Requires a mental health medical professional to examine incarcerated individuals in solitary confinement when such incarcerated individual is in such confinement for a period in excess of twenty-four hours.
Summary
S05904 amends New York’s correction law to change the medical review required for incarcerated individuals held in solitary confinement for more than 24 hours. Under current law, a facility health services director, or a registered nurse or physician assistant approved by that director, must visit the person at the 24-hour mark and at least every 24 hours afterward to examine the individual’s health. This bill would require that the visit include a medical professional with expertise in mental health, reflecting a specific focus on psychological assessment in addition to general health monitoring.
The bill does not eliminate the existing requirement for health review; rather, it adds a mental health professional to the examination process for extended solitary confinement. It would apply to correctional facilities statewide and would affect prison administrators, facility health staff, and incarcerated people placed in restrictive housing. The measure takes effect immediately if enacted.
Impact
The bill would amend section 137 of the correction law governing conditions of solitary confinement by expanding the required medical oversight for incarcerated individuals confined longer than 24 hours. It would require the superintendent to arrange for a mental health-qualified medical professional to examine the person at 24 hours and every 24 hours thereafter, alongside the existing facility health services review. This would likely increase compliance obligations for correctional facilities and strengthen the statutory role of mental health evaluation in restrictive housing decisions and monitoring.
Sentiment
The available record shows no committee transcript and no recorded votes, so there is no direct evidence of debate or formal support/opposition in the materials provided. Based on the bill text and caption, the measure appears to be framed as a correctional health and safety reform focused on the risks of isolation, particularly mental health harms associated with solitary confinement. The overall tone of the proposal is protective and preventive rather than punitive.
Contention
No specific points of contention are documented in the provided materials, but the likely area of disagreement would be the operational and policy implications of requiring a mental health professional for every extended solitary confinement review. Potential concerns could include staffing availability, cost, and whether the added requirement changes how correctional facilities use solitary confinement. Supporters would likely emphasize improved mental health screening and oversight for a vulnerable incarcerated population.
Relates to the transfer of incarcerated individuals from a county jail to a state correctional institution when such county jail becomes unsafe for the confinement of incarcerated individuals due to extraordinary circumstances.
Relates to the transfer of incarcerated individuals from a county jail to a state correctional institution when such county jail becomes unsafe for the confinement of incarcerated individuals due to extraordinary circumstances.
Relates to required notification of an incarcerated individual's emergency contacts when such incarcerated individual experiences a serious medical event; provides that incarcerated individuals and their representatives shall have the right to access such incarcerated individual's medical records; provides requirements for access to such medical records; requires the department of corrections and community supervision to collect data on medical incidents and response times, and to publish an annual report detailing such data.
Requires mental health services for incarcerated individuals with mental health issues related to the trauma of incarceration upon reentry and reintegration into society upon release.
Enacts "India's law" under which an incarcerated individual's next of kin shall be notified and allowed visitation by a local correctional facility when such individual is experiencing a serious medical event or demonstrating behavior that is likely to result in serious harm to themselves or others; and within twenty-four hours from such conditions, the acting medical director shall apply for the incarcerated individual's transfer to a medical facility.
Prohibits participation in torture of incarcerated individuals by health professionals; prohibits a health care professional from engaging, assisting or planning the torture of an incarcerated individual; requires health care professionals to report torture.
Prohibits participation in torture of incarcerated individuals by health professionals; prohibits a health care professional from engaging, assisting or planning the torture of an incarcerated individual; requires health care professionals to report torture.
Relates to required notification of an incarcerated individual's emergency contacts when such incarcerated individual experiences a serious medical event; provides that incarcerated individuals and their representatives shall have the right to access such incarcerated individual's medical records; provides requirements for access to such medical records; establishes an independent medical oversight body to monitor and evaluate the quality of medical care provided to incarcerated individuals within correctional facilities and to ensure compliance with constitutional and statutory requirements for adequate medical care; provides penalties for certain violations; requires the department of corrections and community supervision to collect data on medical incidents, response times, and correctional facility compliance with certain requirements, and to publish an annual report detailing such data.