S 431: Defines the terms "cell" and "out-of-cell" to clarify meaning of cell confinement and the amount or type of space deemed a cell or out-of-cell.

  
  STATE OF NEW YORK ________________________________________________________________________ 431 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. SALAZAR -- 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 the definitions of cell and out-of-cell The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2 of the correction law is amended by adding three 2 new subdivisions 35, 36 and 37 to read as follows: 3 35. "Cell" means any room, area or space that is used or is intended 4 to be used by an incarcerated individual for sleep; or any room, area, 5 or space that is not a shared space conducive to meaningful congregate 6 social interaction among many people in a group setting appropriate for 7 the number of people in the space without physical barriers between 8 people where a person or persons are held for any purpose; or any room, 9 area, or space in that is not out-of-cell. 10 36. "Cell confinement" means being in a cell. 11 37. "Out-of-cell" means being in a space outside of and in an area 12 away from a cell, in a group setting (including a group classroom, open 13 group recreation yard, group library or law library, group contact 14 visits room, or other equivalent space), with many other people all in 15 the same shared space without physical barriers between people that is 16 conducive to meaningful congregate social interaction and activity among 17 the number of people in the space, for purposes including congregate 18 programming, congregate recreation, congregate contact visits, congre- 19 gate library services, congregate law library services, congregate jobs, 20 congregate meals, or equivalent congregate activities; or being in a 21 space outside of and in an area away from a cell during the time of 22 medical treatment, individual counseling, an attorney visit, or equiv- 23 alent service, in a setting conducive to the provision of such service 24 with a person in custody in the same shared space with their service 25 provider without physical barriers between them. 26 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01641-01-5