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A10386 Summary:
BILL NO | A10386A |
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SAME AS | SAME AS S08244-A |
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SPONSOR | Weprin |
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COSPNSR | Hyndman, Seawright, Lifton, Glick, Ortiz, Hunter, Frontus, Gottfried, Carroll, DenDekker, Blake, Simon |
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MLTSPNSR | |
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Add 807, Cor L | |
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Relates to establishing emergency release protocols during a time of crisis including during a state disaster emergency which places the lives, health or well-being of people in custody at risk. |
A10386 Floor Votes:
There are no votes for this bill in this legislative session.
Go to topA10386 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A10386a SPONSOR: Weprin
  TITLE OF BILL: An act to amend the correction law, in relation to establishing emergen- cy release protocols during a time of crisis   PURPOSE OR GENERAL IDEA OF BILL: To authorize the Commissioner of the Department of Corrections and Community Supervision to release persons within a limited category of individuals during an epidemic, climate disaster, war or emergency of that type, which places the lives, health or well-being of people in custody at risk   SUMMARY OF SPECIFIC PROVISIONS: The bill adds a new section 807 to the Correction Law, providing discretion for the Commissioner of DOCCS to release to supervision by DOCCS a limited number of persons in emergency circumstances. Any indi- vidual released under these circumstances would be under supervision by the Department of Correctional Services and Community Supervision, and could be returned to prison for violating the conditions of release, pursuant to Executive Law section 259-i (3).   JUSTIFICATION: COVID-19 hits the hardest in dense population areas or clusters where people gather in close proximity. During this deadly health crisis, we have all been told to keep at least six feet away from other people, wash our hands, clean door knobs (and other hard surfaces people touch) with anti-viral cleaning agents, work from home, and avoid all non-es- sential human contact. None of this is possible in prison, where nearly all movement is group movement and where people live in open dorms with as many as 60 beds or in cramped cells with poor ventilation. Hundreds of correctional staff and incarcerated individuals have contracted the COVID-19 virus and, to date, sixteen people have died. The prison popu- lation is, on average, older and sicker than the general population so, sadly, we can expect more deaths. This bill, which would apply in disaster emergency situations in which lives may be in danger, gives authority to the Commissioner of DOCCS to order parole release for people who are within two years of their earli- est release date, have a reasonably stable living situation upon release, and who do not pose an unreasonable public safety risk. Lower- ing the density of the prisons would allow officers and incarcerated individuals to better deal with the disease, have more personal space, and be able to maintain order and hygiene. The bill also would authorize the parole release of pregnant women and women participating in the nursery program at a correctional facility, again where the individual does not pose an unreasonable public safety risk and has a reasonably stable living situation upon release. It further gives the Commissioner the discretion to release to parole supervision persons over age fifty-five who have completed at least one half of the term or minimum term of sentence, who have a reasonably stable living situation upon release, and who do not pose an unreason- able public safety risk. This bill would efficiently allow review and decision-making in these emergency circumstances. It would rest the decision to release certain persons to DOCCS supervision with the Department of Corrections and Community Supervision, the agency best suited to evaluate suitability for release supervision by DOCCS. If an individual were to violate the conditions of his or her parole release, he or she could be jailed promptly and returned to state prison. This bill would save lives and help protect the health of inmates, corrections staff and their families in emergency circumstances. It would provide to the Commissioner a necessary tool to safely manage the correctional system in a time of crisis.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: The bill will reduce costs, as supervision by the Department is less costly than maintaining an individual in a correctional institution.   EFFECTIVE DATE: Immediately.
A10386 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 10386--A IN ASSEMBLY May 4, 2020 ___________ Introduced by M. of A. WEPRIN, HYNDMAN, EPSTEIN, SEAWRIGHT, LIFTON, GLICK -- read once and referred to the Committee on Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, in relation to establishing emergen- cy release protocols during a time of crisis The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The correction law is amended by adding a new section 807 2 to read as follows: 3 § 807. Emergency release during a time of crisis. 1. During a state 4 disaster emergency, as defined in article two-B of the executive law, 5 which places the lives, health or well-being of people in custody at 6 risk, the commissioner shall have the authority to release to community 7 supervision any person in custody who: 8 (a) is within two years of their earliest release date, has a reason- 9 ably stable living situation upon release, does not pose an unreasonable 10 public safety risk and appears to be rehabilitated, is immunocompromised 11 or has a disability as defined in paragraph (a) of subdivision twenty- 12 one of section two hundred ninety-two of the executive law; 13 (b) is a pregnant woman or a woman participating in the nursery 14 program at a correctional facility who does not pose an unreasonable 15 public safety risk and has a reasonably stable living situation upon 16 release; or 17 (c) is a person over the age of fifty-five that has completed at least 18 one half of their term or minimum term of sentence who has a reasonably 19 stable living situation upon release and does not pose an unreasonable 20 public safety risk. 21 2. Any individual released under these emergency circumstances shall 22 remain under community supervision, unless such supervision is revoked 23 pursuant to subdivision three of section two hundred fifty-nine-i of the 24 executive law, for the remainder of their sentence or until such time 25 that the commissioner decides it is appropriate to terminate such super- 26 vision pursuant to the limitations set forth in section two hundred five 27 of this chapter. 28 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16168-05-0