S06466 Summary:

BILL NOS06466A
 
SAME ASSAME AS A08588-A
 
SPONSORPERKINS
 
COSPNSRHASSELL-THOMPSON, HOYLMAN, MONTGOMERY, PARKER, PERALTA, SAMPSON, SANDERS
 
MLTSPNSR
 
Amd SS137, 2, 401-a & 45, Cor L
 
Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options; limits the length of time a person may be in segregated confinement and excludes certain persons from being placed in segregated confinement.
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S06466 Actions:

BILL NOS06466A
 
01/28/2014REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
04/23/2014AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
04/23/2014PRINT NUMBER 6466A
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S06466 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6466--A
 
                    IN SENATE
 
                                    January 28, 2014
                                       ___________
 
        Introduced  by  Sens.  PERKINS,  HASSELL-THOMPSON,  HOYLMAN, MONTGOMERY,
          SAMPSON -- read twice and ordered printed,  and  when  printed  to  be
          committed  to  the Committee on Crime Victims, Crime and Correction --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to amend the correction law, in relation to restricting the use

          of segregated confinement and  creating  alternative  therapeutic  and
          rehabilitative confinement options
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 137 of the correction law is amended  by  adding  a
     2  new subdivision 5-a to read as follows:
     3    5-a.  The  use of segregated confinement, exclusion of certain special
     4  populations, and length of time  any  person  can  spend  in  segregated
     5  confinement  shall be restricted in accordance with paragraphs (g), (h),
     6  (i), (j), (k), (l), (m), and (n) of subdivision six of this  section  or
     7  any other applicable law.
     8    §  2.  Subdivision  23 of section 2 of the correction law, as added by
     9  chapter 1 of the laws of 2008, is amended to read as follows:

    10    23. "Segregated confinement"  means  the  [disciplinary]  confinement,
    11  other  than  for emergency confinement as defined in subdivision thirty-
    12  three of this section, or  for  documented  medical  reasons  or  mental
    13  health emergencies, of an inmate in a special housing unit or in a sepa-
    14  rate  keeplock housing unit or any form of keeplock, or cell confinement
    15  for more than seventeen hours a day other than in a facility-wide  lock-
    16  down.    Special  housing  units and separate keeplock units are housing
    17  units that consist of cells grouped so as to provide separation from the
    18  general population, and may be used to house inmates  confined  pursuant
    19  to the disciplinary procedures described in regulations.
    20    §  3.  Section  2  of the correction law is amended by adding five new

    21  subdivisions 32, 33, 34, 35, and 36 to read as follows:
    22    32. "Special populations" means any person: (a)  twenty-one  years  of
    23  age  or  younger; (b) fifty-five years of age or older; (c) with a disa-
    24  bility as defined in subdivision twenty-one of section two hundred nine-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13381-04-4

        S. 6466--A                          2
 
     1  ty-two of the executive law, including but not limited to, for  purposes
     2  of  mental  impairment, persons with a serious mental illness as defined
     3  in paragraph (e) of subdivision six of section one hundred  thirty-seven

     4  of this chapter; (d) who is pregnant, is in the first eight weeks of the
     5  post-partum recovery period after giving birth, or is caring for a child
     6  in  a  correctional institution pursuant to subdivisions two or three of
     7  section six hundred eleven  of  this  chapter;  or  (e)  who  is  or  is
     8  perceived to be lesbian, gay, bisexual, transgender, or intersex.
     9    33.  "Emergency confinement" means confinement in any cell for no more
    10  than twenty-four consecutive hours and no more  than  forty-eight  total
    11  hours  in  any fifteen day period, with at least one hour of out-of-cell
    12  recreation for every twenty-four hours.
    13    34. "Short-term segregated confinement" means  segregated  confinement

    14  of  no  more  than  three consecutive days and six days total within any
    15  thirty day period.
    16    35. "Extended segregated confinement" means segregated confinement  of
    17  no  more  than fifteen consecutive days and twenty days total within any
    18  sixty day period.
    19    36. "Residential rehabilitation unit" means secure and separate  units
    20  used  for  therapy,  treatment, and rehabilitative programming of people
    21  who would be placed in segregated  confinement  for  more  than  fifteen
    22  days. Such units are therapeutic and trauma-informed, and aim to address
    23  individual  treatment  and rehabilitation needs and underlying causes of
    24  problematic behaviors.
    25    § 4. Subdivision 6 of section 137 of the correction law is amended  by

    26  adding  eight  new paragraphs (g), (h), (i), (j), (k), (l), (m), and (n)
    27  to read as follows:
    28    (g) Persons in a special population as defined in subdivision  thirty-
    29  two  of  section  two  of this chapter shall not be placed in segregated
    30  confinement for any length of time.  Any  such  persons  the  department
    31  would  otherwise place in segregated confinement shall remain in general
    32  population or be diverted to a residential  rehabilitation  unit.  If  a
    33  person  in  a  special population is placed in emergency confinement for
    34  more than sixteen hours, he or she shall be allowed out-of-cell at least
    35  four hours.
    36    (h) No person may be in segregated confinement for longer than  neces-
    37  sary  and never more than fifteen consecutive days nor twenty total days

    38  within any sixty day period. At these limits, persons must  be  released
    39  from segregated confinement or diverted to a separate secure residential
    40  rehabilitation unit.
    41    (i)  (i)  All  segregated  confinement  and residential rehabilitation
    42  units shall create the least restrictive environment necessary  for  the
    43  safety of residents, staff, and the security of the facility.
    44    (ii) Persons in segregated confinement shall be allowed out-of-cell at
    45  least  four  hours  per day, including at least one hour for recreation.
    46  Persons in residential rehabilitation units shall be  allowed  at  least
    47  six  hours  per  day  out-of-cell  for programming, services, treatment,
    48  and/or meals, and an additional minimum  of  one  hour  for  recreation.

    49  Recreation in all units shall take place in a congregate setting, unless
    50  exceptional  circumstances  mean doing so would create a significant and
    51  unreasonable risk to the  safety  and  security  of  other  incarcerated
    52  persons, staff, or the facility.
    53    (iii) Persons in segregated confinement and residential rehabilitation
    54  units  shall:  (A) receive at least comparable medical and mental health
    55  care to general  population,  including  obstetrical  and  gynecological
    56  services,  in  a  setting ensuring privacy and confidentiality; (B) have

        S. 6466--A                          3
 
     1  their basic needs met in a manner comparable to general population,  and
     2  never  have  restricted  diets  nor any order restricting any basic need

     3  imposed as a form of punishment; (C) if in a residential  rehabilitation
     4  unit be able to retain all their property with them; (D) have comparable
     5  access  to  all services and materials as in general population; and (E)
     6  be able to retain program materials, complete program  assignments,  and
     7  continue  upon  return  all  uncompleted  programs they were in prior to
     8  placement in segregated  confinement  or  a  residential  rehabilitation
     9  unit.
    10    (iv)  Within  ten  days  of  admission to a residential rehabilitation
    11  unit, an assessment  committee  comprised  of  program,  rehabilitation,
    12  mental  health,  and  security  staff shall administer an assessment and
    13  develop in collaboration with the resident an individual  rehabilitation

    14  plan,  based  upon  the person's medical, mental health, and programming
    15  needs, that identifies  specific  goals  and  programs,  treatment,  and
    16  services  to  be  offered, with projected time frames for completion and
    17  release from the residential rehabilitation unit.
    18    (v) Residents in residential rehabilitation units shall have access to
    19  programs and jobs comparable to all core out-of-cell programs in general
    20  population.  Such residents shall also have access to additional out-of-
    21  cell,  trauma-informed  therapeutic  programming  aimed   at   promoting
    22  personal development, addressing underlying causes of problematic behav-
    23  ior  resulting  in  placement  in a residential rehabilitation unit, and

    24  helping prepare for discharge from the unit and to the community.
    25    (vi) If the department establishes that  a  person  committed  an  act
    26  defined in subparagraph (iii) of paragraph (j) of this subdivision while
    27  in segregated confinement or a residential rehabilitation unit and poses
    28  a  significant and unreasonable risk to the safety and security of other
    29  residents or staff, the department may restrict  that  person's  partic-
    30  ipation  in programming and out-of-cell time as necessary for the safety
    31  of other residents and staff. If restrictions are imposed in  segregated
    32  confinement,  the  department must still provide at least two hours out-
    33  of-cell time. If restrictions are imposed  in  a  residential  rehabili-

    34  tation  unit,  the  department  shall develop a new rehabilitation plan,
    35  provide at least three hours out-of-cell time, and on each day  program-
    36  ming  restrictions are imposed provide at least two hours of out-of-cell
    37  one-on-one therapy with the resident and one hour of out-of-cell  recre-
    38  ation. The department shall remove all restrictions within fifteen days,
    39  and  may not impose new restrictions unless the person commits a new act
    40  defined in subparagraph (iii) of paragraph (j) of this subdivision.
    41    (vii) Restraints shall not be used when  residents  leave  a  cell  or
    42  housing  area  for  on-unit operations, unless a resident was found at a
    43  hearing to have committed an act of violence on the residential rehabil-

    44  itation unit within the previous seven days or is currently acting in an
    45  unacceptably violent manner, and not using  restraints  would  create  a
    46  significant  and  unreasonable  risk to the safety and security of other
    47  residents or staff.
    48    (viii) There shall be a presumption against the imposition  of  misbe-
    49  havior  reports, pursuit of disciplinary charges, or imposition of addi-
    50  tional time in segregated  confinement  for  individuals  in  segregated
    51  confinement  or  residential  rehabilitation units. The department shall
    52  use other non-disciplinary  interventions  to  address  any  problematic
    53  behavior. No resident shall receive segregated confinement time while in
    54  segregated confinement or a residential rehabilitation unit except where

    55  it  is  determined  pursuant  to  a  disciplinary hearing that he or she
    56  committed one or more act listed in subparagraph (iii) of paragraph  (j)

        S. 6466--A                          4
 
     1  of  this  subdivision  while  on  the  unit,  and that he or she poses a
     2  significant and unreasonable risk to the safety of residents  or  staff,
     3  or the security of the facility.
     4    (j)  (i)  The  department  may place a person in emergency confinement
     5  without a hearing if necessary for immediately  defusing  a  substantial
     6  and  imminent  threat  to  safety or security of incarcerated persons or
     7  staff.
     8    (ii) The department is encouraged to use responses other  than  segre-

     9  gated confinement in response to department rule violations. The depart-
    10  ment  may  place  a  person  in  short term segregated confinement if it
    11  determines, pursuant to an evidentiary hearing, that the person  commit-
    12  ted  a  department  rule  violation  warranting such confinement and the
    13  length  of  segregated  confinement  imposed  is  proportionate  to  the
    14  violation.
    15    (iii)  The  department  may  place  a  person  in  extended segregated
    16  confinement or a residential rehabilitation unit only if, pursuant to an
    17  evidentiary hearing, it determines the  person  committed,  while  under
    18  department  custody,  or  prior to custody if the commissioner or his or
    19  her designee determines in writing based on specific objective  criteria

    20  the  acts were so heinous or destructive that general population housing
    21  creates a significant risk of imminent serious physical injury to  staff
    22  or other incarcerated persons, one of the following acts: (A) causing or
    23  attempting  to cause serious physical injury or death to another person;
    24  (B) compelling or attempting to  compel  another  person,  by  force  or
    25  threat  of  force,  to engage in a sexual act; (C) extorting another, by
    26  force or threat of force, for property or money; (D)  coercing  another,
    27  by  force or threat of force, to violate any rule; (E) leading, organiz-
    28  ing, or inciting a serious disturbance that results in the taking  of  a
    29  hostage,  major property damage, or physical harm to another person; (F)

    30  procuring deadly weapons or other  dangerous  contraband  that  poses  a
    31  serious  threat  to  the  security  of the institution; or (G) escaping,
    32  attempting to escape or facilitating an escape from a facility, or while
    33  under supervision outside of such a facility, resulting in physical harm
    34  or threatened physical harm to others, or in major  destruction  to  the
    35  physical plant.
    36    (iv)  No  person  may be held in segregated confinement for protective
    37  custody. Any unit used  for  protective  custody  must,  at  a  minimum,
    38  conform to requirements governing residential rehabilitation units under
    39  paragraphs (i), (l), (m), and (n) of this subdivision. When applied to a
    40  person  in  protective  custody,  the  criteria in subparagraph (ii) and

    41  clause (A) of subparagraph (iii) of paragraph (l)  of  this  subdivision
    42  shall  be  that "the person still is in need of protective custody"; and
    43  the criteria in subparagraph (iv) of paragraph (l) of  this  subdivision
    44  shall be that "the person is in voluntary protective custody."
    45    (k)  (i)  All hearings to determine if a person may be placed in short
    46  term or extended segregated confinement shall occur prior  to  placement
    47  in  segregated  confinement  unless  a security supervisor, with written
    48  approval of a facility superintendent or designee,  reasonably  believes
    49  the  person  fits the criteria for extended segregated confinement. If a
    50  hearing does not take place prior to placement, it shall occur  as  soon

    51  as  reasonably  practicable  and  at  most  within five days of transfer
    52  unless the charged person seeks more time. All hearings shall at a mini-
    53  mum comply with the standards of all department rules  for  disciplinary
    54  hearings  as  of  January  first, two thousand fifteen.   Persons at all
    55  hearings shall be permitted  to  be  represented  by  any  pro  bono  or
    56  retained  attorney,  or  law  student;  or any paralegal or incarcerated

        S. 6466--A                          5
 
     1  person unless the department reasonably disapproves of such paralegal or
     2  incarcerated person based upon objective written criteria  developed  by
     3  the  department  concerning qualifications to be an assistant at a hear-
     4  ing.

     5    (ii)  On  notification a person is to be placed in segregated confine-
     6  ment and prior to such placement, he or she shall be assessed  by  rele-
     7  vant  licensed  medical,  social,  and/or mental health professionals to
     8  determine whether he or she belongs to any special population as defined
     9  in subdivision thirty-two of section two of this chapter.  If  a  person
    10  disputes  a determination that he or she is not in a special population,
    11  he or she shall be provided a hearing within seventy-two hours of place-
    12  ment in segregated confinement to challenge such determination.
    13    (l) (i) Any sanction  imposed  on  an  incarcerated  person  requiring
    14  segregated  confinement  shall  run while the person is in a residential

    15  rehabilitation unit and the person shall be  discharged  from  the  unit
    16  before or at the time that sanction expires.
    17    (ii)  Within  thirty days of admission to a residential rehabilitation
    18  unit and every sixty days thereafter,  the  assessment  committee  shall
    19  review  each  resident's  progress  and  discharge  a resident unless it
    20  determines in writing through credible and reliable evidence that  there
    21  is  currently  a substantial likelihood that the resident will commit an
    22  act listed in subparagraph (iii) of paragraph (j) of this subdivision.
    23    (iii) Within one hundred days after admission to a  residential  reha-
    24  bilitation unit and every one hundred twenty days thereafter, a rehabil-

    25  itation  review  committee, comprised of correctional facility executive
    26  level program, rehabilitation, and  security  staff  shall  discharge  a
    27  resident  from a residential rehabilitation unit unless it determines in
    28  writing, after considering the resident's oral statement and any written
    29  submissions by the resident or others, that: (A) there  is  currently  a
    30  substantial  likelihood  that  the resident will commit an act listed in
    31  subparagraph (iii) of paragraph (j)  of  this  subdivision,  significant
    32  therapeutic  reasons  exist  for  keeping  the  resident  in the unit to
    33  complete specific program or treatment goals, and remaining in the  unit
    34  is in the best interest of the resident; or (B) the resident has commit-

    35  ted  an act listed in subparagraph (iii) of paragraph (j) of this subdi-
    36  vision during the one hundred twenty days prior to the review.
    37    (iv) If a resident has spent one year in a residential  rehabilitation
    38  unit or is within sixty days of a fixed or tentatively approved date for
    39  release  from  a  correctional facility, he shall be discharged from the
    40  unit unless he or she committed an act listed in subparagraph  (iii)  of
    41  paragraph  (j)  of  this subdivision within the prior one hundred eighty
    42  days or he or she caused the death of another person while under depart-
    43  ment custody or escaped or attempted to escape from department or  other
    44  police  custody and the rehabilitation review committee determines he or

    45  she poses a significant and unreasonable risk to the safety or  security
    46  of  incarcerated persons or staff, but in any such case the decision not
    47  to  discharge  such  person  shall  be  immediately  and   automatically
    48  subjected  to  an  independent  review by the justice center entity with
    49  oversight responsibilities under section  four  hundred  one-a  of  this
    50  chapter,  with  timely  notice  given  to the incarcerated person of the
    51  submission of the case to the justice center and of the decision of  the
    52  justice  center.    If the justice center disagrees with the decision to
    53  not discharge, the resident will be immediately released from the  resi-
    54  dential rehabilitation unit. If the justice center agrees with the deci-

    55  sion  to not discharge, the discharge procedures set forth in this para-
    56  graph shall apply including annual reviews by the justice  center  of  a

        S. 6466--A                          6
 
     1  decision  by  the rehabilitation review committee to refuse to release a
     2  resident, however, under no circumstances shall any such person be  held
     3  in  the residential rehabilitation unit for more than three years unless
     4  the  rehabilitation  review  committee determines he or she committed an
     5  act listed in subparagraph (iii) of paragraph (j)  of  this  subdivision
     6  within one hundred eighty days prior to the expiration of the three year
     7  period  and  poses  a significant and unreasonable risk to the safety or

     8  security of incarcerated persons or staff.
     9    (v) After each assessment committee and rehabilitation review  commit-
    10  tee decision, if a resident is not discharged from the residential reha-
    11  bilitation  unit,  the respective committee shall specify in writing (A)
    12  the reasons for  the  determination  and  (B)  the  program,  treatment,
    13  service,  and/or corrective action requirements for discharge. The resi-
    14  dent shall be given access to the programs, treatment and services spec-
    15  ified, and shall be discharged from the residential rehabilitation  unit
    16  upon  completion  unless  the  resident  has  committed an act listed in
    17  subparagraph (iii) of paragraph  (j)  of  this  subdivision  during  the
    18  previous one hundred twenty days.

    19    (vi)  When  a resident is discharged from a residential rehabilitation
    20  unit, any remaining sentence to  segregated  confinement  time  will  be
    21  dismissed.  If  a  resident  substantially  completes his rehabilitation
    22  plan, he or she will have all good time restored upon discharge from the
    23  unit.
    24    (m) All staff, including supervisory staff, working  in  a  segregated
    25  confinement  or  residential rehabilitation unit shall undergo a minimum
    26  of forty hours of training prior to working on the unit and  twenty-four
    27  hours annually thereafter, on substantive content developed in consulta-
    28  tion  with  relevant experts, including trauma, psychiatric and restora-
    29  tive justice experts, on topics  including,  but  not  limited  to,  the

    30  purpose  and  goals  of  the  non-punitive  therapeutic  environment and
    31  dispute resolution methods. Prior to presiding over  any  hearings,  all
    32  hearing officers shall undergo a minimum of forty hours of training, and
    33  eight  hours  annually thereafter, on relevant topics, including but not
    34  limited  to,  the  physical  and  psychological  effects  of  segregated
    35  confinement,  procedural  and  due  process  rights  of the accused, and
    36  restorative justice remedies.
    37    (n) The department shall make publicly available  monthly  reports  of
    38  the  number of people as of the first day of each month, and semi-annual
    39  and annual cumulative reports of the total number of people, who are (i)

    40  in segregated confinement; and (ii) in residential rehabilitation units;
    41  along with a breakdown of the  number  of  people  (iii)  in  segregated
    42  confinement and (iv) in residential rehabilitation units by (A) age; (B)
    43  race;  (C)  gender; (D) mental health level; (E) health status; (F) drug
    44  addiction status; (G) pregnancy  status;  (H)  lesbian,  gay,  bisexual,
    45  transgender,  or  intersex  status;  and  (I) total continuous length of
    46  stay, and total length of stay in the past  sixty  days,  in  segregated
    47  confinement or a residential rehabilitation unit.
    48    §  5.  Section  401-a of the correction law is amended by adding a new
    49  subdivision 4 to read as follows:
    50    4. The justice center shall assess compliance with the terms  of,  and

    51  at  least annually report on and make recommendations to the department,
    52  legislature, and public in writing, regarding all aspects of  segregated
    53  confinement  and  residential rehabilitation units in state correctional
    54  facilities pursuant to section one hundred thirty-seven of this chapter,
    55  including but not limited  to  policies  and  practices  regarding:  (a)
    56  placement of persons; (b) special populations; (c) length of time spent;

        S. 6466--A                          7
 
     1  (d)  hearings  and procedures; (e) conditions, programs, services, care,
     2  and treatment; and (f) assessments and rehabilitation plans, and  proce-
     3  dures  and  determinations  made  as to whether persons should remain in
     4  residential rehabilitation units.

     5    §  6. Subdivision 4 of section 45 of the correction law, as amended by
     6  section 15 of subpart A of part C of chapter 62 of the laws of 2011,  is
     7  amended to read as follows:
     8    4.  (a)  Establish  procedures  to  assure  effective investigation of
     9  grievances of, and conditions affecting, inmates of  local  correctional
    10  facilities.  Such procedures shall include but not be limited to receipt
    11  of  written complaints, interviews of persons, and on-site monitoring of
    12  conditions.  In addition, the commission shall establish procedures  for
    13  the  speedy  and  impartial  review  of grievances referred to it by the
    14  commissioner of the department of corrections and community supervision.
    15    (b) The commission shall also assess compliance with the terms of, and
    16  at least annually report on and make recommendations to the  department,

    17  legislature, and public, regarding all aspects of segregated confinement
    18  and  residential  rehabilitation units in facilities governed by section
    19  five hundred-k of this chapter, including but not  limited  to  policies
    20  and practices for both regarding: (i) placement of persons; (ii) special
    21  populations;  (iii)  length of time spent; (iv) hearings and procedures;
    22  (v) conditions,  programs,  services,  care,  and  treatment;  and  (vi)
    23  assessments  and rehabilitation plans, and procedures and determinations
    24  made as to whether persons should remain in  residential  rehabilitation
    25  units.
    26    § 7. This act shall take effect immediately.
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