STATE OF NEW YORK
________________________________________________________________________
6396
2019-2020 Regular Sessions
IN ASSEMBLY
March 7, 2019
___________
Introduced by M. of A. O'DONNELL, WEPRIN, DILAN, BARRON, HYNDMAN,
L. ROSENTHAL, LIFTON, JEAN-PIERRE -- Multi-Sponsored by -- M. of A.
RAMOS -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to segregated confine-
ment
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.
9 § 2. The opening paragraph of subdivision 6 of section 137 of the
10 correction law, as amended by chapter 1 of the laws of 2008, is amended
11 and two new paragraphs (g) and (h) are added to read as follows:
12 Except as provided in paragraphs (d) [and], (e), (g) and (h) of this
13 subdivision, as a measure of last resort, the superintendent of a state
14 correctional facility, under supervision of the commissioner, or the
15 sheriff of a local correctional facility may keep any inmate confined in
16 a cell or room, apart from the accommodations provided for inmates who
17 are participating in programs of the facility, for such minimal period
18 as may be necessary for maintenance of order or discipline, but in any
19 such case the following conditions shall be observed:
20 (g) Segregated confinement is prohibited for the following inmates:
21 (i) juveniles under the age of twenty-one;
22 (ii) any person with a mental illness or a developmental disability as
23 defined in section 1.03 of the mental hygiene law; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05297-01-9
A. 6396 2
1 (iii) any person who has a permanent physical disability documented in
2 his or her medical records that substantially limits one or more major
3 life activities. For the purposes of this subdivision, "major life
4 activities" means functions such as walking, seeing, hearing and speak-
5 ing.
6 (h) The commissioner shall compile and publish comprehensive disaggre-
7 gated data on the use of segregated confinement, including related
8 suicide attempts and self-harm, on a quarterly basis.
9 § 3. Subdivision 3 of section 138 of the correction law, as added by
10 chapter 231 of the laws of 1975, is amended to read as follows:
11 3. Facility rules shall be specific and precise giving all inmates
12 actual notice of the conduct prohibited. Facility rules shall state the
13 range of disciplinary sanctions which can be imposed for violation of
14 each rule but any sanction of segregated confinement shall be for the
15 minimum period necessary for the maintenance of order or discipline.
16 § 4. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law.
