Relates to residential rehabilitation units in correctional facilities

2025 Regular Session Introduced by Marianne Buttenschon and 2 co-sponsors

Prohibits two-person cells in residential rehab units unless both inmates consent, requiring immediate single-cells for non-consent and enabling rules to implement the policy.

REFERRED TO CORRECTION

Summary of Bill A 11071 (2025-2026) – New York

Purpose and intent

The bill amends the correction law to regulate the use of two-person cells in residential rehabilitation units (RRUs) within correctional facilities.

Its core aim is to prohibit the routine use of two-person cells in RRUs unless both incarcerated individuals explicitly consent to sharing a unit.

Key provisions and changes

New section added: § 608 to the correction law.

Definitions:
“Two-person cells” are cells used to house two incarcerated individuals at the same time within RRUs.

Prohibition and consent requirements:

The Department of Corrections and Community Supervision (or relevant agency) shall be prohibited from using two-person cells in any residential rehabilitation unit unless there is express agreement from the incarcerated individual who would be sharing the unit.
If an incarcerated person in an RRU is in a two-person cell at the time this section takes effect and does not provide express consent to share the cell, that individual must be immediately relocated to a single-cell housing arrangement within the RRU.

Implementation and rules:

The department is authorized to promulgate or repeal rules and regulations as necessary to implement these provisions.

Effective date:

The act takes effect 90 days after it becomes law.

Who/what is affected

Incarcerated individuals housed in residential rehabilitation units within New York correctional facilities.

Correctional facilities and the Department of Corrections and Community Supervision (or equivalent department responsible for RRUs).

Potentially impacts housing management practices, unit assignment processes, and consent procedures within RRUs.

Procedural and timeline aspects

Enactment process:

Introduced in the Assembly on April 24, 2026.
Referred to the Committee on Correction.

Effective date:

90 days after the bill becomes law.

Regulatory flexibility:

Allows the department to adopt or repeal implementing rules to operationalize the consent-based two-person cell prohibition.

Practical implications and potential impacts

Human rights and housing dignity: Ensures two-person occupancy in RRUs is based on explicit inmate consent, reinforcing individual choice in housing arrangements.

Operational impact: May require increased single-cell availability or reconfiguration of RRUs to accommodate consent-based shared housing.

Transitional considerations: Inmates currently in two-person cells who do not consent to sharing must be moved to single cells, which could affect housing logistics and capacity planning.

Oversight: The provision grants the department authority to adjust regulations to implement the policy, potentially leading to further administrative rules.

If you’d like, I can provide a short comparative note contrasting this approach with current NY policy on RRUs and multi-occupancy housing.