Int. No. 23
By Council Members Holden, Ariola, Borelli and Vernikov
A Local Law to amend the administrative code of the city of New York, in relation to permitting the use of segregated housing as a disciplinary sanction for certain incarcerated individuals in city jails
Be it enacted by the Council as follows:
Section 1. Title 9 of the administrative code of the city of New York is amended by adding a new section 9-163 as follows:
§9-163 Segregated housing. a. Definitions. As used in this section, the following terms have the following meanings:
Segregated housing unit. The term “segregated housing unit” means any city jail housing units in which incarcerated individuals are regularly restricted to their cells more than the maximum number of hours as set forth in subdivision (b) of section 1-05 of chapter 1 of title 40 of the rules of the city of New York, or any successor rule establishing such maximum number of hours for the general population of incarcerated individuals in city jails. Segregated housing units include, but are not limited to, punitive segregation housing and enhanced supervision housing and do not include mental health units.
Therapeutic counseling. The term “therapeutic counseling” means any program or service, which treats the behavioral or mental health needs of an incarcerated individual.
Violent act. The term “violent act” mean any conduct capable of causing serious physical injury, as defined in section 10.00 of the penal law.
b. The use of segregated housing shall be permitted as a disciplinary sanction for any incarcerated individual 18 to 21 years of age who commits a violent act while in the custody of the department and has previously received therapeutic counseling for a prior violent act committed while in such custody.
§ 2. This local law takes effect 180 days after it becomes law.
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Session 11
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