Clarifies the definition of persons with a disability for purposes of the definition of special populations to include people with a mental health diagnosis, people on the office of mental health caseload, people with an intellectual, developmental or cognitive diagnosis, people with physical disability or mobility impairment, and people with a sensorial disability diagnosis.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A911A
SPONSOR: Forrest TITLE OF BILL:
An act to amend the correction law, in relation to clarifying the defi-
nition of persons with a disability for purposes of the definition of
special populations
PURPOSE: :
To clarify the intent of the HALT Solitary Confinement law (Chapter 93
of the Laws of 2021) that individuals with recognized and diagnosed
mental health disorders or illnesses are part of the "special popu-
lations" excluded from segregated confinement.
SUMMARY OF PROVISIONS:
Section 1 amends correction law section 2 (33), subparagraphs (c) and
(d) to clarify the original intent of the HALT Solitary Confinement Act
to include in the definition of "special populations" (and, therefore
prohibited from being placed ion segregated confinement), all individ-
uals with a disability as defined in executive law section 292 (21)(a)
including all diagnosable conditions, including all people on the office
of mental health caseload currently and all people with any disability
(including but not limited to any intellectual, mental health, develop-
mental, cognitive, physical, mobility, sensorial, medical, or other
disability, a traumatic brain injury, or an organic brain syndrome); (d)
who had been on the office of mental health caseload, or had a diagnosis
of any disability (including any intellectual, mental health, develop-
mental, cognitive, physical, sensorial, medical, or other disability)
within the previous year.
Section 2 sets the effective date.
JUSTIFICATION:
The HALT Solitary law categorically bans members of groups defined as
"special populations" from being placed in segregated confinement. The
existing law explicitly includes within the definition of "special popu-
lations" the definition contained in Executive Law section 292 (21)(a),
which defines disability as "a physical, mental or medical impairment
resulting from anatomical, physiological, genetic or neurological condi-
tions which prevents the exercise of normal bodily function or is demon-
strable by medically accepted clinical or laboratory diagnostic tech-
niques." Under this definition, any person in DOCCS custody who is, for
example, on the OMH mental-health case-load, would be deemed to be in
the "special population" banned from segregated confinement. In prac-
tice, DOCCS had not been complying with this requirement. This has been
noted by investigative reports in NYS Focus (Gelardi, Chris, "Prisons
Are Illegally Throwing People With Disabilities into Solitary Confine-
ment", 9/26/2022) and by the Correctional Association of NY in their
comprehensive report on HALT compliance published in March 2023.
While the original statutory provision in the HALT Law is clear, it
appears that additional clarity is required at this time to ensure that
the initial intent of the legislature is properly followed.
FISCAL IMPACT:
None.
LEGISLATIVE HISTORY:
SENATE:
2024: S6977 (Salazar) - Referred to Crime Victims, Crime and Correction,
reported, passed Senate.
2023: S6977 (Salazar) - Referred to Crime Victims, Crime and Correction.
ASSEMBLY:
2023-2024: A7533 (Forrest) - Referred to Correction
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
911--A
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. FORREST -- read once and referred to the Commit-
tee on Correction -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to clarifying the defi-
nition of persons with a disability for purposes of the definition of
special populations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (c) and (d) of subdivision 33 of section 2 of
2 the correction law, as added by chapter 93 of the laws of 2021, are
3 amended to read as follows:
4 (c) with a disability as defined in paragraph (a) of subdivision twen-
5 ty-one of section two hundred ninety-two of the executive law, which
6 includes all diagnosable conditions, including all people on the office
7 of mental health caseload currently and all people with any disability
8 (including but not limited to any intellectual, mental health, develop-
9 mental, cognitive, physical, mobility, sensorial, medical, or other
10 disability, a traumatic brain injury, or an organic brain syndrome);
11 [or] (d) who had been on the office of mental health caseload, or had a
12 diagnosis of any disability (including any intellectual, mental health,
13 developmental, cognitive, physical, sensorial, medical, or other disa-
14 bility) within the previous year; or (e) who is pregnant, in the first
15 eight weeks of the post-partum recovery period after giving birth, or
16 caring for a child in a correctional institution pursuant to subdivi-
17 sions two or three of section six hundred eleven of this chapter.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02084-03-5
