A10386 Summary:

BILL NOA10386A
 
SAME ASSAME AS S08244-A
 
SPONSORWeprin
 
COSPNSRHyndman, Seawright, Lifton, Glick, Ortiz, Hunter, Frontus, Gottfried, Carroll, DenDekker, Blake, Simon
 
MLTSPNSR
 
Add 807, Cor L
 
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.
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A10386 Floor Votes:

There are no votes for this bill in this legislative session.
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A10386 Memo:

NEW 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.
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A10386 Text:



 
                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
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