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S6219Senate2015-2016 Session

Prohibits the housing of persons in segregated confinement

Sponsor Jesse HamiltonSD-20Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Crime Victims, Crime And Correction
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Crime Victims, Crime And Correction

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Who cares

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Sponsors

Primary sponsor
Jesse Hamilton

Senator · Senate District 20

No co-sponsors yet.

History

  1. Referred to crime victims, crime and correction

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the correction law and the executive law, in relation to prohibiting the housing of persons in segregated confinement; and to repeal certain provisions of the correction law relating thereto

Purpose

prohibits the housing of persons in segregated confinement

Summary of provisions

Section 1. The corrections law is amended by adding a new section 120-a to read as follows: § 120-a. Segregated confinement prohibited. Notwithstanding any other provision of law, no person housed or confined in a correctional facility shall be placed in segregated confinement. For purposes of this section the term "correctional facility" shall have the same meaning set forth in subdivision three of section forty of this chapter and term "segregated confinement" shall have the same meaning set forth in subdivision twenty-three of section two of this chapter.

Existing law

New

Justification

Solitary - "Segregated" confinement is a form of imprisonment in which an inmate is isolated from any human contact, though often with the exception of members of prison staff. It is sometimes employed as a form of punishment beyond incarceration for a prisoner and has been cited as an additional measure of protection for the inmate. This form of punishment is also given for violations of prison regulations. It is also used as a form of protective custody and to prevent in the case of suicide, restriction from items that could disrupt the prisoners health. Research surrounding possible psychological and physiological effects of solitary confinement date back to the 1860s. Prison records from the Denmark institute during 1870-1920 indicate that staff noticed inmates were exhibiting signs of mental illnesses while in isolation, revealing that this persistent problem has been around for decades. The first comment by the Supreme Court of the United States about solitary confinement's effect on prisoner mental status was made in 1890 (In re Medley 134 U.S. 160). In it the court found that the use of solitary confinement produced reduced mental and physical capabilities.143 The use of solitary confinement in prisons was first introduced in order to regulate unruly prisoners, and keep them separated from the rest of the prison population. However, Solitary Confinement has been linked to several developments of mental disorders, one of which being Ganser Syndrome. A man developed ganser syndrome after being held in solitary confinement for a long term sentence; however, this development is seen as rare, and unlikely in most cases. The effects of solitary confinement on mental health are undeniable. According to the Journal of the American Academy of Psychiatry online, solitary confinement can cause an array of mental disorders, as well as provoke an already existing mental disorder in a prisoner, causing more trauma and symptoms. Solitary Confinement is a form of imprisonment practiced world wide, however, no "positive effects" of the punishment have been proven

Legislative history

New

Fiscal implications

None

Local fiscal implications

None

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.