Amd §§2, 137, 401 & 500-k, rpld §2 subs 33 & 34, §137 sub 6 ¶¶(h) - (o), §138 sub 7, §401-a sub 4, §45 sub
18, Cor L
Relates to segregated confinement; provides that certain incarcerated individuals shall not be placed in a residential rehabilitation unit; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3217
SPONSOR: Simpson TITLE OF BILL:
An act to amend the correction law, in relation to confinement; and to
repeal certain provisions of such law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
To repeal the Humane Alternatives to Long-Term Solitary Confinement
(HALT) Act enacted in Chapter 93 of the Laws-of 2021 and subsequent
amendments
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 23 of section 2 of the correction law to
reflect the original language prior to the enactment of the HALT Act
Section 2 repeals subdivisions 33 and 34 of the correction law.
Section 3 amends paragraph (a) of subdivision 6 of section 137 of the
correction law to reflect the original language prior to the enactment
of the HALT Act.
Section 4 amends paragraph (d) of subdivision 6 of section 137 of the
correction law to reflect the original language prior to the enactment
of the HALT Act.
Section 5 repeals paragraphs (h) through (o) of subdivision 6 of section
137 of the correction law.
Section 6 repeals subdivision 7 of section 138 of the correction law.
Section 7 amends subdivision 1 of section 401 of the correction law to
reflect the original language prior to the enactment of the HALT Act.
Section 8 amends subparagraph (i) of paragraph (a) of subdivision 2 of
section 401 of the correction law to reflect the original language prior
to the enactment of the HALT Act.
Section 9 amends subdivision 5 of section 401 of the correction law to
reflect the original language prior to the enactment of the HALT Act.
Section 10 amends subdivision 6 of section 401 of the correction law to
reflect the original language prior to the enactment of the HALT Act.
Section 11 repeals subdivision 4 of section 401-a of the correction law.
Section 12 repeals subdivision 18 of section 45 of the correction law.
Section 13 amends section 500-k of the correction law to reflect the
original language prior to the enactment of the HALT Act
JUSTIFICATION:
New York prisons are experiencing an unprecedented level of violence
threatening the well-being and safety of staff and incarcerated individ-
uals. From 2011 to 2021, assaults on incarcerated individuals increased
by 66 percent, while assaults on staff increased by 109 percent. In
response to the out-of-control violence among the prison population,
Acting Commissioner of the Department of Corrections and Community
Supervision (DOCCS), Anthony Annucci sent a memorandum to all inmates
within the state prison system addressing the "sheer savagery of the
assault, the randomness of the assault, and the lack of precipitating
event before the assault." As violence within our jails and prisons
continue to rise, and our incarcerated population and the dedicated
staff that work in our jails in prisons are at constantly increasing
risk of attack and injury, the HALT Act, which went into effect on March
31, 2022, has severely restricted the ability to use segregated confine-
ment for prisoners that break the rules and engage in violent behavior.
This is one of the most crucial tools that correctional facilities have
to keep people safe, and in a time when our correctional facilities have
never been more dangerous, hindering the ability to remove violent
inmates from the prison population is reckless and will only increase
this crisis This bill would repeal the HALT Act and restore the tools
necessary to keep our incarcerated population and the staff safe and
finally put an end to the epidemic of violence within our correctional
facilities.
PRIOR LEGISLATIVE HISTORY:
2021-22: A10593 referred to correction/ S9378 referred to crime victims,
crime and correction
2023-24: A3196 referred to correction / S3035 referred to crime victims,
crime and correction
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
This act shall take place immediately
