|SAME AS||SAME AS S04784-A|
|COSPNSR||Perry, Arroyo, Barrett, Steck, Rivera, Gottfried, Cook, Jaffee, Davila, Lupardo, Sepulveda, Mosley, Ortiz, Peoples-Stokes, Skartados, Quart, Weprin, Rosenthal L, Lifton, Abinanti, Pretlow, Bichotte, Barron, Walker, Blake, Rodriguez, Fahy, Titone, McDonald, Cahill, Joyner, Jenne, Benedetto, Solages, Richardson, Pichardo, Hyndman, Stirpe, Titus, Kim, Simotas, Otis, Mayer, Jean-Pierre, Dickens, Bronson, Hunter, Rozic, Carroll, Crespo, De La Rosa, Dilan, Vanel, D'Urso, Galef, Taylor, Niou, Pellegrino, Espinal, Fernandez|
|MLTSPNSR||Cusick, Englebright, Glick, Hevesi, Lavine, Lentol, Magee, Ramos, Seawright, Simon, Thiele, Wright|
|Amd §§137, 138, 2, 401, 401-a, 500-k & 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.|
Go to top
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3080B SPONSOR: Aubry (MS)
TITLE OF BILL: An act to amend the correction law, in relation to restricting the use of segregated confinement and creating alternative therapeutic and rehabilitative confinement options   PURPOSE: This bill will be known as the "Humane Alternatives to Long-Term Soli- tary Confinement" Act (the HALT Solitary Confinement Act.) This bill would limit the time an inmate can spend in segregated confinement, end the segregated confinement of vulnerable people, restrict the criteria that can result in such confinement, improve conditions of confinement, and create more humane and effective alternatives to such confinement.   SUMMARY OF PROVISIONS: Section 1 clarifies that the bill's provisions apply to all types and locations of segregated confinement. Section 2 defines "special populations" and "residential rehabilitation units". Section 3 prohibits the use of special diets as punishment. Section 4 provides for mental health screening and a heightened level of care for prisoners placed into segregated confinement or residential rehabilitation units. Section 5 prohibits placement of individuals who are in one of the special populations in SHU and limits their keep-lock placement to 48 hours; prohibits placement of any inmate in segregated confinement for more than 15 consecutive days or 20 out of 60 days unless specific acts are committed while in such confinement; specifies certain conditions of confinement and programs within residential rehabilitation units; creates a safety exception for people committing serious disciplinary infractions in SHU and residential rehabilitation units; prohibits the use of restraints in the residential rehabilitation units unless neces- sary for safety and security; prohibits placement of individuals in protective custody in segregated confinement; provides for periodic review of a person's placement in residential rehabilitation units; reinstates lost good time for successful completion of the residential rehabilitation unit program goals; provides for training of staff; and provides for public reporting. Section 6 creates a preference for non-disciplinary interventions by the department. Section 7 provides that services in residential mental health treatment units shall be at least comparable to services in residential rehabili- tation units. Section 8 provides that inmates in residential mental health treatment units may be moved to residential rehabilitation units under certain circumstances. Section 9 limits the removal of inmates with mental illness from resi- dential mental health units to residential rehabilitation units unless they commit specified acts of misconduct. Section 10 provides for staff training. Section 11 provides for Justice Center oversight of segregated confine- ment and residential rehabilitation units. Section 12 provides for Commission of Correction oversight of segregated confinement in jails. Section 13 provides for sections of the law to apply to jails. Section 14 is the effective date.   JUSTIFICATION: This bill aims to make New York's prison and jail practices more humane. The bill limits the length of time anyone can spend in segregated confinement, restricts the criteria that can result in such confinement, provides additional procedural protections prior to such confinement, and exempts certain vulnerable groups. The bill also provides an alter- native mechanism for working with people who engage in serious violence or other problematic behavior. Studies have consistently found that subjecting people to segregated confinement for twenty-two to twenty-four hours a day without meaningful human contact, programming, or therapy can cause deep and permanent psychological, physical, developmental, and social harm. People often have more difficulty complying with prison rules after being placed in segregated confinement. Segregated confinement can be particularly devastating for certain vulnerable people, such as young or elderly people, pregnant women, and people with disabilities or trauma histo- ries. Other states have dramatically reduced the number of people in segregated confinement, and seen positive benefits in terms of safety and decreased violence. Despite the tremendous harm caused by massive isolation of thousands of incarcerated persons, New York prisons and jails currently impose segre- gated confinement routinely for too long a period of time. On any given day, there are nearly 3,000 people, disproportionately people of color, in state prisons in Special Housing Units (SHU) and thousands more in other forms of isolation. There are also hundreds of people in segre- gated confinement in jails in New York City alone. Despite claims that segregated confinement is used in response to the most violent behavior, five out of six disciplinary infractions that result in SHU time in New York prisons are for non-violent conduct. Moreover, people routinely suffer in segregated confinement for months, years,and even decades in New York. A growing chorus of individuals, organizations, and policy-makers has called for a dramatic transformation and curtailment of the use of segregated confinement. The United Nations Special Rapporteur on Torture concluded that solitary confinement can amount to torture and recom- mended abolishing its use beyond 15 days and prohibiting any use of solitary for vulnerable groups or purposes of punishment. The New York Civil Liberties Union and others have issued reports documenting the arbitrary and unjustified use of segregated confinement in New York and the negative impact its use has on incarcerated persons, staff, and safety in our prisons and communities. The New York State Bar Associ- ation has called upon the state and city corrections departments to profoundly restrict the use of segregated confinement, end segregated confinement beyond 15 days, adopt stringent criteria for any separation and ensure any separation is for the briefest period and in the least restrictive conditions practicable. This bill takes up the growing call to limit segregated confinement and provide more humane and effective alternatives.   LEGISLATIVE HISTORY: A.8588-A was amended and recommitted to correction in 2014. A.4401 was referred to correction in 2015 and 2016. A.3080 was amended in 2018.   FISCAL IMPLICATIONS: To be determined.   LOCAL FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act will take effect one year after it becomes law.
Go to top
STATE OF NEW YORK ________________________________________________________________________ 3080--B 2017-2018 Regular Sessions IN ASSEMBLY January 26, 2017 ___________ Introduced by M. of A. AUBRY, PERRY, ARROYO, BARRETT, STECK, RIVERA, GOTTFRIED, COOK, JAFFEE, DAVILA, LUPARDO, SEPULVEDA, MOSLEY, ORTIZ, PEOPLES-STOKES, SKARTADOS, QUART, WEPRIN, L. ROSENTHAL, LIFTON, ABINANTI, PRETLOW, BICHOTTE, BARRON, WALKER, BLAKE, RODRIGUEZ, FAHY, TITONE, McDONALD, CAHILL, HARRIS, JOYNER, JENNE, BENEDETTO, SOLAGES, RICHARDSON, PICHARDO, HYNDMAN, STIRPE, TITUS, KIM, SIMOTAS, OTIS, MAYER, JEAN-PIERRE, DICKENS, BRONSON, HUNTER, ROZIC, CARROLL, CRESPO, DE LA ROSA, DILAN, VANEL, D'URSO, GALEF -- Multi-Sponsored by -- M. of A. CUSICK, ENGLEBRIGHT, GLICK, HEVESI, LAVINE, LENTOL, MAGEE, RAMOS, SEAWRIGHT, SIMON, THIELE, WRIGHT -- read once and referred to the Committee on Correction -- recommitted to the Committee on Correction in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, 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. Subdivision 23 of section 2 of the correction law, as added 2 by chapter 1 of the laws of 2008, is amended to read as follows: 3 23. "Segregated confinement" means the [ disciplinary] confinement of 4 an inmate in [ a special housing unit or in a separate keeplock housing5 unit. Special housing units and separate keeplock units are housing6 units that consist of cells grouped so as to provide separation from the7 general population, and may be used to house inmates confined pursuant8 to the disciplinary procedures described in regulations] any form of 9 cell confinement for more than seventeen hours a day other than in a 10 facility-wide emergency or for the purpose of providing medical or 11 mental health treatment. Cell confinement that is implemented due to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08286-08-8A. 3080--B 2 1 medical or mental health treatment shall be within a clinical area in 2 the correctional facility or in as close proximity to a medical or 3 mental health unit as possible. 4 § 2. Section 2 of the correction law is amended by adding two new 5 subdivisions 32 and 33 to read as follows: 6 32. "Special populations" means any person: (a) twenty-one years of 7 age or younger; (b) fifty-five years of age or older; (c) with a disa- 8 bility as defined in paragraph (a) of subdivision twenty-one of section 9 two hundred ninety-two of the executive law; or (d) who is pregnant, in 10 the first eight weeks of the post-partum recovery period after giving 11 birth, or caring for a child in a correctional institution pursuant to 12 subdivisions two or three of section six hundred eleven of this chapter. 13 33. "Residential rehabilitation unit" means a separate housing unit 14 used for therapy, treatment, and rehabilitative programming of incarcer- 15 ated people who have been determined to require more than fifteen days 16 of segregated confinement pursuant to department proceedings. Such units 17 shall be therapeutic and trauma-informed, and aim to address individual 18 treatment and rehabilitation needs and underlying causes of problematic 19 behaviors. 20 § 3. Paragraph (a) of subdivision 6 of section 137 of the correction 21 law, as amended by chapter 490 of the laws of 1974, is amended to read 22 as follows: 23 (a) The inmate shall be supplied with a sufficient quantity of whole- 24 some and nutritious food[ , provided, however, that such food need not be25 the same as the food supplied to inmates who are participating in26 programs of the facility]; 27 § 4. Paragraph (d) of subdivision 6 of section 137 of the correction 28 law, as added by chapter 1 of the laws of 2008, is amended to read as 29 follows: 30 (d) (i) Except as set forth in clause (E) of subparagraph (ii) of this 31 paragraph, the department, in consultation with mental health clini- 32 cians, shall divert or remove inmates with serious mental illness, as 33 defined in paragraph (e) of this subdivision, from segregated confine- 34 ment or confinement in a residential rehabilitation unit, where such 35 confinement could potentially be for a period in excess of thirty days, 36 to a residential mental health treatment unit. Nothing in this para- 37 graph shall be deemed to prevent the disciplinary process from proceed- 38 ing in accordance with department rules and regulations for disciplinary 39 hearings. 40 (ii) (A) Upon placement of an inmate into segregated confinement or a 41 residential rehabilitation unit at a level one or level two facility, a 42 suicide prevention screening instrument shall be administered by staff 43 from the department or the office of mental health who has been trained 44 for that purpose. If such a screening instrument reveals that the inmate 45 is at risk of suicide, a mental health clinician shall be consulted and 46 appropriate safety precautions shall be taken. Additionally, within one 47 business day of the placement of such an inmate into segregated confine- 48 ment at a level one or level two facility, the inmate shall be assessed 49 by a mental health clinician. 50 (B) Upon placement of an inmate into segregated confinement or a resi- 51 dential rehabilitation unit at a level three or level four facility, a 52 suicide prevention screening instrument shall be administered by staff 53 from the department or the office of mental health who has been trained 54 for that purpose. If such a screening instrument reveals that the inmate 55 is at risk of suicide, a mental health clinician shall be consulted and 56 appropriate safety precautions shall be taken. All inmates placed inA. 3080--B 3 1 segregated confinement or a residential rehabilitation unit at a level 2 three or level four facility shall be assessed by a mental health clini- 3 cian, within [ fourteen] seven days of such placement into segregated 4 confinement. 5 (C) At the initial assessment, if the mental health clinician finds 6 that an inmate suffers from a serious mental illness, that person shall 7 be diverted or removed from segregated confinement or a residential 8 rehabilitation unit and a recommendation shall be made whether excep- 9 tional circumstances, as described in clause (E) of this subparagraph, 10 exist. In a facility with a joint case management committee, such recom- 11 mendation shall be made by such committee. In a facility without a joint 12 case management committee, the recommendation shall be made jointly by a 13 committee consisting of the facility's highest ranking mental health 14 clinician, the deputy superintendent for security, and the deputy super- 15 intendent for program services, or their equivalents. Any such recommen- 16 dation shall be reviewed by the joint central office review committee. 17 The administrative process described in this clause shall be completed 18 within [ fourteen] seven days of the initial assessment, and if the 19 result of such process is that the inmate should be removed from segre- 20 gated confinement or a residential rehabilitation unit, such removal 21 shall occur as soon as practicable, but in no event more than seventy- 22 two hours from the completion of the administrative process. Pursuant to 23 paragraph (g) of this subdivision, nothing in this section shall permit 24 the placement of an incarcerated person with serious mental illness into 25 segregated confinement at any time, even for the purposes of assessment. 26 (D) If an inmate with a serious mental illness is not diverted or 27 removed to a residential mental health treatment unit, such inmate shall 28 be diverted to a residential rehabilitation unit and reassessed by a 29 mental health clinician within fourteen days of the initial assessment 30 and at least once every fourteen days thereafter. After each such addi- 31 tional assessment, a recommendation as to whether such inmate should be 32 removed from [ segregated confinement] a residential rehabilitation unit 33 shall be made and reviewed according to the process set forth in clause 34 (C) of this subparagraph. 35 (E) A recommendation or determination whether to remove an inmate from 36 segregated confinement or a residential rehabilitation unit shall take 37 into account the assessing mental health clinicians' opinions as to the 38 inmate's mental condition and treatment needs, and shall also take into 39 account any safety and security concerns that would be posed by the 40 inmate's removal, even if additional restrictions were placed on the 41 inmate's access to treatment, property, services or privileges in a 42 residential mental health treatment unit. A recommendation or determi- 43 nation shall direct the inmate's removal from segregated confinement or 44 a residential rehabilitation unit except in the following exceptional 45 circumstances: (1) when the reviewer finds that removal would pose a 46 substantial risk to the safety of the inmate or other persons, or a 47 substantial threat to the security of the facility, even if additional 48 restrictions were placed on the inmate's access to treatment, property, 49 services or privileges in a residential mental health treatment unit; or 50 (2) when the assessing mental health clinician determines that such 51 placement is in the inmate's best interests based on his or her mental 52 condition and that removing such inmate to a residential mental health 53 treatment unit would be detrimental to his or her mental condition. Any 54 determination not to remove an inmate with serious mental illness from 55 segregated confinement or a residential rehabilitation unit shall be 56 documented in writing and include the reasons for the determination.A. 3080--B 4 1 (iii) Inmates with serious mental illness who are not diverted or 2 removed from [ segregated confinement] a residential rehabilitation unit 3 shall be offered a heightened level of mental health care, involving a 4 minimum of [ two] three hours [ each day, five days a week,] daily of 5 out-of-cell therapeutic treatment and programming. This heightened level 6 of care shall not be offered only in the following circumstances: 7 (A) The heightened level of care shall not apply when an inmate with 8 serious mental illness does not, in the reasonable judgment of a mental 9 health clinician, require the heightened level of care. Such determi- 10 nation shall be documented with a written statement of the basis of such 11 determination and shall be reviewed by the Central New York Psychiatric 12 Center clinical director or his or her designee. Such a determination is 13 subject to change should the inmate's clinical status change. Such 14 determination shall be reviewed and documented by a mental health clini- 15 cian every thirty days, and in consultation with the Central New York 16 Psychiatric Center clinical director or his or her designee not less 17 than every ninety days. 18 (B) The heightened level of care shall not apply in exceptional 19 circumstances when providing such care would create an unacceptable risk 20 to the safety and security of inmates or staff. Such determination shall 21 be documented by security personnel together with the basis of such 22 determination and shall be reviewed by the facility superintendent, in 23 consultation with a mental health clinician, not less than every seven 24 days for as long as the inmate remains in [ segregated confinement] a 25 residential rehabilitation unit. The facility shall attempt to resolve 26 such exceptional circumstances so that the heightened level of care may 27 be provided. If such exceptional circumstances remain unresolved for 28 thirty days, the matter shall be referred to the joint central office 29 review committee for review. 30 (iv) [ Inmates with serious mental illness who are not diverted or31 removed from segregated confinement shall not be placed on a restricted32 diet, unless there has been a written determination that the restricted33 diet is necessary for reasons of safety and security. If a restricted34 diet is imposed, it shall be limited to seven days, except in the excep-35 tional circumstances where the joint case management committee deter-36 mines that limiting the restricted diet to seven days would pose an37 unacceptable risk to the safety and security of inmates or staff. In38 such case, the need for a restricted diet shall be reassessed by the39 joint case management committee every seven days.40 (v)]All inmates in segregated confinement in a level one or level two 41 facility who are not assessed with a serious mental illness at the 42 initial assessment shall be offered at least one interview with a mental 43 health clinician within [ fourteen] seven days of their initial mental 44 health assessment, [ and additional interviews at least every thirty days45 thereafter,] unless the mental health clinician at the most recent 46 interview recommends an earlier interview or assessment. All inmates in 47 [ segregated confinement] a residential rehabilitation unit in a level 48 three or level four facility who are not assessed with a serious mental 49 illness at the initial assessment shall be offered at least one inter- 50 view with a mental health clinician within thirty days of their initial 51 mental health assessment, and additional interviews at least every nine- 52 ty days thereafter, unless the mental health clinician at the most 53 recent interview recommends an earlier interview or assessment. 54 § 5. Subdivision 6 of section 137 of the correction law is amended by 55 adding eight new paragraphs (g), (h), (i), (j), (k), (l), (m) and (n) to 56 read as follows:A. 3080--B 5 1 (g) Persons in a special population as defined in subdivision thirty- 2 two of section two of this chapter shall not be placed in segregated 3 confinement for any length of time, except in keeplock for a period 4 prior to a disciplinary hearing pursuant to paragraph (k) of this subdi- 5 vision. Individuals in a special population who are in keeplock prior 6 to a disciplinary hearing shall be given seven hours a day out-of-cell 7 time or shall be transferred to a residential rehabilitation unit or 8 residential mental health treatment unit as expeditiously as possible, 9 but in no case longer than forty-eight hours from the time an individual 10 is admitted to keeplock. 11 (h) No person may be placed in segregated confinement for longer than 12 necessary and no more than fifteen consecutive days or twenty total days 13 within any sixty day period. At these limits, he or she must be 14 released from segregated confinement or diverted to a separate residen- 15 tial rehabilitation unit. If placement of such person in segregated 16 confinement would exceed the twenty-day limit and the department estab- 17 lishes that the person committed an act defined in subparagraph (ii) of 18 paragraph (j) of this subdivision, the department may place the person 19 in segregated confinement until admission to a residential rehabili- 20 tation unit can be effectuated. Such admission to a residential rehabil- 21 itation unit shall occur as expeditiously as possible and in no case 22 take longer than forty-eight hours from the time such person is placed 23 in segregated confinement. 24 (i) (i) All segregated confinement and residential rehabilitation 25 units shall create the least restrictive environment necessary for the 26 safety of incarcerated persons, staff, and the security of the facility. 27 (ii) Persons in segregated confinement shall be offered out-of-cell 28 programming at least four hours per day, including at least one hour for 29 recreation. Persons admitted to residential rehabilitation units shall 30 be offered at least six hours of daily out-of-cell congregate program- 31 ming, services, treatment, and/or meals, with an additional minimum of 32 one hour for recreation. Recreation in all residential rehabilitation 33 units shall take place in a congregate setting, unless exceptional 34 circumstances mean doing so would create a significant and unreasonable 35 risk to the safety and security of other incarcerated persons, staff, or 36 the facility. 37 (iii) No limitation on services, treatment, or basic needs such as 38 clothing, food and bedding shall be imposed as a form of punishment. If 39 provision of any such services, treatment or basic needs to an individ- 40 ual would create a significant and unreasonable risk to the safety and 41 security of incarcerated persons, staff, or the facility, such services, 42 treatment or basic needs may be withheld until it reasonably appears 43 that the risk has ended. The department shall not impose restricted 44 diets or any other change in diet as a form of punishment. Persons in a 45 residential rehabilitation unit shall have access to all of their 46 personal property unless an individual determination is made that having 47 a specific item would pose a significant and unreasonable risk to the 48 safety of incarcerated persons or staff or the security of the unit. 49 (iv) Upon admission to a residential rehabilitation unit, program and 50 mental health staff shall administer assessments and develop an individ- 51 ual rehabilitation plan in consultation with the resident, based upon 52 his or her medical, mental health, and programming needs. Such plan 53 shall identify specific goals and programs, treatment, and services to 54 be offered, with projected time frames for completion and discharge from 55 the residential rehabilitation unit.A. 3080--B 6 1 (v) An incarcerated person in a residential rehabilitation unit shall 2 have access to programs and work assignments comparable to core programs 3 and work assignments in general population. Such incarcerated persons 4 shall also have access to additional out-of-cell, trauma-informed thera- 5 peutic programming aimed at promoting personal development, addressing 6 underlying causes of problematic behavior resulting in placement in a 7 residential rehabilitation unit, and helping prepare for discharge from 8 the unit and to the community. 9 (vi) If the department establishes that a person committed an act 10 defined in subparagraph (ii) of paragraph (j) of this subdivision while 11 in segregated confinement or a residential rehabilitation unit and poses 12 a significant and unreasonable risk to the safety and security of other 13 incarcerated persons or staff, the department may restrict such person's 14 participation in programming and out-of-cell activities as necessary for 15 the safety of other incarcerated persons and staff. If such restrictions 16 are imposed, the department must provide at least four hours out-of-cell 17 time daily, including at least two hours of therapeutic programming and 18 two hours of recreation, and must make reasonable efforts to reinstate 19 access to programming as soon as possible. In no case may such 20 restrictions extend beyond fifteen days unless the person commits a new 21 act defined herein justifying restrictions on program access, or if the 22 commissioner and, when appropriate, the commissioner of mental health 23 personally reasonably determine that the person poses an extraordinary 24 and unacceptable risk of imminent harm to the safety or security of 25 incarcerated persons or staff. Any extension of program restrictions 26 beyond fifteen days must be meaningfully reviewed and approved at least 27 every fifteen days by the commissioner and, when appropriate, by the 28 commissioner of mental health. Each review must consider the impact of 29 therapeutic programming provided during the fifteen-day period on the 30 person's risk of imminent harm and the commissioner must articulate in 31 writing, with a copy provided to the incarcerated person, the specific 32 reason why the person currently poses an extraordinary and unacceptable 33 risk of imminent harm to the safety or security of incarcerated persons 34 or staff. In no case may restrictions imposed by the commissioner extend 35 beyond ninety days unless the person commits a new act defined herein 36 justifying restrictions on program access. 37 (vii) Restraints shall not be used when incarcerated persons are 38 participating in out-of-cell activities within a residential rehabili- 39 tation unit unless an individual assessment is made that restraints are 40 required because of a significant and unreasonable risk to the safety 41 and security of other incarcerated persons or staff. 42 (j) (i) The department may place a person in segregated confinement 43 for up to three consecutive days and no longer than six days in any 44 thirty day period if, pursuant to an evidentiary hearing, it determines 45 that the person violated department rules which permit a penalty of 46 segregated confinement. The department may not place a person in segre- 47 gated confinement for longer than three consecutive days or six days 48 total in a thirty day period unless the provisions of subparagraph (ii) 49 of this paragraph are met. 50 (ii) The department may place a person in segregated confinement 51 beyond the limits of subparagraph (i) of this paragraph or in a residen- 52 tial rehabilitation unit only if, pursuant to an evidentiary hearing, it 53 determines by written decision that the person committed one of the 54 following acts and if the commissioner or his or her designee determines 55 in writing based on specific objective criteria the acts were so heinous 56 or destructive that placement of the individual in general populationA. 3080--B 7 1 housing creates a significant risk of imminent serious physical injury 2 to staff or other incarcerated persons, and creates an unreasonable risk 3 to the security of the facility: 4 (A) causing or attempting to cause serious physical injury or death to 5 another person or making an imminent threat of such serious physical 6 injury or death if the person has a history of causing such physical 7 injury or death and the commissioner and, when appropriate, the commis- 8 sioner of mental health or their designees reasonably determine that 9 there is a strong likelihood that the person will carry out such threat. 10 The commissioner of mental health or his or her designee shall be 11 involved in such determination if the person is or has been on the 12 mental health caseload or appears to require psychiatric attention. The 13 department and the office of mental health shall promulgate rules and 14 regulations pertaining to this clause; 15 (B) compelling or attempting to compel another person, by force or 16 threat of force, to engage in a sexual act; 17 (C) extorting another, by force or threat of force, for property or 18 money; 19 (D) coercing another, by force or threat of force, to violate any 20 rule; 21 (E) leading, organizing, inciting, or attempting to cause a riot, 22 insurrection, or other similarly serious disturbance that results in the 23 taking of a hostage, major property damage, or physical harm to another 24 person; 25 (F) procuring deadly weapons or other dangerous contraband that poses 26 a serious threat to the security of the institution; or 27 (G) escaping, attempting to escape or facilitating an escape from a 28 facility or escaping or attempting to escape while under supervision 29 outside such facility. 30 For purposes of this section, attempting to cause a serious disturb- 31 ance or to escape shall only be determined to have occurred if there is 32 a clear finding that the inmate had the intent to cause a serious 33 disturbance or the intent to escape and had completed significant acts 34 in the advancement of the attempt to create a serious disturbance or 35 escape. Evidence of withdrawal or abandonment of a plan to cause a seri- 36 ous disturbance or to escape shall negate a finding of intent. 37 (iii) No person may be placed in segregated confinement or a residen- 38 tial rehabilitation unit based on the same act or incident that was 39 previously used as the basis for such placement. 40 (iv) No person may be held in segregated confinement for protective 41 custody. Any unit used for protective custody must, at a minimum, 42 conform to requirements governing residential rehabilitation units. 43 (k) All hearings to determine if a person may be placed in segregated 44 confinement shall occur prior to placement in segregated confinement 45 unless a security supervisor, with written approval of a facility super- 46 intendent or designee, reasonably believes the person fits the specified 47 criteria for segregated confinement in subparagraph (ii) of paragraph 48 (j) of this subdivision. If a hearing does not take place prior to 49 placement, it shall occur as soon as reasonably practicable and at most 50 within five days of such placement unless the charged person seeks a 51 postponement of the hearing. Persons at such hearings shall be permitted 52 to be represented by any attorney or law student, or by any paralegal or 53 incarcerated person unless the department reasonably disapproves of such 54 paralegal or incarcerated person based upon objective written criteria 55 developed by the department.A. 3080--B 8 1 (l) (i) Any sanction imposed on an incarcerated person requiring 2 segregated confinement shall run while the person is in a residential 3 rehabilitation unit and the person shall be discharged from the unit 4 before or at the time such sanction expires. If a person successfully 5 completes his or her rehabilitation plan before the sanction expires, 6 the person shall have a right to be discharged from the unit upon such 7 completion. 8 (ii) If an incarcerated person has not been discharged from a residen- 9 tial rehabilitation unit within one year of initial admission to such a 10 unit or is within sixty days of a fixed or tentatively approved date for 11 release from a correctional facility, he or she shall have a right to be 12 discharged from the unit unless he or she committed an act listed in 13 subparagraph (ii) of paragraph (j) of this subdivision within the prior 14 one hundred eighty days and he or she poses a significant and unreason- 15 able risk to the safety or security of incarcerated persons or staff. In 16 any such case the decision not to discharge such person shall be imme- 17 diately and automatically subjected to an independent review by the 18 commissioner and the commissioner of mental health or their designees. A 19 person may remain in a residential rehabilitation unit beyond the time 20 limits provided in this section if both commissioners or both of their 21 designees approve this decision. In extraordinary circumstances, a 22 person who has not committed an act listed in subparagraph (ii) of para- 23 graph (j) of this subdivision within the prior one hundred eighty days, 24 may remain in a residential rehabilitation unit beyond the time limits 25 provided in this section if both the commissioner and the commissioner 26 of mental health personally determine that such individual poses an 27 extraordinary and unacceptable risk of imminent harm to the safety or 28 security of incarcerated persons or staff. 29 (iii) There shall be a meaningful periodic review of the status of 30 each incarcerated person in a residential rehabilitation unit at least 31 every sixty days to assess the person's progress and determine if the 32 person should be discharged from the unit. Following such periodic 33 review, if the person is not discharged from the unit, program and 34 mental health staff shall specify in writing the reasons for the deter- 35 mination and the program, treatment, service, and/or corrective action 36 required before discharge. The incarcerated person shall be given access 37 to the programs, treatment and services specified, and shall have a 38 right to be discharged from the residential rehabilitation unit upon the 39 successful fulfillment of such requirements. 40 (iv) When an incarcerated person is discharged from a residential 41 rehabilitation unit, any remaining time to serve on any underlying 42 disciplinary sanction shall be dismissed. If an incarcerated person 43 substantially completes his or her rehabilitation plan, he or she shall 44 have any associated loss of good time restored upon discharge from the 45 unit. 46 (m) All special housing unit, keeplock unit and residential rehabili- 47 tation unit staff and their supervisors shall undergo a minimum of thir- 48 ty-seven hours and thirty minutes of training prior to assignment to 49 such unit, and twenty-one hours of additional training annually there- 50 after, on substantive content developed in consultation with relevant 51 experts, on topics including, but not limited to, the purpose and goals 52 of the non-punitive therapeutic environment, trauma-informed care, 53 restorative justice, and dispute resolution methods. Prior to presiding 54 over any hearings, all hearing officers shall undergo a minimum of thir- 55 ty-seven hours and thirty minutes of training, with one additional day 56 of training annually thereafter, on relevant topics, including but notA. 3080--B 9 1 limited to, the physical and psychological effects of segregated 2 confinement, procedural and due process rights of the accused, and 3 restorative justice remedies. 4 (n) The department shall publish monthly reports on its website, with 5 semi-annual and annual cumulative reports, of the total number of people 6 who are in segregated confinement and the total number of people who are 7 in residential rehabilitation units on the first day of each month. The 8 reports shall provide a breakdown of the number of people in segregated 9 confinement and in residential rehabilitation units by: (i) age; (ii) 10 race; (iii) gender; (iv) mental health treatment level; (v) special 11 health accommodations or needs; (vi) need for and participation in 12 substance abuse programs; (vii) pregnancy status; (viii) continuous 13 length of stay in residential treatment units as well as length of stay 14 in the past sixty days; (ix) number of days in segregated confinement; 15 (x) a list of all incidents resulting in sanctions of segregated 16 confinement by facility and date of occurrence; (xi) the number of 17 incarcerated persons in segregated confinement by facility; and (xii) 18 the number of incarcerated persons in residential rehabilitation units 19 by facility. 20 § 6. Section 138 of the correction law is amended by adding a new 21 subdivision 7 to read as follows: 22 7. De-escalation, intervention, informational reports, and the with- 23 drawal of incentives shall be the preferred methods of responding to 24 misbehavior unless the department determines that non-disciplinary 25 interventions have failed, or that non-disciplinary interventions would 26 not succeed and the misbehavior involved an act listed in subparagraph 27 (ii) of paragraph (j) of subdivision six of section one hundred thirty- 28 seven of this article, in which case, as a last resort, the department 29 shall have the authority to issue misbehavior reports, pursue discipli- 30 nary charges, or impose new or additional segregated confinement sanc- 31 tions. 32 § 7. Subdivision 1 of section 401 of the correction law, as amended by 33 chapter 1 of the laws of 2008, is amended to read as follows: 34 1. The commissioner, in cooperation with the commissioner of mental 35 health, shall establish programs, including but not limited to residen- 36 tial mental health treatment units, in such correctional facilities as 37 he or she may deem appropriate for the treatment of mentally ill inmates 38 confined in state correctional facilities who are in need of psychiatric 39 services but who do not require hospitalization for the treatment of 40 mental illness. Inmates with serious mental illness shall receive thera- 41 py and programming in settings that are appropriate to their clinical 42 needs while maintaining the safety and security of the facility. 43 The conditions and services provided in the residential mental health 44 treatment units shall be at least comparable to those in all residential 45 rehabilitation units, and all residential mental health treatment units 46 shall be in compliance with all provisions of paragraphs (h), (i), (j), 47 and (k) of subdivision six of section one hundred thirty-seven of this 48 chapter. Residential mental health treatment units that are either resi- 49 dential mental health unit models or behavioral health unit models shall 50 also be in compliance with all provisions of paragraph (l) of subdivi- 51 sion six of section one hundred thirty-seven of this chapter. 52 The residential mental health treatment units shall also provide the 53 additional mental health treatment, services, and programming delineated 54 in this section. The administration and operation of programs estab- 55 lished pursuant to this section shall be the joint responsibility of the 56 commissioner of mental health and the commissioner. The professionalA. 3080--B 10 1 mental health care personnel, and their administrative and support 2 staff, for such programs shall be employees of the office of mental 3 health. All other personnel shall be employees of the department. 4 § 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401 5 of the correction law, as added by chapter 1 of the laws of 2008, is 6 amended to read as follows: 7 (i) In exceptional circumstances, a mental health clinician, or the 8 highest ranking facility security supervisor in consultation with a 9 mental health clinician who has interviewed the inmate, may determine 10 that an inmate's access to out-of-cell therapeutic programming and/or 11 mental health treatment in a residential mental health treatment unit 12 presents an unacceptable risk to the safety of inmates or staff. Such 13 determination shall be documented in writing and such inmate shall be 14 removed to a residential rehabilitation unit that is not a residential 15 mental health treatment unit where alternative mental health treatment 16 and/or other therapeutic programming, as determined by a mental health 17 clinician, shall be provided. 18 § 9. Subdivision 5 of section 401 of the correction law, as added by 19 chapter 1 of the laws of 2008, is amended to read as follows: 20 5. (a) An inmate in a residential mental health treatment unit shall 21 not be sanctioned with segregated confinement for misconduct on the 22 unit, or removed from the unit and placed in segregated confinement or a 23 residential rehabilitation unit, except in exceptional circumstances 24 where such inmate's conduct poses a significant and unreasonable risk to 25 the safety of inmates or staff, or to the security of the facility and 26 he or she has been found to have committed an act or acts defined in 27 subparagraph (ii) of paragraph (j) of subdivision six of section one 28 hundred thirty-seven of this chapter. Further, in the event that such a 29 sanction is imposed, an inmate shall not be required to begin serving 30 such sanction until the reviews required by paragraph (b) of this subdi- 31 vision have been completed; provided, however that in extraordinary 32 circumstances where an inmate's conduct poses an immediate unacceptable 33 threat to the safety of inmates or staff, or to the security of the 34 facility an inmate may be immediately moved to [ segregated confinement] 35 a residential rehabilitation unit. The determination that an immediate 36 transfer to [ segregated confinement] a residential rehabilitation unit 37 is necessary shall be made by the highest ranking facility security 38 supervisor in consultation with a mental health clinician. 39 (b) The joint case management committee shall review any disciplinary 40 disposition imposing a sanction of segregated confinement at its next 41 scheduled meeting. Such review shall take into account the inmate's 42 mental condition and safety and security concerns. The joint case 43 management committee may only thereafter recommend the removal of the 44 inmate in exceptional circumstances where the inmate commits an act or 45 acts defined in subparagraph (ii) of paragraph (j) of subdivision six of 46 section one hundred thirty-seven of this chapter and poses a significant 47 and unreasonable risk to the safety of inmates or staff or to the secu- 48 rity of the facility. In the event that the inmate was immediately moved 49 to segregated confinement, the joint case management committee may 50 recommend that the inmate continue to serve such sanction only in excep- 51 tional circumstances where the inmate commits an act or acts defined in 52 subparagraph (ii) of paragraph (j) of subdivision six of section one 53 hundred thirty-seven of this chapter and poses a significant and unrea- 54 sonable risk to the safety of inmates or staff or to the security of the 55 facility. If a determination is made that the inmate shall not be 56 required to serve all or any part of the segregated confinement sanc-A. 3080--B 11 1 tion, the joint case management committee may instead recommend that a 2 less restrictive sanction should be imposed. The recommendations made by 3 the joint case management committee under this paragraph shall be docu- 4 mented in writing and referred to the superintendent for review and if 5 the superintendent disagrees, the matter shall be referred to the joint 6 central office review committee for a final determination. The adminis- 7 trative process described in this paragraph shall be completed within 8 fourteen days. If the result of such process is that an inmate who was 9 immediately transferred to [ segregated confinement] a residential reha- 10 bilitation unit should be removed from [ segregated confinement] such 11 unit, such removal shall occur as soon as practicable, and in no event 12 longer than seventy-two hours from the completion of the administrative 13 process. 14 § 10. Subdivision 6 of section 401 of the correction law, as amended 15 by chapter 20 of the laws of 2016, is amended to read as follows: 16 6. The department shall ensure that the curriculum for new correction 17 officers, and other new department staff who will regularly work in 18 programs providing mental health treatment for inmates, shall include at 19 least eight hours of training about the types and symptoms of mental 20 illnesses, the goals of mental health treatment, the prevention of 21 suicide and training in how to effectively and safely manage inmates 22 with mental illness. Such training may be provided by the office of 23 mental health or the justice center for the protection of people with 24 special needs. All department staff who are transferring into a residen- 25 tial mental health treatment unit shall receive a minimum of eight addi- 26 tional hours of such training, and eight hours of annual training as 27 long as they work in such a unit. All security, program services, mental 28 health and medical staff with direct inmate contact shall receive train- 29 ing each year regarding identification of, and care for, inmates with 30 mental illnesses. The department shall provide additional training on 31 these topics on an ongoing basis as it deems appropriate. All staff 32 working in a residential mental health treatment unit shall also receive 33 all training mandated in paragraph (m) of subdivision six of section one 34 hundred thirty-seven of this chapter. 35 § 11. Section 401-a of the correction law is amended by adding a new 36 subdivision 4 to read as follows: 37 4. The justice center shall assess the department's compliance with 38 the provisions of sections two, one hundred thirty-seven, and one 39 hundred thirty-eight of this chapter relating to segregated confinement 40 and residential rehabilitation units and shall issue a public report, no 41 less than annually, with recommendations to the department and legisla- 42 ture, regarding all aspects of segregated confinement and residential 43 rehabilitation units in state correctional facilities including but not 44 limited to policies and practices concerning: (a) placement of persons 45 in segregated confinement and residential rehabilitation units; (b) 46 special populations; (c) length of time spent in such units; (d) hear- 47 ings and procedures; (e) programs, treatment and conditions of confine- 48 ment in such units; and (f) assessments and rehabilitation plans, proce- 49 dures and discharge determinations. 50 § 12. Section 45 of the correction law is amended by adding a new 51 subdivision 18 to read as follows: 52 18. Assess compliance of local correctional facilities with the terms 53 of paragraphs (g), (h), (i), (j), (k), (l), (m) and (n) of subdivision 54 six of section one hundred thirty-seven of this chapter. The commission 55 shall issue a public report regarding all aspects of segregated confine- 56 ment and residential rehabilitation units at least annually with recom-A. 3080--B 12 1 mendations to local correctional facilities, the governor, the legisla- 2 ture, including but not limited to policies and practices regarding: (a) 3 placement of persons; (b) special populations; (c) length of time spent 4 in segregated confinement and residential treatment units; (d) hearings 5 and procedures; (e) conditions, programs, services, care, and treatment; 6 and (f) assessments, rehabilitation plans, and discharge procedures. 7 § 13. Section 500-k of the correction law, as amended by chapter 2 of 8 the laws of 2008, is amended to read as follows: 9 § 500-k. Treatment of inmates. 1. Subdivisions five and six of section 10 one hundred thirty-seven of this chapter, except paragraphs (d) and (e) 11 of subdivision six of such section, relating to the treatment of inmates 12 in state correctional facilities are applicable to inmates confined in 13 county jails; except that the report required by paragraph (f) of subdi- 14 vision six of such section shall be made to a person designated to 15 receive such report in the rules and regulations of the state commission 16 of correction, or in any county or city where there is a department of 17 correction, to the head of such department. 18 2. Notwithstanding any other section of law to the contrary, subdivi- 19 sion thirty-three of section two of this chapter, and subparagraphs (i), 20 (iv) and (v) of paragraph (i) and subparagraph (ii) of paragraph (l) of 21 subdivision six of section one hundred thirty-seven of this chapter 22 shall not apply to local correctional facilities with a total combined 23 capacity of five hundred inmates or fewer. 24 § 14. This act shall take effect one year after it shall have become a 25 law.