New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A01676 Summary:

A01676 Actions:

A01676 Committee Votes:

Committee:CORRECTION   Chair:Dilan      
DATE:01/22/2025AYE/NAY:10/3  Action: Favorable refer to committee Rules        
Dilan
Aye
DiPietro
Nay
Colton
Aye
Palmesano
Aye
Burdick
Aye
DeStefano
Aye
Kelles
Aye
Beephan
Nay
Epstein
Aye
Gibbs
Nay
Meeks
Aye
Levenberg
Aye
Burroughs
Aye

Committee:RULES   Chair:Glick      
DATE:01/22/2025AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Pretlow
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Smith
Aye
Peoples-Stokes
Aye
Jensen
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Braunstein
Aye
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Aye
Hevesi
Aye
Hunter
Aye
Taylor
Aye
Cruz
Aye
Vanel
Aye

A01676 Floor Votes:

A01676 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A1676
 
SPONSOR: Burdick

 
TITLE OF BILL:
 
An act to amend the correction law, in relation to the commissioner of
corrections and community supervision's heat mitigation plan for correc-
tional facilities
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of the bill is to make clarifying amendments to Chapter 561
of the Laws of 2024, relating to requiring the commissioner of
Corrections and Community Supervision to develop a heat mitigation plan.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 would amend Section 112 of the Correction Law to clarify that
shade in exercise yards must be consistent with the facility's safety
and security protocols. Additionally, the bill would require the commis-
sioner to evaluate the financial and operational feasibility of cooling
stations and to develop a timeline to implement the findings of such an
evaluation.
 
Section 2 would provide for the effective date.
 
 
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.
 
Chapter 561 of the Laws of 2024 directed the commission of corrections
and community supervision to establish an annual heat mitigation plan
and an extreme heat action plan work group of the department of environ-
mental conservation to analyze the impact of extreme heat on incarcerat-
ed individuals and people employed prisons. This chapter amendment would
clarify that shade in exercise yards must be consistent with the facili-
ty's safety and security protocols. This amendment would require the
commissioner to evaluate the financial and operational feasibility of
permanent sustainable cooling stations and to develop a timeline to
implement the findings of such an evaluation.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New Bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2024 amending the correction law relating to
establishing an annual heat mitigation plan; and directing the extreme
heat action plan work group of the department of environmental conserva-
tion to analyze the impact of extreme heat on incarcerated individuals
and people working in prisons, as proposed in legislative bills numbers
S. 7781-A and A. 9169-A, takes effect.

A01676 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1676
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2025
                                       ___________
 
        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 the  commissioner  of
          corrections  and  community  supervision's  heat  mitigation  plan for
          correctional facilities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  6  of  section 112 of the correction law, as
     2  added by a chapter of the laws  of  2024  amending  the  correction  law
     3  relating  to  establishing an annual heat mitigation plan; and directing
     4  the extreme heat action plan work group of the  department  of  environ-
     5  mental conservation to analyze the impact of extreme heat on incarcerat-
     6  ed individuals and people working in prisons, as proposed in legislative
     7  bills numbers S. 7781-A and A. 9169-A, is amended to read as follows:
     8    6.  (a)  The  commissioner  shall  promulgate rules and regulations to
     9  establish and maintain an annual heat mitigation plan to  ensure  incar-
    10  cerated  individuals and correctional facility staff have options avail-
    11  able to stay cool, hydrated and safe during high heat temperatures. Such
    12  plan shall include, to the extent possible:
    13    (i) access to industrial fans, water, ice, and  additional  access  to
    14  showers;
    15    (ii) commissaries fully stocked with personal fans prior to the begin-
    16  ning of summer;
    17    (iii) monitoring temperatures in housing, program and industry areas;
    18    (iv)  maintaining  a list of incarcerated individuals and correctional
    19  facility staff [with] who have medical conditions that  make  them  more
    20  susceptible to heat and monitor their well-being;
    21    (v) increased rounds and wellness checks; and
    22    (vi)  providing shade on exercise yards if consistent with the facili-
    23  ty's safety and security protocols.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02905-01-5
        A. 1676                             2
 
     1    (b) The commissioner, as part of  such  heat  mitigation  plan,  shall
     2  [develop a timeline to establish] evaluate the financial and operational
     3  feasibility  of  establishing  cooling stations [and provide evaporative
     4  fans to] and a permanent sustainable cooling solution at each  facility,
     5  provided that upon a determination or finding that a permanent sustaina-
     6  ble  cooling  solution  is  feasible  in each facility, the commissioner
     7  shall develop a timeline to implement the findings of such evaluation.
     8    § 2. This act shall take effect on the  same  date  and  in  the  same
     9  manner  as  a  chapter  of  the laws of 2024 amending the correction law
    10  relating to establishing an annual heat mitigation plan;  and  directing
    11  the  extreme  heat  action plan work group of the department of environ-
    12  mental conservation to analyze the impact of extreme heat on incarcerat-
    13  ed individuals and people working in prisons, as proposed in legislative
    14  bills numbers S. 7781-A and A. 9169-A, takes effect.

A01676 LFIN:

 
NO LFIN

A01676 Chamber Video/Transcript: