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January 17, 2008

NY: Bill limits solitary confinement. Spitzer expected to approve measure passed by Legislature removing mentally ill inmates from isolation

Bill limits solitary confinement
Spitzer expected to approve measure passed by Legislature removing mentally ill inmates from isolation

By RICK KARLIN, Capitol bureau
First published: Wednesday, January 16, 2008

ALBANY -- Lawmakers passed a long-debated measure Tuesday to remove mentally ill prison inmates from solitary confinement and at least one of the prime sponsors says he's confident Gov. Eliot Spitzer will sign it after negotiators resolved some lingering issues.

The measure passed on Tuesday would require that most inmates with serious mental illnesses be placed in treatment units rather than kept in Special Housing Units, or SHUs. Additionally, the Department of Correctional Services would have to conduct periodic mental health assessments of any inmates who are assigned to SHUs.


The bill's sponsors estimate 12 percent of the state's prison population, about 8,000 inmates, have serious mental illness.

The Senate passed a similar bill last year, but the legislation died in the Assembly after Spitzer expressed concerns about the measure as it was written and time ran out on negotiations.

This year's bill, however, is the result of negotiations that address the governor's concerns, said Assemblyman Jeffrion Aubry, D-Queens, who has pushed for the measure along with Sen. Michael Nozzolio, R-Seneca Falls.

The compromises include a clause that allows use of a SHU if an inmate presents an "overarching security concern," Aubry said.

Spitzer spokeswoman Christine Anderson declined comment on the governor's plans, but Aubry said he was confident Spitzer will sign the measure.

Many elements of the bill would not take effect until two years after the state builds residential mental health units, but no later than July 1, 2011.

This year's budget includes more than $50 million for construction and $4 million for staffing in the Office of Mental Health and Department of Correctional Services. By 2010-11, $29 million will be added to the budget to implement the program, Spitzer spokesman Matt Anderson said.

Prison reform and mental health advocates say SHUs are cruel and have led to suicides. Some prison officials and correction officers have expressed concern about safety and the extra training they should have in order to deal with some mentally ill inmates. The issue has been before the Legislature for at least five years.

"Placing prisoners in solitary confinement has been an inhumane form of punishment for those already suffering with severe psychiatric disabilities," said Leah Gitter of Mental Health Alternatives to Solitary Confinement.

Gannett News Service contributed to this report.
http://timesunion.com/AspStories/storyprint.asp?StoryID=655570

Posted by lois at January 17, 2008 09:58 AM

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