Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to pass a bill that limits the use of solitary confinement and provides other therapeutic techniques for prisoners.

Highlights:

• Defines "residential rehabilitation unit" as a separate housing unit used for therapy, treatment, and rehabilitative programming of incarcerated people who have been determined to require more than fifteen days of segregated confinement pursuant to department proceedings. Such units are therapeutic and trauma-informed, and aim to address individual treatment and rehabilitation needs and underlying causes of problematic behaviors (Sec. 1-2.34).

• Requires cell confinement that is implemented due to medical or mental health treatment to be within a clinical area in the correctional facility or in as close proximity to a medical or mental health unit as possible (Sec. 1-23).

• Establishes Upon placement of an inmate into segregated confinement or a residential rehabilitation unit at a level one or level two facility, a suicide prevention screening instrument shall be administered by staff from the department or the office of mental health who has been trained for that purpose (Sec. 1-4.ii.A).

• Prohibits the placement of an incarcerated person with serious mental illness into segregated confinement at any time, even for the purposes of assessment (Sec. 1-4.C).

• Prohibits any person from being placed in segregated confinement for longer than necessary and no more than 15 consecutive days or 20 total days within any 60 day period. At these limits, he or she must be released from segregated confinement or diverted to a separate residential rehabilitation unit (Sec. 1-5.i).

• Specifies all segregated confinement and residential rehabilitation units are created to be the least restrictive environment necessary for the safety of incarcerated persons, staff, and the security of the facility (Sec. 1-5.j.i).

• Prohibits the limitation on services, treatment, or basic needs such as clothing, food and bedding as a form of punishment (Sec. 1-5.j.iii).

• Specifies a person may be placed in segregated confinement if they are a significant risk of imminent serious physical injury to staff or other incarcerated persons, and creates an unreasonable risk to the security of the facility for the following reasons (Sec. 1-5.k.ii):

• Causing or attempting to cause serious physical injury or death to another person or making an imminent threat of such serious physical injury or death if the person has a history of causing such physical injury or death;

• Compelling or attempting to compel another person, by force or threat of force, to engage in a sexual act;

• Extorting another, by force or threat of force, for property or money;

• Coercing another, by force or threat of force, to violate any  rule;

• Leading, organizing, inciting, or attempting to cause a riot, insurrection, or other similarly serious disturbance that results in the taking of a hostage, major property damage, or physical harm to another person;

• Procuring deadly weapons or other dangerous contraband that poses a serious threat to the security of the institution; or

• Escaping, attempting to escape or facilitating an escape from a facility or escaping or attempting to escape while under supervision outside such facility.

• Specifies any sanction imposed on an incarcerated person requiring segregated confinement will run while the person is in a residential rehabilitation unit and the person is to be discharged from the unit before or at the time such sanction expires (Sec. 1-5.m.i).

• Requires de-escalation, intervention, informational reports, and the withdrawal of incentives to be the preferred methods of responding to misbehavior unless the Department of Corrections determines that non-disciplinary interventions have failed, or that non-disciplinary interventions would not succeed and the misbehavior involved would continue, in which case, as a last resort, the Department will have the authority to issue misbehavior reports, pursue disciplinary charges, or impose new or additional segregated confinement sanctions (Sec. 1-6-7).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that limits the use of solitary confinement and provides other therapeutic techniques for prisoners.

Highlights:

• Defines "residential rehabilitation unit" as a separate housing unit used for therapy, treatment, and rehabilitative programming of incarcerated people who have been determined to require more than fifteen days of segregated confinement pursuant to department proceedings. Such units are therapeutic and trauma-informed, and aim to address individual treatment and rehabilitation needs and underlying causes of problematic behaviors (Sec. 1-2.34).

• Requires cell confinement that is implemented due to medical or mental health treatment to be within a clinical area in the correctional facility or in as close proximity to a medical or mental health unit as possible (Sec. 1-23).

• Establishes Upon placement of an inmate into segregated confinement or a residential rehabilitation unit at a level one or level two facility, a suicide prevention screening instrument shall be administered by staff from the department or the office of mental health who has been trained for that purpose (Sec. 1-4.ii.A).

• Prohibits the placement of an incarcerated person with serious mental illness into segregated confinement at any time, even for the purposes of assessment (Sec. 1-4.C).

• Prohibits any person from being placed in segregated confinement for longer than necessary and no more than 15 consecutive days or 20 total days within any 60 day period. At these limits, he or she must be released from segregated confinement or diverted to a separate residential rehabilitation unit (Sec. 1-5.i).

• Specifies all segregated confinement and residential rehabilitation units are created to be the least restrictive environment necessary for the safety of incarcerated persons, staff, and the security of the facility (Sec. 1-5.j.i).

• Prohibits the limitation on services, treatment, or basic needs such as clothing, food and bedding as a form of punishment (Sec. 1-5.j.iii).

• Specifies a person may be placed in segregated confinement if they are a significant risk of imminent serious physical injury to staff or other incarcerated persons, and creates an unreasonable risk to the security of the facility for the following reasons (Sec. 1-5.k.ii):

• Causing or attempting to cause serious physical injury or death to another person or making an imminent threat of such serious physical injury or death if the person has a history of causing such physical injury or death;

• Compelling or attempting to compel another person, by force or threat of force, to engage in a sexual act;

• Extorting another, by force or threat of force, for property or money;

• Coercing another, by force or threat of force, to violate any  rule;

• Leading, organizing, inciting, or attempting to cause a riot, insurrection, or other similarly serious disturbance that results in the taking of a hostage, major property damage, or physical harm to another person;

• Procuring deadly weapons or other dangerous contraband that poses a serious threat to the security of the institution; or

• Escaping, attempting to escape or facilitating an escape from a facility or escaping or attempting to escape while under supervision outside such facility.

• Specifies any sanction imposed on an incarcerated person requiring segregated confinement will run while the person is in a residential rehabilitation unit and the person is to be discharged from the unit before or at the time such sanction expires (Sec. 1-5.m.i).

• Requires de-escalation, intervention, informational reports, and the withdrawal of incentives to be the preferred methods of responding to misbehavior unless the Department of Corrections determines that non-disciplinary interventions have failed, or that non-disciplinary interventions would not succeed and the misbehavior involved would continue, in which case, as a last resort, the Department will have the authority to issue misbehavior reports, pursue disciplinary charges, or impose new or additional segregated confinement sanctions (Sec. 1-6-7).

Full Bill Text