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A00702 Summary:

BILL NOA00702
 
SAME ASSAME AS S02211
 
SPONSORJones
 
COSPNSRAbbate, Taylor, Rivera J, Lupardo, Giglio JM, Palmesano, Gottfried, Cook, Walsh, Weprin, Friend, Walczyk, Byrnes, Gunther, Buttenschon, Bichotte Hermelyn, Galef, Simpson, Burdick, Griffin
 
MLTSPNSRBarclay, Hawley, Manktelow
 
Add §607, Cor L
 
Relates to the prohibition of double-bunked housing in correctional facilities.
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A00702 Actions:

BILL NOA00702
 
01/06/2021referred to correction
05/26/2021reported referred to rules
06/07/2021reported
06/07/2021rules report cal.411
06/07/2021substituted by s2211
 S02211 AMEND= SEPULVEDA
 01/20/2021REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
 02/22/20211ST REPORT CAL.393
 02/23/20212ND REPORT CAL.
 02/24/2021ADVANCED TO THIRD READING
 04/28/2021PASSED SENATE
 04/28/2021DELIVERED TO ASSEMBLY
 04/28/2021referred to correction
 06/07/2021substituted for a702
 06/07/2021ordered to third reading rules cal.411
 06/07/2021passed assembly
 06/07/2021returned to senate
 10/22/2021DELIVERED TO GOVERNOR
 11/03/2021SIGNED CHAP.570
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A00702 Memo:

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.
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A00702 Text:



 
                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
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