Provides out-of-cell programming for adolescents.
TITLE OF BILL: An act to amend the correction law, in relation to requiring structured out-of-cell programming for adolescents in segregated disciplinary confinement
PURPOSE: To reduce the amount of time in which an adolescent inmate is placed in segregated confinement or other restrictive confinement.
SUMMARY OF PROVISIONS:
Section 1 adds paragraph (g) to the list of exceptions to segregated confinement
Section 2 adds paragraph (g) to section 137 of the correction law, limiting the amount of time a sixteen and seventeen year old inmate can spend in segregated confinement or other restricted confinement except in exceptional circumstances.
Section 3 states that this act will take effect immediately
JUSTIFICATION: Under the terms of an interim settlement agreement in a federal civil rights law suit, Peoples v. Fischer, 11-C1V-2694 (SAS), the New York Department of Corrections and Community Supervision has agreed to limit the amount of time an adolescent inmate can spend in segregated confinement. This bill seeks to codify that agreement.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: 180th day.
STATE OF NEW YORK ________________________________________________________________________ 7462 IN SENATE May 15, 2014 ___________Introduced by Sen. GALLIVAN -- 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 requiring structured out-of-cell programming for adolescents in segregated disciplinary confinement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 6 of section 137 of the correction law, as amended by chapter 1 of the laws of 2008, is amended to read as follows: Except as provided in paragraphs (d)
[and], (e) AND (G) of this subdi- vision, the superintendent of a correctional facility may keep any inmate confined in a cell or room, apart from the accommodations provided for inmates who are participating in programs of the facility, for such period as may be necessary for maintenance of order or disci- pline, but in any such case the following conditions shall be observed: S 2. Subdivision 6 of section 137 of the correction law is amended by adding a new paragraph (g) to read as follows: (G) CONTINGENT ON THE DEPARTMENT'S ABILITY TO SECURE THE NECESSARY FUNDING, THE DEPARTMENT SHALL ENSURE THAT EVEN UNDER THE MOST RESTRIC- TIVE FORM OF DISCIPLINARY HOUSING, SIXTEEN AND SEVENTEEN YEAR OLD INMATES SHALL FIVE DAYS A WEEK BE OFFERED OUT-OF-CELL PROGRAMMING AND OUTDOOR EXERCISE, LIMITING TIME IN THEIR CELLS TO NINETEEN HOURS A DAY, EXCEPT IN EXCEPTIONAL CIRCUMSTANCES TO BE DETERMINED BY THE COMMISSION- ER. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15234-01-4