What's happening
This bill requires that 16- and 17-year-old inmates in segregated confinement be offered out-of-cell programming and exercise five days a week.
Why it matters
Recognizes the developmental needs of adolescents. by mandating regular out-of-cell time, which can help reduce the psychological harm often associated with extended isolation for youth.
Aims to improve rehabilitation outcomes. for 16- and 17-year-olds by requiring access to programming and exercise, which are linked to lower recidivism and better reintegration prospects.
Limits the most restrictive forms of disciplinary confinement. for minors to no more than 19 hours per day in the cell (except for exceptional circumstances), setting a clear standard and reducing the risk of excessive isolation.
Makes implementation dependent on available funding. , signaling potential resource challenges for correctional facilities but also emphasizing legislative intent to prioritize youth welfare when funds are secured.
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Who cares
Headline styles
More Programs for Jailed Teens
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3167
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
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 Assembly, 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 subdivision, 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 discipline, but in any such case the following conditions shall be observed:
§ 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 restrictive 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 commissioner.
§ 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.
LBD00268-01-7
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, 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-CIV-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
2015-16: S.436 Referred to Crime Victims, Crime and Correction 2013-14: S.7462 Referred to Crime Victims, Crime and Correction
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.