STATE OF NEW YORK
________________________________________________________________________
3167
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
___________
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.
LBD00268-01-7
