New York S 9487: Relates to certain conduct that may place a person in segregated confinement

Bill Text

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S09487 Summary:

BILL NOS09487 

&nbsp

SAME ASSAME AS A10430

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SPONSORGALLIVAN

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COSPNSRBORRELLO, GRIFFO, HELMING, MATTERA, MURRAY, ORTT, PALUMBO, ROLISON, WEIK

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MLTSPNSR

&nbsp

Amd §§137 & 803, Cor L

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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 S09487 Actions:

BILL NOS09487 

&nbsp

03/17/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Go to topS09487 Committee&nbspVotes:

Go to topS09487 Floor&nbspVotes:

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

Go to topS09487 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9487

 IN SENATE

 March 17, 2026
 ___________

 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 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

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

 S. 9487 2

 1 participation in programming and out-of-cell activities as necessary for
 2 the safety of other incarcerated persons and staff. If such restrictions
 3 are imposed, the department must provide at least four hours out-of-cell
 4 time daily, including [at least two hours of] therapeutic programming
 5 [and two hours of recreation, and must make reasonable efforts to rein-
 6 state access to programming as soon as possible] or recreation, that is
 7 tailored to the individual's misconduct while making reasonable efforts
 8 to prevent disruption to other incarcerated individual's access to
 9 programming or recreation. In no case may such restrictions extend
 10 beyond fifteen days unless the person commits a new act defined herein
 11 justifying restrictions on program access, or if the commissioner and,
 12 when appropriate, the commissioner of mental health personally reason-
 13 ably determine that the person poses an extraordinary and unacceptable
 14 risk of imminent harm to the safety or security of incarcerated persons
 15 or staff. Any extension of program restrictions beyond fifteen days