number of days in  segregated  confinement;
    10  (x)  a  list  of  all  incidents  resulting  in  sanctions of segregated
    11  confinement by facility and date  of  occurrence;  (xi)  the  number  of
    12  incarcerated  persons  in  segregated confinement by facility; and (xii)
    13  the number of incarcerated persons in residential  rehabilitation  units
    14  by facility.
    15    §  6.  Section  138  of  the correction law is amended by adding a new
    16  subdivision 7 to read as follows:
    17    7. De-escalation, intervention, informational reports, and  the  with-
    18  drawal  of  incentives  shall  be the preferred methods of responding to
    19  misbehavior  unless  the  department  determines  that  non-disciplinary
    20  interventions  have failed, or that non-disciplinary interventions would
    21  not succeed and the misbehavior involved an act listed  in  subparagraph
    22  (ii)  of paragraph (j) of subdivision six of section one hundred thirty-
    23  seven of this article, in which case, as a last resort,  the  department
    24  shall  have the authority to issue misbehavior reports, pursue discipli-
    25  nary charges, or impose new or additional segregated  confinement  sanc-
    26  tions.
    27    § 7. Subdivision 1 of section 401 of the correction law, as amended by
    28  chapter 1 of the laws of 2008, is amended to read as follows:
    29    1.    The commissioner, in cooperation with the commissioner of mental
    30  health, shall establish programs, including but not limited to  residen-
    31  tial  mental  health treatment units, in such correctional facilities as
    32  he or she may deem appropriate for the treatment of mentally ill inmates
    33  confined in state correctional facilities who are in need of psychiatric
    34  services but who do not require hospitalization  for  the  treatment  of
    35  mental illness. Inmates with serious mental illness shall receive thera-
    36  py  and  programming  in settings that are appropriate to their clinical
    37  needs while maintaining the safety and security of the facility.
    38    The conditions and services provided in the residential mental  health
    39  treatment units shall be at least comparable to those in all residential
    40  rehabilitation  units, and all residential mental health treatment units
    41  shall be in compliance with all provisions of paragraphs (h), (i),  (j),
    42  and  (k)  of subdivision six of section one hundred thirty-seven of this
    43  chapter. Residential mental health treatment units that are either resi-
    44  dential mental health unit models or behavioral health unit models shall
    45  also be in compliance with all provisions of paragraph (l)  of  subdivi-
    46  sion six of section one hundred thirty-seven of this chapter.
    47    The  residential  mental health treatment units shall also provide the
    48  additional mental health treatment, services, and programming delineated
    49  in this section. The administration and  operation  of  programs  estab-
    50  lished pursuant to this section shall be the joint responsibility of the
    51  commissioner  of  mental  health  and the commissioner. The professional
    52  mental health care  personnel,  and  their  administrative  and  support
    53  staff,  for  such  programs  shall  be employees of the office of mental
    54  health. All other personnel shall be employees of the department.

        A. 2500                            10
 
     1    § 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401
     2  of the correction law, as added by chapter 1 of the  laws  of  2008,  is
     3  amended to read as follows:
     4    (i)  In  exceptional  circumstances, a mental health clinician, or the
     5  highest ranking facility security  supervisor  in  consultation  with  a
     6  mental  health  clinician  who has interviewed the inmate, may determine
     7  that an inmate's access to out-of-cell  therapeutic  programming  and/or
     8  mental  health  treatment  in a residential mental health treatment unit
     9  presents an unacceptable risk to the safety of inmates  or  staff.  Such
    10  determination  shall  be  documented in writing and such inmate shall be
    11  removed to a residential rehabilitation unit that is not  a  residential
    12  mental  health  treatment unit where alternative mental health treatment
    13  and/or other therapeutic programming, as determined by a  mental  health
    14  clinician, shall be provided.
    15    §  9.  Subdivision 5 of section 401 of the correction law, as added by
    16  chapter 1 of the laws of 2008, is amended to read as follows:
    17    5. (a) An inmate in a residential mental health treatment  unit  shall
    18  not  be  sanctioned  with  segregated  confinement for misconduct on the
    19  unit, or removed from the unit and placed in segregated confinement or a
    20  residential rehabilitation unit,  except  in  exceptional  circumstances
    21  where such inmate's conduct poses a significant and unreasonable risk to
    22  the  safety  of inmates or staff, or to the security of the facility and
    23  he or she has been found to have committed an act  or  acts  defined  in
    24  subparagraph  (ii)  of  paragraph  (j) of subdivision six of section one
    25  hundred thirty-seven of this chapter.  Further, in the event that such a
    26  sanction is imposed, an inmate shall not be required  to  begin  serving
    27  such sanction until the reviews required by paragraph (b) of this subdi-
    28  vision  have  been  completed;  provided,  however that in extraordinary
    29  circumstances where an inmate's conduct poses an immediate  unacceptable
    30  threat  to  the  safety  of  inmates or staff, or to the security of the
    31  facility an inmate may be immediately moved to [segregated  confinement]
    32  a  residential rehabilitation unit.  The determination that an immediate
    33  transfer to [segregated confinement] a residential  rehabilitation  unit
    34  is  necessary  shall  be  made  by the highest ranking facility security
    35  supervisor in consultation with a mental health clinician.
    36    (b) The joint case management committee shall review any  disciplinary
    37  disposition  imposing  a  sanction of segregated confinement at its next
    38  scheduled meeting. Such review shall  take  into  account  the  inmate's
    39  mental  condition  and  safety  and  security  concerns.  The joint case
    40  management committee may only thereafter recommend the  removal  of  the
    41  inmate  in  exceptional circumstances where the inmate commits an act or
    42  acts defined in subparagraph (ii) of paragraph (j) of subdivision six of
    43  section one hundred thirty-seven of this chapter and poses a significant
    44  and unreasonable risk to the safety of inmates or staff or to the  secu-
    45  rity of the facility. In the event that the inmate was immediately moved
    46  to  segregated  confinement,  the  joint  case  management committee may
    47  recommend that the inmate continue to serve such sanction only in excep-
    48  tional circumstances where the inmate commits an act or acts defined  in
    49  subparagraph  (ii)  of  paragraph  (j) of subdivision six of section one
    50  hundred thirty-seven of this chapter and poses a significant and  unrea-
    51  sonable risk to the safety of inmates or staff or to the security of the
    52  facility.  If  a  determination  is  made  that  the inmate shall not be
    53  required to serve all or any part of the  segregated  confinement  sanc-
    54  tion,  the  joint case management committee may instead recommend that a
    55  less restrictive sanction should be imposed. The recommendations made by
    56  the joint case management committee under this paragraph shall be  docu-

        A. 2500                            11
 
     1  mented  in  writing and referred to the superintendent for review and if
     2  the superintendent disagrees, the matter shall be referred to the  joint
     3  central  office review committee for a final determination. The adminis-
     4  trative  process  described  in this paragraph shall be completed within
     5  fourteen days. If the result of such process is that an inmate  who  was
     6  immediately  transferred to [segregated confinement] a residential reha-
     7  bilitation unit should be removed  from  [segregated  confinement]  such
     8  unit,  such  removal shall occur as soon as practicable, and in no event
     9  longer than seventy-two hours from the completion of the  administrative
    10  process.
    11    §  10.  Subdivision 6 of section 401 of the correction law, as amended
    12  by chapter 20 of the laws of 2016, is amended to read as follows:
    13    6. The department shall ensure that the curriculum for new  correction
    14  officers,  and  other  new  department  staff who will regularly work in
    15  programs providing mental health treatment for inmates, shall include at
    16  least eight hours of training about the types  and  symptoms  of  mental
    17  illnesses,  the  goals  of  mental  health  treatment, the prevention of
    18  suicide and training in how to effectively  and  safely  manage  inmates
    19  with  mental  illness.  Such  training  may be provided by the office of
    20  mental health or the justice center for the protection  of  people  with
    21  special needs. All department staff who are transferring into a residen-
    22  tial mental health treatment unit shall receive a minimum of eight addi-
    23  tional  hours  of  such  training, and eight hours of annual training as
    24  long as they work in such a unit. All security, program services, mental
    25  health and medical staff with direct inmate contact shall receive train-
    26  ing each year regarding identification of, and care  for,  inmates  with
    27  mental  illnesses.  The  department shall provide additional training on
    28  these topics on an ongoing basis as it deems  appropriate.    All  staff
    29  working in a residential mental health treatment unit shall also receive
    30  all training mandated in paragraph (m) of subdivision six of section one
    31  hundred thirty-seven of this chapter.
    32    §  11.  Section 401-a of the correction law is amended by adding a new
    33  subdivision 4 to read as follows:
    34    4. The justice center shall assess the  department's  compliance  with
    35  the  provisions  of  sections  two,  one  hundred  thirty-seven, and one
    36  hundred thirty-eight of this chapter relating to segregated  confinement
    37  and residential rehabilitation units and shall issue a public report, no
    38  less  than annually, with recommendations to the department and legisla-
    39  ture, regarding all aspects of segregated  confinement  and  residential
    40  rehabilitation  units in state correctional facilities including but not
    41  limited to policies and practices concerning: (a) placement  of  persons
    42  in  segregated  confinement  and  residential  rehabilitation units; (b)
    43  special populations; (c) length of time spent in such units;  (d)  hear-
    44  ings  and procedures; (e) programs, treatment and conditions of confine-
    45  ment in such units; and (f) assessments and rehabilitation plans, proce-
    46  dures and discharge determinations.
    47    § 12. Section 45 of the correction law is  amended  by  adding  a  new
    48  subdivision 18 to read as follows:
    49    18.  Assess compliance of local correctional facilities with the terms
    50  of paragraphs (g), (h), (i), (j), (k), (l), (m) and (n)  of  subdivision
    51  six  of section one hundred thirty-seven of this chapter. The commission
    52  shall issue a public report regarding all aspects of segregated confine-
    53  ment and residential rehabilitation units at least annually with  recom-
    54  mendations  to local correctional facilities, the governor, the legisla-
    55  ture, including but not limited to policies and practices regarding: (a)
    56  placement of persons; (b) special populations; (c) length of time  spent

        A. 2500                            12
 
     1  in  segregated confinement and residential treatment units; (d) hearings
     2  and procedures; (e) conditions, programs, services, care, and treatment;
     3  and (f) assessments, rehabilitation plans, and discharge procedures.
     4    §  13. Section 500-k of the correction law, as amended by chapter 2 of
     5  the laws of 2008, is amended to read as follows:
     6    § 500-k. Treatment of inmates. 1. Subdivisions five and six of section
     7  one hundred thirty-seven of this chapter, except paragraphs (d) and  (e)
     8  of subdivision six of such section, relating to the treatment of inmates
     9  in  state  correctional facilities are applicable to inmates confined in
    10  county jails; except that the report required by paragraph (f) of subdi-
    11  vision six of such section shall be  made  to  a  person  designated  to
    12  receive such report in the rules and regulations of the state commission
    13  of  correction,  or in any county or city where there is a department of
    14  correction, to the head of such department.
    15    2. Notwithstanding any other section of law to the contrary,  subdivi-
    16  sion thirty-three of section two of this chapter, and subparagraphs (i),
    17  (iv)  and (v) of paragraph (i) and subparagraph (ii) of paragraph (l) of
    18  subdivision six of section one  hundred  thirty-seven  of  this  chapter
    19  shall  not  apply to local correctional facilities with a total combined
    20  capacity of five hundred inmates or fewer.
    21    § 14. This act shall take effect one year after it shall have become a
    22  law.
Go to top