NY Amended Legislation on Solitary Confinement 2014
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2/18/2014 A8588-2013 Text - NY Senate Open Legislation S T A T E O F N E W Y O R K ________________________________________________________________________ 8588 I N A S S E M B L Y January 24, 2014 ___________ Introduced by M. of A. AUBRY read once and referred to the Committee on 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. Section 137 of the correction law is amended by adding a 2 new subdivision 5a to read as follows: 3 5A. THE USE OF SEGREGATED CONFINEMENT, EXCLUSION OF CERTAIN SPECIAL 4 POPULATIONS, AND LENGTH OF TIME ANY PERSON CAN SPEND IN SEGREGATED 5 CONFINEMENT SHALL BE RESTRICTED IN ACCORDANCE WITH PARAGRAPHS (G), (H), 6 (I), (J), (K), (L), (M), AND (N) OF SUBDIVISION SIX OF THIS SECTION OR 7 ANY OTHER APPLICABLE LAW. 8 S 2. Subdivision 23 of section 2 of the correction law, as added by 9 chapter 1 of the laws of 2008, is amended to read as follows: 10 23. "Segregated confinement" means the [disciplinary] confinement, 11 OTHER THAN FOR EMERGENCY CONFINEMENT AS DEFINED IN SUBDIVISION 12 THIRTYTHREE OF THIS SECTION, OR FOR DOCUMENTED MEDICAL REASONS OR 13 MENTAL HEALTH EMERGENCIES, of an inmate in a special housing unit or in 14 a separate keeplock housing unit OR ANY FORM OF KEEPLOCK, OR CELL 15 CONFINEMENT FOR MORE THAN SEVENTEEN HOURS A DAY OTHER THAN IN A FACILI 16 TYWIDE LOCKDOWN. Special housing units and separate keeplock units are 17 housing units that consist of cells grouped so as to provide separation 18 from the general population, and may be used to house inmates confined 19 pursuant to the disciplinary procedures described in regulations. 20 S 3. Section 2 of the correction law is amended by adding five new 21 subdivisions 32, 33, 34, 35, and 36 to read as follows: 22 32. "SPECIAL POPULATIONS" MEANS ANY PERSON: (A) TWENTYONE YEARS OF 23 AGE OR YOUNGER; (B) FIFTYFIVE YEARS OF AGE OR OLDER; (C) WITH A DISA 24 BILITY AS DEFINED IN SUBDIVISION TWENTYONE OF SECTION TWO HUNDRED NINE 25 TYTWO OF THE EXECUTIVE LAW, INCLUDING BUT NOT LIMITED TO, FOR PURPOSES 26 OF MENTAL IMPAIRMENT, PERSONS WITH A SERIOUS MENTAL ILLNESS AS DEFINED 27 IN PARAGRAPH (E) OF SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTYSEVEN EXPLANATIONMatter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13381024 http://open.nysenate.gov/legislation/api/1.0/lrs-print/bill/A8588-2013 1/7 2/18/2014 A8588-2013 Text - NY Senate Open Legislation A. 8588 2 1 OF THIS CHAPTER; (D) WHO IS PREGNANT; OR (E) WHO IS OR IS PERCEIVED TO 2 BE LESBIAN, GAY, BISEXUAL, TRANSGENDER, OR INTERSEX. 3 33. "EMERGENCY CONFINEMENT" MEANS CONFINEMENT IN ANY CELL FOR NO MORE 4 THAN TWENTYFOUR CONSECUTIVE HOURS AND NO MORE THAN FORTYEIGHT TOTAL 5 HOURS IN ANY FIFTEEN DAY PERIOD, WITH AT LEAST ONE HOUR OF OUTOFCELL 6 RECREATION FOR EVERY TWENTYFOUR HOURS. 7 34. "SHORTTERM SEGREGATED CONFINEMENT" MEANS SEGREGATED CONFINEMENT 8 OF NO MORE THAN THREE CONSECUTIVE DAYS AND SIX DAYS TOTAL WITHIN ANY 9 THIRTY DAY PERIOD. 10 35. "EXTENDED SEGREGATED CONFINEMENT" MEANS SEGREGATED CONFINEMENT OF 11 NO MORE THAN FIFTEEN CONSECUTIVE DAYS AND TWENTY DAYS TOTAL WITHIN ANY 12 SIXTY DAY PERIOD. 13 36. "RESIDENTIAL REHABILITATION UNIT" MEANS SECURE AND SEPARATE UNITS 14 USED FOR THERAPY, TREATMENT, AND REHABILITATIVE PROGRAMMING OF PEOPLE 15 WHO WOULD BE PLACED IN SEGREGATED CONFINEMENT FOR MORE THAN FIFTEEN 16 DAYS. SUCH UNITS ARE THERAPEUTIC AND TRAUMAINFORMED, AND AIM TO ADDRESS 17 INDIVIDUAL TREATMENT AND REHABILITATION NEEDS AND UNDERLYING CAUSES OF 18 PROBLEMATIC BEHAVIORS. 19 S 4. Subdivision 6 of section 137 of the correction law is amended by 20 adding eight new paragraphs (g), (h), (i), (j), (k), (l), (m), and (n) 21 to read as follows: 22 (G) PERSONS IN A SPECIAL POPULATION AS DEFINED IN SUBDIVISION THIRTY 23 TWO OF SECTION TWO OF THIS CHAPTER SHALL NOT BE PLACED IN SEGREGATED 24 CONFINEMENT FOR ANY LENGTH OF TIME. ANY SUCH PERSONS THE DEPARTMENT 25 WOULD OTHERWISE PLACE IN SEGREGATED CONFINEMENT SHALL REMAIN IN GENERAL 26 POPULATION OR BE DIVERTED TO A RESIDENTIAL REHABILITATION UNIT. IF A 27 PERSON IN A SPECIAL POPULATION IS PLACED IN EMERGENCY CONFINEMENT FOR 28 MORE THAN SIXTEEN HOURS, HE OR SHE SHALL BE ALLOWED OUTOFCELL AT LEAST 29 FOUR HOURS. 30 (H) NO PERSON MAY BE IN SEGREGATED CONFINEMENT FOR LONGER THAN NECES 31 SARY AND NEVER MORE THAN FIFTEEN CONSECUTIVE DAYS NOR TWENTY TOTAL DAYS 32 WITHIN ANY SIXTY DAY PERIOD. AT THESE LIMITS, PERSONS MUST BE RELEASED 33 FROM SEGREGATED CONFINEMENT OR DIVERTED TO A SEPARATE SECURE RESIDENTIAL 34 REHABILITATION UNIT. 35 (I) (I) ALL SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION 36 UNITS SHALL CREATE THE LEAST RESTRICTIVE ENVIRONMENT NECESSARY FOR THE 37 SAFETY OF RESIDENTS, STAFF, AND THE SECURITY OF THE FACILITY. 38 (II) PERSONS IN SEGREGATED CONFINEMENT SHALL BE ALLOWED OUTOFCELL AT 39 LEAST FOUR HOURS PER DAY, INCLUDING AT LEAST ONE HOUR FOR RECREATION. 40 PERSONS IN RESIDENTIAL REHABILITATION UNITS SHALL BE ALLOWED AT LEAST 41 SIX HOURS PER DAY OUTOFCELL FOR PROGRAMMING, SERVICES, TREATMENT, 42 AND/OR MEALS, AND AN ADDITIONAL MINIMUM OF ONE HOUR FOR RECREATION. 43 RECREATION IN ALL UNITS SHALL TAKE PLACE IN A CONGREGATE SETTING, UNLESS 44 EXCEPTIONAL CIRCUMSTANCES MEAN DOING SO WOULD CREATE A SIGNIFICANT AND 45 UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER INCARCERATED 46 PERSONS, STAFF, OR THE FACILITY. 47 (III) PERSONS IN SEGREGATED CONFINEMENT AND RESIDENTIAL REHABILITATION 48 UNITS SHALL: (A) RECEIVE AT LEAST COMPARABLE MEDICAL AND MENTAL HEALTH 49 CARE TO GENERAL POPULATION, INCLUDING OBSTETRICAL AND GYNECOLOGICAL 50 SERVICES, IN A SETTING ENSURING PRIVACY AND CONFIDENTIALITY; (B) HAVE 51 THEIR BASIC NEEDS MET IN A MANNER COMPARABLE TO GENERAL POPULATION, AND 52 NEVER HAVE RESTRICTED DIETS NOR ANY ORDER RESTRICTING ANY BASIC NEED 53 IMPOSED AS A FORM OF PUNISHMENT; (C) IF IN A RESIDENTIAL REHABILITATION 54 UNIT BE ABLE TO RETAIN ALL THEIR PROPERTY WITH THEM; (D) HAVE COMPARABLE 55 ACCESS TO ALL SERVICES AND MATERIALS AS IN GENERAL POPULATION; AND (E) 56 BE ABLE TO RETAIN PROGRAM MATERIALS, COMPLETE PROGRAM ASSIGNMENTS, AND http://open.nysenate.gov/legislation/api/1.0/lrs-print/bill/A8588-2013 2/7 2/18/2014 A8588-2013 Text - NY Senate Open Legislation A. 8588 3 1 CONTINUE UPON RETURN ALL UNCOMPLETED PROGRAMS THEY WERE IN PRIOR TO 2 PLACEMENT IN SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION 3 UNIT. 4 (IV) WITHIN TEN DAYS OF ADMISSION TO A RESIDENTIAL REHABILITATION 5 UNIT, AN ASSESSMENT COMMITTEE COMPRISED OF PROGRAM, REHABILITATION, 6 MENTAL HEALTH, AND SECURITY STAFF SHALL ADMINISTER AN ASSESSMENT AND 7 DEVELOP IN COLLABORATION WITH THE RESIDENT AN INDIVIDUAL REHABILITATION 8 PLAN, BASED UPON THE PERSON'S MEDICAL, MENTAL HEALTH, AND PROGRAMMING 9 NEEDS, THAT IDENTIFIES SPECIFIC GOALS AND PROGRAMS, TREATMENT, AND 10 SERVICES TO BE OFFERED, WITH PROJECTED TIME FRAMES FOR COMPLETION AND 11 RELEASE FROM THE RESIDENTIAL REHABILITATION UNIT. 12 (V) RESIDENTS IN RESIDENTIAL REHABILITATION UNITS SHALL HAVE ACCESS TO 13 PROGRAMS AND JOBS COMPARABLE TO ALL CORE OUTOFCELL PROGRAMS IN GENERAL 14 POPULATION. SUCH RESIDENTS SHALL ALSO HAVE ACCESS TO ADDITIONAL 15 OUTOFCELL, TRAUMAINFORMED THERAPEUTIC PROGRAMMING AIMED AT PROMOTING 16 PERSONAL DEVELOPMENT, ADDRESSING UNDERLYING CAUSES OF PROBLEMATIC BEHAV 17 IOR RESULTING IN PLACEMENT IN A RESIDENTIAL REHABILITATION UNIT, AND 18 HELPING PREPARE FOR DISCHARGE FROM THE UNIT AND TO THE COMMUNITY. 19 (VI) IF THE DEPARTMENT ESTABLISHES THAT A PERSON COMMITTED AN ACT 20 DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION WHILE 21 IN SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT AND POSES 22 A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER 23 RESIDENTS OR STAFF, THE DEPARTMENT MAY RESTRICT THAT PERSON'S PARTIC 24 IPATION IN PROGRAMMING AND OUTOFCELL TIME AS NECESSARY FOR THE SAFETY 25 OF OTHER RESIDENTS AND STAFF. IF RESTRICTIONS ARE IMPOSED IN SEGREGATED 26 CONFINEMENT, THE DEPARTMENT MUST STILL PROVIDE AT LEAST TWO HOURS 27 OUTOFCELL TIME. IF RESTRICTIONS ARE IMPOSED IN A RESIDENTIAL REHABILI 28 TATION UNIT, THE DEPARTMENT SHALL DEVELOP A NEW REHABILITATION PLAN, 29 PROVIDE AT LEAST THREE HOURS OUTOFCELL TIME, AND ON EACH DAY PROGRAM 30 MING RESTRICTIONS ARE IMPOSED PROVIDE AT LEAST TWO HOURS OF OUTOFCELL 31 ONEONONE THERAPY WITH THE RESIDENT AND ONE HOUR OF OUTOFCELL RECRE 32 ATION. THE DEPARTMENT SHALL REMOVE ALL RESTRICTIONS WITHIN FIFTEEN DAYS, 33 AND MAY NOT IMPOSE NEW RESTRICTIONS UNLESS THE PERSON COMMITS A NEW ACT 34 DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION. 35 (VII) RESTRAINTS SHALL NOT BE USED WHEN RESIDENTS LEAVE A CELL OR 36 HOUSING AREA FOR ONUNIT OPERATIONS, UNLESS A RESIDENT WAS FOUND AT A 37 HEARING TO HAVE COMMITTED AN ACT OF VIOLENCE ON THE RESIDENTIAL REHABIL 38 ITATION UNIT WITHIN THE PREVIOUS SEVEN DAYS OR IS CURRENTLY ACTING IN AN 39 UNACCEPTABLY VIOLENT MANNER, AND NOT USING RESTRAINTS WOULD CREATE A 40 SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY AND SECURITY OF OTHER 41 RESIDENTS OR STAFF. 42 (VIII) THERE SHALL BE A PRESUMPTION AGAINST THE IMPOSITION OF MISBE 43 HAVIOR REPORTS, PURSUIT OF DISCIPLINARY CHARGES, OR IMPOSITION OF ADDI 44 TIONAL TIME IN SEGREGATED CONFINEMENT FOR INDIVIDUALS IN SEGREGATED 45 CONFINEMENT OR RESIDENTIAL REHABILITATION UNITS. THE DEPARTMENT SHALL 46 USE OTHER NONDISCIPLINARY INTERVENTIONS TO ADDRESS ANY PROBLEMATIC 47 BEHAVIOR. NO RESIDENT SHALL RECEIVE SEGREGATED CONFINEMENT TIME WHILE IN 48 SEGREGATED CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT EXCEPT WHERE 49 IT IS DETERMINED PURSUANT TO A DISCIPLINARY HEARING THAT HE OR SHE 50 COMMITTED ONE OR MORE ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) 51 OF THIS SUBDIVISION WHILE ON THE UNIT, AND THAT HE OR SHE POSES A 52 SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY OF RESIDENTS OR STAFF, 53 OR THE SECURITY OF THE FACILITY. 54 (J) (I) THE DEPARTMENT MAY PLACE A PERSON IN EMERGENCY CONFINEMENT 55 WITHOUT A HEARING IF NECESSARY FOR IMMEDIATELY DEFUSING A SUBSTANTIAL http://open.nysenate.gov/legislation/api/1.0/lrs-print/bill/A8588-2013 3/7 2/18/2014 A8588-2013 Text - NY Senate Open Legislation A. 8588 4 1 AND IMMINENT THREAT TO SAFETY OR SECURITY OF INCARCERATED PERSONS OR 2 STAFF. 3 (II) THE DEPARTMENT IS ENCOURAGED TO USE RESPONSES OTHER THAN SEGRE 4 GATED CONFINEMENT IN RESPONSE TO DEPARTMENT RULE VIOLATIONS. THE DEPART 5 MENT MAY PLACE A PERSON IN SHORT TERM SEGREGATED CONFINEMENT IF IT 6 DETERMINES, PURSUANT TO AN EVIDENTIARY HEARING, THAT THE PERSON COMMIT 7 TED A DEPARTMENT RULE VIOLATION WARRANTING SUCH CONFINEMENT AND THE 8 LENGTH OF SEGREGATED CONFINEMENT IMPOSED IS PROPORTIONATE TO THE 9 VIOLATION. 10 (III) THE DEPARTMENT MAY PLACE A PERSON IN EXTENDED SEGREGATED 11 CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT ONLY IF, PURSUANT TO AN 12 EVIDENTIARY HEARING, IT DETERMINES THE PERSON COMMITTED, WHILE UNDER 13 DEPARTMENT CUSTODY, OR PRIOR TO CUSTODY IF THE COMMISSIONER OR HIS OR 14 HER DESIGNEE DETERMINES IN WRITING BASED ON SPECIFIC OBJECTIVE CRITERIA 15 THE ACTS WERE SO HEINOUS OR DESTRUCTIVE THAT GENERAL POPULATION HOUSING 16 CREATES A SIGNIFICANT RISK OF IMMINENT SERIOUS PHYSICAL INJURY TO STAFF 17 OR OTHER INCARCERATED PERSONS, ONE OF THE FOLLOWING ACTS: (A) CAUSING OR 18 ATTEMPTING TO CAUSE SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON; 19 (B) COMPELLING OR ATTEMPTING TO COMPEL ANOTHER PERSON, BY FORCE OR 20 THREAT OF FORCE, TO ENGAGE IN A SEXUAL ACT; (C) EXTORTING ANOTHER, BY 21 FORCE OR THREAT OF FORCE, FOR PROPERTY OR MONEY; (D) COERCING ANOTHER, 22 BY FORCE OR THREAT OF FORCE, TO VIOLATE ANY RULE; (E) LEADING, ORGANIZ 23 ING, OR INCITING A SERIOUS DISTURBANCE THAT RESULTS IN THE TAKING OF A 24 HOSTAGE, MAJOR PROPERTY DAMAGE, OR PHYSICAL HARM TO ANOTHER PERSON; (F) 25 PROCURING DEADLY WEAPONS OR OTHER DANGEROUS CONTRABAND THAT POSES A 26 SERIOUS THREAT TO THE SECURITY OF THE INSTITUTION; OR (G) ESCAPING, 27 ATTEMPTING TO ESCAPE OR FACILITATING AN ESCAPE FROM A FACILITY, OR WHILE 28 UNDER SUPERVISION OUTSIDE OF SUCH A FACILITY, RESULTING IN PHYSICAL HARM 29 OR THREATENED PHYSICAL HARM TO OTHERS, OR IN MAJOR DESTRUCTION TO THE 30 PHYSICAL PLANT. 31 (IV) NO PERSON MAY BE HELD IN SEGREGATED CONFINEMENT FOR PROTECTIVE 32 CUSTODY. ANY UNIT USED FOR PROTECTIVE CUSTODY MUST, AT A MINIMUM, 33 CONFORM TO REQUIREMENTS GOVERNING RESIDENTIAL REHABILITATION UNITS UNDER 34 PARAGRAPHS (I), (L), (M), AND (N) OF THIS SUBDIVISION. WHEN APPLIED TO A 35 PERSON IN PROTECTIVE CUSTODY, THE CRITERIA IN SUBPARAGRAPH (II) AND 36 CLAUSE (A) OF SUBPARAGRAPH (III) OF PARAGRAPH (L) OF THIS SUBDIVISION 37 SHALL BE THAT "THE PERSON STILL IS IN NEED OF PROTECTIVE CUSTODY"; AND 38 THE CRITERIA IN SUBPARAGRAPH (IV) OF PARAGRAPH (1) OF THIS SUBDIVISION 39 SHALL BE THAT "THE PERSON IS IN VOLUNTARY PROTECTIVE CUSTODY." 40 (K) (I) ALL HEARINGS TO DETERMINE IF A PERSON MAY BE PLACED IN SHORT 41 TERM OR EXTENDED SEGREGATED CONFINEMENT SHALL OCCUR PRIOR TO PLACEMENT 42 IN SEGREGATED CONFINEMENT UNLESS A SECURITY SUPERVISOR, WITH WRITTEN 43 APPROVAL OF A FACILITY SUPERINTENDENT OR DESIGNEE, REASONABLY BELIEVES 44 THE PERSON FITS THE CRITERIA FOR EXTENDED SEGREGATED CONFINEMENT. IF A 45 HEARING DOES NOT TAKE PLACE PRIOR TO PLACEMENT, IT SHALL OCCUR AS SOON 46 AS REASONABLY PRACTICABLE AND AT MOST WITHIN FIVE DAYS OF TRANSFER 47 UNLESS THE CHARGED PERSON SEEKS MORE TIME. ALL HEARINGS SHALL AT A MINI 48 MUM COMPLY WITH THE STANDARDS OF ALL DEPARTMENT RULES FOR DISCIPLINARY 49 HEARINGS AS OF JANUARY FIRST, TWO THOUSAND FIFTEEN. PERSONS AT ALL 50 HEARINGS SHALL BE PERMITTED TO BE REPRESENTED BY ANY PRO BONO OR 51 RETAINED ATTORNEY, OR LAW STUDENT; OR ANY PARALEGAL OR INCARCERATED 52 PERSON UNLESS THE DEPARTMENT REASONABLY DISAPPROVES OF SUCH PARALEGAL OR 53 INCARCERATED PERSON BASED UPON OBJECTIVE WRITTEN CRITERIA DEVELOPED BY 54 THE DEPARTMENT CONCERNING QUALIFICATIONS TO BE AN ASSISTANT AT A HEAR 55 ING. http://open.nysenate.gov/legislation/api/1.0/lrs-print/bill/A8588-2013 4/7 2/18/2014 A8588-2013 Text - NY Senate Open Legislation A. 8588 5 1 (II) ON NOTIFICATION A PERSON IS TO BE PLACED IN SEGREGATED CONFINE 2 MENT AND PRIOR TO SUCH PLACEMENT, HE OR SHE SHALL BE ASSESSED BY RELE 3 VANT LICENSED MEDICAL, SOCIAL, AND/OR MENTAL HEALTH PROFESSIONALS TO 4 DETERMINE WHETHER HE OR SHE BELONGS TO ANY SPECIAL POPULATION AS DEFINED 5 IN SUBDIVISION THIRTYTWO OF SECTION TWO OF THIS CHAPTER. IF A PERSON 6 DISPUTES A DETERMINATION THAT HE OR SHE IS NOT IN A SPECIAL POPULATION, 7 HE OR SHE SHALL BE PROVIDED A HEARING WITHIN SEVENTYTWO HOURS OF PLACE 8 MENT IN SEGREGATED CONFINEMENT TO CHALLENGE SUCH DETERMINATION. 9 (L) (I) ANY SANCTION IMPOSED ON AN INCARCERATED PERSON REQUIRING 10 SEGREGATED CONFINEMENT SHALL RUN WHILE THE PERSON IS IN A RESIDENTIAL 11 REHABILITATION UNIT AND THE PERSON SHALL BE DISCHARGED FROM THE UNIT 12 BEFORE OR AT THE TIME THAT SANCTION EXPIRES. 13 (II) WITHIN THIRTY DAYS OF ADMISSION TO A RESIDENTIAL REHABILITATION 14 UNIT AND EVERY SIXTY DAYS THEREAFTER, THE ASSESSMENT COMMITTEE SHALL 15 REVIEW EACH RESIDENT'S PROGRESS AND DISCHARGE A RESIDENT UNLESS IT 16 DETERMINES IN WRITING THROUGH CREDIBLE AND RELIABLE EVIDENCE THAT THERE 17 IS CURRENTLY A SUBSTANTIAL LIKELIHOOD THAT THE RESIDENT WILL COMMIT AN 18 ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION. 19 (III) WITHIN ONE HUNDRED DAYS AFTER ADMISSION TO A RESIDENTIAL REHA 20 BILITATION UNIT AND EVERY ONE HUNDRED TWENTY DAYS THEREAFTER, A REHABIL 21 ITATION REVIEW COMMITTEE, COMPRISED OF CORRECTIONAL FACILITY EXECUTIVE 22 LEVEL PROGRAM, REHABILITATION, AND SECURITY STAFF SHALL DISCHARGE A 23 RESIDENT FROM A RESIDENTIAL REHABILITATION UNIT UNLESS IT DETERMINES IN 24 WRITING, AFTER CONSIDERING THE RESIDENT'S ORAL STATEMENT AND ANY WRITTEN 25 SUBMISSIONS BY THE RESIDENT OR OTHERS, THAT: (A) THERE IS CURRENTLY A 26 SUBSTANTIAL LIKELIHOOD THAT THE RESIDENT WILL COMMIT AN ACT LISTED IN 27 SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION, SIGNIFICANT 28 THERAPEUTIC REASONS EXIST FOR KEEPING THE RESIDENT IN THE UNIT TO 29 COMPLETE SPECIFIC PROGRAM OR TREATMENT GOALS, AND REMAINING IN THE UNIT 30 IS IN THE BEST INTEREST OF THE RESIDENT; OR (B) THE RESIDENT HAS COMMIT 31 TED AN ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDI 32 VISION DURING THE ONE HUNDRED TWENTY DAYS PRIOR TO THE REVIEW. 33 (IV) IF A RESIDENT HAS SPENT ONE YEAR IN A RESIDENTIAL REHABILITATION 34 UNIT OR IS WITHIN SIXTY DAYS OF A FIXED OR TENTATIVELY APPROVED DATE FOR 35 RELEASE FROM A CORRECTIONAL FACILITY, HE SHALL BE DISCHARGED FROM THE 36 UNIT UNLESS HE OR SHE COMMITTED AN ACT LISTED IN SUBPARAGRAPH (III) OF 37 PARAGRAPH (J) OF THIS SUBDIVISION WITHIN THE PRIOR ONE HUNDRED EIGHTY 38 DAYS OR HE OR SHE CAUSED THE DEATH OF ANOTHER PERSON WHILE UNDER DEPART 39 MENT CUSTODY OR ESCAPED OR ATTEMPTED TO ESCAPE FROM DEPARTMENT OR OTHER 40 POLICE CUSTODY AND THE REHABILITATION REVIEW COMMITTEE DETERMINES HE OR 41 SHE POSES A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY OR SECURITY 42 OF INCARCERATED PERSONS OR STAFF, BUT IN ANY SUCH CASE THE DECISION NOT 43 TO DISCHARGE SUCH PERSON SHALL BE IMMEDIATELY AND AUTOMATICALLY 44 SUBJECTED TO AN INDEPENDENT REVIEW BY THE JUSTICE CENTER ENTITY WITH 45 OVERSIGHT RESPONSIBILITIES UNDER SECTION FOUR HUNDRED ONEA OF THIS 46 CHAPTER, WITH TIMELY NOTICE GIVEN TO THE INCARCERATED PERSON OF THE 47 SUBMISSION OF THE CASE TO THE JUSTICE CENTER AND OF THE DECISION OF THE 48 JUSTICE CENTER. IF THE JUSTICE CENTER DISAGREES WITH THE DECISION TO 49 NOT DISCHARGE, THE RESIDENT WILL BE IMMEDIATELY RELEASED FROM THE RESI 50 DENTIAL REHABILITATION UNIT. IF THE JUSTICE CENTER AGREES WITH THE DECI 51 SION TO NOT DISCHARGE, THE DISCHARGE PROCEDURES SET FORTH IN THIS PARA 52 GRAPH SHALL APPLY INCLUDING ANNUAL REVIEWS BY THE JUSTICE CENTER OF A 53 DECISION BY THE REHABILITATION REVIEW COMMITTEE TO REFUSE TO RELEASE A 54 RESIDENT, HOWEVER, UNDER NO CIRCUMSTANCES SHALL ANY SUCH PERSON BE HELD 55 IN THE RESIDENTIAL REHABILITATION UNIT FOR MORE THAN THREE YEARS UNLESS 56 THE REHABILITATION REVIEW COMMITTEE DETERMINES HE OR SHE COMMITTED AN http://open.nysenate.gov/legislation/api/1.0/lrs-print/bill/A8588-2013 5/7 2/18/2014 A8588-2013 Text - NY Senate Open Legislation A. 8588 6 1 ACT LISTED IN SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION 2 WITHIN ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION OF THE THREE YEAR 3 PERIOD AND POSES A SIGNIFICANT AND UNREASONABLE RISK TO THE SAFETY OR 4 SECURITY OF INCARCERATED PERSONS OR STAFF. 5 (V) AFTER EACH ASSESSMENT COMMITTEE AND REHABILITATION REVIEW COMMIT 6 TEE DECISION, IF A RESIDENT IS NOT DISCHARGED FROM THE RESIDENTIAL REHA 7 BILITATION UNIT, THE RESPECTIVE COMMITTEE SHALL SPECIFY IN WRITING (A) 8 THE REASONS FOR THE DETERMINATION AND (B) THE PROGRAM, TREATMENT, 9 SERVICE, AND/OR CORRECTIVE ACTION REQUIREMENTS FOR DISCHARGE. THE RESI 10 DENT SHALL BE GIVEN ACCESS TO THE PROGRAMS, TREATMENT AND SERVICES SPEC 11 IFIED, AND SHALL BE DISCHARGED FROM THE RESIDENTIAL REHABILITATION UNIT 12 UPON COMPLETION UNLESS THE RESIDENT HAS COMMITTED AN ACT LISTED IN 13 SUBPARAGRAPH (III) OF PARAGRAPH (J) OF THIS SUBDIVISION DURING THE 14 PREVIOUS ONE HUNDRED TWENTY DAYS. 15 (VI) WHEN A RESIDENT IS DISCHARGED FROM A RESIDENTIAL REHABILITATION 16 UNIT, ANY REMAINING SENTENCE TO SEGREGATED CONFINEMENT TIME WILL BE 17 DISMISSED. IF A RESIDENT SUBSTANTIALLY COMPLETES HIS REHABILITATION 18 PLAN, HE OR SHE WILL HAVE ALL GOOD TIME RESTORED UPON DISCHARGE FROM THE 19 UNIT. 20 (M) ALL STAFF, INCLUDING SUPERVISORY STAFF, WORKING IN A SEGREGATED 21 CONFINEMENT OR RESIDENTIAL REHABILITATION UNIT SHALL UNDERGO A MINIMUM 22 OF FORTY HOURS OF TRAINING PRIOR TO WORKING ON THE UNIT AND TWENTYFOUR 23 HOURS ANNUALLY THEREAFTER, ON SUBSTANTIVE CONTENT DEVELOPED IN CONSULTA 24 TION WITH RELEVANT EXPERTS, INCLUDING TRAUMA, PSYCHIATRIC AND RESTORA 25 TIVE JUSTICE EXPERTS, ON TOPICS INCLUDING, BUT NOT LIMITED TO, THE 26 PURPOSE AND GOALS OF THE NONPUNITIVE THERAPEUTIC ENVIRONMENT AND 27 DISPUTE RESOLUTION METHODS. PRIOR TO PRESIDING OVER ANY HEARINGS, ALL 28 HEARING OFFICERS SHALL UNDERGO A MINIMUM OF FORTY HOURS OF TRAINING, AND 29 EIGHT HOURS ANNUALLY THEREAFTER, ON RELEVANT TOPICS, INCLUDING BUT NOT 30 LIMITED TO, THE PHYSICAL AND PSYCHOLOGICAL EFFECTS OF SEGREGATED 31 CONFINEMENT, PROCEDURAL AND DUE PROCESS RIGHTS OF THE ACCUSED, AND 32 RESTORATIVE JUSTICE REMEDIES. 33 (N) THE DEPARTMENT SHALL MAKE PUBLICLY AVAILABLE MONTHLY REPORTS OF 34 THE NUMBER OF PEOPLE AS OF THE FIRST DAY OF EACH MONTH, AND SEMIANNUAL 35 AND ANNUAL CUMULATIVE REPORTS OF THE TOTAL NUMBER OF PEOPLE, WHO ARE (I) 36 IN SEGREGATED CONFINEMENT; AND (II) IN RESIDENTIAL REHABILITATION UNITS; 37 ALONG WITH A BREAKDOWN OF THE NUMBER OF PEOPLE (III) IN SEGREGATED 38 CONFINEMENT AND (IV) IN RESIDENTIAL REHABILITATION UNITS BY (A) AGE; (B) 39 RACE; (C) GENDER; (D) MENTAL HEALTH LEVEL; (E) HEALTH STATUS; (F) DRUG 40 ADDICTION STATUS; (G) PREGNANCY STATUS; (H) LESBIAN, GAY, BISEXUAL, 41 TRANSGENDER, OR INTERSEX STATUS; AND (I) TOTAL CONTINUOUS LENGTH OF 42 STAY, AND TOTAL LENGTH OF STAY IN THE PAST SIXTY DAYS, IN SEGREGATED 43 CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT. 44 S 5. Section 401a of the correction law is amended by adding a new 45 subdivision 4 to read as follows: 46 4. THE JUSTICE CENTER SHALL ASSESS COMPLIANCE WITH THE TERMS OF, AND 47 AT LEAST ANNUALLY REPORT ON AND MAKE RECOMMENDATIONS TO THE DEPARTMENT, 48 LEGISLATURE, AND PUBLIC IN WRITING, REGARDING ALL ASPECTS OF SEGREGATED 49 CONFINEMENT AND RESIDENTIAL REHABILITATION UNITS IN STATE CORRECTIONAL 50 FACILITIES PURSUANT TO SECTION ONE HUNDRED THIRTYSEVEN OF THIS CHAPTER, 51 INCLUDING BUT NOT LIMITED TO POLICIES AND PRACTICES REGARDING: (A) 52 PLACEMENT OF PERSONS; (B) SPECIAL POPULATIONS; (C) LENGTH OF TIME SPENT; 53 (D) HEARINGS AND PROCEDURES; (E) CONDITIONS, PROGRAMS, SERVICES, CARE, 54 AND TREATMENT; AND (F) ASSESSMENTS AND REHABILITATION PLANS, AND PROCE 55 DURES AND DETERMINATIONS MADE AS TO WHETHER PERSONS SHOULD REMAIN IN 56 RESIDENTIAL REHABILITATION UNITS. http://open.nysenate.gov/legislation/api/1.0/lrs-print/bill/A8588-2013 6/7 2/18/2014 A8588-2013 Text - NY Senate Open Legislation A. 8588 7 1 S 6. Subdivision 4 of section 45 of the correction law, as amended by 2 section 15 of subpart A of part C of chapter 62 of the laws of 2011, is 3 amended to read as follows: 4 4. (A) Establish procedures to assure effective investigation of 5 grievances of, and conditions affecting, inmates of local correctional 6 facilities. Such procedures shall include but not be limited to receipt 7 of written complaints, interviews of persons, and onsite monitoring of 8 conditions. In addition, the commission shall establish procedures for 9 the speedy and impartial review of grievances referred to it by the 10 commissioner of the department of corrections and community supervision. 11 (B) THE COMMISSION SHALL ALSO ASSESS COMPLIANCE WITH THE TERMS OF, AND 12 AT LEAST ANNUALLY REPORT ON AND MAKE RECOMMENDATIONS TO THE DEPARTMENT, 13 LEGISLATURE, AND PUBLIC, REGARDING ALL ASPECTS OF SEGREGATED CONFINEMENT 14 AND RESIDENTIAL REHABILITATION UNITS IN FACILITIES GOVERNED BY SECTION 15 FIVE HUNDREDK OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO POLICIES 16 AND PRACTICES FOR BOTH REGARDING: (I) PLACEMENT OF PERSONS; (II) SPECIAL 17 POPULATIONS; (III) LENGTH OF TIME SPENT; (IV) HEARINGS AND PROCEDURES; 18 (V) CONDITIONS, PROGRAMS, SERVICES, CARE, AND TREATMENT; AND (VI) 19 ASSESSMENTS AND REHABILITATION PLANS, AND PROCEDURES AND DETERMINATIONS 20 MADE AS TO WHETHER PERSONS SHOULD REMAIN IN RESIDENTIAL REHABILITATION 21 UNITS. 22 S 7. This act shall take effect immediately. http://open.nysenate.gov/legislation/api/1.0/lrs-print/bill/A8588-2013 7/7
