What's happening
This bill prohibits the use of segregated confinement (solitary confinement) in New York correctional facilities.
Why it matters
Eliminating solitary confinement fundamentally alters how New York correctional facilities manage discipline and safety. , requiring facilities to adopt new strategies for handling disruptive or violent behavior without segregating individuals.
The bill removes legal references and procedures related to segregated confinement throughout the correctional and executive laws. , signaling a comprehensive shift away from practices long criticized for causing psychological harm and disproportionately impacting vulnerable inmates, including those with mental illness.
Oversight and mental health committees will now focus exclusively on residential mental health treatment units. , rather than segregated confinement, which could lead to increased scrutiny and potentially improved conditions for inmates with serious mental health needs.
By repealing multiple sections tied to segregated confinement, the legislation demonstrates a commitment to systemic reform in incarceration practices. , likely increasing pressure on the system to provide more rehabilitative and humane alternatives to isolation.
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Who cares
People held in correctional facilities
The bill would prohibit placing anyone in segregated confinement, defined as disciplinary confinement in a special housing unit or separate keeplock housing unit.
Correctional facility administrators and staff
The bill would bar the use of segregated confinement as a disciplinary housing option.
- Watching
Office of Mental Health staff
Joint case management committees would no longer be charged with reviewing, monitoring and coordinating treatment plans for people in segregated confinement, while retaining that role for those in residential mental health treatment units receiving office services.
Justice Center and mental health advocates
The bill would remove segregated-confinement references from the center’s psychiatric correctional care oversight duties and eliminate segregated-unit tours for newly appointed advisory committee members.
Headline styles
End Solitary Confinement
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2445
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. HAMILTON -- 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 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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The correction law is amend 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 the term "segregated confinement" shall have the same meaning set forth in subdivision twenty-three of section two of this chapter.
§ 2. Subdivision 23 of section 2 of the correction law, as added by chapter 1 of the laws of 2008, is amended to read as follows:
23. "Segregated confinement" means the disciplinary confinement of an inmate in a special housing unit or in a separate keeplock housing unit. Special housing units and separate keeplock units are housing units that consist of cells grouped so as to provide separation from the general population[, and may be used to house inmates confined pursuant to the disciplinary procedures described in regulations].
§ 3. Subdivision 24 of section 2 of the correction law, as added by chapter 1 of the laws of 2008, is amended to read as follows:
24. "Joint case management committee" means a committee composed of staff from the department and the office of mental health. Such a committee shall be established at each level one and level two facility. Each committee shall consist of at least two clinical staff of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00732-01-7
S. 2445 2
office of mental health and two officials of the department. The purpose of such committee shall be to review, monitor and coordinate the behavior and treatment plan of any inmate who is placed in [segregated confinement or] a residential mental health treatment unit and who is receiving services from the office of mental health.
§ 4. Paragraph (d) of subdivision 6 of section 137 of the correction law is REPEALED.
§ 5. The opening paragraph of subparagraph (i) of paragraph (e) of subdivision 6 of section 137 of the correction law, as added by chapter 1 of the laws of 2008, is amended to read as follows:
he or she has a current diagnosis of[, or is diagnosed at the initial or any subsequent assessment conducted during the inmate's segregated confinement with,] one or more of the following types of Axis I diagnoses, as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, and such diagnoses shall be made based upon all relevant clinical factors, including but not limited to symptoms related to such diagnoses:
§ 6. Subparagraph (vi) of paragraph (e) of subdivision 6 of section 137 of the correction law is REPEALED.
§ 7. Subdivision 5 of section 401 of the correction law is REPEALED.
§ 8. Subdivision 2 of section 401-a of the correction law is REPEALED.
§ 9. Subdivision 3 of section 401-a of the correction law, as amended by section 6 of part A of chapter 501 of the laws of 2012, is amended to read as follows:
3. The justice center shall appoint an advisory committee on psychiatric correctional care ("committee"), which shall be composed of independent mental health experts and mental health advocates, and may include family members of former inmates with serious mental illness. Such committee shall advise the justice center on its oversight responsibilities pursuant to this section. The committee may also make recommendations to the justice center regarding improvements to prison-based mental health care. Nothing in this subdivision shall be deemed to authorize members of the committee to have access to a correctional or mental hygiene facility or any part of such a facility. Provided, however, newly appointed members of the advisory committee shall be provided with a tour of [a segregated confinement unit and] a residential mental health treatment unit, as selected by the commissioner. Any such tour shall be arranged on a date and at a time selected by the commissioner and upon such terms and conditions as are within the sole discretion of the commissioner.
§ 10. Subdivision 24 of section 553 of the executive law, as added by section 3 of part A of chapter 501 of the laws of 2012, is amended to read as follows:
24. To monitor and make recommendations regarding the quality of care provided to inmates with serious mental illness, including those who are in a residential mental health treatment unit [or segregated confinement] in facilities operated by the department of corrections and community supervision, and oversee compliance with [paragraphs (d) and (e) of subdivision six of section one hundred thirty-seven, and] section four hundred one of the correction law. Such responsibilities shall be carried out in accordance with section four hundred one-a of the correction law;
§ 11. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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. (3) 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).(4) In it the court found that the use of solitary confinement produced reduced mental and physical capabilities 141 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.
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