New York State Assembly

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

A09169 Summary:

A09169 Actions:

A09169 Committee Votes:

Committee:CORRECTION   Chair:Dilan      
DATE:04/16/2024AYE/NAY:9/4  Action: Favorable         
Dilan
Aye
Giglio
Nay
Colton
Aye
Palmesano
Nay
Burgos
Aye
DiPietro
Nay
Burdick
Aye
DeStefano
Nay
Kelles
Aye
Epstein
Aye
Gibbs
Aye
Meeks
Aye
Levenberg
Aye

A09169 Floor Votes:

A09169 Memo:

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



 
BILL NUMBER: A9169A
 
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.

A09169 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9169--A
                                                                Cal. No. 434
 
                   IN ASSEMBLY
 
                                    February 12, 2024
                                       ___________
 
        Introduced by M. of A. BURDICK, RAGA, BICHOTTE HERMELYN -- read once and
          referred  to  the  Committee on Correction -- reported from committee,
          advanced to a third reading, amended and ordered reprinted,  retaining
          its place on the order of third reading
 
        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, to the extent possible:
     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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13122-03-4
        A. 9169--A                          2
 
     1  their specific needs in such  work  group's  long-term  heat  adaptation
     2  plan.
     3    §  3.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law. Effective immediately, the addition, amendment and/or
     5  repeal of any rule or regulation necessary  for  the  implementation  of
     6  this  act  on its effective date are authorized to be made and completed
     7  on or before such effective date.

A09169 LFIN:

 
NO LFIN

A09169 Chamber Video/Transcript: