Directs the commission of corrections and community supervision to establish an annual heat mitigation plan; directs the extreme heat action plan work group of the department of environmental conservation to analyze the impact of extreme heat on incarcerated individuals and people working in prisons.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9169 revised 5/6/2024
SPONSOR: Burdick TITLE OF BILL:
An act to amend the correction law, in relation to establishing an annu-
al heat mitigation plan; and directing the extreme heat action plan work
group of the department of environmental conservation to analyze the
impact of extreme heat on incarcerated individuals and people working in
prisons
PURPOSE OR GENERAL IDEA OF BILL:
Establishes an annual heat mitigation plan; and directing the extreme
heat action plan work group to analyze the impact of extreme heat on
incarcerated individuals and people working in prisons
SUMMARY OF PROVISIONS:
Section 1 amends section 112 of the correction law by adding a new
subdivision 6 to require the commissioner to promulgate rules and regu-
lations to establish and maintain an annual heat mitigation plan to
ensure the safety and wellbeing of incarcerated individuals and correc-
tional staff. Such plan shall include but not be limited to, access to
industrial fans, water, ice, and additional access to showers. Such a
plan shall also maintain a list of vulnerable individuals and facility
staff, monitor temperatures, increase wellness checks, and provide
adequate shade on exercise yards.
The commissioner, as part of the heat mitigation plan, shall develop a
timeline to establish, cooling stations and provide evaporative fans to
each facility.
Section 2 allows the extreme heat action plan work group of the depart-
ment of environmental conservation shall analyze the impact of extreme
heat on incarcerated individuals and facility staff and articulate their
specific needs in such a work group's long term heat adaptation plan.
Section 3 states the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This is a new bill.
JUSTIFICATION:
The correctional system's responsibility extends beyond public safety to
prioritize the well-being of both incarcerated individuals and staff.
Escalating temperatures due to climate change present unprecedented
challenges for correctional facilities. It is imperative that a Heat
Mitigation Plan is established, ensuring that our corrections system is
safeguarding the health of those confined and their caretakers.
Establishing a Heat Mitigation Plan for correctional facilities is a
necessary step to fulfill legal, and ethical responsibilities. By insti-
tuting a plan we uphold human rights, maintain a just correctional
system, and foster an environment supporting rehabilitation and public
safety.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
9169
IN ASSEMBLY
February 12, 2024
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to establishing an annu-
al heat mitigation plan; and directing the extreme heat action plan
work group of the department of environmental conservation to analyze
the impact of extreme heat on incarcerated individuals and people
working in prisons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 112 of the correction law is amended by adding a
2 new subdivision 6 to read as follows:
3 6. (a) The commissioner shall promulgate rules and regulations to
4 establish and maintain an annual heat mitigation plan to ensure incar-
5 cerated individuals and correctional facility staff have options avail-
6 able to stay cool, hydrated and safe during high heat temperatures. Such
7 plan shall include, but not be limited to:
8 (i) access to industrial fans, water, ice, and additional access to
9 showers;
10 (ii) commissaries fully stocked with personal fans prior to the begin-
11 ning of summer;
12 (iii) monitoring temperatures in housing, program and industry areas;
13 (iv) maintaining a list of incarcerated individuals and correctional
14 facility staff with medical conditions that make them more susceptible
15 to heat and monitor their well-being;
16 (v) increased rounds and wellness checks; and
17 (vi) providing shade on exercise yards.
18 (b) The commissioner, as part of such heat mitigation plan, shall
19 develop a timeline to establish cooling stations and provide evaporative
20 fans to each facility.
21 § 2. The extreme heat action plan work group of the department of
22 environmental conservation shall analyze the impact of extreme heat on
23 incarcerated individuals and people working in prisons and articulate
24 their specific needs in such work group's long-term heat adaptation
25 plan.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13122-02-3
A. 9169 2
1 § 3. This act shall take effect on the ninetieth day after it shall
2 have become a law. Effective immediately, the addition, amendment and/or
3 repeal of any rule or regulation necessary for the implementation of
4 this act on its effective date are authorized to be made and completed
5 on or before such effective date.
