What's happening
This bill limits the use of segregated confinement for inmates, especially those with serious mental illness, and establishes independent review for extended confinement.
Why it matters
Restricts solitary confinement to cases involving highly dangerous or serious escape-related behavior,. meaning fewer inmates can be placed in isolation for minor infractions or administrative reasons.
Caps the duration of segregated confinement at 30 days for most inmates,. requiring automatic and regular independent review for any longer confinement, which adds external oversight and accountability to the process.
Mandates removal or diversion of inmates with serious mental illness from solitary confinement,. whether their mental illness was present before or developed during confinement, aiming to better protect vulnerable populations from the mental health harms associated with isolation.
Establishes an independent review council with diverse representation—including legal, mental health, criminal justice, and formerly incarcerated perspectives—. to make decisions about extended confinement, potentially bringing more fairness and expertise to these critical determinations.
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Who cares
Incarcerated people in state prisons and county jails
The bill would restrict segregated confinement to highly dangerous or serious escape-related behavior and generally cap it at 30 days, with exceptions subject to independent review every 30 days.
State prison inmates with serious mental illness
The bill would broaden required diversion to residential mental health treatment or removal from segregated confinement, covering illness that predates or develops during confinement, subject to an existing exception.
State corrections officials and county jail administrators
They would have to apply the new restrictions on segregation and submit longer placements to an independent review council.
The governor and state Senate
The bill would require gubernatorial appointment and Senate confirmation of a seven-member review council, including an attorney, a mental health professional, a SUNY criminal justice expert and a former inmate.
Headline styles
Limit Solitary for Mentally Ill
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
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
3732
2017-2018 Regular Sessions
IN SENATE
January 26, 2017
Introduced by Sens. MONTGOMERY, COMRIE, HOYLMAN, KRUEGER -- 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 limiting the segregated confinement of persons in a correctional facility with serious mental illness
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (c), (d), (e) and (f) of subdivision 6 of section 137 of the correction law are relettered paragraphs (e), (f), (g) and (h) and two new paragraphs (c) and (d) are added to read as follows:
(c) Inmates shall not be in segregated confinement for reason of discipline, detention, administrative segregation, protective custody, keeplock, or any other reason for admission, unless they have engaged in highly dangerous or serious escape-related behavior while incarcerated in that facility;
(d) Confinement in segregated confinement shall be limited to not more than thirty days, except for an inmate whose behavior exposes a pattern of extreme violence or danger to himself or others and, provided that for those confined longer than thirty days, there shall be a review every thirty days by an independent review board, to be known as the inmate's special housing unit review council to determine whether continued segregated confinement is warranted and necessary. Such council shall be composed of seven members appointed by the governor with the advice and consent of the senate. One member shall be an attorney admitted to practice law in this state, one member shall be a mental health professional, one member shall be a criminal justice expert appointed from within employees of the state university system, and one member shall be a former inmate;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05591-03-7
S. 3732 2
§ 2. Subparagraph (i) of paragraph (f) of section 137 of the correction law, as added by chapter 1 of the laws of 2008 and such paragraph as relettered by section one of this act, is amended to read as follows:
(i) Except as set forth in clause (E) of subparagraph (ii) of this paragraph, the department, in consultation with mental health clinicians, shall divert to a residential mental health treatment unit, or shall remove inmates with serious mental illness from segregated confinement, whether such serious mental illness, as defined in paragraph [(e)] (g) of this subdivision, [from segregated confinement, where such confinement could potentially be for a period in excess of thirty days, to a residential mental health treatment unit] preceded such confinement or developed during the course of such confinement. Nothing in this paragraph shall be deemed to prevent the disciplinary process from proceeding in accordance with department rules and regulations for disciplinary hearings.
§ 3. Section 500-k of the correction law, as amended by chapter 2 of the laws of 2008, is amended to read as follows:
§ 500-k. Treatment of inmates. Subdivisions five and six of section one hundred thirty-seven of this chapter, except paragraphs [(d)] (f) and [(e)] (g) of subdivision six of such section, relating to the treatment of inmates in state correctional facilities are applicable to inmates confined in county jails; except that the report required by paragraph [(f)] (h) of subdivision six of such section shall be made to a person designated to receive such report in the rules and regulations of the state commission of correction, or in any county or city where there is a department of [correction] correctional services, to the head of such department.
§ 4. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.
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 limiting the segregated confinement of persons in a correctional facility with serious mental illness
Purpose
To ensure that inmates are not placed in segregated confinement - a Special Housing Unit (SHU) -- unless they have engaged in highly dangerous, violent or serious escape-related behavior while incarcerated in that facility. To limit the amount of time that an inmate may spend in a SHU to 30 days, except for an inmate whose behavior exposes a pattern of extreme violence or danger to himself or others. To establish an independent review board, to be known as the "inmate's special housing unit review council," to determine after 30 days whether continued confinement in an SHU is warranted and necessary. The council will be composed of seven members appointed by the governor with the advice and consent of the Senate. One member shall be an attorney, one member shall be a mental health professional, one member shall be a criminal justice expert appointed from within employees of the state university system, and one member shall be a former inmate.
To ensure that inmates suffering from a mental illness shall not be unnecessarily confined in a SHU whether such mental illness preceded such confinement or developed during the course of such confinement. Requires inmate's removal from segregated confinement except in exceptional circumstances as defined in correction law section 137 (d)(ii)(E).
Read the full memo (611 words)
Summary of provisions
Paragraphs (c), (d) , (e) and (f) of subdivision 6 of section 137 of the correction law are relettered paragraphs (e), (f), (g) and (h) and two new paragraphs (c) and (d) are added and subparagraph (i) of paragraph (f), as amended by Chapter 1 of the laws of 2008 and as relettered, is amended.
Existing law
No provision of the correction law applies to this issue. JUSTIFICATION: In New York nearly 4,300 (as of January 2016) prisoners are confined to 23 hour disciplinary lockdown in SHU. This amounts to roughly eight percent of the State's more than 53,000 inmates, a reliance on SHU that is four times the national average of about two percent.
Prisoners who act out or cannot comply with rules in the general prison population likely suffer from mild forms of mental illness to begin with. As of January 1, 2017 approximately 20 percent of the State's inmate population has some form of mental illness, of which the Office of Mental Health designated 2,552 as seriously mentally ill. The majority of these inmates with serious mental illness were previously residing in general population. The psychiatric problems of inmates deepen and become profoundly dangerous during long months, even years, in the isolation of SHU. Prisoners confined to 23-hour lockdown in SHU exhibit symptoms of mental illness, including depression, increased paranoia, agitation, manic activity, delusions, florid psychotic illness and suicide. Of the total number of inmates designated as seriously mentally ill, 278 of the total number of inmates designated as seriously mentally ill had a confinement sanction (either SHU or Keeplock) over 30 days. Of this number, 272 were in a Residential Mental Health Treatment Unit (RMHTU), not a segregated confinement unit. It is vital that we continue to ensure
mentally ill inmates receive treatment rather than disciplinary punishment.
Legislative history
2001-2002: S.1634 Died in Committee 2003-2004: S.2272 Died in Committee 2005-2006: S.1498 Died in Committee 2007-2008: S.2013 Died in Committee 2011-2012: S.5906 Died in Committee 2013-2014: S.1401 Died in Committee
Fiscal implications
To be determined.
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law, with provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.