NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A702
SPONSOR: Jones TITLE OF BILL:
An act to amend the correction law, in relation to the prohibition of
double-bunked housing in correctional facilities
SUMMARY OF PROVISIONS:
Section 1 amends the correction law by adding new section 607, estab-
lishing the definition of "double-bunked housing" and the procedure for
when inmates are housed in such a way.
Section 2 establishes the effective date.
JUSTIFICATION:
Regulations, promulgated by the Department of Corrections and Community
Supervision in the late 1980's authorized the double bunking of inmates
to address the expanding prison population of that period. In doing so,
the department increased the number of inmates housed in a medium secure
dormitory, typically designed to accommodate up to 50 inmates, to
between 60 and 90 inmates.
This increase in the number of inmates' presents a very significant
challenge regarding the ability to provide for the safety and security
of both inmates and correctional officers. Such was the concern of the
State Commission on Correction, which in a separate rule making permit-
ting double ceiling opined that "the practice of double bunking poses a
number of security risks not necessarily associated with the practice of
double ceiling. By design, medium security correctional facilities allow
for much greater mobility of the inmate population than maximum security
correctional facilities.
An inmate disturbance in a medium security correctional facility, where
there is a concentration of a large number of inmates, this could be
more difficult to contain than at a maximum-security facility. Since
maximum security correctional facilities are specifically designed to
provide for the isolation of various areas within the prison, an inmate
disturbance would be easier to bring under control." NYS Register,
September 27, 1995, p.2.
Ensuring the safety and security of both inmates and correctional offi-
cers within our correctional facilities is the underpinning that enables
all other programming and rehabilitation to be successful. Preventing
the double bunking of inmates housed in these dorm style settings will
contribute to that most important of principles.
LEGISLATIVE HISTORY:
03/22/18 referred to correction
05/22/18 amend and recommit to correction
05/22/18 print number 10173a
01/14/19 referred to correction
01/08/20 referred to correction
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
702
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. JONES, ABBATE, TAYLOR, J. RIVERA, LUPARDO,
J. M. GIGLIO, PALMESANO, GOTTFRIED, COOK, WALSH, WEPRIN, FRIEND, WALC-
ZYK, BYRNES, GUNTHER, BUTTENSCHON -- Multi-Sponsored by -- M. of A.
BARCLAY, HAWLEY, MANKTELOW -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to the prohibition of
double-bunked housing in correctional facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 607
2 to read as follows:
3 § 607. Prohibition of double-bunked housing. 1. For purposes of this
4 section "double-bunked housing" shall mean the practice of inmate hous-
5 ing where bunk beds are used in a dormitory setting, with inmates resid-
6 ing in an open space and sleeping on bunk beds.
7 2. Upon the effective date of this section, the department is prohib-
8 ited from housing inmates using double-bunked housing practices in
9 correctional facilities. Any inmates housed in such double-bunked hous-
10 ing on the effective date of this section shall be moved to other hous-
11 ing accommodations provided that such accommodations are not located in
12 a more restrictive housing unit or correctional facility unless other-
13 wise appropriate.
14 3. The department is authorized to promulgate or repeal any rules and
15 regulations necessary to facilitate the implementation of this section.
16 § 2. This act shall take effect on the ninetieth day after it shall
17 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05390-01-1
