|SAME AS||SAME AS A02500|
|COSPNSR||ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, FELDER, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAPLAN, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SERRANO, STAVISKY, THOMAS|
|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.|
Memo not availableGo to top
Go to top
STATE OF NEW YORK ________________________________________________________________________ 1623 2019-2020 Regular Sessions IN SENATE January 15, 2019 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction 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 12 medical or mental health treatment shall be within a clinical area in 13 the correctional facility or in as close proximity to a medical or 14 mental health unit as possible. 15 § 2. Section 2 of the correction law is amended by adding two new 16 subdivisions 32 and 33 to read as follows: 17 32. "Special populations" means any person: (a) twenty-one years of 18 age or younger; (b) fifty-five years of age or older; (c) with a disa- 19 bility as defined in paragraph (a) of subdivision twenty-one of section 20 two hundred ninety-two of the executive law; or (d) who is pregnant, in 21 the first eight weeks of the post-partum recovery period after giving 22 birth, or caring for a child in a correctional institution pursuant to 23 subdivisions two or three of section six hundred eleven of this chapter. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05325-01-9S. 1623 2 1 33. "Residential rehabilitation unit" means a separate housing unit 2 used for therapy, treatment, and rehabilitative programming of incarcer- 3 ated people who have been determined to require more than fifteen days 4 of segregated confinement pursuant to department proceedings. Such units 5 shall be therapeutic and trauma-informed, and aim to address individual 6 treatment and rehabilitation needs and underlying causes of problematic 7 behaviors. 8 § 3. Paragraph (a) of subdivision 6 of section 137 of the correction 9 law, as amended by chapter 490 of the laws of 1974, is amended to read 10 as follows: 11 (a) The inmate shall be supplied with a sufficient quantity of whole- 12 some and nutritious food[ , provided, however, that such food need not be13 the same as the food supplied to inmates who are participating in14 programs of the facility]; 15 § 4. Paragraph (d) of subdivision 6 of section 137 of the correction 16 law, as added by chapter 1 of the laws of 2008, is amended to read as 17 follows: 18 (d) (i) Except as set forth in clause (E) of subparagraph (ii) of this 19 paragraph, the department, in consultation with mental health clini- 20 cians, shall divert or remove inmates with serious mental illness, as 21 defined in paragraph (e) of this subdivision, from segregated confine- 22 ment or confinement in a residential rehabilitation unit, where such 23 confinement could potentially be for a period in excess of thirty days, 24 to a residential mental health treatment unit. Nothing in this para- 25 graph shall be deemed to prevent the disciplinary process from proceed- 26 ing in accordance with department rules and regulations for disciplinary 27 hearings. 28 (ii) (A) Upon placement of an inmate into segregated confinement or a 29 residential rehabilitation unit at a level one or level two facility, a 30 suicide prevention screening instrument shall be administered by staff 31 from the department or the office of mental health who has been trained 32 for that purpose. If such a screening instrument reveals that the inmate 33 is at risk of suicide, a mental health clinician shall be consulted and 34 appropriate safety precautions shall be taken. Additionally, within one 35 business day of the placement of such an inmate into segregated confine- 36 ment at a level one or level two facility, the inmate shall be assessed 37 by a mental health clinician. 38 (B) Upon placement of an inmate into segregated confinement or a resi- 39 dential rehabilitation unit at a level three or level four facility, a 40 suicide prevention screening instrument shall be administered by staff 41 from the department or the office of mental health who has been trained 42 for that purpose. If such a screening instrument reveals that the inmate 43 is at risk of suicide, a mental health clinician shall be consulted and 44 appropriate safety precautions shall be taken. All inmates placed in 45 segregated confinement or a residential rehabilitation unit at a level 46 three or level four facility shall be assessed by a mental health clini- 47 cian, within [ fourteen] seven days of such placement into segregated 48 confinement. 49 (C) At the initial assessment, if the mental health clinician finds 50 that an inmate suffers from a serious mental illness, that person shall 51 be diverted or removed from segregated confinement or a residential 52 rehabilitation unit and a recommendation shall be made whether excep- 53 tional circumstances, as described in clause (E) of this subparagraph, 54 exist. In a facility with a joint case management committee, such recom- 55 mendation shall be made by such committee. In a facility without a joint 56 case management committee, the recommendation shall be made jointly by aS. 1623 3 1 committee consisting of the facility's highest ranking mental health 2 clinician, the deputy superintendent for security, and the deputy super- 3 intendent for program services, or their equivalents. Any such recommen- 4 dation shall be reviewed by the joint central office review committee. 5 The administrative process described in this clause shall be completed 6 within [ fourteen] seven days of the initial assessment, and if the 7 result of such process is that the inmate should be removed from segre- 8 gated confinement or a residential rehabilitation unit, such removal 9 shall occur as soon as practicable, but in no event more than seventy- 10 two hours from the completion of the administrative process. Pursuant to 11 paragraph (g) of this subdivision, nothing in this section shall permit 12 the placement of an incarcerated person with serious mental illness into 13 segregated confinement at any time, even for the purposes of assessment. 14 (D) If an inmate with a serious mental illness is not diverted or 15 removed to a residential mental health treatment unit, such inmate shall 16 be diverted to a residential rehabilitation unit and reassessed by a 17 mental health clinician within fourteen days of the initial assessment 18 and at least once every fourteen days thereafter. After each such addi- 19 tional assessment, a recommendation as to whether such inmate should be 20 removed from [ segregated confinement] a residential rehabilitation unit 21 shall be made and reviewed according to the process set forth in clause 22 (C) of this subparagraph. 23 (E) A recommendation or determination whether to remove an inmate from 24 segregated confinement or a residential rehabilitation unit shall take 25 into account the assessing mental health clinicians' opinions as to the 26 inmate's mental condition and treatment needs, and shall also take into 27 account any safety and security concerns that would be posed by the 28 inmate's removal, even if additional restrictions were placed on the 29 inmate's access to treatment, property, services or privileges in a 30 residential mental health treatment unit. A recommendation or determi- 31 nation shall direct the inmate's removal from segregated confinement or 32 a residential rehabilitation unit except in the following exceptional 33 circumstances: (1) when the reviewer finds that removal would pose a 34 substantial risk to the safety of the inmate or other persons, or a 35 substantial threat to the security of the facility, even if additional 36 restrictions were placed on the inmate's access to treatment, property, 37 services or privileges in a residential mental health treatment unit; or 38 (2) when the assessing mental health clinician determines that such 39 placement is in the inmate's best interests based on his or her mental 40 condition and that removing such inmate to a residential mental health 41 treatment unit would be detrimental to his or her mental condition. Any 42 determination not to remove an inmate with serious mental illness from 43 segregated confinement or a residential rehabilitation unit shall be 44 documented in writing and include the reasons for the determination. 45 (iii) Inmates with serious mental illness who are not diverted or 46 removed from [ segregated confinement] a residential rehabilitation unit 47 shall be offered a heightened level of mental health care, involving a 48 minimum of [ two] three hours [ each day, five days a week,] daily of 49 out-of-cell therapeutic treatment and programming. This heightened level 50 of care shall not be offered only in the following circumstances: 51 (A) The heightened level of care shall not apply when an inmate with 52 serious mental illness does not, in the reasonable judgment of a mental 53 health clinician, require the heightened level of care. Such determi- 54 nation shall be documented with a written statement of the basis of such 55 determination and shall be reviewed by the Central New York Psychiatric 56 Center clinical director or his or her designee. Such a determination isS. 1623 4 1 subject to change should the inmate's clinical status change. Such 2 determination shall be reviewed and documented by a mental health clini- 3 cian every thirty days, and in consultation with the Central New York 4 Psychiatric Center clinical director or his or her designee not less 5 than every ninety days. 6 (B) The heightened level of care shall not apply in exceptional 7 circumstances when providing such care would create an unacceptable risk 8 to the safety and security of inmates or staff. Such determination shall 9 be documented by security personnel together with the basis of such 10 determination and shall be reviewed by the facility superintendent, in 11 consultation with a mental health clinician, not less than every seven 12 days for as long as the inmate remains in [ segregated confinement] a 13 residential rehabilitation unit. The facility shall attempt to resolve 14 such exceptional circumstances so that the heightened level of care may 15 be provided. If such exceptional circumstances remain unresolved for 16 thirty days, the matter shall be referred to the joint central office 17 review committee for review. 18 (iv) [ Inmates with serious mental illness who are not diverted or19 removed from segregated confinement shall not be placed on a restricted20 diet, unless there has been a written determination that the restricted21 diet is necessary for reasons of safety and security. If a restricted22 diet is imposed, it shall be limited to seven days, except in the excep-23 tional circumstances where the joint case management committee deter-24 mines that limiting the restricted diet to seven days would pose an25 unacceptable risk to the safety and security of inmates or staff. In26 such case, the need for a restricted diet shall be reassessed by the27 joint case management committee every seven days.28 (v)]All inmates in segregated confinement in a level one or level two 29 facility who are not assessed with a serious mental illness at the 30 initial assessment shall be offered at least one interview with a mental 31 health clinician within [ fourteen] seven days of their initial mental 32 health assessment, [ and additional interviews at least every thirty days33 thereafter,] unless the mental health clinician at the most recent 34 interview recommends an earlier interview or assessment. All inmates in 35 [ segregated confinement] a residential rehabilitation unit in a level 36 three or level four facility who are not assessed with a serious mental 37 illness at the initial assessment shall be offered at least one inter- 38 view with a mental health clinician within thirty days of their initial 39 mental health assessment, and additional interviews at least every nine- 40 ty days thereafter, unless the mental health clinician at the most 41 recent interview recommends an earlier interview or assessment. 42 § 5. Subdivision 6 of section 137 of the correction law is amended by 43 adding eight new paragraphs (g), (h), (i), (j), (k), (l), (m) and (n) to 44 read as follows: 45 (g) Persons in a special population as defined in subdivision thirty- 46 two of section two of this chapter shall not be placed in segregated 47 confinement for any length of time, except in keeplock for a period 48 prior to a disciplinary hearing pursuant to paragraph (k) of this subdi- 49 vision. Individuals in a special population who are in keeplock prior 50 to a disciplinary hearing shall be given seven hours a day out-of-cell 51 time or shall be transferred to a residential rehabilitation unit or 52 residential mental health treatment unit as expeditiously as possible, 53 but in no case longer than forty-eight hours from the time an individual 54 is admitted to keeplock. 55 (h) No person may be placed in segregated confinement for longer than 56 necessary and no more than fifteen consecutive days or twenty total daysS. 1623 5 1 within any sixty day period. At these limits, he or she must be 2 released from segregated confinement or diverted to a separate residen- 3 tial rehabilitation unit. If placement of such person in segregated 4 confinement would exceed the twenty-day limit and the department estab- 5 lishes that the person committed an act defined in subparagraph (ii) of 6 paragraph (j) of this subdivision, the department may place the person 7 in segregated confinement until admission to a residential rehabili- 8 tation unit can be effectuated. Such admission to a residential rehabil- 9 itation unit shall occur as expeditiously as possible and in no case 10 take longer than forty-eight hours from the time such person is placed 11 in segregated confinement. 12 (i) (i) All segregated confinement and residential rehabilitation 13 units shall create the least restrictive environment necessary for the 14 safety of incarcerated persons, staff, and the security of the facility. 15 (ii) Persons in segregated confinement shall be offered out-of-cell 16 programming at least four hours per day, including at least one hour for 17 recreation. Persons admitted to residential rehabilitation units shall 18 be offered at least six hours of daily out-of-cell congregate program- 19 ming, services, treatment, and/or meals, with an additional minimum of 20 one hour for recreation. Recreation in all residential rehabilitation 21 units shall take place in a congregate setting, unless exceptional 22 circumstances mean doing so would create a significant and unreasonable 23 risk to the safety and security of other incarcerated persons, staff, or 24 the facility. 25 (iii) No limitation on services, treatment, or basic needs such as 26 clothing, food and bedding shall be imposed as a form of punishment. If 27 provision of any such services, treatment or basic needs to an individ- 28 ual would create a significant and unreasonable risk to the safety and 29 security of incarcerated persons, staff, or the facility, such services, 30 treatment or basic needs may be withheld until it reasonably appears 31 that the risk has ended. The department shall not impose restricted 32 diets or any other change in diet as a form of punishment. Persons in a 33 residential rehabilitation unit shall have access to all of their 34 personal property unless an individual determination is made that having 35 a specific item would pose a significant and unreasonable risk to the 36 safety of incarcerated persons or staff or the security of the unit. 37 (iv) Upon admission to a residential rehabilitation unit, program and 38 mental health staff shall administer assessments and develop an individ- 39 ual rehabilitation plan in consultation with the resident, based upon 40 his or her medical, mental health, and programming needs. Such plan 41 shall identify specific goals and programs, treatment, and services to 42 be offered, with projected time frames for completion and discharge from 43 the residential rehabilitation unit. 44 (v) An incarcerated person in a residential rehabilitation unit shall 45 have access to programs and work assignments comparable to core programs 46 and work assignments in general population. Such incarcerated persons 47 shall also have access to additional out-of-cell, trauma-informed thera- 48 peutic programming aimed at promoting personal development, addressing 49 underlying causes of problematic behavior resulting in placement in a 50 residential rehabilitation unit, and helping prepare for discharge from 51 the unit and to the community. 52 (vi) If the department establishes that a person committed an act 53 defined in subparagraph (ii) of paragraph (j) of this subdivision while 54 in segregated confinement or a residential rehabilitation unit and poses 55 a significant and unreasonable risk to the safety and security of other 56 incarcerated persons or staff, the department may restrict such person'sS. 1623 6 1 participation in programming and out-of-cell activities as necessary for 2 the safety of other incarcerated persons and staff. If such restrictions 3 are imposed, the department must provide at least four hours out-of-cell 4 time daily, including at least two hours of therapeutic programming and 5 two hours of recreation, and must make reasonable efforts to reinstate 6 access to programming as soon as possible. In no case may such 7 restrictions extend beyond fifteen days unless the person commits a new 8 act defined herein justifying restrictions on program access, or if the 9 commissioner and, when appropriate, the commissioner of mental health 10 personally reasonably determine that the person poses an extraordinary 11 and unacceptable risk of imminent harm to the safety or security of 12 incarcerated persons or staff. Any extension of program restrictions 13 beyond fifteen days must be meaningfully reviewed and approved at least 14 every fifteen days by the commissioner and, when appropriate, by the 15 commissioner of mental health. Each review must consider the impact of 16 therapeutic programming provided during the fifteen-day period on the 17 person's risk of imminent harm and the commissioner must articulate in 18 writing, with a copy provided to the incarcerated person, the specific 19 reason why the person currently poses an extraordinary and unacceptable 20 risk of imminent harm to the safety or security of incarcerated persons 21 or staff. In no case may restrictions imposed by the commissioner extend 22 beyond ninety days unless the person commits a new act defined herein 23 justifying restrictions on program access. 24 (vii) Restraints shall not be used when incarcerated persons are 25 participating in out-of-cell activities within a residential rehabili- 26 tation unit unless an individual assessment is made that restraints are 27 required because of a significant and unreasonable risk to the safety 28 and security of other incarcerated persons or staff. 29 (j) (i) The department may place a person in segregated confinement 30 for up to three consecutive days and no longer than six days in any 31 thirty day period if, pursuant to an evidentiary hearing, it determines 32 that the person violated department rules which permit a penalty of 33 segregated confinement. The department may not place a person in segre- 34 gated confinement for longer than three consecutive days or six days 35 total in a thirty day period unless the provisions of subparagraph (ii) 36 of this paragraph are met. 37 (ii) The department may place a person in segregated confinement 38 beyond the limits of subparagraph (i) of this paragraph or in a residen- 39 tial rehabilitation unit only if, pursuant to an evidentiary hearing, it 40 determines by written decision that the person committed one of the 41 following acts and if the commissioner or his or her designee determines 42 in writing based on specific objective criteria the acts were so heinous 43 or destructive that placement of the individual in general population 44 housing creates a significant risk of imminent serious physical injury 45 to staff or other incarcerated persons, and creates an unreasonable risk 46 to the security of the facility: 47 (A) causing or attempting to cause serious physical injury or death to 48 another person or making an imminent threat of such serious physical 49 injury or death if the person has a history of causing such physical 50 injury or death and the commissioner and, when appropriate, the commis- 51 sioner of mental health or their designees reasonably determine that 52 there is a strong likelihood that the person will carry out such threat. 53 The commissioner of mental health or his or her designee shall be 54 involved in such determination if the person is or has been on the 55 mental health caseload or appears to require psychiatric attention. TheS. 1623 7 1 department and the office of mental health shall promulgate rules and 2 regulations pertaining to this clause; 3 (B) compelling or attempting to compel another person, by force or 4 threat of force, to engage in a sexual act; 5 (C) extorting another, by force or threat of force, for property or 6 money; 7 (D) coercing another, by force or threat of force, to violate any 8 rule; 9 (E) leading, organizing, inciting, or attempting to cause a riot, 10 insurrection, or other similarly serious disturbance that results in the 11 taking of a hostage, major property damage, or physical harm to another 12 person; 13 (F) procuring deadly weapons or other dangerous contraband that poses 14 a serious threat to the security of the institution; or 15 (G) escaping, attempting to escape or facilitating an escape from a 16 facility or escaping or attempting to escape while under supervision 17 outside such facility. 18 For purposes of this section, attempting to cause a serious disturb- 19 ance or to escape shall only be determined to have occurred if there is 20 a clear finding that the inmate had the intent to cause a serious 21 disturbance or the intent to escape and had completed significant acts 22 in the advancement of the attempt to create a serious disturbance or 23 escape. Evidence of withdrawal or abandonment of a plan to cause a seri- 24 ous disturbance or to escape shall negate a finding of intent. 25 (iii) No person may be placed in segregated confinement or a residen- 26 tial rehabilitation unit based on the same act or incident that was 27 previously used as the basis for such placement. 28 (iv) No person may be held in segregated confinement for protective 29 custody. Any unit used for protective custody must, at a minimum, 30 conform to requirements governing residential rehabilitation units. 31 (k) All hearings to determine if a person may be placed in segregated 32 confinement shall occur prior to placement in segregated confinement 33 unless a security supervisor, with written approval of a facility super- 34 intendent or designee, reasonably believes the person fits the specified 35 criteria for segregated confinement in subparagraph (ii) of paragraph 36 (j) of this subdivision. If a hearing does not take place prior to 37 placement, it shall occur as soon as reasonably practicable and at most 38 within five days of such placement unless the charged person seeks a 39 postponement of the hearing. Persons at such hearings shall be permitted 40 to be represented by any attorney or law student, or by any paralegal or 41 incarcerated person unless the department reasonably disapproves of such 42 paralegal or incarcerated person based upon objective written criteria 43 developed by the department. 44 (l) (i) Any sanction imposed on an incarcerated person requiring 45 segregated confinement shall run while the person is in a residential 46 rehabilitation unit and the person shall be discharged from the unit 47 before or at the time such sanction expires. If a person successfully 48 completes his or her rehabilitation plan before the sanction expires, 49 the person shall have a right to be discharged from the unit upon such 50 completion. 51 (ii) If an incarcerated person has not been discharged from a residen- 52 tial rehabilitation unit within one year of initial admission to such a 53 unit or is within sixty days of a fixed or tentatively approved date for 54 release from a correctional facility, he or she shall have a right to be 55 discharged from the unit unless he or she committed an act listed in 56 subparagraph (ii) of paragraph (j) of this subdivision within the priorS. 1623 8 1 one hundred eighty days and he or she poses a significant and unreason- 2 able risk to the safety or security of incarcerated persons or staff. In 3 any such case the decision not to discharge such person shall be imme- 4 diately and automatically subjected to an independent review by the 5 commissioner and the commissioner of mental health or their designees. A 6 person may remain in a residential rehabilitation unit beyond the time 7 limits provided in this section if both commissioners or both of their 8 designees approve this decision. In extraordinary circumstances, a 9 person who has not committed an act listed in subparagraph (ii) of para- 10 graph (j) of this subdivision within the prior one hundred eighty days, 11 may remain in a residential rehabilitation unit beyond the time limits 12 provided in this section if both the commissioner and the commissioner 13 of mental health personally determine that such individual poses an 14 extraordinary and unacceptable risk of imminent harm to the safety or 15 security of incarcerated persons or staff. 16 (iii) There shall be a meaningful periodic review of the status of 17 each incarcerated person in a residential rehabilitation unit at least 18 every sixty days to assess the person's progress and determine if the 19 person should be discharged from the unit. Following such periodic 20 review, if the person is not discharged from the unit, program and 21 mental health staff shall specify in writing the reasons for the deter- 22 mination and the program, treatment, service, and/or corrective action 23 required before discharge. The incarcerated person shall be given access 24 to the programs, treatment and services specified, and shall have a 25 right to be discharged from the residential rehabilitation unit upon the 26 successful fulfillment of such requirements. 27 (iv) When an incarcerated person is discharged from a residential 28 rehabilitation unit, any remaining time to serve on any underlying 29 disciplinary sanction shall be dismissed. If an incarcerated person 30 substantially completes his or her rehabilitation plan, he or she shall 31 have any associated loss of good time restored upon discharge from the 32 unit. 33 (m) All special housing unit, keeplock unit and residential rehabili- 34 tation unit staff and their supervisors shall undergo a minimum of thir- 35 ty-seven hours and thirty minutes of training prior to assignment to 36 such unit, and twenty-one hours of additional training annually there- 37 after, on substantive content developed in consultation with relevant 38 experts, on topics including, but not limited to, the purpose and goals 39 of the non-punitive therapeutic environment, trauma-informed care, 40 restorative justice, and dispute resolution methods. Prior to presiding 41 over any hearings, all hearing officers shall undergo a minimum of thir- 42 ty-seven hours and thirty minutes of training, with one additional day 43 of training annually thereafter, on relevant topics, including but not 44 limited to, the physical and psychological effects of segregated 45 confinement, procedural and due process rights of the accused, and 46 restorative justice remedies. 47 (n) The department shall publish monthly reports on its website, with 48 semi-annual and annual cumulative reports, of the total number of people 49 who are in segregated confinement and the total number of people who are 50 in residential rehabilitation units on the first day of each month. The 51 reports shall provide a breakdown of the number of people in segregated 52 confinement and in residential rehabilitation units by: (i) age; (ii) 53 race; (iii) gender; (iv) mental health treatment level; (v) special 54 health accommodations or needs; (vi) need for and participation in 55 substance abuse programs; (vii) pregnancy status; (viii) continuous 56 length of stay in residential treatment units as well as length of stayS. 1623 9 1 in the past sixty days; (ix) number of days in segregated confinement; 2 (x) a list of all incidents resulting in sanctions of segregated 3 confinement by facility and date of occurrence; (xi) the number of 4 incarcerated persons in segregated confinement by facility; and (xii) 5 the number of incarcerated persons in residential rehabilitation units 6 by facility. 7 § 6. Section 138 of the correction law is amended by adding a new 8 subdivision 7 to read as follows: 9 7. De-escalation, intervention, informational reports, and the with- 10 drawal of incentives shall be the preferred methods of responding to 11 misbehavior unless the department determines that non-disciplinary 12 interventions have failed, or that non-disciplinary interventions would 13 not succeed and the misbehavior involved an act listed in subparagraph 14 (ii) of paragraph (j) of subdivision six of section one hundred thirty- 15 seven of this article, in which case, as a last resort, the department 16 shall have the authority to issue misbehavior reports, pursue discipli- 17 nary charges, or impose new or additional segregated confinement sanc- 18 tions. 19 § 7. Subdivision 1 of section 401 of the correction law, as amended by 20 chapter 1 of the laws of 2008, is amended to read as follows: 21 1. The commissioner, in cooperation with the commissioner of mental 22 health, shall establish programs, including but not limited to residen- 23 tial mental health treatment units, in such correctional facilities as 24 he or she may deem appropriate for the treatment of mentally ill inmates 25 confined in state correctional facilities who are in need of psychiatric 26 services but who do not require hospitalization for the treatment of 27 mental illness. Inmates with serious mental illness shall receive thera- 28 py and programming in settings that are appropriate to their clinical 29 needs while maintaining the safety and security of the facility. 30 The conditions and services provided in the residential mental health 31 treatment units shall be at least comparable to those in all residential 32 rehabilitation units, and all residential mental health treatment units 33 shall be in compliance with all provisions of paragraphs (h), (i), (j), 34 and (k) of subdivision six of section one hundred thirty-seven of this 35 chapter. Residential mental health treatment units that are either resi- 36 dential mental health unit models or behavioral health unit models shall 37 also be in compliance with all provisions of paragraph (l) of subdivi- 38 sion six of section one hundred thirty-seven of this chapter. 39 The residential mental health treatment units shall also provide the 40 additional mental health treatment, services, and programming delineated 41 in this section. The administration and operation of programs estab- 42 lished pursuant to this section shall be the joint responsibility of the 43 commissioner of mental health and the commissioner. The professional 44 mental health care personnel, and their administrative and support 45 staff, for such programs shall be employees of the office of mental 46 health. All other personnel shall be employees of the department. 47 § 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401 48 of the correction law, as added by chapter 1 of the laws of 2008, is 49 amended to read as follows: 50 (i) In exceptional circumstances, a mental health clinician, or the 51 highest ranking facility security supervisor in consultation with a 52 mental health clinician who has interviewed the inmate, may determine 53 that an inmate's access to out-of-cell therapeutic programming and/or 54 mental health treatment in a residential mental health treatment unit 55 presents an unacceptable risk to the safety of inmates or staff. Such 56 determination shall be documented in writing and such inmate shall beS. 1623 10 1 removed to a residential rehabilitation unit that is not a residential 2 mental health treatment unit where alternative mental health treatment 3 and/or other therapeutic programming, as determined by a mental health 4 clinician, shall be provided. 5 § 9. Subdivision 5 of section 401 of the correction law, as added by 6 chapter 1 of the laws of 2008, is amended to read as follows: 7 5. (a) An inmate in a residential mental health treatment unit shall 8 not be sanctioned with segregated confinement for misconduct on the 9 unit, or removed from the unit and placed in segregated confinement or a 10 residential rehabilitation unit, except in exceptional circumstances 11 where such inmate's conduct poses a significant and unreasonable risk to 12 the safety of inmates or staff, or to the security of the facility and 13 he or she has been found to have committed an act or acts defined in 14 subparagraph (ii) of paragraph (j) of subdivision six of section one 15 hundred thirty-seven of this chapter. Further, in the event that such a 16 sanction is imposed, an inmate shall not be required to begin serving 17 such sanction until the reviews required by paragraph (b) of this subdi- 18 vision have been completed; provided, however that in extraordinary 19 circumstances where an inmate's conduct poses an immediate unacceptable 20 threat to the safety of inmates or staff, or to the security of the 21 facility an inmate may be immediately moved to [ segregated confinement] 22 a residential rehabilitation unit. The determination that an immediate 23 transfer to [ segregated confinement] a residential rehabilitation unit 24 is necessary shall be made by the highest ranking facility security 25 supervisor in consultation with a mental health clinician. 26 (b) The joint case management committee shall review any disciplinary 27 disposition imposing a sanction of segregated confinement at its next 28 scheduled meeting. Such review shall take into account the inmate's 29 mental condition and safety and security concerns. The joint case 30 management committee may only thereafter recommend the removal of the 31 inmate in exceptional circumstances where the inmate commits an act or 32 acts defined in subparagraph (ii) of paragraph (j) of subdivision six of 33 section one hundred thirty-seven of this chapter and poses a significant 34 and unreasonable risk to the safety of inmates or staff or to the secu- 35 rity of the facility. In the event that the inmate was immediately moved 36 to segregated confinement, the joint case management committee may 37 recommend that the inmate continue to serve such sanction only in excep- 38 tional circumstances where the inmate commits an act or acts defined in 39 subparagraph (ii) of paragraph (j) of subdivision six of section one 40 hundred thirty-seven of this chapter and poses a significant and unrea- 41 sonable risk to the safety of inmates or staff or to the security of the 42 facility. If a determination is made that the inmate shall not be 43 required to serve all or any part of the segregated confinement sanc- 44 tion, the joint case management committee may instead recommend that a 45 less restrictive sanction should be imposed. The recommendations made by 46 the joint case management committee under this paragraph shall be docu- 47 mented in writing and referred to the superintendent for review and if 48 the superintendent disagrees, the matter shall be referred to the joint 49 central office review committee for a final determination. The adminis- 50 trative process described in this paragraph shall be completed within 51 fourteen days. If the result of such process is that an inmate who was 52 immediately transferred to [ segregated confinement] a residential reha- 53 bilitation unit should be removed from [ segregated confinement] such 54 unit, such removal shall occur as soon as practicable, and in no event 55 longer than seventy-two hours from the completion of the administrative 56 process.S. 1623 11 1 § 10. Subdivision 6 of section 401 of the correction law, as amended 2 by chapter 20 of the laws of 2016, is amended to read as follows: 3 6. The department shall ensure that the curriculum for new correction 4 officers, and other new department staff who will regularly work in 5 programs providing mental health treatment for inmates, shall include at 6 least eight hours of training about the types and symptoms of mental 7 illnesses, the goals of mental health treatment, the prevention of 8 suicide and training in how to effectively and safely manage inmates 9 with mental illness. Such training may be provided by the office of 10 mental health or the justice center for the protection of people with 11 special needs. All department staff who are transferring into a residen- 12 tial mental health treatment unit shall receive a minimum of eight addi- 13 tional hours of such training, and eight hours of annual training as 14 long as they work in such a unit. All security, program services, mental 15 health and medical staff with direct inmate contact shall receive train- 16 ing each year regarding identification of, and care for, inmates with 17 mental illnesses. The department shall provide additional training on 18 these topics on an ongoing basis as it deems appropriate. All staff 19 working in a residential mental health treatment unit shall also receive 20 all training mandated in paragraph (m) of subdivision six of section one 21 hundred thirty-seven of this chapter. 22 § 11. Section 401-a of the correction law is amended by adding a new 23 subdivision 4 to read as follows: 24 4. The justice center shall assess the department's compliance with 25 the provisions of sections two, one hundred thirty-seven, and one 26 hundred thirty-eight of this chapter relating to segregated confinement 27 and residential rehabilitation units and shall issue a public report, no 28 less than annually, with recommendations to the department and legisla- 29 ture, regarding all aspects of segregated confinement and residential 30 rehabilitation units in state correctional facilities including but not 31 limited to policies and practices concerning: (a) placement of persons 32 in segregated confinement and residential rehabilitation units; (b) 33 special populations; (c) length of time spent in such units; (d) hear- 34 ings and procedures; (e) programs, treatment and conditions of confine- 35 ment in such units; and (f) assessments and rehabilitation plans, proce- 36 dures and discharge determinations. 37 § 12. Section 45 of the correction law is amended by adding a new 38 subdivision 18 to read as follows: 39 18. Assess compliance of local correctional facilities with the terms 40 of paragraphs (g), (h), (i), (j), (k), (l), (m) and (n) of subdivision 41 six of section one hundred thirty-seven of this chapter. The commission 42 shall issue a public report regarding all aspects of segregated confine- 43 ment and residential rehabilitation units at least annually with recom- 44 mendations to local correctional facilities, the governor, the legisla- 45 ture, including but not limited to policies and practices regarding: (a) 46 placement of persons; (b) special populations; (c) length of time spent 47 in segregated confinement and residential treatment units; (d) hearings 48 and procedures; (e) conditions, programs, services, care, and treatment; 49 and (f) assessments, rehabilitation plans, and discharge procedures. 50 § 13. Section 500-k of the correction law, as amended by chapter 2 of 51 the laws of 2008, is amended to read as follows: 52 § 500-k. Treatment of inmates. 1. Subdivisions five and six of section 53 one hundred thirty-seven of this chapter, except paragraphs (d) and (e) 54 of subdivision six of such section, relating to the treatment of inmates 55 in state correctional facilities are applicable to inmates confined in 56 county jails; except that the report required by paragraph (f) of subdi-S. 1623 12 1 vision six of such section shall be made to a person designated to 2 receive such report in the rules and regulations of the state commission 3 of correction, or in any county or city where there is a department of 4 correction, to the head of such department. 5 2. Notwithstanding any other section of law to the contrary, subdivi- 6 sion thirty-three of section two of this chapter, and subparagraphs (i), 7 (iv) and (v) of paragraph (i) and subparagraph (ii) of paragraph (l) of 8 subdivision six of section one hundred thirty-seven of this chapter 9 shall not apply to local correctional facilities with a total combined 10 capacity of five hundred inmates or fewer. 11 § 14. This act shall take effect one year after it shall have become a 12 law.