S 3885: Prohibits segregated confinement of children in a detention facility; defines segregated confinement.

  
  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.