New York S 3885: Prohibits segregated confinement of children in a detention facility

Bill Text

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S03885 Summary:

BILL NOS03885 

&nbsp

SAME ASSAME AS A07414

&nbsp

SPONSORSALAZAR

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §304.1, Fam Ct Act; amd §503, Exec L

&nbsp

Prohibits segregated confinement of children in a detention facility; defines segregated confinement.

Go to top S03885 Actions:

BILL NOS03885 

&nbsp

01/30/2025REFERRED TO CHILDREN AND FAMILIES

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS03885 Committee&nbspVotes:

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

Go to topS03885 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3885

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. SALAZAR -- read twice and ordered printed, and when
 printed to be committed to the Committee on Children and Families

 AN ACT to amend the family court act and the executive law, in relation
 to prohibiting segregated confinement of children in a detention
 facility

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

 1 Section 1. This act shall be known and may be cited as the "keep kids
 2 out of solitary confinement act".
 3 § 2. Section 304.1 of the family court act is amended by adding a new
 4 subdivision 5 to read as follows:
 5 5. A detention facility which receives a child under this article
 6 shall not place any such child in segregated confinement for any length
 7 of time. For the purposes of this subdivision, the term "segregated
 8 confinement" shall mean the confinement of a child in any form of cell
 9 confinement for more than seventeen hours a day other than in a facili-
 10 ty-wide emergency or for the purpose of providing medical or mental
 11 health treatment. "Segregated confinement" shall not include room
 12 confinement authorized pursuant to regulations of the office of children
 13 and family services in cases where a child constitutes a serious and
 14 evident danger to themself or others.
 15 § 3. Section 503 of the executive law is amended by adding a new
 16 subdivision 10 to read as follows:
 17 10. A detention facility certified under this article shall not place
 18 any child detained pursuant to the family court act or the criminal
 19 procedure law in segregated confinement for any length of time. For the
 20 purposes of this subdivision, the term "segregated confinement" shall
 21 mean the confinement of a child in any form of cell confinement for more
 22 than seventeen hours a day other than in a facility-wide emergency or
 23 for the purpose of providing medical or mental health treatment. "Segre-
 24 gated confinement" shall not include room confinement authorized pursu-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07969-01-5

 S. 3885 2

 1 ant to regulations of the office of children and family services in
 2 cases where a child constitutes a serious and evident danger to themself
 3 or others.
 4 § 4. This act shall take effect immediately.

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