New York A 10430: Establishes tiers of essential employees during a state of emergency

Bill Text

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A10430 Summary:

BILL NOA10430 

&nbsp

SAME ASSAME AS S09487

&nbsp

SPONSORDiPietro

&nbsp

COSPNSRRa, DeStefano, Gallahan, Beephan, Palmesano, Chludzinski, Hawley, Slater, Bologna, Smullen, Simpson

&nbsp

MLTSPNSR

&nbsp

Amd §§137 & 803, Cor L

&nbsp

Relates to certain conduct that may place a person in segregated confinement; expands the criteria that can be used for calculating good behavior allowances.

Go to top A10430 Actions:

BILL NOA10430 

&nbsp

03/06/2026referred to correction

05/19/2026held for consideration in correction

Go to topA10430 Committee&nbspVotes:

Committee:CORRECTION Chair:Dilan 
DATE:05/19/2026AYE/NAY:8/4 Action: Held for Consideration DilanAyeDiPietroNay

ColtonAyeDeStefanoNay

BurdickAyeBeephanNay

KellesAyeGallahanNay

MeeksExcused

LevenbergAye

BurroughsAye

GallagherAye

PowersAye

Go to topA10430 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10430 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10430

 IN ASSEMBLY

 March 6, 2026
 ___________

 Introduced by M. of A. DiPIETRO, RA, DeSTEFANO, GALLAHAN, BEEPHAN --
 read once and referred to the Committee on Correction

 AN ACT to amend the correction law, in relation to reforming the use of
 segregated confinement and creating alternative therapeutic and reha-
 bilitative confinement options

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subparagraph (ii) of paragraph (i) and subparagraph (vi) of
 2 paragraph (j) of subdivision 6 of section 137 of the correction law,
 3 subparagraph (ii) of paragraph (i) as amended by section 3 of part NNN
 4 of chapter 59 of the laws of 2021, and subparagraph (vi) of paragraph
 5 (j) as added by chapter 93 of the laws of 2021, are amended to read as
 6 follows:
 7 (ii) For offenses determined pursuant to paragraph (l) of this subdi-
 8 vision to constitute [a violent felony] an act defined in subparagraph
 9 (ii) of paragraph (k) of this subdivision, if occurring more than one
 10 time within any sixty day period, up to an additional fifteen consec-
 11 utive days in segregated confinement may occur for each such additional
 12 incident. If such subsequent incident takes place in a residential reha-
 13 bilitation unit or general population, the person may be returned to
 14 segregated confinement for up to fifteen consecutive days. If such
 15 subsequent incident takes place in segregated confinement and causes
 16 physical injury to another person, the person may receive up to an addi-
 17 tional fifteen consecutive days in segregated confinement, provided
 18 however that the person must spend at least fifteen days in a residen-
 19 tial rehabilitation unit in between each placement of up to fifteen
 20 consecutive days in segregated confinement. Custody under this subpara-
 21 graph shall otherwise be in accordance with this chapter.
 22 (vi) If the department establishes that a person committed an act
 23 defined in subparagraph (ii) of paragraph (k) of this subdivision while
 24 in segregated confinement or a residential rehabilitation unit and poses
 25 a significant and unreasonable risk to the safety and security of other
 26 incarcerated persons or staff, the department may restrict such person's
 27 participation in programming and out-of-cell activities as necessary for

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14770-03-6

 A. 10430 2

 1 the safety of other incarcerated persons and staff. If such restrictions
 2 are imposed, the department must provide at least four hours out-of-cell
 3 time daily, including [at least two hours of] therapeutic programming
 4 [and two hours of recreation, and must make reasonable efforts to rein-
 5 state access to programming as soon as possible] or recreation, that is
 6 tailored to the individual's misconduct while making reasonable efforts
 7 to prevent disruption to other incarcerated individual's access to
 8 programming or recreation. In no case may such restrictions extend
 9 beyond fifteen days unless the person commits a new act defined herein
 10 justifying restrictions on program access, or if the commissioner and,
 11 when appropriate, the co