convicted of no other  felony  offense,  who  has  not  previously  been
convicted of either a violent felony offense as defined in section 70.02
of  this  article, a class A felony offense or a class B felony offense,
and is not under the jurisdiction of or awaiting delivery to the depart-
ment of [correctional services] CORRECTIONS AND  COMMUNITY  SUPERVISION,
the  court  may direct that such sentence be executed as a parole super-
vision sentence as defined in and pursuant to the procedures  prescribed
in section 410.91 of the criminal procedure law.
  S  124.  Section  70.20 of the penal law, as amended by chapter 303 of
the laws of 1981, subdivision 1 as separately amended by chapters 3  and
516 of the laws of 1995, paragraphs (b), (c), (d) and (e) of subdivision
1  as added by chapter 516 of the laws of 1995, subdivision 2-a as added
by chapter 1 of the laws of 1995, subdivision 3 as amended by chapter  3
of the laws of 1995, subdivision 4 as amended by chapter 479 of the laws
of 1992, paragraph (a) of subdivision 4 as separately amended by chapter
465  of  the laws of 1992 and paragraphs (d) and (e) of subdivision 4 as
relettered and subdivision 5 as designated by chapter 516 of the laws of
1995, is amended to read as follows:
S 70.20 Place of imprisonment.
  1. (a) Indeterminate or determinate sentence. Except  as  provided  in
subdivision  four  of this section, when an indeterminate or determinate
sentence of imprisonment is imposed, the court shall commit the  defend-
ant  to  the  custody of the state department of [correctional services]
CORRECTIONS AND COMMUNITY  SUPERVISION  for  the  term  of  his  or  her
sentence and until released in accordance with the law; provided, howev-
er,  that a defendant sentenced pursuant to subdivision seven of section
70.06 shall be committed to the  custody  of  the  state  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION for imme-
diate delivery to a reception center operated by the department.
  (b) The court in committing a defendant who is not yet eighteen  years
of  age  to  the  department  of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION shall inquire as to whether the parents  or  legal
guardian  of  the  defendant,  if  present,  will grant to the minor the
capacity to  consent  to  routine  medical,  dental  and  mental  health
services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits  a defendant who is not yet eighteen years of age to the custody
of the department of [correctional services] CORRECTIONS  AND  COMMUNITY
SUPERVISION  in  accordance with this section and no medical consent has
been obtained prior to said commitment, the commitment  order  shall  be
deemed  to  grant the capacity to consent to routine medical, dental and
mental health services and treatment to the person so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of  age  from  making  a
motion   on   notice   to  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION pursuant to article twenty-two  of
the  civil  practice  law and rules and section one hundred forty of the

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correction law, objecting to routine medical, dental  or  mental  health
              

services   and  treatment  being  provided  to  such  inmate  under  the
provisions of paragraph (b) of this subdivision.
  (e)  Nothing  in  this  section shall require that consent be obtained
from the parent or legal guardian, where  no  consent  is  necessary  or
where  the  defendant  is authorized by law to consent on his or her own
behalf to any medical, dental, and mental health service or treatment.
  2. Definite sentence. Except as provided in subdivision four  of  this
section,  when a definite sentence of imprisonment is imposed, the court
shall commit the defendant to the county or regional correctional insti-
tution for the term of his sentence and  until  released  in  accordance
with the law.
  2-a.  Sentence of life imprisonment without parole. When a sentence of
life imprisonment without parole is imposed, the court shall commit  the
defendant  to  the  custody  of  the  state  department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION for the remainder of the
life of the defendant.
  3. Undischarged imprisonment in other jurisdiction. When  a  defendant
who  is  subject  to  an undischarged term of imprisonment, imposed at a
previous time by a court of another jurisdiction,  is  sentenced  to  an
additional term or terms of imprisonment by a court of this state to run
concurrently  with  such  undischarged  term, as provided in subdivision
four of section 70.25, the return of the defendant to the custody of the
appropriate official of the other jurisdiction shall be deemed a commit-
ment for such portion of the term or terms of the  sentence  imposed  by
the  court of this state as shall not exceed the said undischarged term.
The defendant shall be committed to the custody of the state  department
of  [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION if the
additional term or terms are indeterminate  or  determinate  or  to  the
appropriate county or regional correctional institution if the said term
or  terms  are  definite  for  such  portion of the term or terms of the
sentence imposed  as  shall  exceed  such  undischarged  term  or  until
released  in  accordance  with  law.  If  such  additional term or terms
imposed shall run consecutively  to  the  said  undischarged  term,  the
defendant  shall be committed as provided in subdivisions one and two of
this section.
  4. (a) Notwithstanding any other provision of law to the  contrary,  a
juvenile  offender, or a juvenile offender who is adjudicated a youthful
offender and given an indeterminate or a  definite  sentence,  shall  be
committed   to  the  custody  of  the  [director  of  the  division  for
youth]COMMISSIONER OF THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  who
shall  arrange for the confinement of such offender in secure facilities
of the [division] OFFICE.   The release or transfer  of  such  offenders
from  the  [division  for  youth] OFFICE OF CHILDREN AND FAMILY SERVICES
shall be governed by section five hundred eight of the executive law.
  (b) The court in committing a juvenile offender and youthful  offender
to the custody of the [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES  shall  inquire  as to whether the parents or legal guardian of
the youth, if present, will consent for the [division] OFFICE  OF  CHIL-
DREN  AND  FAMILY SERVICES to provide routine medical, dental and mental
health services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits an offender to the custody of the [division for youth] OFFICE OF
CHILDREN AND FAMILY SERVICES in accordance  with  this  section  and  no
medical  consent has been obtained prior to said commitment, the commit-
ment order shall be deemed to grant consent for the [division for youth]

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OFFICE OF CHILDREN AND FAMILY SERVICES to provide for  routine  medical,
dental  and  mental  health  services  and  treatment to the offender so
committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian  of  an offender who is not yet eighteen years of age from making a
motion on notice to the [division for  youth]  OFFICE  OF  CHILDREN  AND
FAMILY SERVICES pursuant to article twenty-two of the civil practice law
and rules objecting to routine medical, dental or mental health services
and  treatment  being  provided to such offender under the provisions of
paragraph (b) of this subdivision.
  (e) Nothing in this section shall require  that  consent  be  obtained
from  the  parent  or  legal  guardian, where no consent is necessary or
where the offender is authorized by law to consent on  his  or  her  own
behalf to any medical, dental and mental health service or treatment.
  5.  Subject  to  regulations  of  the  department  of  health, routine
medical, dental and mental health services and treatment is defined  for
the purposes of this section to mean any routine diagnosis or treatment,
including without limitation the administration of medications or nutri-
tion,  the  extraction  of  bodily  fluids for analysis, and dental care
performed with a local anesthetic. Routine mental health treatment shall
not include psychiatric administration of medication unless it  is  part
of an ongoing mental health plan or unless it is otherwise authorized by
law.
  S  125. Subdivisions 1 and 3 of section 70.20 of the penal law, subdi-
vision 1 as amended by chapter 516 of the laws of 1995 and subdivision 3
as amended by chapter 303 of the laws of 1981, are amended  to  read  as
follows:
  1.  (a) Indeterminate sentence. Except as provided in subdivision four
of this section, when  an  indeterminate  sentence  of  imprisonment  is
imposed,  the  court  shall  commit  the defendant to the custody of the
state department of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  for  the  term of his or her sentence and until released in
accordance with the law.
  (b) The court in committing a defendant who is not yet eighteen  years
of  age  to  the  department  of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION shall inquire as to whether the parents  or  legal
guardian  of  the  defendant,  if  present,  will grant to the minor the
capacity to  consent  to  routine  medical,  dental  and  mental  health
services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits  a defendant who is not yet eighteen years of age to the custody
of the department of [correctional services] CORRECTIONS  AND  COMMUNITY
SUPERVISION  in  accordance with this section and no medical consent has
been obtained prior to said commitment, the commitment  order  shall  be
deemed  to  grant the capacity to consent to routine medical, dental and
mental health services and treatment to the person so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of  age  from  making  a
motion   on   notice   to  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION pursuant to article twenty-two  of
the  civil  practice  law and rules and section one hundred forty of the
correction law, objecting to routine medical, dental  or  mental  health
services   and  treatment  being  provided  to  such  inmate  under  the
provisions of paragraph (b) of this subdivision.
  (e) Nothing in this section shall require  that  consent  be  obtained
from  the  parent  or  legal  guardian, where no consent is necessary or

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where the defendant is authorized by law to consent on his  or  her  own
behalf to any medical, dental, and mental health service or treatment.
  3.  Undischarged  imprisonment in other jurisdiction. When a defendant
who is subject to an undischarged term of  imprisonment,  imposed  at  a
previous  time  by  a  court of another jurisdiction, is sentenced to an
additional term or terms of imprisonment by a court of this state to run
concurrently with such undischarged term,  as  provided  in  subdivision
four of section 70.25, the return of the defendant to the custody of the
appropriate official of the other jurisdiction shall be deemed a commit-
ment  for  such  portion of the term or terms of the sentence imposed by
the court of this state as shall not exceed the said undischarged  term.
The  defendant shall be committed to the custody of the state department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION if  the
additional  term or terms are indeterminate or to the appropriate county
or regional correctional institution if the said term or terms are defi-
nite for such portion of the term or terms of the  sentence  imposed  as
shall exceed such undischarged term or until released in accordance with
law. If such additional term or terms imposed shall run consecutively to
the said undischarged term, the defendant shall be committed as provided
in subdivisions one and two of this section.
  S 126. The opening paragraph of subdivision 1 and subdivisions 6 and 7
of  section 70.30 of the penal law, the opening paragraph of subdivision
1 as amended by chapter 3 of the laws of 1995, subdivision 6 as  amended
by chapter 465 of the laws of 1974 and subdivision 7 as amended by chap-
ter 392 of the laws of 1988, are amended to read as follows:
  An  indeterminate  or  determinate  sentence of imprisonment commences
when the prisoner is received in an institution under  the  jurisdiction
of  the  state  department  of  [correctional  services] CORRECTIONS AND
COMMUNITY SUPERVISION. Where a person is under more than one  indetermi-
nate  or  determinate  sentence,  the  sentences  shall be calculated as
follows:
  6. Escape. When a person who is serving  a  sentence  of  imprisonment
escapes  from  custody, the escape shall interrupt the sentence and such
interruption shall continue until the return of the person to the insti-
tution in which the sentence was being served or, if  the  sentence  was
being  served  in  an  institution  under  the jurisdiction of the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION, to an institution under the jurisdiction of that department. Any
time spent by such person in custody from the date of escape to the date
the  sentence resumes shall be credited against the term or maximum term
of the interrupted sentence, provided:
  (a) That such custody was due to an arrest or surrender based upon the
escape; or
  (b) That such custody arose from an arrest  on  another  charge  which
culminated in a dismissal or an acquittal; or
  (c)  That  such  custody  arose from an arrest on another charge which
culminated in a conviction, but in such case, if a sentence of imprison-
ment was imposed, the credit allowed shall be limited to the portion  of
the  time spent in custody that exceeds the period, term or maximum term
of imprisonment imposed for such conviction.
  7. Absconding from temporary  release  or  furlough  program.  When  a
person  who  is serving a sentence of imprisonment is permitted to leave
an institution to participate in a program of work release  or  furlough
program as such term is defined in section six hundred thirty-one of the
correction  law, or in the case of an institution under the jurisdiction
of the state  department  of  [correctional  services]  CORRECTIONS  AND

S. 2812--A                         204                        A. 4012--A

COMMUNITY  SUPERVISION or a facility under the jurisdiction of the state
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES  to  partic-
ipate in a program of temporary release, fails to return to the institu-
tion or facility at or before the time prescribed for his OR HER return,
such  failure  shall  interrupt the sentence and such interruption shall
continue until the return of the person to the institution in which  the
sentence  was  being  served  or, if the sentence was being served in an
institution under the jurisdiction of the state department  of  [correc-
tional  services]  CORRECTIONS  AND  COMMUNITY SUPERVISION or a facility
under the jurisdiction of the state [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES to an institution  under  the  jurisdiction  of
that  department or a facility under the jurisdiction of that [division]
OFFICE.  Any time spent by such person in an institution from  the  date
of  his OR HER failure to return to the date his OR HER sentence resumes
shall be credited against the term or maximum term  of  the  interrupted
sentence, provided:
  (a)  That  such  incarceration was due to an arrest or surrender based
upon the failure to return; or
  (b) That such incarceration arose from an  arrest  on  another  charge
which culminated in a dismissal or an acquittal; or
  (c)  That  such  custody  arose from an arrest on another charge which
culminated in a conviction, but in such case, if a sentence of imprison-
ment was imposed, the credit allowed shall be limited to the portion  of
the  time spent in custody that exceeds the period, term or maximum term
of imprisonment imposed for such conviction.
  S 127. The opening paragraph of subdivision 1 of section 70.30 of  the
penal  law, as amended by chapter 481 of the laws of 1978, is amended to
read as follows:
  An indeterminate sentence of imprisonment commences when the  prisoner
is  received  in  an  institution  under  the  jurisdiction of the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION.  Where  a  person is under more than one indeterminate sentence,
the sentences shall be calculated as follows:
  S 127-a. Section 70.35 of the penal law, as amended by  chapter  3  of
the laws of 1995, is amended to read as follows:
S  70.35  Merger  of  certain  definite and indeterminate or determinate
            sentences.
  The service of an indeterminate or determinate sentence  of  imprison-
ment  shall  satisfy  any definite sentence of imprisonment imposed on a
person for an offense committed prior to the time the  indeterminate  or
determinate sentence was imposed, except as provided in paragraph (b) of
subdivision five of section 70.25 of this article. A person who is serv-
ing  a  definite  sentence  at  the time an indeterminate or determinate
sentence is imposed shall be delivered  to  the  custody  of  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION to commence service of the indeterminate or determinate  sentence
immediately unless the person is serving a definite sentence pursuant to
paragraph  (b)  of subdivision five of section 70.25 of this article. In
any case where the indeterminate or determinate sentence is  revoked  or
vacated,  the  person shall receive credit against the definite sentence
for each day spent in the custody of the state  department  of  [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S  127-b. Section 70.35 of the penal law, as amended by chapter 527 of
the laws of 1989, is amended to read as follows:
S 70.35 Merger of certain definite and indeterminate sentences.

S. 2812--A                         205                        A. 4012--A

  The service of an indeterminate sentence of imprisonment shall satisfy
any definite sentence of imprisonment imposed on a person for an offense
committed prior to the time  the  indeterminate  sentence  was  imposed,
except as provided in paragraph (b) of subdivision five of section 70.25
of this article. A person who is serving a definite sentence at the time
an  indeterminate  sentence is imposed shall be delivered to the custody
of the state  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION to commence service of the indeterminate sentence
immediately unless the person is serving a definite sentence pursuant to
paragraph (b) of subdivision five of section 70.25 of this  article.  In
any  case  where  the  indeterminate sentence is revoked or vacated, the
person shall receive credit against the definite sentence for  each  day
spent  in the custody of the state department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  S 127-c. Paragraph (a) of subdivision 1 of section 70.40 of the  penal
law,  as  amended  by chapter 3 of the laws of 1995, subparagraph (i) as
amended by chapter 435 of the laws of 1997, subparagraph (v) as  amended
by  section 7 of part J of chapter 56 of the laws of 2009, is amended to
read as follows:
  (a) Release on parole shall be in the discretion of the state board of
parole, and such person shall continue service of his OR HER sentence or
sentences while on  parole,  in  accordance  with  and  subject  to  the
provisions of the executive law AND THE CORRECTION LAW.
  (i)  A  person  who  is  serving  one  or  more than one indeterminate
sentence of imprisonment may be paroled from the institution in which he
OR SHE is confined at any time after the expiration of  the  minimum  or
the  aggregate  minimum  period  of  the sentence or sentences or, where
applicable, the minimum or aggregate minimum period reduced by the merit
time allowance granted pursuant to paragraph (d) of subdivision  one  of
section eight hundred three of the correction law.
  (ii) A person who is serving one or more than one determinate sentence
of imprisonment shall be ineligible for discretionary release on parole.
  (iii)  A  person  who  is  serving  one or more than one indeterminate
sentence of imprisonment and one or more than one  determinate  sentence
of imprisonment, which run concurrently may be paroled at any time after
the  expiration  of the minimum period of imprisonment of the indetermi-
nate sentence or sentences, or upon the expiration  of  six-sevenths  of
the  term  of  imprisonment  of  the  determinate sentence or sentences,
whichever is later.
  (iv) A person who is  serving  one  or  more  than  one  indeterminate
sentence  of  imprisonment and one or more than one determinate sentence
of imprisonment which run consecutively may be paroled at any time after
the expiration of the sum of the minimum or aggregate minimum period  of
the  indeterminate sentence or sentences and six-sevenths of the term or
aggregate term of imprisonment of the determinate sentence or sentences.
  (v) Notwithstanding any other subparagraph of this paragraph, a person
may be paroled from the institution in which he OR SHE  is  confined  at
any   time   on   medical   parole   pursuant  to  section  two  hundred
[fifty-nine-r]  FIFTY-NINE-E  or  section  two  hundred   [fifty-nine-s]
FIFTY-NINE-F  of  the executive law or for deportation pursuant to para-
graph (d) of subdivision  two  of  section  two  hundred  [fifty-nine-i]
FIFTY-NINE-B  of the executive law or after the successful completion of
a shock incarceration program pursuant to article  twenty-six-A  of  the
correction law.
  S  127-d. Paragraph (a) of subdivision 1 of section 70.40 of the penal
law, as separately amended by chapter 261 of the laws of 1987 and  chap-

S. 2812--A                         206                        A. 4012--A

ter  55  of  the laws of 1992, subparagraph (i) as added by chapter 3 of
the laws of 1995, is amended to read as follows:
  (a)  (I)  A  person  who is serving one or more than one indeterminate
sentence of imprisonment may be paroled from the institution in which he
OR SHE is confined at any time after the expiration of  the  minimum  or
the  aggregate  minimum  period  of  imprisonment  of  the  sentence  or
sentences or after the successful completion of  a  shock  incarceration
program,  as  defined  in  article  twenty-six-A  of the correction law,
whichever is sooner. Release on parole shall be in the discretion of the
state board of parole, and such person shall continue service of his  OR
HER  sentence  or  sentences  while  on  parole,  in accordance with and
subject to the provisions of the executive law AND THE CORRECTION LAW.
  [(i)] (II) A person who is serving one or more than one  indeterminate
sentence of imprisonment may be paroled from the institution in which he
OR  SHE  is  confined at any time after the expiration of the minimum or
the aggregate minimum period of the sentence or sentences.
  S 127-d-1. Paragraph (b) of subdivision 1  of  section  70.40  of  the
penal  law,  as  amended by chapter 1 of the laws of 1998, is amended to
read as follows:
  (b) A person who is serving one or  more  than  one  indeterminate  or
determinate sentence of imprisonment shall, if he OR SHE so requests, be
conditionally  released  from  the  institution  in  which  he OR SHE is
confined when the total good behavior time allowed to him OR HER, pursu-
ant to the provisions of the correction law, is equal  to  the  unserved
portion  of  his  OR  HER  term, maximum term or aggregate maximum term;
provided, however, that (i) in no event shall a person  serving  one  or
more  indeterminate sentence of imprisonment and one or more determinate
sentence  of  imprisonment  which  run  concurrently  be   conditionally
released  until serving at least six-sevenths of the determinate term of
imprisonment which has the longest unexpired time to run and (ii) in  no
event  shall  a  person  be  conditionally released prior to the date on
which such person is first eligible for  discretionary  parole  release.
The conditions of release, including those governing post-release super-
vision,  shall  be such as may be imposed by the [state board of parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION in  accordance  with
the provisions of the [executive] CORRECTION law.
  Every  person  so released shall be under the supervision of the state
[board of parole] DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION
for  a  period  equal to the unserved portion of the term, maximum term,
aggregate maximum term, or period of post-release supervision.
  S 127-e. Paragraph (b) of subdivision 1 of section 70.40 of the  penal
law,  as separately amended by chapter 467 of the laws of 1979 and chap-
ter 1 of the laws of 1998, the closing paragraph as  separately  amended
by chapter 148 of the laws of 1975 and chapter 1 of the laws of 1998, is
amended to read as follows:
  (b)  A  person  who  is  serving  one  or  more than one indeterminate
sentence of imprisonment shall, if he OR  SHE  so  requests,  be  condi-
tionally  released  from  the institution in which he OR SHE is confined
when the total good behavior time allowed to him OR HER, pursuant to the
provisions of the correction law, is equal to the  unserved  portion  of
his OR HER maximum or aggregate maximum term. The conditions of release,
including those governing post-release supervision, shall be such as may
be  imposed by the [state board of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION in accordance with the provisions of  the  [execu-
tive] CORRECTION law.

S. 2812--A                         207                        A. 4012--A

  Every  person so released shall be under the supervision of the [state
board of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION for
a period equal to the unserved portion of the maximum, aggregate maximum
term, or period of post-release supervision.
  S  127-f. Paragraph (c) of subdivision 1 of section 70.40 of the penal
law, as added by section 13 of part E of chapter 62 of the laws of 2003,
is amended to read as follows:
  (c) A person who  is  serving  one  or  more  than  one  indeterminate
sentence  of  imprisonment  shall, if he or she so requests, be released
from the institution in which he or she is confined if granted  presump-
tive  release  pursuant  to  section eight hundred six of the correction
law. The conditions of release shall be such as may be  imposed  by  the
[state  board  of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION in accordance with the provisions of the  [executive]  CORRECTION
law.  Every  person  so  released  shall be under the supervision of the
[state board of parole] DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPER-
VISION  for a period equal to the unserved portion of his or her maximum
or aggregate maximum term unless discharged in accordance with law.
  S 127-g. Subdivision 2 of section 70.40 of the penal law,  as  amended
by section 4 of part SS of chapter 56 of the laws of 2009, is amended to
read as follows:
  2.  Definite  sentence.  A  person who is serving one or more than one
definite sentence of imprisonment with  a  term  or  aggregate  term  in
excess  of  ninety  days,  and  is eligible for release according to the
criteria set forth in paragraphs (a), (b) and (c) of subdivision one  of
section  two  hundred seventy-three of the correction law, may, if he or
she so requests, be conditionally released from the institution in which
he or she is confined at any time after service of sixty  days  of  that
term,  exclusive  of  credits allowed under subdivisions four and six of
section 70.30. In computing service of sixty days,  the  credit  allowed
for  jail  time under subdivision three of section 70.30 shall be calcu-
lated as time served. Conditional release from such institution shall be
in the discretion of the parole board, or a  local  conditional  release
commission established pursuant to article twelve of the correction law,
provided,  however  that  where  such  release is by a local conditional
release commission, the person must be serving a definite sentence  with
a  term  in  excess  of one hundred twenty days and may only be released
after service of ninety days of such term. In computing service of nine-
ty days, the credit allowed for jail time  under  subdivision  three  of
section  70.30  of  this  article  shall be calculated as time served. A
conditional release granted under this subdivision shall  be  upon  such
conditions  as  may  be  imposed  by  the  [parole  board] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, in accordance with the provisions
of the [executive]  CORRECTION  law,  or  a  local  conditional  release
commission in accordance with the provisions of the correction law.
  Conditional  release  shall  interrupt  service  of  the  sentence  or
sentences and the remaining portion of the term or aggregate term  shall
be  held in abeyance. Every person so released shall be under the super-
vision of the [parole board] DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION  or  a  local probation department and in the custody of the
local conditional release commission in accordance with  article  twelve
of  the  correction  law,  for a period of one year. The local probation
department shall cause complete records  to  be  kept  of  every  person
released  to its supervision pursuant to this subdivision. The [division
of parole] DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  may
supply to a local probation department and the local conditional release

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commission  custody  information and records maintained on persons under
the supervision of  such  local  probation  department  to  aid  in  the
performance  of  its  supervision  responsibilities. Compliance with the
conditions of release during the period of supervision shall satisfy the
portion of the term or aggregate term that has been held in abeyance.
  S  127-h.  Paragraphs (a) and (b) of subdivision 3 of section 70.40 of
the penal law, paragraph (a) as amended by section 14 of part E of chap-
ter 62 of the laws of 2003, paragraph (b) as amended  by  section  5  of
part  SS  of  chapter  56  of  the  laws of 2009, are amended to read as
follows:
  (a) When a person is alleged to have violated the terms of presumptive
release or  parole  and  the  [state  board  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  has declared such person to be
delinquent, the declaration of delinquency shall interrupt the  person's
sentence  as  of the date of the delinquency and such interruption shall
continue until the return of the person  to  an  institution  under  the
jurisdiction   of   the  state  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  (b) When a person is alleged to have violated the terms of his OR  HER
conditional  release  or  post-release supervision and has been declared
delinquent by the [parole board] DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION or the local conditional release  commission  having  super-
vision  over such person, the declaration of delinquency shall interrupt
the period of supervision or post-release supervision as of the date  of
the  delinquency.  For  a  conditional  release, such interruption shall
continue until the return of the person to the institution from which he
OR SHE was released or, if he OR SHE was released  from  an  institution
under   the  jurisdiction  of  the  state  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION, to an institution under
the jurisdiction of that department. Upon such return, the person  shall
resume service of his OR HER sentence. For a person released to post-re-
lease supervision, the provisions of section 70.45 shall apply.
  S  127-i.  Subdivision 1-a of section 70.45 of the penal law, as added
by chapter 7 of the laws of 2007, is amended to read as follows:
  1-a. When, following a final  hearing,  a  time  assessment  has  been
imposed  upon  a person convicted of a felony sex offense who owes three
years or more on a period of post-release supervision, imposed  pursuant
to  subdivision  two-a  of  this  section, such defendant, after serving
three years of the time assessment, shall be reviewed by  the  board  of
parole  and  may  be re-released to post-release supervision only upon a
determination by the board of parole made in accordance with subdivision
[two] SEVEN of section [two hundred fifty-nine-i of the  executive]  TWO
HUNDRED  FIVE  OF  THE CORRECTION law. If re-release is not granted, the
board shall specify a date not more than twenty-four  months  from  such
determination  for  reconsideration,  and  the procedures to be followed
upon reconsideration shall be the same. If a  time  assessment  of  less
than  three  years is imposed upon such a defendant, the defendant shall
be released upon the expiration of such time assessment,  unless  he  or
she  is  subject  to  further  imprisonment  or  confinement  under  any
provision of law.
  S 127-j. Subdivisions 3, 4 and 5 of section 70.45 of the penal law, as
added by chapter 1 of the laws of 1998, paragraph (d) of  subdivision  5
as amended by section 5 of part E of chapter 56 of the laws of 2007, are
amended to read as follows:
  3.  Conditions  of  post-release  supervision.  The  [board of parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION shall establish  and

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impose  conditions of post-release supervision in the same manner and to
the same extent as it may establish and impose conditions in  accordance
with  the [executive] CORRECTION law upon persons who are granted parole
or   conditional  release;  provided  that,  notwithstanding  any  other
provision of law, the [board of parole] DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY  SUPERVISION  may impose as a condition of post-release super-
vision that for a period not exceeding six months immediately  following
release  from  the  underlying term of imprisonment the person be trans-
ferred to and participate in the programs  of  a  residential  treatment
facility  as  that  term is defined in subdivision six of section two of
the correction law. Upon release from the underlying term  of  imprison-
ment,  the  person  shall  be furnished with a written statement setting
forth the conditions of post-release supervision in sufficient detail to
provide for the person's conduct and supervision.
  4. Revocation of post-release supervision. An alleged violation of any
condition of post-release supervision  shall  be  initiated,  heard  and
determined  in accordance with the provisions of [subdivisions three and
four of] section [two hundred fifty-nine-i of  the  executive  law]  TWO
HUNDRED FIVE OF THE CORRECTION LAW.
  5.  Calculation  of  service  of period of post-release supervision. A
period or periods of post-release supervision shall  be  calculated  and
served as follows:
  (a)  A  period  of  post-release  supervision  shall commence upon the
person's release from imprisonment to supervision by  the  [division  of
parole]  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION and shall
interrupt the running of the determinate sentence or sentences of impri-
sonment and the indeterminate sentence or sentences of imprisonment,  if
any.  The  remaining  portion  of  any maximum or aggregate maximum term
shall then be held in abeyance until the successful  completion  of  the
period of post-release supervision or the person's return to the custody
of  the  [department of correctional services] DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION, whichever occurs first.
  (b) Upon the completion of the period of post-release supervision, the
running of such sentence or sentences of imprisonment shall  resume  and
only  then shall the remaining portion of any maximum or aggregate maxi-
mum term previously held in abeyance be credited with and diminished  by
such  period of post-release supervision. The person shall then be under
the jurisdiction of the [division of parole] DEPARTMENT  OF  CORRECTIONS
AND  COMMUNITY  SUPERVISION for the remaining portion of such maximum or
aggregate maximum term.
  (c) When a person is subject to two or more  periods  of  post-release
supervision, such periods shall merge with and be satisfied by discharge
of  the  period of post-release supervision having the longest unexpired
time to run; provided, however, any time served upon one period of post-
release supervision shall not be credited to any other period  of  post-
release  supervision  except  as provided in subdivision five of section
70.30 of this article.
  (d) When a person is alleged to have violated a condition of  post-re-
lease supervision and the [division of parole] DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION has declared such person to be delinquent: (i)
the  declaration  of  delinquency shall interrupt the period of post-re-
lease supervision; (ii)  such  interruption  shall  continue  until  the
person  is  restored to post-release supervision; (iii) if the person is
restored to post-release  supervision  without  being  returned  to  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, any time spent in custody from the  date  of  delinquency  until

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restoration  to  post-release supervision shall first be credited to the
maximum or aggregate maximum term of the sentence or sentences of impri-
sonment, but only to the  extent  authorized  by  subdivision  three  of
section 70.40 of this article. Any time spent in custody solely pursuant
to such delinquency after completion of the maximum or aggregate maximum
term  of  the sentence or sentences of imprisonment shall be credited to
the period of post-release supervision, if any; and (iv) if  the  person
is  ordered  returned  to  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION, the person shall be  required  to
serve  the  time  assessment  before  being  re-released to post-release
supervision. In the event the balance of the remaining period  of  post-
release  supervision  is six months or less, such time assessment may be
up to six months unless a longer period is authorized pursuant to subdi-
vision one of this section. The time assessment shall commence upon  the
issuance  of  a  determination after a final hearing that the person has
violated one or more  conditions  of  supervision.  While  serving  such
assessment,  the  person  shall  not receive any good behavior allowance
pursuant to section eight hundred three of the correction law.  Any time
spent in custody from the  date  of  delinquency  until  return  to  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION shall first be credited to the maximum or aggregate maximum  term
of  the  sentence  or  sentences of imprisonment, but only to the extent
authorized by subdivision three of section 70.40 of  this  article.  The
maximum or aggregate maximum term of the sentence or sentences of impri-
sonment  shall  run  while the person is serving such time assessment in
the custody of the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION.  Any time spent in  custody  solely  pursuant  to
such  delinquency  after  completion of the maximum or aggregate maximum
term of the sentence or sentences of imprisonment shall be  credited  to
the period of post-release supervision, if any.
  (e)  Notwithstanding paragraph (d) of this subdivision, in the event a
person is sentenced to one or more additional indeterminate or  determi-
nate term or terms of imprisonment prior to the completion of the period
of  post-release  supervision,  such  period of post-release supervision
shall be held in abeyance and the  person  shall  be  committed  to  the
custody  of  the  department  of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION in accordance with the requirements of  the  prior
and additional terms of imprisonment.
  (f)  When  a  person  serving  a period of post-release supervision is
returned to the department of [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION pursuant to an additional consecutive sentence of
imprisonment and without a declaration of delinquency,  such  period  of
post-release  supervision  shall be held in abeyance while the person is
in the custody of the department of [correctional services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION.    Such  period of post-release supervision
shall resume running upon the person's re-release.
  S 127-k. Paragraph (d) of subdivision 3 of section 70.70 of the  penal
law,  as added by chapter 738 of the laws of 2004, is amended to read as
follows:
  (d) Sentence of parole supervision. In the case of a person  sentenced
for  a  specified  offense or offenses as defined in subdivision five of
section 410.91 of the criminal procedure law, who stands convicted of no
other felony offense, who has not previously been convicted of either  a
violent  felony  offense  as defined in section 70.02 of this article, a
class A felony offense or a class B felony offense, and is not under the
jurisdiction of or awaiting delivery to the department of  [correctional

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services]  CORRECTIONS  AND  COMMUNITY SUPERVISION, the court may direct
that a determinate sentence imposed pursuant to this  subdivision  shall
be  executed as a parole supervision sentence as defined in and pursuant
to the procedures prescribed in section 410.91 of the criminal procedure
law.
  S  127-l.  Subdivision 1 of section 85.15 of the penal law, as amended
by chapter 3 of the laws of 1995, is amended to read as follows:
  1. Indeterminate and determinate sentences. The service of an indeter-
minate or a determinate  sentence  of  imprisonment  shall  satisfy  any
sentence of intermittent imprisonment imposed on a person for an offense
committed  prior  to  the time the indeterminate or determinate sentence
was imposed. A person who is serving a sentence of  intermittent  impri-
sonment at the time an indeterminate or a determinate sentence of impri-
sonment  is  imposed  shall  be  delivered  to  the custody of the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  to commence service of the indeterminate or determinate sentence
immediately.
  S 127-m. Subdivision 1 of section 85.15 of the penal law, as added  by
chapter 477 of the laws of 1970, is amended to read as follows:
  1. Indeterminate and reformatory sentences. The service of an indeter-
minate  or  a  reformatory  sentence  of  imprisonment shall satisfy any
sentence of intermittent imprisonment imposed on a person for an offense
committed prior to the time the indeterminate  or  reformatory  sentence
was  imposed.  A person who is serving a sentence of intermittent impri-
sonment at the time an indeterminate or a reformatory sentence of impri-
sonment is imposed shall be  delivered  to  the  custody  of  the  state
department  of  [correction]  CORRECTIONS  AND  COMMUNITY SUPERVISION to
commence service of the indeterminate or reformatory sentence immediate-
ly.
  S 127-n. Section 205.17 of the penal law, as amended by chapter 460 of
the laws of 1983, is amended to read as follows:
S 205.17 Absconding from temporary release in the first degree.
  A person is guilty of absconding from temporary release in  the  first
degree  when  having  been  released  from confinement in a correctional
institution under the jurisdiction of the state department  of  [correc-
tional  services]  CORRECTIONS  AND  COMMUNITY SUPERVISION or a facility
under the jurisdiction of the state [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES  to  participate  in  a  program  of  temporary
release,  he  OR SHE intentionally fails to return to the institution or
facility of his  OR HER confinement at or before the time prescribed for
his OR HER return.
  Absconding from temporary release in the first degree  is  a  class  E
felony.
  S  127-o.  Section 205.19 of the penal law, as added by chapter 554 of
the laws of 1986, is amended to read as follows:
S 205.19 Absconding from a community treatment facility.
  A person is guilty of absconding from a community  treatment  facility
when  having been released from confinement from a correctional institu-
tion under the jurisdiction of the  state  department  of  [correctional
services]  CORRECTIONS AND COMMUNITY SUPERVISION by transfer to a commu-
nity treatment facility, he OR SHE leaves such facility without authori-
zation or he OR SHE intentionally  fails  to  return  to  the  community
treatment  facility  at  or  before  the  time prescribed for his OR HER
return.
  Absconding from a community treatment facility is a class E felony.

S. 2812--A                         212                        A. 4012--A

  S 127-p. Section 240.32 of the penal law,  as  separately  amended  by
chapters 422 and 441 of the laws of 2000, is amended to read as follows:
S 240.32 Aggravated harassment of an employee by an inmate.
  An  inmate  or  respondent  is  guilty  of aggravated harassment of an
employee by an inmate when, with intent to harass,  annoy,  threaten  or
alarm  a  person in a facility whom he OR SHE knows or reasonably should
know to be an employee of such facility or the [division  of]  BOARD  OF
parole or the office of mental health, or a probation department, bureau
or  unit or a police officer, he OR SHE causes or attempts to cause such
employee to come into contact with blood, seminal fluid, urine or feces,
by throwing, tossing or expelling such fluid or material.
  For purposes of this section, "inmate" means an inmate or detainee  in
a  correctional  facility, local correctional facility or a hospital, as
such term is defined in subdivision two of section four hundred  of  the
correction law. For purposes of this section, "respondent" means a juve-
nile in a secure facility operated and maintained by the office of chil-
dren  and  family services who is placed with or committed to the office
of children and family services. For purposes of this section,  "facili-
ty" means a correctional facility or local correctional facility, hospi-
tal,  as such term is defined in subdivision two of section four hundred
of the correction law, or a secure facility operated and  maintained  by
the office of children and family services.
  Aggravated harassment of an employee by an inmate is a class E felony.
  S  127-q. Paragraphs (e) and (f) of subdivision 3 of section 130.05 of
the penal law, paragraph (e) as amended by chapter  1  of  the  laws  of
2000,  subparagraph  (iv) of paragraph (e) as added and paragraph (f) as
amended by chapter 335 of the laws of  2007,  are  amended  to  read  as
follows:
  (e)  committed  to  the  care  and  custody of the state department of
[correctional services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  or  a
hospital,  as  such  term  is defined in subdivision two of section four
hundred of the correction law, and the actor is an employee, not married
to such person, who knows or reasonably should know that such person  is
committed  to  the  care and custody of such department or hospital. For
purposes of this paragraph, "employee" means  (i)  an  employee  of  the
state  department  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION who performs professional duties: (A) in a state correction-
al facility consisting of providing custody, medical  or  mental  health
services,  counseling  services,  educational  programs,  or  vocational
training for inmates; OR
  [(ii) an employee of the division of parole who performs  professional
duties]  (B)  in a state correctional facility and who provides institu-
tional parole services [pursuant to section two hundred fifty-nine-e  of
the executive law]; or
  [(iii)]  (II)  an employee of the office of mental health who performs
professional duties in a state correctional  facility  or  hospital,  as
such  term  is defined in subdivision two of section four hundred of the
correction law, consisting of providing custody, or  medical  or  mental
health services for such inmates; or
  [(iv)]  (III)  a  person,  including  a  volunteer,  providing  direct
services to inmates in the state  correctional  facility  in  which  the
victim  is confined at the time of the offense pursuant to a contractual
arrangement with the state department of correctional  services  or,  in
the  case  of  a  volunteer,  a  written agreement with such department,
provided  that  the  person  received  written  notice  concerning   the
provisions of this paragraph; or

S. 2812--A                         213                        A. 4012--A

  (f)  committed to the care and custody of a local correctional facili-
ty, as such term is defined in subdivision two of section forty  of  the
correction  law,  and  the  actor  is  an  employee, not married to such
person, who knows or reasonably should know that such person is  commit-
ted to the care and custody of such facility. For purposes of this para-
graph,  "employee"  means an employee of the local correctional facility
where the person is committed who performs professional duties  consist-
ing  of providing custody, medical or mental health services, counseling
services, educational services, or vocational training for inmates.  For
purposes of this paragraph, "employee" shall also mean a person, includ-
ing  a  volunteer  or  a  government  employee of the state [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION or  a  local
health,  education  or  probation  agency,  providing direct services to
inmates in the local  correctional  facility  in  which  the  victim  is
confined  at  the time of the offense pursuant to a contractual arrange-
ment with the local correctional department or, in the case  of  such  a
volunteer  or government employee, a written agreement with such depart-
ment, provided that such person received written notice  concerning  the
provisions of this paragraph; or
  S  127-r.  Subdivision 1 of section 10 of the public buildings law, as
added by chapter 83 of the laws of 1995, is amended to read as follows:
  1. Except as provided in subdivision two of this section, whenever the
head of any agency, board, division or commission, with the approval  of
the  director  of  the  budget, (a) shall certify to the commissioner of
general services that any property on state land or on land under  lease
to  the  state  and  consisting  of  buildings  with or without fixtures
attached thereto, and any other improvements upon such lands, are unfit,
not adapted or not needed for use by such  agency,  board,  division  or
commission  and  (b)  shall recommend for reasons to be stated, that the
said property  should  be  disposed  of,  the  commissioner  of  general
services  shall,  after  causing an investigation to be made, dispose of
said property by sale or demolition as  will  best  promote  the  public
interest.  Public notice of a proposed sale where the value of the prop-
erty  to  be sold exceeds five thousand dollars shall be given by adver-
tising at least once in a  newspaper  published  and  having  a  general
circulation  in  the  county in which such lands are located and in such
other newspaper or newspapers as the commissioner  of  general  services
may  deem  to  be  necessary.  Such  advertisement  shall give a general
description and location of the property and the terms of the  sale  and
the date on which proposals for the same will be received by the commis-
sioner  of general services. Should any or all of the offers so received
be deemed by the commissioner of general services to be too low,  he  or
she  may  dispose  of such property so advertised at private sale within
ninety days of the opening of the bids, provided that  no  such  private
sale  shall  be  consummated  at  a price lower than that submitted as a
result of public advertising. The commissioner of general services shall
also have the power to demolish such property either by contract or,  if
such  property  is  located on lands which are under the jurisdiction of
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION,  the  work of such demolition may be done by the inmates of
the institution where such property is located,  provided  however  that
the  commissioner  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION shall consent to the employment of the inmates for the  work
of  demolition.  The  provisions  of this subdivision shall be effective
notwithstanding the provisions of  any  other  general  or  special  law
relating to the disposal of buildings with the fixtures attached thereto

S. 2812--A                         214                        A. 4012--A

or  of  any  improvements  upon lands belonging to or under lease to the
state, and any such statute or parts thereof relating to  such  disposal
of buildings, fixtures and improvements insofar as they are inconsistent
with  the  provisions of this section are hereby superseded. A record of
any such sale shall be filed with the state agency head  above  referred
to  and  the  proceeds  of  such sale or disposal shall be paid into the
treasury of the state to the credit of the capital projects fund.
  S 127-s. Subdivision 26 of section 206 of the public  health  law,  as
added  by  section  1  of chapter 419 of the laws of 2009, is amended to
read as follows:
  26. The commissioner is hereby authorized and directed to  review  any
policy  or  practice instituted in facilities operated by the department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION regard-
ing  human  immunodeficiency  virus  (HIV),  acquired   immunodeficiency
syndrome  (AIDS),  and hepatitis C (HCV) including the prevention of the
transmission of HIV and HCV and the treatment of AIDS, HIV and HCV among
inmates. Such review shall be performed  annually  and  shall  focus  on
whether  such  HIV,  AIDS  or  HCV policy or practice is consistent with
current, generally accepted medical standards  and  procedures  used  to
prevent  the  transmission of HIV and HCV and to treat AIDS, HIV and HCV
among the general public. In performing such reviews, in order to deter-
mine the quality and adequacy of care and treatment provided, department
personnel are authorized to enter correctional  facilities  and  inspect
policy  and  procedure  manuals  and medical protocols, interview health
services providers and inmate-patients, review medical  grievances,  and
inspect  a  representative sample of medical records of inmates known to
be infected with HIV or HCV or have AIDS. Prior to initiating  a  review
of  a  correctional  system,  the  commissioner shall inform the public,
including patients, their families and patient advocates, of the  sched-
uled  review  and  invite them to provide the commissioner with relevant
information. Upon the completion of such review, the  department  shall,
in  writing, approve such policy or practice as instituted in facilities
operated by the department of [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION  or,  based on specific, written recommendations,
direct the department of [correctional services] CORRECTIONS AND  COMMU-
NITY  SUPERVISION  to prepare and implement a corrective plan to address
deficiencies in areas where such policy or practice fails to conform  to
current,  generally  accepted  medical  standards  and  procedures.  The
commissioner shall monitor the implementation of such  corrective  plans
and  shall conduct such further reviews as the commissioner deems neces-
sary to ensure that identified deficiencies in HIV, AIDS and  HCV  poli-
cies  and  practices  are  corrected.  All written reports pertaining to
reviews provided for in this subdivision shall be maintained, under such
conditions as the commissioner shall prescribe,  as  public  information
available for public inspection.
  S  127-t.  Subdivision  26 of section 206 of the public health law, as
amended by section 2 of chapter 419 of the laws of 2009, is  amended  to
read as follows:
  26.  The  commissioner is hereby authorized and directed to review any
policy or practice instituted in facilities operated by  the  department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, and in
all  local correctional facilities, as defined in subdivision sixteen of
section two of the  correction  law,  regarding  human  immunodeficiency
virus  (HIV), acquired immunodeficiency syndrome (AIDS), and hepatitis C
(HCV) including the prevention of the transmission of HIV  and  HCV  and
the  treatment  of AIDS, HIV and HCV among inmates. Such review shall be

S. 2812--A                         215                        A. 4012--A

performed annually and shall focus on whether  such  HIV,  AIDS  or  HCV
policy  or  practice  is  consistent  with  current,  generally accepted
medical standards and procedures used to prevent the transmission of HIV
and  HCV  and  to  treat  AIDS, HIV and HCV among the general public. In
performing such reviews, in order to determine the quality and  adequacy
of  care  and treatment provided, department personnel are authorized to
enter correctional facilities and inspect policy and  procedure  manuals
and  medical  protocols, interview health services providers and inmate-
patients, review medical grievances, and inspect a representative sample
of medical records of inmates known to be infected with HIV  or  HCV  or
have  AIDS.  Prior  to initiating a review of a correctional system, the
commissioner shall inform the public, including patients, their families
and patient advocates, of  the  scheduled  review  and  invite  them  to
provide  the commissioner with relevant information. Upon the completion
of such review, the department shall, in writing, approve such policy or
practice as instituted in  facilities  operated  by  the  department  of
[correctional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION, and in
any local correctional facility, or, based on specific,  written  recom-
mendations, direct the department of [correctional services] CORRECTIONS
AND   COMMUNITY  SUPERVISION,  or  the  authority  responsible  for  the
provision of medical care to inmates in local correctional facilities to
prepare and implement a corrective plan to address deficiencies in areas
where such policy or practice fails to  conform  to  current,  generally
accepted  medical standards and procedures. The commissioner shall moni-
tor the implementation of such corrective plans and shall  conduct  such
further reviews as the commissioner deems necessary to ensure that iden-
tified  deficiencies  in  HIV,  AIDS  and HCV policies and practices are
corrected.  All written reports pertaining to reviews  provided  for  in
this  subdivision  shall  be  maintained,  under  such conditions as the
commissioner shall prescribe, as public information available for public
inspection.
  S 128. Subdivision 2 of section 579 of the public health law, as added
by chapter 436 of the laws of 1993, is amended to read as follows:
  2. This title shall not be applicable to and the department shall  not
have  the  power to regulate pursuant to this title: (a) any examination
performed by a state or local government of materials derived  from  the
human body for use in criminal identification or as evidence in a crimi-
nal  proceeding  or  for  investigative purposes; (b) any test conducted
pursuant to paragraph (c) of subdivision four of section eleven  hundred
ninety-four  of  the  vehicle and traffic law and paragraph [(b)] (C) of
subdivision [four] EIGHT of section 25.24 of the parks,  recreation  and
historic  preservation  law; (c) any examination performed by a state or
local agency of materials derived from the body of an  inmate,  pretrial
releasee, parolee, conditional releasee or probationer to (i) determine,
measure  or  otherwise describe the presence or absence of any substance
whose possession, ingestion or use is prohibited by law,  the  rules  of
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION, the conditions of  release  established  by  the  board  of
parole,  the  conditions  of  release  established by a court or a local
conditional release commission or the conditions of any program to which
such individuals are referred and (ii) to determine  whether  there  has
been  a violation thereof; or (d) any examination performed by a coroner
or medical examiner for the  medical-legal  investigation  of  a  death.
Nothing  herein  shall  prevent  the department from consulting with the
division of criminal justice services, the department  of  [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION, the state police, or

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any other state agency or commission, at the request of the division  of
criminal  justice  services,  the  department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION, the state police, or  such  other
agency  or  commission, concerning examination of materials for purposes
other than public health.
  S 129. Subdivision 8 of section 2780 of  the  public  health  law,  as
amended  by  chapter  786  of  the  laws  of 1992, is amended to read as
follows:
  8. "Health or social service" means any public or private care, treat-
ment, clinical laboratory test, counseling or  educational  service  for
adults  or  children, and acute, chronic, custodial, residential, outpa-
tient, home or other health care provided pursuant to  this  chapter  or
the social services law; public assistance or care as defined in article
one  of  the  social  services law; employment-related services, housing
services, foster  care,  shelter,  protective  services,  day  care,  or
preventive  services  provided  pursuant  to  the  social  services law;
services for the mentally disabled as defined  in  article  one  of  the
mental  hygiene  law;  probation services, provided pursuant to articles
twelve and twelve-A of the  executive  law;  parole  services,  provided
pursuant  to  article  [twelve-B  of  the  executive  law]  EIGHT OF THE
CORRECTION LAW; [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, provided pursuant to the correction law; detention and rehabili-
tative services provided pursuant to article nineteen-G of the executive
law; and the activities of the health care worker HIV/HBV advisory panel
pursuant to article twenty-seven-DD of this chapter.
  S 130. Subdivision 2 of section 2785-a of the public  health  law,  as
added by chapter 76 of the laws of 1995, is amended to read as follows:
  2. At the time of communicating the test results to the subject or the
victim, such public health officer shall directly provide the victim and
person  tested  with  (a) counseling or referrals for counseling for the
purposes specified in subdivision five of  section  two  thousand  seven
hundred  eighty-one  of  this article; (b) counseling with regard to HIV
disease and HIV testing in  accordance  with  law  and  consistent  with
subdivision  five  of  section  two thousand seven hundred eighty-one of
this article; and (c) appropriate health care and support  services,  or
referrals  to  such available services.  If at the time of communicating
the test results, the person tested is in the custody of the  department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, [divi-
sion for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, office of mental
health  or a local correctional institution, the counseling and services
required by this subdivision may be provided by a public health  officer
associated with the county or facility within which the person tested is
confined.
  S  131.  Subdivision 4 of section 2994-cc of the public health law, as
added by chapter 8 of the laws of 2010, is amended to read as follows:
  4. (a) When the concurrence of a second physician is sought to fulfill
the requirements for the issuance of a nonhospital order not to resusci-
tate for patients in a  correctional  facility,  such  second  physician
shall  be  selected  by  the  chief medical officer of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or his  or
her designee.
  (b)  When  the  concurrence of a second physician is sought to fulfill
the requirements for the issuance of a nonhospital order not to resusci-
tate for hospice and home care patients, such second physician shall  be
selected  by  the  hospice medical director or hospice nurse coordinator

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designated by the medical director or by the home care  services  agency
director of patient care services, as appropriate to the patient.
  S  132.  Subdivision  4  of  section 4174 of the public health law, as
amended by section 6 of part OO of chapter 56 of the laws  of  2010,  is
amended to read as follows:
  4.  No  fee shall be charged for a search, certification, certificate,
certified copy or certified transcript of a record to be used for school
entrance, employment certificate or for purposes  of  public  relief  or
when  required  by the veterans administration to be used in determining
the eligibility of any person to participate in the benefits made avail-
able by the veterans administration or  when  required  by  a  board  of
elections  for  the  purposes  of  determining voter eligibility or when
requested by the department of [correctional services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION  or  a  local correctional facility as defined in
subdivision sixteen of section two of the correction law for the purpose
of providing a certified copy or certified transcript  of  birth  to  an
inmate  in  anticipation  of  such inmate's release from custody or when
requested by the office of children and family services or an authorized
agency for the purpose of providing a certified copy or certified  tran-
script  of  birth  to a youth placed in the custody of the local commis-
sioner of social services or the custody of the office of  children  and
family  services  pursuant  to  article three of the family court act in
anticipation of such youth's discharge from placement.
  S 133. Section 4179 of the public health law, as amended by section  7
part  OO  of  chapter  56  of  the  laws  of 2010, is amended to read as
follows:
  S 4179. Vital records; fees; city of  New  York.  Notwithstanding  the
provisions  of  paragraph  one of subdivision a of section 207.13 of the
health code of the city of New York,  the  department  of  health  shall
charge,  and  the  applicant  shall pay, for a search of two consecutive
calendar years under one name and  the  issuance  of  a  certificate  of
birth, death or termination of pregnancy, or a certification of birth or
death,  or  a  certification  that  the record cannot be found, a fee of
fifteen dollars for each copy. Provided, however, that no such fee shall
be charged when the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION or a local correctional facility as defined in
subdivision  sixteen  of  section  two  of the correction law requests a
certificate of birth or  certification  of  birth  for  the  purpose  of
providing  such  certificate  of  birth  or certification of birth to an
inmate in anticipation of such inmate's release from custody or when the
office of children and family services or an authorized agency  requests
a  certified copy or certified transcript of birth for a youth placed in
the custody of the local commissioner of social services or the  custody
of  the office of children and family services pursuant to article three
of the family court act for the purpose of providing such certified copy
or certified transcript of  birth  to  such  youth  in  anticipation  of
discharge from placement.
  S  134.  Paragraph  (l) of subdivision 1 of section 2782 of the public
health law, as added by chapter 584 of the laws of 1988, is  amended  to
read as follows:
  (l)  an  employee  or  agent of the [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, in accordance with paragraph  (a)
of  subdivision  two  of section twenty-seven hundred eighty-six of this
article, to the extent the employee or agent  is  authorized  to  access
records  containing  such  information  in order to carry out the [divi-
sion's] DEPARTMENT'S functions, powers and duties with  respect  to  the

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protected  individual,  pursuant  to section two hundred fifty-nine-a of
the executive law;
  S  135.  Subdivision  8  of  section 92 of the public officers law, as
separately amended by section 40 of part A and section 2 of part  A1  of
chapter 56 and by chapter 491 of the laws of 2010, is amended to read as
follows:
  (8)  Public  safety  agency  record.  The  term  "public safety agency
record" means a record of the state commission of correction, the tempo-
rary state commission of investigation, the department of  [correctional
services]  CORRECTIONS AND COMMUNITY SUPERVISION, the office of children
and family services, [the division of  parole,]  the  office  of  victim
services,  the  office of probation and correctional alternatives or the
division of state police or of any agency  or  component  thereof  whose
primary  function  is  the  enforcement of civil or criminal statutes if
such record pertains to investigation, law enforcement,  confinement  of
persons in correctional facilities or supervision of persons pursuant to
criminal  conviction  or  court order, and any records maintained by the
division of criminal justice services pursuant to sections eight hundred
thirty-seven, eight hundred thirty-seven-a,  eight  hundred  thirty-sev-
en-b,  eight  hundred  thirty-seven-c, eight hundred thirty-eight, eight
hundred thirty-nine, and eight hundred forty-five of the  executive  law
and  by  the  department of state pursuant to section ninety-nine of the
executive law.
  S 136. Section 18 of the railroad law, as amended by  chapter  840  of
the laws of 1984, is amended to read as follows:
  S  18.  Railroads  through  public  lands. The commissioner of general
services may grant to any domestic or foreign railroad corporation  land
belonging  to the people of the state, except the reservation at Niagara
and the Concourse lands on Coney Island, which may be required  for  the
purposes  of  its road on such terms as may be agreed upon by them; or a
domestic railroad corporation may acquire title thereto by condemnation;
and the county or town officers having charge of any land  belonging  to
any county or town, required for a domestic railroad corporation for the
purposes  of  its  road, may grant such land to the corporation for such
compensation as may be agreed upon. In  case  the  land  or  any  right,
interest or easement therein, required by a domestic or foreign railroad
corporation  is  used  for  prison  purposes the commissioner of general
services may grant such land, or any right, interest or easement  there-
in,  provided the plans of such railroad corporation for the use of such
prison lands, or such right, interest  or  easement  therein,  have  the
approval  of the commissioner of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION.
  S 137. Subdivision 3 and 4 of section  88  of  the  railroad  law,  as
amended  by  chapter  247  of  the  laws of 1964, are amended to read as
follows:
  3. The corporation, express company or steamboat  company  making  any
such application shall cause the fingerprints of each proposed appointee
to  be  taken  [by a police agency] IN THE FORM AND MANNER PRESCRIBED BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES and [shall cause] one  set  of
such  fingerprints [to] SHALL be forwarded to the division of [identifi-
cation, New York state department of correction, at  Albany,  New  York]
CRIMINAL  JUSTICE  SERVICES,  and  one  set  [of such fingerprints to be
forwarded to the identification division,]  TO  THE  federal  bureau  of
investigation[,  United  States  department  of  justice, at Washington,
D. C., with the request that such]. SUCH fingerprints shall be  searched
by  each  agency  against  the  fingerprint  records in its files and be

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retained in the files of such agencies [and  the  further  request  that
reports  of  the  results  of  such searches shall be transmitted to the
superintendent of state police].
  4. Reports of the results of such searches [of the fingerprint records
of  the department of correction and of the department of justice] shall
be reviewed by the superintendent of state police prior to  granting  an
appointment[,]  to  determine  whether  a  proposed appointee is thereby
shown to have been convicted of a crime in the state of New York  or  of
any  offense  in  any other place which if committed in the state of New
York would have been a crime and no person who  is  determined  by  such
review to have been so convicted shall receive an appointment under this
section.
  S  138.  Subdivision  a  of  section 63-a of the retirement and social
security law, as added by chapter 722 of the laws of 1996, is amended to
read as follows:
  a. Any member in the uniformed personnel  in  institutions  under  the
jurisdiction  of  the  department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION or a security hospital treatment assistant, as
those terms are defined in subdivision i of section eighty-nine of  this
article,  who  becomes  physically  or  mentally  incapacitated  for the
performance of duties as the natural and proximate result of an  injury,
sustained in the performance or discharge of his or her duties by, or as
the  natural  and proximate result of an act of any inmate or any person
confined in an institution under the jurisdiction of the  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION or office
of mental health, or by any person who has been committed to such insti-
tution by any court shall be  paid  a  performance  of  duty  disability
retirement  allowance  equal to that which is provided in section sixty-
three of this title, subject to the provisions of section sixty-four  of
this title.
  S  139.  Section  89  of  the  retirement  and social security law, as
amended by chapter 578 of the laws of 1989, subdivision i as amended  by
chapter 499 of the laws of 2006, is amended to read as follows:
  S 89. Retirement of members in the uniformed personnel in institutions
under  the  jurisdiction  of  the  department of [correctional services]
CORRECTIONS AND COMMUNITY  SUPERVISION  or  who  are  security  hospital
treatment assistants; new plan. a. Any member in the uniformed personnel
in institutions under the jurisdiction of the department of [correction-
al  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  as hereinafter
defined, who enters or re-enters service on or after the effective  date
of  this  section, or who is a security hospital treatment assistant who
enters or reenters service on or after the effective date of the  amend-
ment  permitting security hospital treatment assistants to be covered by
this section, shall  contribute  on  the  basis  provided  for  by  this
section.
  b.  Any  member  in  the uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION,  as  hereinafter  defined, who entered such
service prior to the effective date of this section may,  on  or  before
September  first,  nineteen  hundred  sixty-six, elect to come under the
provisions of this section. Such election shall be in writing and  shall
be duly executed and filed with the comptroller.
  c.  Any  member  in  the uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION,  as  hereinafter  defined, who entered such
service prior to the effective date of this section, may, on  or  before

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December  thirty-first,  nineteen hundred sixty-six, elect to come under
the provisions of this section. Such election shall be  in  writing  and
shall  be  duly executed and filed with the comptroller. Any such member
who has made an election as set forth herein on or before December thir-
ty-first,  nineteen  hundred  sixty-five, shall be permitted to withdraw
the same and in like manner make a new election on  or  before  December
thirty-first, nineteen hundred sixty-six.
  d. A member who elects or is required to contribute in accordance with
this section shall contribute, in lieu of the proportion of compensation
as  provided  in section twenty-one of this article, a proportion of his
OR HER compensation similarly determined. Such latter  proportion  shall
be  computed  to  provide  at the time when he OR SHE shall first become
eligible for retirement under this section, an annuity equal to  one-one
hundredth of his OR HER final average salary for each year of service as
a  member  rendered  after  May  first, nineteen hundred sixty-five, and
prior to the attainment of the age when he OR  SHE  shall  first  become
eligible  for retirement. Such member's rate of contribution pursuant to
this section shall be appropriately reduced pursuant to  section  seven-
ty-a  of  this  article  for  such period of time as his OR HER employer
contributes pursuant to such section  toward  pensions-providing-for-in-
creased-take-home  pay.  No  such  member  shall be required to continue
contributions after completing twenty-five years of such service.
  e. A member contributing on the basis of this section at the  time  of
retirement,  shall be entitled to retire after the completion of twenty-
five years of total creditable service as defined in  subdivision  i  of
this section, or upon the attainment of age sixty, by filing an applica-
tion therefor in a manner similar to that provided in section seventy of
this article. He OR SHE thereupon shall receive, on retirement a retire-
ment allowance consisting of:
  1.  An  annuity, which shall be the actuarial equivalent of his OR HER
accumulated contributions at the time of his OR HER retirement, plus,
  2. A pension which, together with such annuity and a pension which  is
the  actuarial equivalent of the reserves for-increased-take-home pay to
which he OR SHE may then be entitled, if any, shall  equal  one-fiftieth
of  his  OR HER final average salary for each year of creditable service
in the uniformed personnel in institutions under the jurisdiction of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  or  for  each  year of creditable service as a security hospital
treatment assistant under the  jurisdiction  of  the  office  of  mental
health,  as  hereinafter  defined.    This  pension shall not exceed the
amount needed to make the total amount of the  benefits  provided  under
paragraphs one and two of this subdivision e equal to one-half of his OR
HER final average salary.
  3.  An  additional  pension  equal  to  the pension for any creditable
service rendered while not in the uniformed  personnel  in  institutions
under  the  jurisdiction  of  the  department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION and rendered while not serving  as
a  security  hospital  treatment assistant under the jurisdiction of the
office of mental health, as hereinafter defined, as provided under para-
graphs two and three of subdivision a of section  seventy-five  of  this
article. This pension shall:
  (a)  Be payable only if such member has attained age sixty at the time
of retirement and has not completed twenty-five  years  of  service  for
which he receives credits under this article, and
  (b)  Not  increase the total allowance to more than one-half of his OR
HER final average salary.

S. 2812--A                         221                        A. 4012--A

  For the purpose only of determining the amount of the pension provided
herein, the annuity shall be computed as it would be:
  (aa)  if  not  reduced  by the actuarial equivalent of any outstanding
loan, and
  (bb) if not increased by the actuarial equivalent  of  any  additional
contributions, and
  (cc) if not reduced by reason of the member's election to decrease his
OR  HER annuity contributions to the retirement system in order to apply
the amount of such reduction in payment of his contributions for old-age
and survivors insurance coverage.
  f. The increased pensions to members of  the  uniformed  personnel  in
institutions  under  the jurisdiction of the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION or to  members  who  are
security  hospital  treatment  assistants  under the jurisdiction of the
office of mental health, as provided by this section, shall be paid from
additional contributions made by the state on account  of  such  member.
The  actuary  of  the  retirement  system  shall  compute the additional
contribution of each member who elects to receive the  special  benefits
provided  under  this  section.  Such  additional contributions shall be
computed on the basis of contributions during the prospective service of
such member which will cover the liability of the retirement system  for
such extra pensions.
  g. In computing the twenty-five years of completed service of a member
in the uniformed personnel in institutions under the jurisdiction of the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION or of a member who is a  security  hospital  treatment  assistant
under  the  jurisdiction  of the office of mental health, as hereinafter
defined, full credit shall be given and full allowance shall be made for
service of such member in war after world war 1 as  defined  in  section
two  of  this  chapter,  provided  such member at the time of his OR HER
entrance into the armed forces was in state service.
  h. The provisions of this section shall be controlling notwithstanding
any provision in this article to the contrary.
  i. As used in this section, "uniformed persons" or "uniformed  person-
nel"  in  institutions  under  the  jurisdiction  of  the  department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or  "secu-
rity hospital treatment assistants" under the jurisdiction of the office
of  mental  health mean officers or employees holding the titles herein-
after set forth in institutions under the jurisdiction of the department
of [correctional services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  or
under   the  jurisdiction  of  the  office  of  mental  health,  namely:
correction officers, prison  guards,  correction  sergeants,  correction
lieutenants,  correction  captains,  deputy  assistant superintendent or
warden, deputy warden  or  deputy  superintendent,  superintendents  and
wardens, assistant director and director of correction reception center,
director  of  correctional  program,  assistant director of correctional
program, director of community correctional  center,  community  correc-
tional  center  assistant, correction hospital officers, male or female,
correction hospital senior officers, correction hospital charge officer,
correction hospital supervising officer,  correction  hospital  security
supervisor,  correction  hospital  chief  officer, correction youth camp
officer, correction youth camp supervisor, assistant supervisor, correc-
tional camp superintendent, assistant correctional camp  superintendent,
director  of  crisis  intervention  unit,  assistant  director of crisis
intervention unit,  security  hospital  treatment  assistants,  security
hospital  treatment  assistants  (Spanish  speaking),  security hospital

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senior treatment assistants,  security  hospital  supervising  treatment
assistants  and  security  hospital  treatment  chiefs. Previous service
rendered under the titles by which such positions were  formerly  desig-
nated  and  previous  service  rendered  as a narcotic addiction control
commission officer shall constitute creditable service.  Notwithstanding
any  provision of law to the contrary, any employee of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION who became
enrolled under this section by  reason  of  employment  as  a  uniformed
person  in  an  institution  under the jurisdiction of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION  shall  be
entitled to full retirement credit for, and full allowance shall be made
under  this  section  for  the  service  of such employee, not to exceed
twelve years, while assigned to the training academy or central  office,
in   the   following  titles,  namely:  correction  officer,  correction
sergeant,  correction  lieutenant,  correction   captain,   correctional
services  investigator,  senior  correctional services employee investi-
gator, correctional services fire and safety  coordinator,  director  of
special  housing  and inmate disciplinary program, assistant director of
special housing and inmate  disciplinary  program,  assistant  chief  of
investigations, director of CERT operations, correctional facility oper-
ations  specialist,  director of security staffing project, correctional
security technical services specialist, assistant commissioner and depu-
ty commissioner.
  j. Notwithstanding any provisions of subdivision a, b  or  i  of  this
section  to  the contrary, a member who is in the collective negotiating
unit designated as the security services unit and  established  pursuant
to  article  fourteen of the civil service law and who has elected or is
required to contribute in accordance with this section may, on or before
March thirty-first, nineteen hundred seventy-three, elect to come  under
the  provisions of section seventy-five-h of this article. Such election
shall be duly executed and filed with the comptroller.
  k. Any member who, on or before the effective date of this  provision,
is a security hospital treatment assistant under the jurisdiction of the
office of mental health may, by filing an election within one year after
the  effective  date  of  this  provision,  elect  to  be subject to the
provisions of this section. Such election shall be in writing, shall  be
duly executed and filed with the comptroller and shall be irrevocable.
  S  140.  Section  89-n  of  the retirement and social security law, as
added by chapter 573 of the laws of 1991, is amended to read as follows:
  S 89-n. Computation of twenty-five years of service; correction  offi-
cers. a. Notwithstanding any inconsistent provision of law, in computing
twenty-five  years  of  completed  service by correction officers in all
counties, full credit shall be given and full allowance  shall  be  made
for  service of such member as a correction officer employed by the city
of New York, as a uniformed employee in an institution under the  juris-
diction  of  the  department  of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION, as a security hospital assistant under the juris-
diction of the office of mental health, or as a  correction  officer  in
any  county  in which he or she was eligible to retire after twenty-five
years of total creditable service.
  b. Notwithstanding any inconsistent provision  of  law,  in  computing
twenty-five  years  of  completed  service by state correction officers,
full credit shall be given and full allowance shall be made for  service
of such members as a correction officer employed by the city of New York
as  a uniformed employee in an institution under the jurisdiction of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-

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VISION,  as  a security hospital assistant under the jurisdiction of the
office of mental health, or as a correction officer  in  any  county  in
which  he or she was eligible to retire after twenty-five years of total
creditable service.
  S 141. Subdivision a of section 444 of the retirement and social secu-
rity  law,  as amended by chapter 625 of the laws of 2007, is amended to
read as follows:
  a. Except as provided in subdivision c of section four hundred  forty-
five-a  of  this  article,  subdivision c of section four hundred forty-
five-b of this article, subdivision c of  section  four  hundred  forty-
five-c   of   this  article,  subdivision  c  of  section  four  hundred
forty-five-d of this article as added by chapter four  hundred  seventy-
two  of  the  laws  of  nineteen  hundred  ninety-five, subdivision c of
section four hundred forty-five-e of  this  article,  subdivision  c  of
section  four  hundred forty-five-f of this article and subdivision c of
section four hundred forty-five-h of this article, the  maximum  retire-
ment benefit computed without optional modification provided to a member
of a retirement system who is subject to the provisions of this article,
other  than  a  police officer, a firefighter, an investigator member of
the New  York  city  employees'  retirement  system,  a  member  of  the
uniformed  personnel  in  institutions under the jurisdiction of the New
York city department of correction who receives a  performance  of  duty
disability  retirement allowance, a member of the uniformed personnel in
institutions under the jurisdiction of the department  of  [correctional
services]  CORRECTIONS  AND COMMUNITY SUPERVISION or a security hospital
treatment assistant, as those terms are  defined  in  subdivision  i  of
section  eighty-nine of this chapter, who receives a performance of duty
disability retirement allowance, a  member  of  a  teachers'  retirement
system,  New York city employees' retirement system, New York city board
of education retirement system or a member of the  New  York  state  and
local  employees'  retirement  system  or  a member of the New York city
employees' retirement system or New York city board of education retire-
ment system employed as a special officer, parking  control  specialist,
school  safety agent, campus peace officer, taxi and limousine inspector
or a police communications member and who receives a performance of duty
disability pension, from funds other than those based on a member's  own
or  increased-take-home-pay  contributions,  shall, before any reduction
for early retirement, be sixty per centum of the first fifteen  thousand
three  hundred  dollars of final average salary, and fifty per centum of
final average  salary  in  excess  of  fifteen  thousand  three  hundred
dollars, and forty per centum of final average salary in excess of twen-
ty-seven  thousand  three  hundred  dollars, provided, however, that the
benefits provided by subdivision c of section four hundred  forty-five-d
of this article as added by chapter four hundred seventy-two of the laws
of  nineteen  hundred  ninety-five  based  upon  the  additional  member
contributions required by subdivision d of  such  section  four  hundred
forty-five-d shall be subject to the maximum retirement benefit computa-
tions set forth in this section. The maximum retirement benefit computed
without  optional  modification payable to a police officer, an investi-
gator member of the New York city  employees'  retirement  system  or  a
firefighter  shall equal that payable upon completion of thirty years of
service, except that the maximum  service  retirement  benefit  computed
without  optional  modification shall equal that payable upon completion
of thirty-two years of service.

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  S 142. Section 450 of the  retirement  and  social  security  law,  as
amended  by  chapter  489  of  the  laws  of 1998, is amended to read as
follows:
  S  450.  Definitions.  For  the purposes of this article: (1) the term
"correction officer" shall mean members of the New York state and  local
employees'  retirement  system  who  are  in a plan limited to uniformed
personnel in institutions under the jurisdiction of  the  department  of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or members
of  such  system  who  are  also  in  titles defined in subdivision i of
section eighty-nine of this chapter and correction members  of  the  New
York  city employees' retirement system; (2) the term "police officer or
firefighter" shall mean members of the New York state and  local  police
and  fire  retirement system, the New York city police pension fund, New
York city fire department pension fund, and housing police  members  and
transit  police  members  of  the  New  York  city employees' retirement
system; (3) the term "sanitation man" shall mean sanitation  members  of
the New York city employees' retirement system; and (4) the term "inves-
tigator member" shall mean members who are police officers as defined in
paragraph (g) of subdivision thirty-four of section 1.20 of the criminal
procedure law.
  S 143. Subdivision c of section 503 of the retirement and social secu-
rity  law,  as amended by chapter 622 of the laws of 2004, is amended to
read as follows:
  c. A general member shall be eligible for early service retirement  at
age  fifty-five with five years of credited service. A general member in
the uniformed correction force  of  the  New  York  city  department  of
correction, who is not eligible for early service retirement pursuant to
subdivision c of section five hundred four-a of this article or subdivi-
sion  c  of section five hundred four-b of this article or subdivision c
of section five hundred four-d of this article, or a general  member  in
the  uniformed  personnel  in institutions under the jurisdiction of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION, as defined in subdivision i of section eighty-nine of this chap-
ter  or  serving  in institutions who is also in a title defined in such
subdivision and who has made an election pursuant to the  provisions  of
article  seventeen  of  this  chapter,  shall also be eligible for early
service retirement after twenty-five years of credited service.
  S 144. Subdivisions d and e of  section  504  of  the  retirement  and
social security law, subdivision d as amended by chapter 622 of the laws
of  2004,  and  subdivision  e  as amended by chapter 578 of the laws of
1989, is amended to read as follows:
  d. The early service retirement benefit for  general  members  in  the
uniformed   correction   force  of  the  New  York  city  department  of
correction, who are not entitled to an early service retirement  benefit
pursuant to subdivision c of section five hundred four-a of this article
or  subdivision  c  of  section  five  hundred four-b of this article or
subdivision c of section five hundred four-d of  this  article,  or  for
general  members  in  the  uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION, as defined in subdivision i of section eight-
y-nine  of  this  chapter,  shall  be a pension equal to one-fiftieth of
final average salary times years of credited service at  the  completion
of  twenty-five  years of service, but not in excess of fifty percent of
final average salary.
  e. The early service retirement benefit  for  uniformed  personnel  in
institutions  under  the jurisdiction of the department of [correctional

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services] CORRECTIONS AND COMMUNITY SUPERVISION, as defined in  subdivi-
sion  i  of  section  eighty-nine  of this chapter, or who are in titles
defined in subdivision i of section eighty-nine of this chapter and  who
have made an election pursuant to the provisions of article seventeen of
this  chapter, shall be a pension equal to one-fiftieth of final average
salary times years of credited service at the completion of  twenty-five
years  of  service,  but not in excess of fifty percent of final average
salary.
  S 145. The opening paragraph of subdivision a of section 507-a of  the
retirement  and  social  security  law, as amended by chapter 578 of the
laws of 1989, is amended to read as follows:
  Application for a disability retirement allowance for a member in  the
uniformed  personnel  in  institutions  under  the  jurisdiction  of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  of New York state as defined in subdivision i of section eighty-
nine of this chapter or for a member serving in institutions who is also
in a title defined in such subdivision and  who  has  made  an  election
pursuant  to  the provisions of article seventeen of this chapter or the
New York city department of correction may be made by:
  S 146. Subdivision a of section 507-b of  the  retirement  and  social
security law, as added by chapter 722 of the laws of 1996, is amended to
read as follows:
  a.  Any  member  in  the uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION or a security hospital treatment assistant, as
those  terms are defined in subdivision i of section eighty-nine of this
chapter, who  becomes  physically  or  mentally  incapacitated  for  the
performance  of duties as the natural and proximate result of an injury,
sustained in the performance or discharge of his or her duties by, or as
a natural and proximate result of, an act of any inmate  or  any  person
confined  in  an institution under the jurisdiction of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or  office
of mental health, or by any person who has been committed to such insti-
tution  by  any  court  shall  be  paid a performance of duty disability
retirement allowance equal to that which is provided in  section  sixty-
three  of  this chapter, subject to the provisions of section sixty-four
of this chapter.
  S 147. Subdivision f of section 511 of the retirement and social secu-
rity law, as amended by chapter 667 of the laws of 1996, is  amended  to
read as follows:
  f.  This  section  shall not apply to general members in the uniformed
correction force of the New York city department  of  correction  or  to
uniformed  personnel  in  institutions  under  the  jurisdiction  of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  and  security  hospital treatment assistants, as those terms are
defined in subdivision i of section eighty-nine of this chapter.
  S 148. Subdivisions b and d of  section  516  of  the  retirement  and
social security law, subdivision b as amended by chapter 174 of the laws
of 1989 and subdivision d as amended by chapter 622 of the laws of 2004,
is amended to read as follows:
  b.  The deferred vested benefit of general members, except for general
members in the uniformed correction force of the New York  city  depart-
ment  of  correction  or  uniformed  personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND  COMMUNITY SUPERVISION as defined in subdivision i of section eight-
y-nine of this chapter, with twenty or more years  of  credited  service

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shall be a pension commencing at normal retirement age equal to one-fif-
tieth  of  final  average salary times years of credited service, not in
excess of thirty years, less fifty percent of the primary social securi-
ty  retirement  benefit,  as  provided in section five hundred eleven of
this article. The deferred vested benefit of general members, except for
general members in the uniformed correction force of the New  York  city
department  of  correction  or uniformed personnel in institutions under
the  jurisdiction  of  the   department   of   [correctional   services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  as defined in subdivision i of
section eighty-nine of this chapter, with  less  than  twenty  years  of
credited  service shall be a pension commencing at normal retirement age
equal to one-sixtieth of final average salary times  years  of  credited
service,  less  fifty  percent of the primary social security retirement
benefit, as provided in section five hundred  eleven  of  this  article.
Such deferred vested benefit may be paid in the form of an early service
retirement  benefit,  or  may be postponed until after normal retirement
age, in which event the benefit will be subject to  reduction  or  esca-
lation as provided in subdivision c of section five hundred four of this
article.
  d.  The  deferred  vested  benefit of general members in the uniformed
correction force of the New York city department of correction, who  are
not entitled to a deferred vested benefit under subdivision d of section
five  hundred  four-a  of this article or under subdivision d of section
five hundred four-b of this article or under subdivision  d  of  section
five  hundred  four-d  of  this  article,  or  of general members in the
uniformed personnel  in  institutions  under  the  jurisdiction  of  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, as defined in subdivision i of section eighty-nine of this chap-
ter, with twenty or more years of credited service shall  be  a  pension
commencing at normal retirement age equal to one-fiftieth of final aver-
age  salary  times  years  of  credited service, not in excess of thirty
years. The deferred vested benefit of general members in  the  uniformed
correction  force of the New York city department of correction, who are
not entitled to a deferred vested benefit under subdivision d of section
five hundred four-a of this article or under subdivision  d  of  section
five  hundred  four-b  of this article or under subdivision d of section
five hundred four-d of this  article,  or  of  general  members  in  the
uniformed personnel in institutions under jurisdiction of the department
of  [correctional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION, as
defined in subdivision i of section eighty-nine of  this  chapter,  with
less than twenty years of credited service shall be a pension commencing
at  normal  retirement age equal to one-sixtieth of final average salary
times years of credited service. Such deferred  vested  benefit  may  be
paid in the form of an early service retirement benefit, or may be post-
poned until after normal retirement age, in which event the benefit will
be  subject  to  reduction or escalation as provided in subdivision c of
section five hundred four of this article.
  S 149. Paragraph 2 of subdivision a of section 600 of  the  retirement
and  social security law, as amended by chapter 421 of the laws of 2006,
is amended to read as follows:
  2. (a) Members in the uniformed personnel in  institutions  under  the
jurisdiction  of  the  department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION of New York state, other than certain  persons
as  defined  in  this  section  or  the  New  York  city  department  of
correction.
  (b) For purposes of this paragraph, certain persons means either:

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  (i) a person who is appointed to the title of superintendent, who  has
had  at least seven years of service credited toward the retirement plan
established pursuant to this article while employed by the department of
[correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION  and  who
elects  the  retirement plan established pursuant to this article within
ninety days of his or her appointment.  Such election shall be in  writ-
ing,  shall be duly executed and filed with the comptroller and shall be
irrevocable as long as such person is in the title of superintendent; or
  (ii) a person who serves in the title of superintendent  as  of  April
first,  two  thousand  six,  who has had at least seven years of service
credited toward the retirement plan established pursuant to this article
while employed by the department of [correctional services]  CORRECTIONS
AND COMMUNITY SUPERVISION and who elects the retirement plan established
pursuant  to this article on or before September thirtieth, two thousand
six. Such election shall be in writing, shall be duly executed and filed
with the comptroller and shall be irrevocable as long as such person  is
in the title of superintendent.
  (c)  Any person in the title of superintendent who is eligible to make
an election as described in this section but  who  does  not  make  such
election,  shall  remain  a  member  of the retirement plan that persons
appointed to the title of superintendent join who do not meet the  above
criteria.
  S  150.  Subdivision  8  of  section 20 of the social services law, as
added by chapter 568 of the laws of 2008, is amended to read as follows:
  8. (a) The office of temporary and disability assistance shall promul-
gate rules and regulations for the administration of  this  subdivision.
The  rules  and regulations shall provide for the conditions under which
local social services officials determine the  placement  of  applicants
for  and  recipients  of public assistance for whom a notice pursuant to
[subdivision sixteen of] section two hundred [fifty-nine-c] THREE of the
[executive] CORRECTION law, has been received and who are:
  (i) determined to be in immediate need of shelter; and
  (ii) designated a level two or level three sex  offender  pursuant  to
article six-C of the correction law.
  (b)  When  making  determinations  in  regard to the placement of such
individuals in shelter, local social services officials  shall  consider
the following factors:
  (i)  the location of other sex offenders required to register pursuant
to the sex offender registration act, specifically whether  there  is  a
concentration  of registered sex offenders in a certain residential area
or municipality;
  (ii) the number of registered sex offenders residing at  a  particular
property;
  (iii) proximity of the entities with vulnerable populations;
  (iv)  accessibility  to  family  members,  friends or other supportive
services, including but not limited to locally  available  sex  offender
treatment  programs  with  preference  for placement of such individuals
into programs that  have  demonstrated  effectiveness  in  reducing  sex
offender recidivism and increasing public safety; and
  (v)  investigation  and approval of such placement by the [state divi-
sion of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  S 151. Paragraph (g) of subdivision 5 of  section  62  of  the  social
services  law, as added by chapter 55 of the laws of 1992, is amended to
read as follows:
  (g) (1) When a person applies for medical parole, and is  in  need  of
public  assistance,  including  medical  assistance,  the  department of

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[correctional services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall
cause  an application for such assistance to be forwarded to the depart-
ment of social services.
  (2)  Upon  receipt  of an application for public assistance, including
medical assistance, forwarded by the [state] department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION for persons meeting  the
conditions  of medical parole, financial eligibility for such assistance
and care shall be determined by the New York state department of  social
services prior to the person's parole.
  (3)  Determination  of  continuing  eligibility for public assistance,
including medical assistance, and care will be the responsibility of the
social services district into which such person is released.
  (4) Any inconsistent provision of this chapter or other  law  notwith-
standing,  when  a  person  is  released  on  medical parole pursuant to
section  two  hundred  [fifty-nine-r]  FIFTY-NINE-E   OR   TWO   HUNDRED
FIFTY-NINE-F  of  the executive law and is in need of public assistance,
including medical assistance, the social services district in which such
person was convicted and from which he  or  she  was  committed  to  the
custody of the [state] department of [correctional services] CORRECTIONS
AND  COMMUNITY  SUPERVISION  shall be responsible for the administrative
costs of the initial and any subsequent  eligibility  determination  and
the  costs  of  any  public  assistance,  including  medical assistance,
following such persons release on medical parole for  so  long  as  such
person is eligible therefor.
  S  152.  Subdivision  14 of section 131 of the social services law, as
added by section 11 of part B of chapter 436 of the  laws  of  1997,  is
amended to read as follows:
  14.  (a) Notwithstanding any provision of this chapter or other law to
the contrary, no public assistance shall be given to any individual  who
is  (i)  fleeing to avoid prosecution or custody or conviction under the
laws of the place from which the individual flees for  a  crime,  or  an
attempt to commit a crime, which is a felony under the laws of the place
from  which  the  individual flees or which, in the case of the state of
New Jersey, is a high misdemeanor under the laws of such state  or  (ii)
violating  a  condition  of probation or parole imposed under federal or
state law.
  (b) For purposes of this section, if and to the  extent  permitted  by
federal law, a person shall be considered to be violating a condition of
probation or parole only if:
  (i)  he  or  she  is  currently  an absconder from probation or parole
supervision and a warrant alleging such a violation is outstanding; or
  (ii) he or she has  been  found  by  judicial  determination  to  have
violated probation or by administrative adjudication by the [division of
parole]  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY SUPERVISION to have
violated parole.
  Such person shall  be  considered  to  be  violating  a  condition  of
probation  or  parole  only  until he or she is restored to probation or
parole supervision or released from custody, or until the expiration  of
the  person's  maximum  period of imprisonment or supervision, whichever
occurs first.
  (c) A person considered to be violating a condition  of  probation  or
parole  under  this  section  shall  include a person who is violating a
condition of probation or parole imposed under federal law.
  (d) For purposes of this section, probation or  parole  shall  include
conditional release, wherever applicable.

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  S  153.  Subparagraph (k) of paragraph (A) of subdivision 4 of section
422 of the social services law, as amended by chapter 12 of the laws  of
1996, is amended to read as follows:
  (k)  a probation service conducting an investigation pursuant to arti-
cle three or seven or section six  hundred  fifty-three  of  the  family
court  act  where  there  is  reason to suspect the child or the child's
sibling may have been abused or maltreated and such  child  or  sibling,
parent,  guardian or other person legally responsible for the child is a
person named in an indicated report of child abuse or  maltreatment  and
that  such information is necessary for the making of a determination or
recommendation to the court; or a probation service regarding  a  person
about  whom  it is conducting an investigation pursuant to article three
hundred ninety of the criminal procedure law, or a probation service  or
the  [state  division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION regarding a person to whom the service or [division] DEPART-
MENT is providing supervision pursuant to article sixty of the penal law
or [section two hundred fifty-nine-a of the executive law] ARTICLE EIGHT
OF THE CORRECTION LAW, where the subject of investigation or supervision
has been convicted of a felony under article  one  hundred  twenty,  one
hundred  twenty-five  or one hundred thirty-five of the penal law or any
felony or misdemeanor under article  one  hundred  thirty,  two  hundred
thirty-five,  two  hundred  forty-five, two hundred sixty or two hundred
sixty-three of the penal law, or has been indicted for any  such  felony
and,  as  a  result,  has been convicted of a crime under the penal law,
where the service or [division] DEPARTMENT requests the information upon
a certification that such information is necessary to conduct its inves-
tigation, that there is reasonable cause to believe that the subject  of
an investigation is the subject of an indicated report and that there is
reasonable  cause  to  believe  that  such  records are necessary to the
investigation by the probation service or the [state division of parole]
DEPARTMENT, provided, however, that  only  indicated  reports  shall  be
furnished pursuant to this subdivision;
  S  154. Subdivision 11 of section 460-d of the social services law, as
amended by section 42 of part B of chapter 58 of the laws  of  2004,  is
amended to read as follows:
  11.  On or before issuance by the department to an adult care facility
operator of official written notice of: the proposed revocation, suspen-
sion or denial of the operator's operating certificate;  the  limitation
of  the  operating certificate with respect to new admissions; the issu-
ance of a department order or commissioner's order; the seeking of equi-
table relief pursuant to this section; the proposed assessment of  civil
penalties  for violations of the provisions of subparagraph two of para-
graph (b) of subdivision seven of this section or placement on  the  "do
not refer list" pursuant to subdivision fifteen of this section, written
notice  also  shall be given to the appropriate office of the department
of mental hygiene, department of [correctional services, state  division
of  parole]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  and  local social
services districts, and provided further that the department  of  health
shall notify hospitals in the locality in which such facility is located
that  such  notice  has been issued. Upon resolution of such enforcement
action the department shall notify the appropriate office of the depart-
ment of mental hygiene,  department  of  [correctional  services,  state
division  of parole] CORRECTIONS AND COMMUNITY SUPERVISION, local social
services districts and hospitals.

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  S 155. Subdivision 1 of section 102 of the state administrative proce-
dure act, as amended by chapter 635 of the laws of 1995, is  amended  to
read as follows:
  1. "Agency" means any department, board, bureau, commission, division,
office,  council, committee or officer of the state, or a public benefit
corporation or public  authority  at  least  one  of  whose  members  is
appointed  by  the  governor, authorized by law to make rules or to make
final decisions in adjudicatory proceedings but shall  not  include  the
governor,  agencies  in  the legislative and judicial branches, agencies
created by interstate compact or international agreement,  the  division
of  military  and naval affairs to the extent it exercises its responsi-
bility for military and naval affairs, the division of state police, the
identification and intelligence unit of the division of criminal justice
services, the state insurance fund, the  unemployment  insurance  appeal
board, and except for purposes of subdivision one of section two hundred
two-d  of  this  chapter, the workers' compensation board and except for
purposes of article two of this chapter, the [state division  of  parole
and the] department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION.
  S  156. Subdivision 12 of section 8 of the state finance law, as sepa-
rately amended by chapters 305 and 477 of the laws of 1985,  is  amended
to read as follows:
  12.  Notwithstanding any inconsistent provision of the court of claims
act, examine, audit and certify for  payment  any  claim  submitted  and
approved  by  the  head  of  any institution in the department of mental
hygiene, the  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION,  the  department  of health or the [division for
youth] OFFICE OF CHILDREN AND  FAMILY  SERVICES  for  personal  property
damaged  or destroyed by any inmate thereof, or for personal property of
an employee damaged or destroyed without fault on his part, by a fire in
said institution; or any claim submitted and approved by the head of any
institution in the department of mental hygiene  or  the  [division  for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES for real or personal prop-
erty damaged or destroyed or for personal injuries caused by any patient
during thirty days from the date of his escape from such institution; or
any  claim  submitted  and  approved  by  the  [chairman of the board of
parole] COMMISSIONER OF THE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION  for  personal  property of an employee damaged or destroyed
without fault on his part as a result of actions unique to the  perform-
ance  of  his  official  duties in accordance with rules and regulations
promulgated  by  the  [chairman]  COMMISSIONER  OF  THE  DEPARTMENT   OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  with the approval of the comp-
troller; or any claim submitted and approved by the chief  administrator
of  the  courts  for  personal  property  of any judge or justice of the
unified court system or of any nonjudicial officer or  employee  thereof
damaged  or destroyed, without fault on his part, by any party, witness,
juror or bystander to court proceedings, provided no such claim  may  be
certified  for  payment to a nonjudicial officer or employee who is in a
collective negotiating unit until the chief administrator shall  deliver
to the comptroller a certificate that there is in effect with respect to
such negotiating unit a written collective bargaining agreement with the
state  pursuant  to  article  fourteen  of  the  civil service law which
provides therefor; or any claim submitted and  approved  by  the  super-
intendent of state police for personal property of a member of the state
police  damaged  or  destroyed  without fault on his part as a result of
actions unique to the performance of police duties  in  accordance  with

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rules  and  regulations  promulgated  by  the  superintendent  with  the
approval of the comptroller; or any claim submitted and approved by  the
head  of  a  state department or agency having employees in the security
services  unit or the security supervisors unit for personal property of
a member of such units damaged or destroyed without fault on his part as
a result of actions unique to the performance of law enforcement  duties
in  accordance  with rules and regulations promulgated by the department
or agency  head,  after  consultation  with  the  employee  organization
representing  such  units  and  with the approval of the comptroller and
payment of any such claim shall not exceed  the  sum  of  three  hundred
fifty  dollars.  Where  an  agreement  between the state and an employee
organization reached pursuant to the provisions of article  fourteen  of
the  civil  service law provides for payments to be made to employees by
an institution, such payments for claims not in excess  of  seventy-five
dollars,  or  one hundred fifty dollars if otherwise provided in accord-
ance with the terms of such agreement, may be made  from  a  petty  cash
account  established  pursuant  to  section  one hundred fifteen of this
chapter, and in the manner prescribed therein.
  S 157. Subdivision 12-g of section 8 of  the  state  finance  law,  as
amended  by section 37 of part A-1 of chapter 56 of the laws of 2010, is
amended to read as follows:
  12-g. Notwithstanding any other provision of the court of  claims  act
or  any  other  law  to the contrary, thirty days before the comptroller
issues a check for payment to an inmate serving a sentence of  imprison-
ment  with the [state] department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION or to a prisoner confined at a  local  correc-
tional facility for any reason, including a payment made in satisfaction
of  any  damage  award  in  connection with any lawsuit brought by or on
behalf of such inmate or prisoner  against  the  state  or  any  of  its
employees  in  federal  court  or any other court, the comptroller shall
give written notice, if required pursuant to subdivision two of  section
six  hundred  thirty-two-a of the executive law, to the office of victim
services that such payment shall be made thirty days after the  date  of
such notice.
  S 158. Subparagraph 4 of paragraph a of subdivision 1 of section 54 of
the  state  finance law, as added by chapter 430 of the laws of 1997, is
amended to read as follows:
  (4) Population excludes the reservation and school  Indian  population
and  inmates of [state] institutions under the direction, supervision or
control of the state department of [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION and the state department of mental hygiene and
the  inmates of state institutions operated and maintained by the [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
  S 159. Subdivisions 3 and 4 of section 97-cc of the state finance law,
as added by chapter 338 of the laws of 1989,  are  amended  to  read  as
follows:
  3. Moneys within the rehabilitative alcohol and substance abuse treat-
ment fund, upon appropriation by the legislature, shall be available [to
the division of parole and] to the department of [correctional services]
CORRECTIONS  AND  COMMUNITY SUPERVISION for the operation of alcohol and
substance  abuse  treatment  facilities,  alcohol  and  substance  abuse
correctional  annexes  and  residential treatment facilities, including,
but not limited to, the payment of private  sector  treatment  providers
and  for  providing  alcohol  and  substance abuse treatment services to
persons  under  the  supervision  of  the   [division]   DEPARTMENT   OF
CORRECTIONS AND COMMUNITY SUPERVISION.

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  4.  Moneys, shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by  the  commissioner
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 160. Section 97-ooo of the state finance law, as added by section 10
of  part  B  of  chapter  57  of the laws of 1998, is amended to read as
follows:
  S 97-ooo.  [Division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNI-
TY SUPERVISION asset forfeiture account. 1. There is hereby  established
in  the  joint  custody  of  the  state comptroller and the [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  a  special
account within the miscellaneous special revenue fund to be known as the
[division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
asset  forfeiture account. Such account shall consist, subject to neces-
sary federal approval, of moneys received by the  [division  of  parole]
DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION through the equita-
ble sharing that is authorized in federal forfeiture actions.
  2. The moneys of the account shall be available for purposes of devel-
oping additional resources such as, but not limited to, obtaining equip-
ment, establishing training programs, or accessing  existing  technology
or databases.
  3. The [chairman of the board] COMMISSIONER of [parole] THE DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION shall report to the commission-
er  of  the  division  of criminal justice services, the director of the
budget, the chairman of the senate finance committee and the chairman of
the assembly ways and means committee by October first, nineteen hundred
ninety-eight and every six months thereafter, on the source and  amounts
of  moneys  in  the  account.  Such  report shall describe the amount of
moneys received by the federal government and the [division  of  parole]
DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  from the joint
activities of the [division]  DEPARTMENT  and  federal  law  enforcement
agencies,  the  law  enforcement activities which led to such forfeiture
and the value of the assets so seized.
  4. The moneys of such account shall be made available on the audit and
warrant of the comptroller on vouchers  certified  or  approved  by  the
[chairman]   COMMISSIONER   of  the  [board  of  parole]  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  S 161. Paragraphs (a) and (b) of subdivision 3 of section 99-m of  the
state  finance law, as added by section 2 of part E of chapter 56 of the
laws of 2005, are amended to read as follows:
  (a) An individual or entity ("administrator"), appointed by the gover-
nor in consultation with the temporary  president  of  the  senate,  the
speaker  of  the  assembly,  and  representatives of eligible claimants,
shall develop the compensation payment plan.  Such  administrator  shall
not be entitled to salary or remuneration for his/her services; however,
reasonable expenses directly connected to the conduct of the administra-
tor's  duties  shall  be  paid  through  the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.
  (b) The administrator shall receive from each claimant  an  accounting
of  the injuries suffered by the state employee victim during the course
of the Attica riots. The administrator shall determine and promulgate to
potential claimants through the department  of  [correctional  services]
CORRECTIONS  AND COMMUNITY SUPERVISION the means and dates by which said
accountings of injuries shall be submitted and determined. To the extent
any inconsistency or discrepancy in accounts  of  injuries  suffered  is
identified,  the  administrator  may  rely  upon  the  assistance of the

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report, research, and documentation regarding the Attica riots  compiled
by the Attica task force created in March of two thousand one.
  S  162. Section 125 of the state finance law, as amended by chapter 37
of the laws of 1962, is amended to read as follows:
  S 125. Fiscal supervision of certain  institutions.    Notwithstanding
any  other  provision  of law relative to the supervision and control by
departments of any  of  the  institutions  under  the  jurisdiction  and
control  of  the  [department of social welfare] OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, the  department  of  health,  the  department  of
mental hygiene and the department of [correction] CORRECTIONS AND COMMU-
NITY  SUPERVISION  on the first day of January, nineteen hundred thirty-
nine and of any institution which shall hereafter be under the jurisdic-
tion of such departments, such department  shall  have  the  powers  and
duties prescribed by this article with respect to such institution. This
section  shall  not  impair  or affect the powers of the commissioner of
general services under the provisions of article eleven of this  chapter
with  respect  to estimates made pursuant to this section so far as they
constitute a requisition for material, equipment or supplies.
  S 163. Subdivision 1 of section 128  of  the  state  finance  law,  as
amended  by  chapter  471  of  the  laws  of 1980, is amended to read as
follows:
  1. Any personal property, and  any  interest  or  increments  accruing
thereon,  belonging or credited to a person in any institution under the
jurisdiction of the [department of social services] OFFICE OF  TEMPORARY
AND  DISABILITY  ASSISTANCE, the department of health, the department of
mental hygiene, the executive department, or the department of  [correc-
tional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION who shall have
been discharged from such institution or who shall have died or  escaped
before  discharge  or  before  termination  of sentence, which is in the
custody of the proper officer of such institution, shall,  if  unclaimed
by  such  discharged or escaped person or by the legal representative of
such deceased person for a period of six  months  after  the  discharge,
decease  or  escape  of  such person, be fully inventoried and a copy of
such inventory shall be filed with the commissioner of  such  department
having  jurisdiction  over  such  institution  and  with the state comp-
troller.
  S 164. Paragraph a of subdivision 2, paragraphs a and b of subdivision
3, subparagraph (i) of paragraph a of subdivision 4, subdivision  5  and
paragraphs  a and d of subdivision 6 of section 162 of the state finance
law, as added by chapter 83 of the laws  of  1995  and  paragraph  a  of
subdivision 2 as amended by chapter 501 of the laws of 2002, are amended
to read as follows:
  a.  Commodities produced by the [department of correctional services']
correctional industries program OF THE  DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY  SUPERVISION and provided to the state pursuant to subdivision
two of section one hundred eighty-four of the correction law;
  [fa] A.  By December thirty-first, nineteen hundred  ninety-five,  the
commissioner,  in  consultation  with the commissioners of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION, [social  services]  THE
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, mental health and education, shall prepare a list
of all commodities  and  services  that  are  available  and  are  being
provided as of said date, for purchase by state agencies, public benefit
corporations  or  political  subdivisions  from  those entities accorded
preference or priority status under this section. Such list may  include
references to catalogs and other descriptive literature which are avail-

S. 2812--A                         234                        A. 4012--A

able  directly  from  any  provider accorded preferred status under this
section. The commissioner shall make this list available to  prospective
vendors, state agencies, public benefit corporations, political subdivi-
sions  and  other  interested  parties. Thereafter, new or substantially
different  commodities  or  services  may  only  be  made  available  by
preferred  sources  for  purchase  by more than one state agency, public
benefit corporation or political  subdivision  after  addition  to  said
list.
  b. After January first, nineteen hundred ninety-six, upon the applica-
tion  of  the  commissioner  of  [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION, the commissioner of [social services] THE  OFFICE
OF  CHILDREN AND FAMILY SERVICES, THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE, the commissioner of mental health  or  the  commissioner  of
education,  or a non-profit-making facilitating agency designated by one
of the said commissioners pursuant to paragraph e of subdivision six  of
this  section,  the  state  procurement  council  may recommend that the
commissioner: (i) add commodities or services to, or (ii)  in  order  to
insure that such list reflects current production and/or availability of
commodities  and  services, delete at the request of a preferred source,
commodities or services from, the list established  by  paragraph  a  of
this  subdivision.  The council may make a non-binding recommendation to
the relevant preferred source to delete a commodity or service from such
list. Additions may be made only for new services or commodities, or for
services or commodities that  are  substantially  different  from  those
reflected  on said list for that provider. The decision to recommend the
addition of services or commodities shall be  based  upon  a  review  of
relevant  factors as determined by the council including costs and bene-
fits to be derived from such addition and shall include an  analysis  by
the  office of general services conducted pursuant to subdivision six of
this section.  Unless the state procurement council shall make a  recom-
mendation to the commissioner on any such application within one hundred
twenty  days of receipt thereof, such application shall be deemed recom-
mended. In the event that the state procurement council shall  deny  any
such  application,  the  commissioner  or non-profit-making agency which
submitted such application may,  within  thirty  days  of  such  denial,
appeal  such  denial  to  the commissioner of general services who shall
review all materials submitted to the  state  procurement  council  with
respect to such application and who may request such further information
or  material as is deemed necessary. Within sixty days of receipt of all
information or materials deemed necessary, the commissioner shall render
a written final decision on the application which shall be binding  upon
the applicant and upon the state procurement council.
  (i)  When commodities are available, in the form, function and utility
required by a state agency, public authority, commission, public benefit
corporation or political subdivision, said commodities must be purchased
first from  the  [department  of  correctional  services']  correctional
industries program OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION;
  5.  Prices  charged  by  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION.   The prices to  be  charged  for
commodities  produced  by  the  [department  of  correctional services']
correctional industries program OF THE  DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY  SUPERVISION  shall  be  established  by  the  commissioner of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION in accord-
ance with section one hundred eighty-six of the correction law.

S. 2812--A                         235                        A. 4012--A

  a.  The  prices  established  by  the  commissioner  of  [correctional
services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall be based upon
costs as determined pursuant to this subdivision, but shall not exceed a
reasonable fair market price determined at or within ninety days  before
the  time  of  sale. Fair market price as used herein means the price at
which a vendor of the same or similar product or service who is regular-
ly engaged in the business of selling such product or service offers  to
sell  such  product  or  service under similar terms in the same market.
Costs shall be determined in accordance with an  agreement  between  the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION and the director of the budget.
  b.  A  purchaser of any such product or service may, at any time prior
to or within thirty days of the time of sale, appeal the purchase  price
in accordance with section one hundred eighty-six of the correction law,
on  the  basis  that  it unreasonably exceeds fair market price. Such an
appeal shall be decided by a  majority  vote  of  a  three-member  price
review  board consisting of the director of the budget, the commissioner
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION and the
commissioner or their representatives. The decision of the review  board
shall be final.
  a.  Except  with respect to the [department of correctional services']
correctional industries program OF THE  DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY  SUPERVISION,  it  shall  be  the  duty of the commissioner to
determine, and from time to time review, the prices of  all  commodities
and  to  approve the price of all services provided by preferred sources
as specified in this section offered to state agencies, political subdi-
visions or public  benefit  corporations  having  their  own  purchasing
office.
  d.  Such qualified charitable non-profit-making agencies for the blind
and other severely disabled may make purchases of  materials,  equipment
and supplies [from the department of correctional services' correctional
industries  program,]  directly from the correctional industries program
administered by the commissioner of [correctional services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION, subject to such rules as may be established
from time to time pursuant to the  correction  law;  provided  that  the
qualified  charitable  non-profit-making  agency  for the blind or other
severely disabled shall accept sole responsibility for any  payment  due
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION.
  S 165. Subparagraph (viii) of paragraph a of subdivision 3 of  section
163  of  the  state  finance  law, as added by chapter 83 of the laws of
1995, is amended to read as follows:
  (viii) The commissioner may permit and prescribe the  conditions  for,
(A)  any  association, consortium or group of privately owned or munici-
pal, federal or state owned  or  operated  hospitals,  medical  schools,
other  health  related facilities or voluntary ambulance services, which
have entered into a contract and made mutual arrangements for the  joint
purchase of commodities pursuant to section twenty-eight hundred three-a
of the public health law; (B) any institution for the instruction of the
deaf  or  of  the  blind  listed in section forty-two hundred one of the
education law; (C) any qualified non-profit-making agency for the  blind
approved by the commissioner of [social services] THE OFFICE OF CHILDREN
AND   FAMILY   SERVICES  OR  THE  OFFICE  OF  TEMPORARY  AND  DISABILITY
ASSISTANCE; (D) any qualified charitable  non-profit-making  agency  for
the severely disabled approved by the commissioner of education; (E) any
hospital or residential health care facility as defined in section twen-

S. 2812--A                         236                        A. 4012--A

ty-eight  hundred one of the public health law; (F) any private not-for-
profit mental hygiene facility as defined in section 1.03 of the  mental
hygiene  law; and (G) any public authority or public benefit corporation
of  the  state,  including the port authority of New York and New Jersey
and the interstate environmental commission,  to  make  purchases  using
centralized  contracts for commodities. Such qualified non-profit-making
agencies for the blind and severely disabled may make purchases from the
[department of correctional services'] correctional  industries  program
OF  THE  DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION subject to
rules pursuant to the correction law.
  S 166. Section 401 of the state technology law, as added by section  1
of part E of chapter 1 of the laws of 2004, and as renumbered by chapter
741 of the laws of 2005, is amended to read as follows:
  S  401.  Statewide  wireless network advisory council. There is hereby
established within  the  office  for  technology  a  statewide  wireless
network  advisory council. The advisory council shall consist of twenty-
seven members. The governor shall appoint two members and the  temporary
president  of  the  senate  and  the  speaker of the assembly shall each
appoint four members. One of the governor's appointments  and  three  of
the  appointments  of  the  temporary president of the senate and of the
speaker of the assembly shall be a member, officer,  or  employee  of  a
first  responder  organization  that serves a municipal corporation. One
each of the appointments of the temporary president of the senate and of
the speaker of the assembly shall possess  expertise  in  the  field  of
communications  technology  but no appointee shall be the owner, princi-
pal, or employee of an entity that has a contract with the state of  New
York or that vends communications products to any state or local govern-
ment. An organization shall be considered a first responder organization
if it provides policing, firefighting, or emergency medical services, as
defined  in  subdivision  eleven  of  section  three  hundred two of the
retirement and social security  law,  subdivision  two  of  section  one
hundred  of  the  general  municipal  law, subdivisions one, two, three,
four, five, six, and seven of section three thousand one of  the  public
health  law,  and  section six hundred fifty of the county law. In addi-
tion, the temporary president of the  senate  and  the  speaker  of  the
assembly  shall  each designate one member of their respective houses to
serve on the advisory council. Ex officio members of the  council  shall
be  the  director of the office of homeland security, the superintendent
of the state police, the director of  the  office  for  technology,  the
commissioner  of  the  department  of  health,  the  commissioner of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION,  the  commissioner  of  the  department  of  transportation, the
commissioner of the department of environmental conservation, the chair-
person of the thruway authority, the state  fire  administrator  of  the
office of fire prevention and control, the chief judge of the state, the
commissioner  of  the  division of criminal justice services, the chair-
person of the metropolitan transportation authority, a designee  of  the
law enforcement council and the designee of the mayor of the city of New
York,  or  their  designees.  The  chief information officer of New York
state shall be the chair of the advisory council.
  S 167. Section 2222-a of  the  surrogate's  court  procedure  act,  as
amended  by section 45 of part A-1 of chapter 56 of the laws of 2010, is
amended to read as follows:
S 2222-a. Notice of legacy or distributive share payable  to  inmate  or
               prisoner

S. 2812--A                         237                        A. 4012--A

  Where  the  legatee, distributee or beneficiary is an inmate serving a
sentence of imprisonment with  the  state  department  of  [correctional
services]  CORRECTIONS  AND COMMUNITY SUPERVISION or a prisoner confined
at a local correctional facility, the court shall  give  prompt  written
notice  to  the  office  of victim services, and at the same time direct
that no payment be made to such inmate or prisoner for a period of thir-
ty days following the date of entry of the order containing such  direc-
tion.
  S  168.  Subdivision  (d)  of  section 484 of the tax law, as added by
chapter 860 of the laws of 1987, is amended to read as follows:
  (d) The provisions of this article shall not be applicable to any sale
as to which the tax imposed by section four hundred seventy-one of  this
chapter is not applicable or to a sale to the department of [correction-
al  services]  CORRECTIONS  AND  COMMUNITY SUPERVISION of this state for
sale to or use by inmates in institutions under the jurisdiction of such
department.
  S 169. Subdivision (c) of section 1846 of the tax  law,  as  added  by
chapter 65 of the laws of 1985, is amended to read as follows:
  (c) In the alternative, if the tax commission concludes that any ciga-
rettes  seized  pursuant  to  this section, when offered at public sale,
will bring a price less than the reasonably estimated  price  which  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION would have to pay for the purchase of such cigarettes for sale to
or use by inmates in institutions under the jurisdiction of such depart-
ment, the tax commission may dispose of such cigarettes by  transferring
them to the department of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION for sale to or use by inmates in such institutions.
  S  170.  Subdivision (c) of section 1846-a of the tax law, as added by
chapter 61 of the laws of 1989, is amended to read as follows:
  (c) In the alternative, if the commissioner concludes that any tobacco
products seized pursuant to this section, when offered at  public  sale,
will  bring  a  price less than the reasonably estimated price which the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  would  have to pay for the purchase of such tobacco products for
sale to or use by inmates in institutions under the jurisdiction of such
department, the commissioner may dispose of  such  tobacco  products  by
transferring   them   to   the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION for sale to or use by  inmates  in
such institutions.
  S  171.  Section  25-a of the town law, as added by chapter 295 of the
laws of 1949, is amended to read as follows:
  S 25-a. Fingerprints of persons before appointment as town  policemen,
or  as constables possessing powers in criminal matters. No person shall
be appointed or reappointed a member of  the  police  department,  or  a
special  policeman,  or  a constable not limited to powers and duties in
civil actions and proceedings only, in any town, who shall not previous-
ly, for the purposes of this section, have  submitted  fingerprints  [of
his  two  hands]  IN  THE  FORM AND MANNER PRESCRIBED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES to the town board or other board or officer of
the town empowered by law to make such appointment or reappointment, and
it shall be the duty of  such  board  or  officer,  before  making  such
appointment  or  reappointment,  to compare or cause to be compared such
fingerprints with fingerprints  filed  with  the  division  of  criminal
[identification of the state department of correction] JUSTICE SERVICES;
provided,  however,  that in any case where the fingerprints of any such
person shall once have been submitted pursuant to this section  and  are

S. 2812--A                         238                        A. 4012--A

on  file  with the board empowered to make the appointment or reappoint-
ment, no new submission thereof shall be required, nor shall such  board
be  required to make or cause to be made such comparison if such compar-
ison  shall  have  been  made  previously  pursuant  to this section and
certification thereof by such department is on file with such board.
  S 172. Section 109-a of the vehicle and traffic  law,  as  amended  by
chapter 370 of the laws of 2000, is amended to read as follows:
  S 109-a. Correction vehicle. Every vehicle operated in the city of New
York by the New York city department of correction or the New York state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION while engaged in an emergency operation.
  S 173. Subdivision 3 of section 10 of the workers'  compensation  law,
as  amended  by  chapter  244 of the laws of 2002, is amended to read as
follows:
  3. Notwithstanding any other  provisions  of  this  chapter,  where  a
public  safety worker, including but not limited to a firefighter, emer-
gency medical technician, police officer, correction  officer,  civilian
employee  of  the department of corrections AND COMMUNITY SUPERVISION or
other person employed by the state to work within a correctional facili-
ty maintained by the department of [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION, driver and medical observer, in the course of
performing  his  or  her duties, is exposed to the blood or other bodily
fluids of another individual or individuals, the  executive  officer  of
the  appropriate  ambulance,  fire or police district may authorize such
public safety worker to obtain the care and treatment, including diagno-
sis, recommended medicine and other medical  care  needed  to  ascertain
whether  such  individual  was exposed to or contracted any communicable
disease and such care and treatment shall be the responsibility  of  the
insurance  carrier of the appropriate ambulance, fire or police district
or, if a public safety worker was  not  so  exposed  in  the  course  of
performing his or her duties for such a district, then such person shall
be  covered  for  the  treatment provided for in this subdivision by the
carrier of his or her employer when such person is acting in  the  scope
of  his or her employment. For the purpose of this subdivision, the term
"public safety worker" shall include persons who act for payment or  who
act  as  volunteers in an organized group such as a rescue squad, police
department, correctional facility, ambulance corps, fire department,  or
fire company.
  S 174. This act shall take effect immediately, provided that:
  1.  the  amendments  to  section  72-a  of  the correction law made by
section seven of this act  shall  not  affect  the  expiration  of  such
section and shall expire and be deemed repealed therewith;
  2.  the amendments to section 91 of the correction law made by section
ten of this act shall take effect on the same date as the  reversion  of
such  section  as  provided  in section 8 of part H of chapter 56 of the
laws of 2009, as amended;
  3. the amendments to section 92 of the correction law made by  section
eleven  of  this act shall take effect on the dame date as the reversion
of such section as provided in section 8 of part H of chapter 56 of  the
laws of 2009, as amended;
  4.  the  amendments  to  section  140-a  of the correction law made by
section sixteen of this act shall not affect the repeal of such  section
and shall be deemed repealed therewith;
  5. the amendments to section 803 of the correction law made by section
thirty-seven  of  this  act  shall  be subject to the expiration of such
section and shall expire and be deemed repealed therewith;

S. 2812--A                         239                        A. 4012--A

  6. the amendments to section 803 of the correction law made by section
thirty-eight of this act shall take effect  on  the  same  date  as  the
reversion  of such section as provided in section 74 of chapter 3 of the
laws of 1995, as amended;
  7. the amendments to section 806 of the correction law made by section
forty  of this act shall not affect the repeal of such section and shall
expire and be deemed repealed therewith;
  8. the amendments to subdivision 1 of section 851  of  the  correction
law  made by section forty-one of this act shall be subject to the expi-
ration and reversion of such subdivision pursuant to section 5 of  chap-
ter  554  of  the  laws  of  1986,  as  amended, when upon such date the
provisions of section forty-one-a of this act shall take effect;
  9. the amendments to subdivision 1 of section 851  of  the  correction
law  made  by  section  forty-one-a  of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section  10  of
chapter  339  of  the  laws of 1972, as amended, when upon such date the
provisions of section forty-one-b of this act shall take effect;
  10. the amendments to  the  closing  paragraph  of  subdivision  2  of
section  851 of the correction law made by section forty-two of this act
shall be subject to the expiration and  reversion  of  such  subdivision
pursuant  to  section  46 of chapter 60 of the laws of 1994, as amended,
when upon such date the provisions of section forty-three  of  this  act
shall take effect;
  10-a. the amendments to subdivision 5 of section 851 of the correction
law made by section forty-three-a of this act shall take effect upon the
expirations  of section 42 of chapter 60 of the laws of 1994, section 10
of chapter 339 of the laws of 1972 and section 3 of chapter 554 of  laws
of 1986;
  11.  the  amendments to subdivision 5 of section 852 of the correction
law made by section forty-four of this act shall not affect the  expira-
tion  and  reversion  of  such  section  and  shall expire and be deemed
repealed therewith;
  12. the amendments to subdivision 2 of section 852 of  the  correction
law made by section forty-five of this act shall take effect on the same
date as the reversion of such section as provided in section 10 of chap-
ter 339 of the laws of 1972, as amended;
  13.  the  amendments to subdivision 2 of section 854 of the correction
law made by section forty-six of this act shall take effect on the  same
date  as the reversion of section 856 as provided in section 10 of chap-
ter 339 of the laws of 1972, as amended;
  14. the amendments to subdivision 6 of section 855 of  the  correction
law  made  by  section  forty-seven  of this act shall be subject to the
expiration and reversion of such section pursuant to section 10 of chap-
ter 339 of the laws of  1972,  as  amended,  when  upon  such  date  the
provisions of section forty-eight of this act shall take effect;
  15.  the  amendments  to  subdivision (f) of section 1101 of the civil
practice law and rules made by section fifty-one of this act  shall  not
affect the expiration and reversion of such subdivision and shall expire
and be deemed repealed therewith;
  16. the amendments to subdivisions 2 and 4 of section 209 of the civil
service  law made by section sixty-four of this act shall not affect the
expiration of such subdivisions and shall expire and be deemed  repealed
therewith;
  17.  the  amendments  to  subdivision  9 of section 10 of the court of
claims act made by section sixty-seven of this act shall not affect  the

S. 2812--A                         240                        A. 4012--A

expiration  of  such subdivision and shall expire and be deemed repealed
therewith;
  18.  the  amendments  to  section 410.91 of the criminal procedure law
made by section seventy-six of this act shall not affect the  repeal  of
such section and shall expire and be deemed repealed therewith;
  19.  the  amendments  to subdivisions 2 and 4 of section 430.20 of the
criminal procedure law made by section seventy-seven of this  act  shall
be subject to the expiration and reversion of such subdivisions pursuant
to  section  74  of chapter 3 of the laws of 1995, as amended, when upon
such date the provisions of section seventy-eight of this act shall take
effect;
  20. the amendments to section 83-m of  the  legislative  law  made  by
section  one hundred eighteen of this act shall not affect the repeal of
such section and shall expire and be deemed repealed therewith;
  21. the amendments to subdivision 7 of section 70.06 of the penal  law
made  by  section  one hundred twenty-three of this act shall not affect
the repeal of such subdivision and shall expire and be  deemed  repealed
therewith;
  22.  the  amendments  to  subdivisions 1 and 3 of section 70.20 of the
penal law made by section one hundred twenty-four of this act  shall  be
subject to the expiration and reversion of such subdivisions pursuant to
section  74 of chapter 3 of the laws of 1995, as amended, when upon such
date the provisions of section one hundred twenty-five of this act shall
take effect;
  23. the amendments to  the  opening  paragraph  of  subdivision  1  of
section 70.30 of the penal law made by section one hundred twenty-six of
this  act shall be subject to the expiration and reversion of such para-
graph pursuant to section 74 of chapter  3  of  the  laws  of  1995,  as
amended, when upon such date the provisions of section one hundred twen-
ty-seven of this act shall take effect;
  24.  the amendments to subdivision 7 of section 70.30 of the penal law
made by section one hundred twenty-six of this act shall not affect  the
expiration  of  such subdivision and shall expire and be deemed repealed
therewith;
  25. the amendments to section 70.35 of the penal law made  by  section
one  hundred  twenty-seven-a of this act shall be subject to the expira-
tion and reversion of such section pursuant to section 74 of  chapter  3
of  the  laws of 1995, as amended, when upon such date the provisions of
section one hundred twenty-seven-b of this act shall take effect;
  26. the amendments to paragraph (a) of subdivision 1 of section  70.40
of  the penal law made by section one hundred twenty-seven-c of this act
shall be subject to the expiration and reversion of such paragraph, when
upon such date the provisions of section one hundred  twenty-seven-d  of
this act shall take effect;
  27.  the amendments to paragraph (b) of subdivision 1 of section 70.40
of the penal law made by section one hundred  twenty-seven-d-1  of  this
act  shall  be subject to the expiration and reversion of such paragraph
pursuant to section 74 of chapter 3 of the laws  of  1995,  as  amended,
when upon such date the provisions of section one hundred twenty-seven-e
of this act shall take effect;
  29.  the amendments to paragraph (c) of subdivision 1 of section 70.40
of the penal law made by section one hundred twenty-seven-f of this  act
shall  not  affect  the repeal of such paragraph and shall expire and be
deemed repealed therewith;
  30. the amendments to subdivision 1 of section 85.15 of the penal  law
made  by section one hundred twenty-seven-1 of this act shall be subject

S. 2812--A                         241                        A. 4012--A

to the expiration and reversion of such subdivision pursuant to  section
74 of chapter 3 of the laws of 1995, as amended, when upon such date the
provisions  of section one hundred twenty-seven-m of this act shall take
effect;
  31.  the amendments to section 205.17 of the penal law made by section
one hundred twenty-seven-n of this act shall not affect  the  expiration
of such section and shall expire therewith;
  32.  the amendments to section 205.19 of the penal law made by section
one hundred twenty-seven-o of this act shall not affect  the  expiration
of such section and shall expire therewith;
  33.  the  amendments  to  subdivision  26 of section 206 of the public
health law made by section one hundred twenty-seven-t of this act  shall
take  effect  on  the  same  date and in the same manner as section 2 of
chapter 419 of the laws of 2009 takes effect;
  34. the amendments to section 99-m of the state finance  law  made  by
section one hundred sixty-one of this act shall not affect the repeal of
such section and shall expire and be deemed repealed therewith; and
  35.  the  amendments  to  section 163 of the state finance law made by
section one hundred sixty-five of this act shall not affect  the  repeal
of such section and shall expire and be deemed repealed therewith.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable  effective date of Subparts A and B of this act shall be
as specifically set forth in the last section of such Subparts.

                                 PART D

  Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
the  New  York  state  urban  development corporation act, is amended by
adding a new section 44 to read as follows:
  S 44. TRANSFER OF POWERS, FUNCTIONS AND AFFAIRS OF THE NEW YORK  STATE
FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION.  1. ECONOMIC DEVELOP-
MENT  EFFICIENCY. IN ORDER TO PROMOTE ECONOMIC DEVELOPMENT EFFICIENCY IN
THE STATE OF NEW YORK, THE TRANSFER OF POWERS, FUNCTIONS AND AFFAIRS  OF
THE  NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION TO
THE CORPORATION IS HEREBY AUTHORIZED.
  2. TRANSFER OF POWERS OF THE NEW YORK STATE  FOUNDATION  FOR  SCIENCE,
TECHNOLOGY AND INNOVATION. THE FUNCTIONS AND POWERS POSSESSED BY AND ALL
OF  THE  OBLIGATIONS  AND  DUTIES  OF  THE NEW YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION, AS ESTABLISHED PURSUANT  TO  ARTICLE
10-A OF THE PUBLIC AUTHORITIES LAW AND ARTICLE 10-B OF THE EXECUTIVE LAW
SHALL  BE TRANSFERRED AND ASSIGNED TO, AND ASSUMED BY AND DEVOLVED UPON,
THE CORPORATION. NOTWITHSTANDING THE FOREGOING, ANY  PROGRAMS  SPECIFIED
IN  LAW TO BE ADMINISTERED BY THE NEW YORK STATE FOUNDATION FOR SCIENCE,
TECHNOLOGY AND INNOVATION SHALL BE ADMINISTERED BY THE CORPORATION  ONLY
TO THE EXTENT OF AVAILABLE APPROPRIATIONS.
  3.  ABOLITION OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY
AND INNOVATION. UPON THE TRANSFER PURSUANT TO SUBDIVISION  TWO  OF  THIS

S. 2812--A                         242                        A. 4012--A

SECTION  OF  THE  FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLI-
GATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION FOR  SCIENCE,  TECH-
NOLOGY  AND  INNOVATION,  AS ESTABLISHED PURSUANT TO ARTICLE 10-A OF THE
PUBLIC  AUTHORITIES  LAW  AND ARTICLE 10-B OF THE EXECUTIVE LAW, THE NEW
YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND  INNOVATION  SHALL  BE
ABOLISHED.
  4.  CONTINUITY  OF  AUTHORITY  OF  THE  NEW  YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION. EXCEPT AS HEREIN OTHERWISE PROVIDED,
UPON THE TRANSFER PURSUANT TO SUBDIVISION TWO OF  THIS  SECTION  OF  THE
FUNCTIONS  AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES
OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND  INNOVATION
AS  ESTABLISHED PURSUANT TO SUCH PROVISIONS OF THE EXECUTIVE LAW AND THE
PUBLIC AUTHORITIES LAW TO THE CORPORATION AS PRESCRIBED  BY  SUBDIVISION
TWO  OF  THIS  SECTION  FOR  THE PURPOSE OF SUCCESSION OF ALL FUNCTIONS,
POWERS, DUTIES AND OBLIGATIONS OF THE  NEW  YORK  STATE  FOUNDATION  FOR
SCIENCE,  TECHNOLOGY  AND INNOVATION, THE CORPORATION SHALL BE DEEMED TO
AND BE HELD TO CONSTITUTE THE CONTINUATION OF  SUCH  FUNCTIONS,  POWERS,
DUTIES AND OBLIGATIONS AND NOT A DIFFERENT AGENCY OR AUTHORITY.
  5.  TRANSFER  OF RECORDS OF THE NEW YORK STATE FOUNDATION FOR SCIENCE,
TECHNOLOGY AND INNOVATION. UPON THE TRANSFER PURSUANT TO SECTION TWO  OF
THIS  ACT  OF THE FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLI-
GATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION FOR  SCIENCE,  TECH-
NOLOGY  AND INNOVATION AS ESTABLISHED PURSUANT TO SUCH PROVISIONS OF THE
EXECUTIVE LAW AND THE PUBLIC  AUTHORITIES  LAW  TO  THE  CORPORATION  AS
PRESCRIBED  BY  SUBDIVISION  TWO  OF  THIS  SECTION,  ALL BOOKS, PAPERS,
RECORDS AND PROPERTY PERTAINING TO THE NEW  YORK  STATE  FOUNDATION  FOR
SCIENCE,  TECHNOLOGY  AND  INNOVATION  SHALL BE TRANSFERRED TO AND MAIN-
TAINED BY THE CORPORATION.
  6. COMPLETION OF UNFINISHED BUSINESS OF THE NEW YORK STATE  FOUNDATION
FOR  SCIENCE,  TECHNOLOGY  AND INNOVATION. UPON THE TRANSFER PURSUANT TO
SUBDIVISION TWO OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY
AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW YORK  STATE  FOUNDATION
FOR  SCIENCE,  TECHNOLOGY AND INNOVATION AS ESTABLISHED PURSUANT TO SUCH
PROVISIONS OF THE EXECUTIVE LAW AND THE PUBLIC AUTHORITIES  LAW  TO  THE
CORPORATION  AS PRESCRIBED BY SUBDIVISION TWO OF THIS SECTION, ANY BUSI-
NESS OR OTHER MATTER UNDERTAKEN OR COMMENCED BY THE NEW YORK STATE FOUN-
DATION FOR SCIENCE, TECHNOLOGY AND INNOVATION PERTAINING TO OR CONNECTED
WITH THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES  SO  TRANSFERRED  AND
ASSIGNED  TO THE CORPORATION MAY BE CONDUCTED OR COMPLETED BY THE CORPO-
RATION.
  7. TERMS OCCURRING  IN  LAWS,  CONTRACTS  OR  OTHER  DOCUMENTS  OF  OR
PERTAINING  TO THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND
INNOVATION. UPON THE  TRANSFER  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
SECTION  OF  THE  FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLI-
GATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION FOR  SCIENCE,  TECH-
NOLOGY  AND INNOVATION AS ESTABLISHED PURSUANT TO SUCH PROVISIONS OF THE
EXECUTIVE LAW AND THE PUBLIC AUTHORITIES LAW AS PRESCRIBED  BY  SUBDIVI-
SION  TWO  OF  THIS  SECTION, WHENEVER THE NEW YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION AND THE EXECUTIVE  DIRECTOR  THEREOF,
THE  FUNCTIONS,  POWERS, OBLIGATIONS AND DUTIES OF WHICH ARE TRANSFERRED
TO THE CORPORATION ARE REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT OR
DOCUMENT PERTAINING TO THE FUNCTIONS,  POWERS,  OBLIGATIONS  AND  DUTIES
TRANSFERRED  AND  ASSIGNED  PURSUANT  TO THIS SECTION, SUCH REFERENCE OR
DESIGNATION SHALL BE DEEMED TO REFER TO THE CORPORATION  AND  ITS  CHIEF
EXECUTIVE OFFICER OR HIS OR HER DESIGNEE.

S. 2812--A                         243                        A. 4012--A

  8. EXISTING RIGHTS AND REMEDIES OF OR PERTAINING TO THE NEW YORK STATE
FOUNDATION  FOR  SCIENCE, TECHNOLOGY AND INNOVATION PRESERVED.  UPON THE
TRANSFER PURSUANT TO SUBDIVISION TWO OF THIS SECTION  OF  THE  FUNCTIONS
AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW
YORK  STATE  FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTAB-
LISHED PURSUANT TO THE EXECUTIVE LAW AND THE PUBLIC AUTHORITIES  LAW  TO
THE  CORPORATION  AS  PRESCRIBED  BY SUBDIVISION TWO OF THIS SECTION, NO
EXISTING RIGHT OR REMEDY OF THE STATE,  INCLUDING  THE  NEW  YORK  STATE
FOUNDATION  FOR  SCIENCE,  TECHNOLOGY  AND  INNOVATION,  SHALL  BE LOST,
IMPAIRED OR AFFECTED BY REASON OF THIS SECTION.
  9. PENDING ACTIONS AND PROCEEDINGS OF OR PERTAINING TO  THE  NEW  YORK
STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION. UPON THE TRANS-
FER  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND  DUTIES  OF  THE  NEW
YORK  STATE  FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTAB-
LISHED PURSUANT TO SUCH PROVISIONS  OF  THE  EXECUTIVE  LAW  AND  PUBLIC
AUTHORITIES LAW TRANSFER TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION
TWO  OF  THIS  SECTION, NO ACTION OR PROCEEDING PENDING ON THE EFFECTIVE
DATE OF THIS SECTION, BROUGHT BY OR AGAINST THE NEW YORK  STATE  FOUNDA-
TION FOR SCIENCE, TECHNOLOGY AND INNOVATION OR EXECUTIVE DIRECTOR THERE-
OF  SHALL BE AFFECTED BY ANY PROVISION OF THIS SECTION, BUT THE SAME MAY
BE PROSECUTED OR DEFENDED IN THE NAME OF THE CORPORATION.  IN  ALL  SUCH
ACTIONS AND PROCEEDINGS, THE CORPORATION, UPON APPLICATION TO THE COURT,
SHALL BE SUBSTITUTED AS A PARTY.
  10.  CONTINUATION OF RULES AND REGULATIONS OF OR PERTAINING TO THE NEW
YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION.  UPON  THE
TRANSFER  PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION OF THE FUNCTIONS
AND POWERS POSSESSED BY AND ALL THE OBLIGATIONS AND DUTIES  OF  THE  NEW
YORK  STATE  FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTAB-
LISHED PURSUANT TO SUCH PROVISIONS OF THE EXECUTIVE LAW AND  THE  PUBLIC
AUTHORITIES LAW TRANSFER TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION
TWO  OF  THIS  SECTION, ALL RULES, REGULATIONS, ACTS, DETERMINATIONS AND
DECISIONS OF THE NEW YORK STATE FOUNDATION FOR SCIENCE,  TECHNOLOGY  AND
INNOVATION, PERTAINING TO THE FUNCTIONS TRANSFERRED AND ASSIGNED BY THIS
SECTION  TO  THE  CORPORATION  IN  FORCE  AT  THE TIME OF SUCH TRANSFER,
ASSIGNMENT, ASSUMPTION AND DEVOLUTION SHALL CONTINUE IN FORCE AND EFFECT
AS RULES, REGULATIONS, ACTS, DETERMINATIONS AND DECISIONS OF THE  CORPO-
RATION UNTIL DULY MODIFIED OR REPEALED.
  11.  TRANSFER  OF APPROPRIATIONS HERETOFORE MADE TO THE NEW YORK STATE
FOUNDATION FOR SCIENCE, TECHNOLOGY AND  INNOVATION.  UPON  THE  TRANSFER
PURSUANT  TO SUBDIVISION TWO OF THIS SECTION OF THE FUNCTIONS AND POWERS
POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW YORK STATE
FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTABLISHED  PURSU-
ANT  TO  SUCH PROVISIONS OF THE EXECUTIVE LAW AND THE PUBLIC AUTHORITIES
LAW TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION TWO OF THIS SECTION,
ALL APPROPRIATIONS AND  REAPPROPRIATIONS  WHICH  SHALL  HAVE  BEEN  MADE
AVAILABLE  AS OF THE DATE OF SUCH TRANSFER TO THE NEW YORK STATE FOUNDA-
TION FOR SCIENCE, TECHNOLOGY AND INNOVATION OR  SEGREGATED  PURSUANT  TO
LAW,  TO  THE  EXTENT  OF  REMAINING UNEXPENDED OR UNENCUMBERED BALANCES
THEREOF, WHETHER ALLOCATED OR UNALLOCATED AND WHETHER OBLIGATED OR UNOB-
LIGATED, SHALL BE TRANSFERRED TO AND MADE AVAILABLE FOR USE AND EXPENDI-
TURE BY THE CORPORATION AND SHALL BE PAYABLE ON  VOUCHERS  CERTIFIED  OR
APPROVED  BY  THE  COMMISSIONER  OF  TAXATION  AND FINANCE, ON AUDIT AND
WARRANT OF THE COMPTROLLER.   PAYMENTS OF LIABILITIES  FOR  EXPENSES  OF
PERSONAL  SERVICES,  MAINTENANCE  AND  OPERATION  WHICH  SHALL HAVE BEEN
INCURRED AS OF THE DATE OF SUCH TRANSFER BY THE NEW YORK  STATE  FOUNDA-

S. 2812--A                         244                        A. 4012--A

TION  FOR  SCIENCE,  TECHNOLOGY  AND  INNOVATION,  AND  FOR  LIABILITIES
INCURRED AND TO BE INCURRED IN COMPLETING ITS AFFAIRS SHALL ALSO BE MADE
ON VOUCHERS CERTIFIED OR APPROVED BY THE PRESIDENT OF  THE  CORPORATION,
ON AUDIT AND WARRANT OF THE COMPTROLLER.
  12.  SEVERABILITY.  IF ANY CLAUSE, SENTENCE, PARAGRAPH OR PART OF THIS
SECTION SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION  TO  BE
INVALID,  SUCH  JUDGMENT  SHALL  NOT  AFFECT,  IMPAIR  OR INVALIDATE THE
REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
SENTENCE, PARAGRAPH OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY
IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
  S 2. Sections  3151  and  3152  of  the  public  authorities  law  are
REPEALED.
  S  3.    This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through D of this act shall  be
as specifically set forth in the last section of such Parts.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4012--B

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
  the Constitution -- read once and referred to the  Committee  on  Ways
  and  Means -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

AN ACT relating to constituting chapter 18-A of the consolidated laws in
  relation to financial regulation; to  amend  the  insurance  law,  the
  banking law, the executive law, the education law, the energy law, the
  state technology law, the real property law, the general business law,
  the  public authorities law, the public health law, the public service
  law, the tax law, the state finance law, the criminal  procedure  law,
  and  chapter  784 of the laws of 1951, constituting the New York state
  defense emergency act, in relation to the creation of  the  department
  of  financial  regulation;  to  amend chapter 322 of the laws of 2007,
  amending the banking law relating to the power of banks, private bank-
  ers, trust companies, savings banks, savings  and  loan  associations,
  credit  unions and foreign banking corporations to exercise the rights
  of national banks, federal savings associations, federal credit unions
  and federal branches and agencies of foreign banks, in relation to the
  effectiveness of certain  provisions  of  such  chapter;  to  transfer
  certain  authority with respect to consumer protection from the execu-
  tive law to the department of financial regulation; to amend chapter 3
  of the laws of 1997, amending the banking law and  the  insurance  law
  relating  to  authorizing  the banking board to permit banks and trust
  companies to exercise the rights of national  banks,  in  relation  to
  making  certain  provisions  of  such chapter permanent; and to repeal
  certain provisions of the banking law, the insurance law,  the  execu-
  tive  law,  the agriculture and markets law, the general business law,
  the tax law, the criminal procedure law and chapter 610 of the laws of
  1995, amending the insurance law relating to investments  relating  to
  financial  regulation  and  to  making technical corrections (Part A);
  Intentionally omitted (Part B); to amend the correction  law  and  the
  executive  law,  in relation to merging the department of correctional
  services and division of parole into the department of corrections and
  community supervision; repealing certain provisions of the  correction
  law  and  the  executive  law  relating thereto; and providing for the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12576-03-1

A. 4012--B                          2

  repeal of certain provisions upon expiration thereof (Subpart A);  and
  to  amend the correction law, abandoned property law, alcoholic bever-
  age control law, civil practice law and rules, civil rights law, civil
  service  law, county law, court of claims act, criminal procedure law,
  education law, election law, environmental conservation law, executive
  law, facilities development corporation act, family court act, general
  business law, general  municipal  law,  labor  law,  legislative  law,
  mental  hygiene law, municipal home rule law, penal law, public build-
  ings law, public  health  law,  public  officers  law,  railroad  law,
  retirement  and social security law, social services law, state admin-
  istrative procedure act, state  finance  law,  state  technology  law,
  surrogate's  court procedure act, tax law, town law, vehicle and traf-
  fic law, and the workers' compensation  law,  in  relation  to  making
  conforming  technical changes; and to repeal certain provisions of the
  correction law relating thereto (Subpart B) (Part C); and to amend the
  New York state urban development corporation act, in relation  to  the
  elimination  of  the New York state foundation for science, technology
  and innovation and the transfer of functions to  the  New  York  state
  urban development corporation, and to repeal certain provisions of the
  public authorities law relating thereto (Part D)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through D. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Chapter 18-A of the consolidated laws is added to  read  as
follows:
                  CHAPTER 18-A OF THE CONSOLIDATED LAWS
                 FINANCIAL REGULATION AND PROTECTION LAW
                                ARTICLE 1
                           GENERAL PROVISIONS
Section 101. Short title.
        102. Department of financial regulation.
        103. Explanation of order of provisions.
        104. Definitions.
  S  101.  Short  title. This chapter shall be known and may be cited as
the "financial regulation and protection law".
  S 102. Department of  financial  regulation.  The  legislature  hereby
declares  that  the  purpose of this chapter is to consolidate financial
regulation and consumer and investor protection,  including  enforcement
of  the insurance and banking laws, under the auspices of a single state
agency to be known as the "department of financial regulation".

A. 4012--B                          3

  S 103. Explanation of order of provisions.  In  this  financial  regu-
lation  law,  the  provisions  have  been divided in descending order of
application, with illustrations, as follows:
Article 1
  Section 101
    Subsection (a)
      Paragraph (1)
        Subparagraph (A)
          Item (i)
            Clause (I)
              Subitem (aa)
                Subclause (aaa)
  S  104.  Definitions.    In this chapter, unless the context otherwise
requires:
  (a) "Department" shall mean the department of financial regulation.
  (b) "Financial fraud" shall mean any intentional fraud or  intentional
misrepresentation  by a regulated person directly related to a financial
product or service or  any  regulated  person  offering  to  provide  or
providing  financial  products or services, including (1) any fraudulent
insurance act or fraudulent life settlement  act,  as  those  terms  are
defined  by the insurance law; (2) any fraud as that term is interpreted
under the banking law or any violation under  section  seventy-seven  of
the  banking  law;  or (3) any intentional violation of state or federal
fair debt collection practices or federal or state fair lending laws.
  (c) "Financial product or service"  shall  mean  (1)  any  product  or
service  offered  or  provided by any person regulated or required to be
regulated by the superintendent pursuant to this  chapter,  the  banking
law  or  the insurance law, or otherwise subject to the investigatory or
enforcement authority of the superintendent under the banking law or the
insurance law including but not limited to any investment, credit, debt,
lien, deposit,  derivative,  a  consumer's  financial  obligations,  the
balance  of  a  consumer's  account, a consumer's credit, the leasing or
financing of a purchase by a consumer, stored value  cards,  rebates,  a
consumer's  financial  and  personally identifiable information or money
management device; and (2) any product or service similar in its purpose
or objective to the products and services listed  in  paragraph  one  of
this subsection.
  (d)  "Person"  shall  mean  any  individual, partnership, corporation,
association or any other entity.
  (e) "Regulated person" or "person regulated"  shall  mean  any  person
operating  under  a license, registration, certificate or authorization,
or authorized, accredited, chartered or incorporated or possessing other
similar status under the insurance law or the banking law.
  (f) "Superintendent" shall mean the superintendent of financial  regu-
lation of this state.
                                ARTICLE 2
         ORGANIZATION OF THE DEPARTMENT OF FINANCIAL REGULATION
Section 201. Declaration of policy.
        202. Superintendent.
        203. Deputies; employees.
        204. Offices of the department.
        205. Bureaus.
        206. Assessments to defray operating expenses of the department.
  S 201. Declaration of policy.  (a) It is the intent of the legislature
that the superintendent shall supervise the business of, and the persons
providing, financial products and services.

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  (b)  The  superintendent shall take such actions as the superintendent
believes necessary to:
  (1)  foster  the  growth of the financial industry in New York through
judicious regulation and vigilant supervision;
  (2) ensure the continued safety, soundness and prudent conduct of  the
providers of financial products and services;
  (3)  ensure  fair,  timely  and equitable fulfillment of the financial
obligations of such providers;
  (4) protect users of financial products and services from  financially
impaired or insolvent providers of such services;
  (5)  encourage  high standards of honesty, transparency, fair business
practices and public responsibility;
  (6) eliminate financial fraud,  other  criminal  abuse  and  unethical
conduct in the industry; and
  (7)  educate  and protect users of financial products and services and
consumer products and services and ensure that users are  provided  with
timely  and  understandable  information  to  make responsible decisions
about  financial  products  and  services  and  consumer  products   and
services.
  S  202.  Superintendent.  (a)  The head of the department shall be the
superintendent of financial regulation, who shall be  appointed  by  the
governor,  by  and  with  the  advice and consent of the senate, and who
shall hold office until the end of the term of the governor by whom  the
superintendent was appointed and until the superintendent's successor is
appointed  and  qualified.  The superintendent shall possess the rights,
powers,  and  duties,  in  connection  with  financial  regulation   and
protection  in this state, expressed or reasonably implied by this chap-
ter or any other applicable law of this state.
  (b) The superintendent may, in the superintendent's discretion, desig-
nate one of the  superintendent's  deputies  to  act  as  superintendent
during  the  superintendent's absence or inability to act. If the office
of superintendent is vacant,  or  if  the  superintendent's  absence  or
inability  to  act continues for a period of more than thirty successive
days, the governor may designate an individual to act as  superintendent
until the filling of the vacancy or the return or recovery of the super-
intendent.
  (c)  Whenever  in  this chapter, the banking law, the insurance law or
any other law the superintendent is authorized but not required to  take
any  action  or the superintendent's approval is required as a condition
precedent to the doing of any act, the taking of  such  action  and  the
giving  of  such  approval  shall  be  within the superintendent's sound
discretion. In taking any action with respect to any  banking  organiza-
tion, and in approving or disapproving any application made by a banking
organization,  the  superintendent  shall  give due consideration to the
policy of the state of New York as set forth in section ten of the bank-
ing law.
  S 203. Deputies; employees. (a) The superintendent may appoint one  or
more  first deputies and such other deputies as the superintendent deems
necessary to fulfill the responsibilities of the department. The  super-
intendent may remove at will any deputy appointed by the superintendent,
except as may be otherwise provided by the civil service law.
  (b)  The  superintendent  may appoint and remove from time to time, in
accordance with law and any applicable rules of the state civil  service
commission,  such employees, under such titles as the superintendent may
assign, as the superintendent  may  deem  necessary  for  the  efficient
administration  of the department. They shall perform such duties as the

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superintendent shall assign to them.  The compensation of such employees
shall be determined by the superintendent in accordance with law.
  (c) Any action that the superintendent is required or authorized here-
inafter  by  this  chapter,  the banking law, the insurance law or other
laws to take may be taken by a deputy or authorized employee to whom the
duty of taking such action has been delegated or assigned by the  super-
intendent.
  S  204. Offices of the department. Suitable offices for conducting the
business of the department shall be located in the cities of Albany  and
New  York,  and such other cities as the superintendent deems necessary.
Necessary additional office, filing and storage  space  that  cannot  be
supplied  by the state commissioner of general services may be leased by
the superintendent, and rent or expenses incurred pursuant to  any  such
lease  shall,  unless otherwise provided for, be paid on the certificate
of the superintendent and the audit and warrant of the comptroller.
  S 205. Bureaus. The superintendent may establish such  bureaus,  divi-
sions, and other units within the department as may be necessary for the
administration  and  operation of the department and the proper exercise
of its powers and the performance of its duties, under this chapter, and
may, from time to time, consolidate or abolish such  divisions,  bureaus
or  other  units within the department. Notwithstanding any inconsistent
provision of law, the superintendent may determine  the  official  func-
tions  of  each  division,  bureau, or other unit within the department.
There shall be a head of each bureau,  division  or  other  unit  to  be
appointed  by the superintendent, who shall serve at the pleasure of the
superintendent, except as may be otherwise provided by the civil service
law. The heads of bureaus, divisions or units in the banking and  insur-
ance  departments who are in office when this chapter takes effect shall
continue in office at the pleasure of the superintendent, except as  may
be otherwise provided by the civil service law.
  S  206.  Assessments  to  defray operating expenses of the department.
(a) For each fiscal year commencing on or after April first,  two  thou-
sand  twelve,  assessments  to  defray operating expenses, including all
direct and indirect costs, of the department, except  expenses  incurred
in  the  liquidation  of banking organizations, shall be assessed by the
superintendent in such proportions as the superintendent shall deem just
and reasonable upon all domestic insurers and all licensed United States
branches of alien insurers domiciled in this state within the meaning of
the insurance law and upon any regulated person under the  banking  law,
other  than  mortgage  loan originators, except as otherwise provided by
sections one hundred fifty-one and two hundred twenty-eight of the work-
ers' compensation law and by section sixty of the  volunteer  firefight-
ers' benefit law. The provisions of this section shall not be applicable
to a bank holding company, as that term is defined in article three-A of
the  banking  law.   Persons regulated under the banking law will not be
assessed for expenses that the superintendent deems  to  benefit  solely
persons  regulated  under the insurance law, and persons regulated under
the insurance law will not be assessed for expenses that the superinten-
dent deems to benefit solely persons regulated under the banking law.
  (b) For each fiscal year commencing on or after April first, two thou-
sand twelve, a partial payment shall be made by each entity  subject  to
this section in a sum equal to twenty-five per centum, or such other per
centum or per centums as the superintendent may prescribe, of the annual
expenses assessed upon it for the fiscal year as estimated by the super-
intendent.  Such  payment  shall be made on March tenth of the preceding
fiscal year and on June tenth, September tenth  and  December  tenth  of

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each  year,  or at such other dates as the superintendent may prescribe.
The balance of assessments for the fiscal year shall be paid upon deter-
mination of the actual amount due in accordance with the  provisions  of
this  section.  Any  overpayment  of  annual  assessment  resulting from
complying with the requirements of  this  subsection  shall  be  applied
against  the  next estimated quarterly assessment, if less than or equal
to such amount, with any excess refunded to the assessed. As an alterna-
tive, if the estimated annual assessment for the fiscal year is equal to
or less than the annual minimum assessment set  by  the  superintendent,
the  superintendent  may  require  full  payment to be made on or before
September thirtieth or such other date of the fiscal year as the  super-
intendent may determine.
  (c)  The  expenses  incurred in making examinations of, or for special
services performed on account of, any bank holding company, as that term
is defined in the banking law, or any regulated person under the banking
law, shall be assessed provided, however, that  the  superintendent,  in
the  superintendent's  sole  discretion,  may determine, with respect to
expenses incurred in the making of any specific examination or  investi-
gation, or the performing of any special services, that any such expense
shall  be  assessed  against and paid by the bank holding company or any
other regulated person  under  the  banking  law  for  which  they  were
incurred or performed.
  (d) The expenses incurred in making an examination of any affiliate of
a  banking  organization  pursuant  to the banking law, and the expenses
incurred in making an examination, pursuant to the  banking  law,  of  a
non-banking  subsidiary  of a corporation or any other entity that is an
affiliate of a banking organization, shall be assessed against and  paid
by  such banking organization if the affiliate cannot be assessed pursu-
ant to the provisions of the banking law.
  (e) The superintendent may, in the superintendent's  sole  discretion,
upon notice, suspend the license, registration, certificate or authority
(for purposes of this section, a license) granted to any person pursuant
to  this  chapter, the banking law or insurance law, upon the failure of
such person to make any payment required by this section  within  thirty
days  after  the  due date. If the superintendent has suspended any such
license, such license may be reinstated if the superintendent determines
that such person has made any such payments within ninety days after the
date of such notice of suspension.   Otherwise, unless  the  superinten-
dent, in the superintendent's sole discretion, has extended such suspen-
sion,  the  license  of  such person shall be deemed to be automatically
terminated by operation of law at the close of business on such  nineti-
eth day.
  (f)  (1) The expenses of every examination of the affairs of any regu-
lated person subject to the insurance law,  including  an  appraisal  of
such  regulated  person's real property or of any real property on which
such regulated person holds a mortgage, made pursuant to  the  authority
conferred  by  any  provision  of this chapter, the insurance law or the
banking law, shall be borne and paid by the regulated  person  so  exam-
ined,  but the superintendent, with the approval of the comptroller, may
in the superintendent's discretion  for  good  cause  shown  remit  such
charges.
  (2)  (A)  For  any  such examination by the superintendent or a deputy
superintendent personally, the charge made shall be only  for  necessary
traveling  expenses  and  other  actual expenses. In all other cases the
expenses of examination shall also include reimbursement for the compen-
sation paid for the services of persons employed by  the  superintendent

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or  by  the  superintendent's  authority  to  make  such  examination or
appraisal.
  (B) Notwithstanding any provisions of this section to the contrary, in
case  of  an  examination or appraisal of a domestic insurer made within
this state, the traveling and living expense of the  person  or  persons
making  the  examination  shall  be  considered  a cost of operation, as
referred to in section three hundred thirty-two of the insurance law and
not an expense of examination.
  (3) All  charges,  including  necessary  traveling  and  other  actual
expenses,  except as hereinabove provided, as audited by the comptroller
and paid on the comptroller's warrant in the usual manner by  the  comp-
troller  to  the  person or persons making the examination or appraisal,
shall be presented to the insurer, or other person whose duty it  is  to
pay  the  same,  in  the form of a copy of the itemized bill therefor as
certified and approved by the superintendent or  by  any  deputy  super-
intendent  or authorized employee of the department. Upon receiving such
certified copy the insurer or other person whose duty it is to pay  such
charges  shall  pay the amount thereof to the superintendent, to be paid
by the superintendent into the state treasury.
                                 ARTICLE 3
                ADMINISTRATIVE AND PROCEDURAL PROVISIONS
Section 301. Powers of the superintendent.
        302. Regulations by superintendent.
        303. Orders of superintendent; when writing required.
        304. Notice; how given.
        305. Hearings; conduct; findings and report.
        306. Attendance  of  witnesses;  production  of  documents   and
               records.
        307. Intentionally omitted.
        308. Judicial  review  of  orders,  regulations and decisions of
               superintendent.
        309. Injunction to restrain violation of this chapter.
        310. Certificates as  evidence;  affirmation  of  documents  and
               testimony.
  S  301.  Powers  of the superintendent.   (a) The superintendent shall
have such powers as are conferred upon the superintendent by this  chap-
ter,  the banking law, the insurance law or any other law of this state.
The superintendent shall  have  the  power  to  conduct  investigations,
research,  studies  and  analyses  of matters affecting the interests of
consumers of financial products and  services,  including  tracking  and
monitoring  complaints and to investigate activities that may constitute
insurance fraud under this article, the banking law,  or  the  insurance
law and to develop evidence thereon.
  (b)  The  superintendent shall protect users of financial products and
services, including:
  (1) taking such actions  as  the  superintendent  deems  necessary  to
educate and protect users of financial products and services;
  (2)  receiving  complaints  of  consumers  of  financial  products and
services, and where  appropriate  (A)  providing  direct  assistance  to
consumers  and advocacy for consumer interests; (B) mediating the resol-
ution of such  complaints  with  providers  of  financial  products  and
services;  or  (C) referring such complaints to the appropriate federal,
state or local agency authorized by law for appropriate action  on  such
complaints;
  (3) studying the operation of laws and advising and making recommenda-
tions to the governor on matters affecting consumers of and investors in

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financial  products  and  services  and  promoting  and  encouraging the
protection of the  legitimate  interests  of  users  of  such  financial
products and services;
  (4)  establishing,  in  consultation with the office of cyber security
and critical infrastructure coordination, a process by which victims  of
frauds,  including identity theft and security breaches of financial and
other personally identifiable data shall receive assistance and informa-
tion to resolve complaints; and, in that regard,  acting  as  a  liaison
between  any  victim  of  frauds  including  identity theft and security
breaches, and any state  agency,  public  authority,  or  any  municipal
department or agency, the division of state police, and county or munic-
ipal  police  departments,  and  any  non-governmental entity, including
consumer credit reporting agencies, to facilitate the  victim  obtaining
such  assistance  and data as shall enable the identity theft program to
carry out its duties to help consumers resolve the  problems  that  have
resulted from the identity theft;
  (5)  cooperating  with,  assisting  and,  when  appropriate, referring
matters to the attorney general in the  carrying  out  of  the  attorney
general's  legal  enforcement  responsibilities  for  the  protection of
consumers of and investors in financial products and services;
  (6) initiating and encouraging consumer financial education  programs,
and  disseminating  materials to educate users of financial products and
services; and
  (7) cooperating with and assisting local governments and  not-for-pro-
fits  in the development of consumer protection measures with respect to
financial products and services.
  S 302. Regulations by superintendent.  (a)  The  superintendent  shall
have  the power to prescribe and from time to time withdraw or amend, in
writing, rules and regulations and issue orders and  guidance  involving
financial  products and services and consumer products and services, not
inconsistent with the provisions of this chapter, the banking  law,  the
insurance  law  and  any  other law in which the superintendent is given
authority:
  (1) effectuating any power, given  to  the  superintendent  under  the
provisions  of  this chapter, the insurance law, the banking law, or any
other law to prescribe forms or make regulations;
  (2) interpreting the provisions of this chapter,  the  insurance  law,
the banking law, or any other applicable law; and
  (3)  governing  the  procedures  to be followed in the practice of the
department.
  (b) Notwithstanding subsection (a) of this section, no such  rules  or
regulations  shall  be promulgated with respect to any financial product
or service or consumer product or service that is  regulated  under  the
exclusive jurisdiction of a federal agency or authority or substantially
regulated  by  any  other  state agency or state public authority, or if
such rules or regulations would be preempted by federal law.
  (c) The superintendent may promulgate a list of financial products and
services or consumer products or services excluded  from  regulation  by
the  superintendent, provided that such exclusion shall not limit in any
way the ability of the superintendent to take any actions  with  respect
to  financial fraud provided for in this chapter, the insurance law, the
banking law or any other applicable law.
  S 303. Orders of superintendent; when writing  required.  Whenever  by
any provision of this chapter, the insurance law, the banking law or any
other  applicable  law  the  superintendent  is  authorized to grant any
approval, authorization or permission or to  make  any  other  order  or

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determination  affecting  any  person  subject to the provisions of this
chapter, the insurance law, the banking law or any other law, such order
or determination shall not be  effective  unless  made  in  writing  and
signed by the superintendent or by the superintendent's authority.
  S 304. Notice; how given. (a) (1) Except when other notice is required
by  law, whenever the provisions of this chapter, the insurance law, the
banking law or any other applicable law require  the  superintendent  to
give  notice  to any person of any authorized action or proposed action,
it shall be sufficient to give such notice in writing either by deliver-
ing it to such person or by depositing the same  in  the  United  States
mail,  postage  prepaid,  registered  or certified, and addressed to the
last known place of business of such person or if  no  such  address  is
known  to  the  superintendent,  then  to  the residence address of such
person.
  (2) Such notice shall refer to the provisions  of  this  chapter,  the
insurance  law,  the banking law or any other applicable law pursuant to
which the authorized action was taken or is proposed to be taken and the
grounds therefor, but failure to make such reference  shall  not  render
the  notice ineffective if the person to whom it is addressed is thereby
or otherwise reasonably apprised of such grounds.
  (3) If the person being notified is  entitled  to  a  hearing  by  the
provisions  of  this  chapter, the banking law, the insurance law or any
other law, the notice of proposed action may specify that such  proposed
action  may be considered, or when authorized, taken on a date specified
in the notice unless such person  shall  notify  the  superintendent  in
writing  that  a  hearing  is  demanded; in such case the superintendent
shall give such person a further notice of the time and  place  of  such
hearing in the manner stated in this paragraph and to the address speci-
fied by such person, if provided.
  (b)  Whenever  the  provisions of this chapter, the insurance law, the
banking law, or any other law require the superintendent to give to  any
person  a hearing on any proposed action, it shall be sufficient compli-
ance with such requirement if the superintendent gives to such person:
  (1) notice of the time and the place at which an opportunity for hear-
ing will be afforded, and
  (2) an opportunity for hearing, if the person appears at the time  and
place specified in the notice or any adjourned date.
  (c)  Any  hearing  of which such notice is given may be adjourned from
time to time without other notice than the announcement thereof at  such
hearing.
  (d)  Whenever any person is entitled to a hearing by the provisions of
this chapter, the insurance law, the  banking  law,  or  any  other  law
before  any proposed action is taken, the notice of such proposed action
may, if the superintendent deems it necessary  due  to  exigent  circum-
stances,  be  in  the  form  of a notice to show cause stating that such
proposed action may be taken unless such person shows cause at a hearing
to be held at a time and  place  specified  in  such  notice,  why  such
proposed action should not be taken.
  (e)  The  statement of any regular salaried employee of the department
of financial regulation, subscribed and affirmed  by  such  employee  as
true  under  the penalties of perjury, stating facts which show that any
notice referred to in this section  has  been  delivered  or  mailed  as
hereinbefore  provided,  shall  be presumptive evidence that such notice
has been duly delivered or mailed, as the case may be.
  S 305. Hearings; conduct; findings and report.  (a)  Unless  otherwise
provided  in  this  chapter,  the  banking law, the insurance law or any

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other law, any hearing pursuant to any such law may be held  before  the
superintendent,  any  deputy  superintendent, or any designated salaried
employee of the department authorized by  the  superintendent  for  such
purpose.    Any hearing held pursuant to the provisions of this chapter,
the insurance law, or the banking law shall be  noticed,  conducted  and
administered in compliance with the state administrative procedure act.
  (b)  The person conducting such hearing shall have power to administer
oaths, examine  and  cross-examine  witnesses  and  receive  documentary
evidence,  and shall report his findings, in writing, to the superinten-
dent with or without recommendation.   Such report, if  adopted  by  the
superintendent  may be the basis of any determination made by the super-
intendent. One hundred twenty days after the effective date of a  deter-
mination  of  liability  for  a  civil  penalty pursuant to section four
hundred eight of this chapter or section  four  hundred  three,  or  one
thousand one hundred two, two thousand one hundred two, two thousand one
hundred  seventeen, two thousand one hundred thirty-three or seven thou-
sand eight hundred sixteen of the insurance law, such  determination  of
liability for a civil penalty may be entered as a judgment and enforced,
without  court  proceedings,  in the same manner as the enforcement of a
money judgment in civil actions in any court of  competent  jurisdiction
or  any other place provided for the entry of civil judgment within this
state.
  (c) Every such hearing shall be open to the public unless  the  super-
intendent or the person authorized by the superintendent to conduct such
hearing,  shall  determine that a private hearing would be in the public
interest, in which case the hearing shall be private.
  (d) Every person affected shall be allowed to be  present  during  the
giving  of all the testimony, and shall be allowed a reasonable opportu-
nity to inspect all adverse documentary proof, to examine and cross-exa-
mine witnesses, and to present proof in support of the  person's  inter-
est.
  (e)  Nothing herein contained shall require the observance at any such
hearing of formal rules of pleading or evidence.
  S 306. Attendance of witnesses; production of documents  and  records.
(a)  With  regard  to  a  hearing or investigation of a regulated person
under this chapter or a hearing or investigation pursuant to the banking
law or insurance law, the superintendent or the person authorized by the
superintendent to conduct such hearing or investigation shall have power
to subpoena witnesses, compel the attendance  of  witnesses,  administer
oaths,  examine  any  person  under  oath,  and  to compel any person to
subscribe to his or her testimony after it has been correctly reduced to
writing, and in connection therewith to require the  production  of  any
books,  papers,  records,  correspondence  or  other documents which the
superintendent deems relevant to the inquiry. A  subpoena  issued  under
this section shall be regulated by the civil practice law and rules.
  (b) No person subject to the provisions of this chapter, the insurance
law  or  the banking law whose conduct, condition or practices are being
investigated, and no officer, director or employee of any  such  person,
shall be entitled to witness or mileage fees.
  (c)  In  addition  to the liabilities and punishment prescribed by the
civil practice law and rules, any person who, without just  cause  fails
or  refuses  to attend and testify or to answer any lawful inquiry or to
produce any books, papers or records in obedience to a  subpoena  issued
by the superintendent shall be guilty of a misdemeanor.
  (d)  Every  regulated  person under this chapter, the insurance law or
the banking law who is given a notice of hearing pursuant to this  chap-

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ter  shall  upon  the  service of a notice to produce books and records,
when attached to the notice of hearing or mailed subsequently thereto in
the same manner as the notice  of  hearing,  pursuant  to  such  notice,
produce at the hearing the books, records and documents enumerated ther-
ein.
  S 307. Intentionally omitted.
  S  308. Judicial review of orders, regulations and decisions of super-
intendent. (a) Notwithstanding the specific enumerations of the right to
judicial review in this chapter, the insurance law or the  banking  law,
any  order,  regulation or decision of the superintendent is declared to
be subject to judicial review in a  proceeding  under  article  seventy-
eight of the civil practice law and rules.
  (b) Except as provided in section two thousand one hundred twenty-four
of  the  insurance  law,  the  commencement of such proceeding shall not
affect the enforcement or validity of the superintendent's order,  regu-
lation  or decision under review unless the court shall determine, after
a preliminary hearing of which the superintendent is notified  at  least
forty-eight  hours  in  advance,  that a stay of enforcement pending the
proceeding or until further direction  of  the  court  will  not  unduly
injure the interests of the people of the state, in which case a stay of
execution may be granted.
  S  309. Injunction to restrain violation of this chapter. (a) In addi-
tion to such other remedies that are provided under  this  chapter,  the
superintendent  may  maintain and prosecute an action against any person
subject to this chapter, the insurance law or the banking  law,  or  the
person's  officers,  directors, trustees or agents or against any person
subject to the provisions of this chapter,  the  insurance  law  or  the
banking law, for the purpose of obtaining an injunction restraining such
person  or persons from doing any acts in violation of the provisions of
this chapter, the insurance law or the banking law.
  (b) In such action if the court finds that a defendant is  threatening
or  is  likely to do any act in violation of this chapter, the insurance
law or banking law, and that such violation will cause irreparable inju-
ry to the interests of the people of this state, the court may grant  an
injunction restraining such violation. The court may on motion and affi-
davits grant a preliminary injunction and interlocutory injunction, upon
such  terms as may be just; but the superintendent shall not be required
to give security before the issuance of any such injunction.
  S 310. Certificates as evidence; affirmation of documents and testimo-
ny.  (a)  Every  certificate,  assignment,  conveyance  or  other  paper
executed  by  the superintendent or one of the superintendent's deputies
pursuant to law and sealed with the  official  seal  of  the  department
shall,  if otherwise admissible, be received as evidence in any judicial
or other proceeding and may be recorded in the proper recording offices.
  (b) Any charter, or any certificate or other  instrument  supplemental
to  or  amendatory  of the charter, of any regulated person filed in the
office of the superintendent and containing statements of fact  required
or  permitted by law to be contained therein, shall, if otherwise admis-
sible, be received in all courts, public offices and official bodies  as
prima  facie evidence of such facts and of the execution of such instru-
ment.
  (c) Whenever by the laws of any jurisdiction other  than  this  state,
any  certificate  by  any  officer in such jurisdiction or a copy of any
instruments certified or exemplified by any such officer, may, if other-
wise admissible, be received as prima facie  evidence  of  the  incorpo-
ration,  existence  or  capacity of any corporation incorporated in such

A. 4012--B                         12

jurisdiction, or claiming so to be, such certificate  when  exemplified,
or  such  copy  of such instrument when exemplified shall be received in
all courts, public offices and official bodies of this state,  as  prima
facie evidence with the same force as in such jurisdiction. Such certif-
icate or certified copy of such instrument shall be so received, without
being  exemplified,  if  it  is  certified by the secretary of state, or
official performing the equivalent function as to corporate  records  of
such jurisdiction.
  (d)  Notwithstanding  any provision of this chapter, the insurance law
or the banking law requiring an oath as to the proof of  a  document  or
the  truth  of  testimony,  the  affiant may, if the affiant's religious
beliefs cause the affiant to object to giving an oath, affirm the  docu-
ment or the affiant's testimony.
                                 ARTICLE 4
                       FINANCIAL FRAUDS PREVENTION
Section 401. Short title.
        402. Legislative declaration.
        403. Financial frauds unit.
        404. Powers of the financial frauds unit.
        405. Immunity.
        406. Other  law  enforcement  authority,  powers  and duties not
               affected or impaired.
        407. Financial fraud.
        408. Civil penalty.
        409. Reports.
  S 401. Short title. This article shall be known and may  be  cited  as
the "financial frauds prevention act."
  S  402.  Legislative  declaration.  The  legislature  hereby finds and
declares that financial frauds take many forms  across  multiple  indus-
tries.  The  legislature  further finds that financial frauds are detri-
mental to the social and economic well-being of  the  citizens  of  this
state.  In  order  to more thoroughly uncover, investigate and eliminate
the myriad financial frauds that may be perpetrated in, and may  involve
the  people  of, New York state, the legislature finds that it is appro-
priate that the responsibilities of the insurance frauds bureau and  the
criminal  investigations bureau that were administered by the department
of insurance and the department of banking, respectively, prior  to  the
enactment  of  this article, be consolidated into a new financial frauds
unit under the supervision of the superintendent.
  S 403. Financial frauds unit. (a) The superintendent shall establish a
financial frauds unit in the department of financial regulation.
  (b) The financial frauds unit shall be a qualified agency, as  defined
in  section  eight  hundred thirty-five of the executive law, to enforce
the provisions of this article and article four of the insurance law.
  (c) The superintendent shall have the power to designate employees  of
the  unit  as  peace officers as defined in section 2.10 of the criminal
procedure law. Any such  designations  made  by  the  superintendent  of
insurance  or the superintendent of banks, as they relate to peace offi-
cers within the insurance frauds bureau and the criminal  investigations
bureau,  made  prior  to  the  effective  date of this chapter, shall be
deemed continued and will remain effective subject to the discretion  of
the superintendent.
  (d) The superintendent is authorized to establish within the financial
frauds  unit one or more units designated for the purpose of investigat-
ing and preventing fraud in certain  specified  areas  of  the  banking,
finance and insurance industries.

A. 4012--B                         13

  S  404.  Powers  of the financial frauds unit.  (a) The superintendent
has authority under this article, the banking law, the insurance law and
other applicable laws to  investigate  activities  that  may  constitute
financial  fraud or insurance fraud under this article, the banking law,
or the insurance law and to develop evidence thereon.
  (b)  If  the  financial  frauds unit has a reasonable suspicion that a
regulated person or entity has engaged, or is engaging, in  a  financial
fraud  or  misconduct,  then  the  superintendent, in the enforcement of
relevant statutes, may undertake  an  investigation  thereon,  provided,
however, that the scope of authority set forth in this section shall not
be deemed to otherwise limit or impair the ability of the superintendent
to  assist any other entity in an investigation involving a violation of
law, and provided further that the responsibility and power to  investi-
gate  any  specific  financial  frauds  or misconduct enumerated in this
chapter, the banking law and the insurance law shall be  included  under
the jurisdiction of the financial frauds unit.
  S  405.  Immunity.  In  the  absence  of fraud or bad faith, no person
subject to the provisions of this chapter or  the  banking  law  or  the
insurance law shall be subject to civil liability, and no civil cause of
action  of  any  nature  shall  arise against such person for any:   (a)
information relating to suspected violations  of  this  chapter  or  the
banking  law  or  insurance  law furnished to law enforcement officials,
their agents  and  employees;  (b)  information  relating  to  suspected
violations  of  this  chapter  or  the  banking law or the insurance law
furnished to other persons subject to the provisions  of  this  chapter;
and  (c)  information furnished in reports to the financial frauds unit,
its agents or employees or  any  state  agency  investigating  fraud  or
misconduct  relating  to  financial  fraud, its agents or employees. The
superintendent or any employee of the  financial  frauds  unit,  in  the
absence  of  fraud or bad faith, shall not be subject to civil liability
and no civil cause of action of  any  nature  shall  arise  against  the
superintendent  or any such employee by virtue of the publication of any
report or bulletin related to the official activities of  the  financial
frauds unit. Nothing herein is intended to abrogate or modify in any way
any common law privilege of immunity heretofore enjoyed by any person.
  S 406. Other law enforcement authority, powers and duties not affected
or impaired. This article shall not:
  (a) Preempt the authority or relieve the duty of other law enforcement
agencies to investigate and prosecute suspected violations of law;
  (b)  Prevent  or  prohibit  a  person  from voluntarily disclosing any
information concerning violations of this article to any law enforcement
agency; or
  (c) Limit any of the powers granted elsewhere in the  banking  law  or
insurance  law  or other laws to the superintendent or the department to
investigate possible violations of law  and  take  appropriate  remedial
action.
  S  407.  Financial fraud.  The superintendent may levy civil penalties
for financial fraud pursuant to this article, the  banking  law  or  the
insurance law.
  S  408. Civil penalty.  In addition to any civil or criminal liability
arising under the provisions of this  article,  the  superintendent  may
levy  a  civil  penalty  not  exceeding  five  thousand dollars for each
violation upon any regulated person under the banking law or the  insur-
ance  law and any such regulated person's employees, who is found, after
notice and hearing, to have committed a  financial  fraud  or  otherwise
violated  the provisions of this chapter.  Nothing in this section shall

A. 4012--B                         14

preclude  the  superintendent  from  imposing  any  disciplinary  action
against  any regulated person under the banking law or the insurance law
and any such regulated person's employees.   The  term  violation  shall
have  the  same  meaning as that term is interpreted under section three
hundred fifty-d of the general business law.
  S 409. Reports. (a) Whenever the superintendent is  satisfied  that  a
material  financial  fraud  has  been committed or attempted, the super-
intendent shall report any such violation of law, as the  superintendent
deems  appropriate,  to  the  appropriate licensing agency, the district
attorney of the county in which such acts were committed,  when  author-
ized  by  law,  to  the  attorney general, and where appropriate, to the
person who submitted the report of fraudulent activity, as  provided  by
the  provisions  of  this  article.    Within one hundred twenty days of
receipt of the superintendent's report,  the  attorney  general  or  the
district  attorney  concerned  shall inform the superintendent as to the
status of the reported violations.
  (b) No later than March fifteenth of each year, beginning in two thou-
sand twelve, the superintendent  shall  furnish  to  the  governor,  the
speaker  of  the  assembly  and  the temporary president of the senate a
report describing the activities of  the  financial  frauds  unit.  Such
report  shall describe (1) the unit's efforts with respect to (A) frauds
against entities regulated under the banking and insurance laws; and (B)
frauds against consumers; (2) the unit's activities to address  consumer
complaints;  and  (3)  any  recommendations  of  the superintendent with
respect to changes  of  law  that  are  desirable  to  address  gaps  in
protection.  The  report  may address such other matters relating to the
activities of the financial frauds unit as the  superintendent  believes
will be useful to the governor or the legislature.
  (c)  No  later than March fifteenth of each year beginning in the year
two thousand twelve, the superintendent shall submit  to  the  governor,
the  state comptroller, the attorney general, the temporary president of
the senate, the speaker of the assembly, the chairpersons of the  senate
finance  and  health  committees,  and  the  assembly ways and means and
health committees, a report summarizing the department's  activities  to
investigate  and  combat  health  insurance  fraud including information
regarding referrals received, investigations  initiated,  investigations
completed, and any other material necessary or desirable to evaluate the
department's efforts.
                                ARTICLE 5
                        CONSUMER PROTECTION UNIT
Section 501. Legislative declaration.
        502. Consumer protection unit.
        503. Powers of the consumer protection unit.
        504. Other  law  enforcement  authority,  powers  and duties not
               affected or impaired.
        505. Reports.
  S 501. Legislative  declaration.  The  legislature  hereby  finds  and
declares  that  the  consumption  of  goods  and services is an economic
activity that affects the life of every citizen. The legislature further
finds that unscrupulous and questionable business practices  are  detri-
mental  to  the  economic  well-being  of the citizens of this state. In
order to protect the people of New York state  from  economic  harm  the
legislature  finds  that  it is appropriate that the responsibilities of
the consumer protection  board  be  consolidated  into  a  new  consumer
protection unit under the supervision of the superintendent.

A. 4012--B                         15

  S  502.  Consumer protection unit. (a) The superintendent shall estab-
lish a consumer protection unit in the  department  of  financial  regu-
lation.
  (b)  The superintendent is authorized to establish within the consumer
protection unit one or more units and assign  appropriate  functions  to
any  such  unit  and  may  appoint such staff as necessary and prescribe
their  duties  and  fix  their  compensation  within  the  appropriation
provided by law.
  S 503. Powers of the consumer protection unit. (a) The unit shall have
the power and duty to:
  (a)   receive   complaints  of  consumers,  attempt  to  mediate  such
complaints where appropriate, and refer complaints  to  the  appropriate
unit  of the department, or federal, state or local agency authorized by
law for appropriate action on such complaints;
  (b) coordinate the activities of all state agencies performing consum-
er protection functions;
  (c) initiate and encourage consumer education programs;
  (d) conduct investigations, research, studies and analyses of  matters
affecting the interests of consumers;
  (e)  cooperate  with and assist the attorney general and the financial
frauds unit in the carrying out of  legal  enforcement  responsibilities
for the protection of consumers;
  (f)  implement  other powers and duties by regulation and otherwise as
prescribed by any provision of law;
  (g)(1) advise and make recommendations  to  the  governor  on  matters
affecting  the  consumers  of  the  state  and promote and encourage the
protection of the legitimate interests of consumers  within  the  state;
and
  (2)  study  the operation of consumer protection laws and recommend to
the governor new laws and amendments of laws for consumer protection;
  (h) initiate, intervene in, or participate in any  proceedings  before
the  public  service  commission,  to  the extent authorized by sections
twenty-four-a, seventy-one, eighty-four  or  ninety-six  of  the  public
service  law or any other applicable provision of law, where such initi-
ation, intervention or participation is deemed to be necessary or appro-
priate;
  (i) represent the interests of consumers of the state before  federal,
state and local administrative and regulatory agencies;
  (j)  undertake  activities to encourage business and industry to main-
tain high standards of honesty,  fair  business  practices,  and  public
responsibility  in  the production, promotion and sale of consumer goods
and services;
  (k) conduct product  research  and  testing  and,  where  appropriate,
contract  with  private  agencies  and firms for the performance of such
services;
  (l) cooperate with and assist local governments in the development  of
consumer protection activities;
  (m)  establish  advisory  councils  to assist in policy formulation on
specific consumer problems;
  (n) cooperate with and assist consumers in  class  actions  in  proper
cases; and
  (o)  create  an  internet website or webpage pursuant to section three
hundred ninety-c of the general business law.
  S 504. Other law enforcement authority, powers and duties not affected
or impaired. This article shall not:

A. 4012--B                         16

  (a) Preempt the authority or relieve the duty of other law enforcement
agencies to investigate and prosecute suspected violations of law;
  (b)  Prevent  or  prohibit  a  person  form voluntarily disclosing any
information concerning violations of this article to any law enforcement
agency; or
  (c) Limit any of the powers granted elsewhere in the  banking  law  or
the  insurance law or other laws to the superintendent or the department
to investigate possible violations of law and take appropriate  remedial
action.
  S  505. Reports. No later than March fifteenth of each year, beginning
in two thousand twelve, the superintendent shall furnish to  the  gover-
nor,  the  speaker  of  the  assembly and the temporary president of the
senate a report describing the activities  of  the  consumer  protection
unit.  The superintendent shall prepare quarterly a report to the gover-
nor, the speaker of the assembly and  the  temporary  president  of  the
senate  of  the  category  and number of complaints received by the unit
during the previous quarter in sufficient detail to assist  the  recipi-
ents  in  determining the need for additional laws for the protection of
the consumer. Additionally, all such complaints  received  by  the  unit
shall be maintained on a category by category basis.
                                ARTICLE 6
        RESTRICTIONS ON OFFICERS AND EMPLOYEES OF THE DEPARTMENT
Section 601. Restrictions  on  officers and employees of the department;
               penalty.
  S 601. Restrictions on  officers  and  employees  of  the  department;
penalty.  (a)  No  officer  or employee of the department shall obtain a
loan or extension of credit from any regulated person or  be  interested
in  any such regulated person as a director, partner, officer, attorney,
agent, trustee or employee, or own or deal in, either directly or  indi-
rectly,  the  stocks  or  obligations  of any such regulated person.   A
violation of the provisions of this section by any officer  or  employee
shall constitute sufficient grounds for his or her removal by the super-
intendent.
  (b) Nothing in this section shall be construed to prohibit any officer
or  employee from obtaining financing upon his or her primary or second-
ary residence, provided that the premises securing such loan  are  occu-
pied  by  such employee, and further provided that such loan is reported
to the department, which shall keep a record thereof.  The  term  "resi-
dence,"  for the purposes of this section, shall mean a single family or
two family residence, condominium apartment  or  cooperative  apartment,
occupied  in  whole  or  in  part,  by the officer or employee. The term
"cooperative apartment" means a residence where ownership  is  evidenced
by  certificates of stock or other evidence of an ownership interest in,
and a proprietary lease from, a corporation or  partnership  formed  for
the purpose of the cooperative ownership of real estate.
  (c) Nothing in this section shall be construed to prohibit any officer
or  employee from:  (1) obtaining a loan secured by an assignment of his
or her deposit in a banking organization, or an assignment or pledge  of
his or her shares in a savings and loan association or credit union; (2)
accepting  financing  of an automobile, truck or other personal property
from a banking organization or a sales  finance  company;  (3)  entering
into  a  premium finance agreement with a premium finance agency; or (4)
owning shares of an investment company  (mutual  fund)  that  may  inci-
dentally invest in the securities of any entity licensed or regulated by
the department, provided that the purpose of the investment portfolio of
such investment company may not be to invest primarily or exclusively in

A. 4012--B                         17

the  securities  of  banking or insurance entities. For purposes of this
section, investment companies include open-end and closed-end investment
companies and unit investment trusts as those terms are  defined  in  an
Act  of  Congress  entitled  "The  Investment  Company  Act of 1940," as
amended.
  (d) Nothing in this section shall be construed to prevent any  officer
or  employee  from becoming a policyholder of any insurer or from taking
out a loan under  the  officer's  or  employee's  insurance  policy,  or
prevent or impair the ability of the superintendent to act as a liquida-
tor,  rehabilitator,  or conservator pursuant to article seventy-four of
the insurance law or article thirteen of the banking law.
  (e) The superintendent may  promulgate  policies  and  procedures  for
exempting particular employees, or classes of employees, from investment
restrictions  in  subsection (a) of this section as to regulated persons
with which such employee or class  of  employees  has  no  authority  or
involvement.
  (f)  This section shall not apply to investments held in a blind trust
approved by the superintendent or the superintendent's designee.
  S 2. Article 2-B of the banking law is REPEALED.
  S 3. Section 401 of the insurance law is amended to read as follows:
  S 401. Title; legislative declaration and purpose. This article  shall
be known and may be cited as the "insurance frauds prevention act".
  (a)  The legislature finds and declares that the business of insurance
directly and indirectly affects all sectors of the public, business  and
government.  It  further finds that the business of insurance, including
organization and licensing, the issuance of policies, and the adjustment
and payment of claims and losses, involve many transactions  which  have
potential for abuse and illegal activities.
  (b)  [The superintendent and the department have broad authority under
this chapter to investigate activities which may be  fraudulent  and  to
develop  evidence  thereon.  This article is intended to permit the full
utilization of the expertise of the superintendent and the department so
that they  may  more  effectively  investigate  and  discover  insurance
frauds,  halt  fraudulent  activities  and assist and receive assistance
from federal and state law enforcement agencies in  the  prosecution  of
persons who are parties to insurance frauds.
  (c)]  Arson  for  insurance  fraud  is  a  particularly damaging crime
against society, destroying lives, property and neighborhoods.    Insur-
ance  losses  resulting  from  arson  are  reflected  in higher premiums
charged to residents of this state.
  [(d)] (C) This article establishes a framework within which the super-
intendent and the department can more effectively assist in  the  elimi-
nation  of  arson for insurance fraud. That increased capacity, together
with a more effective monitoring of fire loss claims and payments by the
insurance industry  through  centralized  reporting  and  oversight,  is
intended  to make it more difficult to perpetrate the crime of insurance
fraud by arson.
  S 4. Intentionally omitted.
  S 5. Intentionally omitted.
  S 6. Subsection (a) of section 404 of the insurance law, as amended by
chapter 499 of the laws of 2009, is amended to read as follows:
  (a) If the [insurance frauds  bureau]  SUPERINTENDENT  has  reason  to
believe  that a person has engaged in, or is engaging in, an act defined
in section 155.05 of the penal law, with respect to personal or  commer-
cial  insurance  transactions, the business of life settlements, section
176.05 or section 176.40 of such law, the superintendent may  make  such

A. 4012--B                         18

investigation  within  or without this state as the superintendent deems
necessary to aid in the enforcement of  this  chapter  or  to  determine
whether  any  person  has  violated  or  is  about  to  violate any such
provision of the penal law.
  S  7.  Section  405 of the insurance law, as amended by chapter 499 of
the laws of 2009, paragraph 11 of subsection (d) as amended  by  chapter
11 of the laws of 2010, is amended to read as follows:
  S  405. Reports. (a) Any person licensed or registered pursuant to the
provisions of this chapter, and any person engaged in  the  business  of
insurance  or life settlement in this state who is exempted from compli-
ance with the licensing requirements  of  this  chapter,  including  the
state  insurance  fund  of this state, who has reason to believe that an
insurance transaction or life settlement act may be fraudulent,  or  has
knowledge  that  a  fraudulent  insurance transaction or fraudulent life
settlement act is about to take place, or has taken place shall,  within
thirty  days  after  determination  by  such person that the transaction
appears to be fraudulent, send to the [insurance frauds  bureau]  SUPER-
INTENDENT  on  a  form prescribed by the superintendent, the information
requested by the form and such additional information  relative  to  the
factual circumstances of the transaction and the parties involved as the
superintendent may require. The [insurance frauds bureau] SUPERINTENDENT
shall  accept  reports of suspected fraudulent insurance transactions or
fraudulent life settlement acts from any self insurer, including but not
limited to self insurers providing health insurance  coverage  or  those
defined  in  section  fifty  of the workers' compensation law, and shall
treat such reports as any other received pursuant to this section.
  (b) The [insurance frauds bureau]  SUPERINTENDENT  shall  review  each
report  and undertake such further investigation as [it] THE SUPERINTEN-
DENT deems necessary and proper to determine the validity of the allega-
tions.
  [(c) Whenever the superintendent is satisfied that a  material  fraud,
deceit, or intentional misrepresentation has been committed in an insur-
ance  transaction  or  in  the business of life settlements or purported
insurance transaction or business of life settlements, he or  she  shall
report  any  such  violation of law to the appropriate licensing agency,
the district attorney of the county in which such acts  were  committed,
when  authorized by law, to the attorney general, and where appropriate,
to the person who  submitted  the  report  of  fraudulent  activity,  as
provided  by  the  provisions of this article. Within one hundred twenty
days of receipt of the superintendent's report, the attorney general  or
the  district  attorney  concerned shall inform the superintendent as to
the status of the reported violations.
  (d) No later than March fifteenth of each year, beginning in  nineteen
hundred  ninety-four,  the superintendent shall furnish to the governor,
the speaker of the assembly and the president pro tem of  the  senate  a
report containing:
  (1)  a  comprehensive  summary  and  assessment of the frauds bureau's
efforts in discovering, investigating and halting fraudulent  activities
and assisting in the prosecution of persons who are parties to insurance
fraud or life settlement fraud;
  (2)  the number of reports received from any person or persons engaged
in the business of insurance or life settlements, the number of investi-
gations undertaken by the bureau pursuant to any reports  received,  the
number of investigations undertaken not as a result of reports received,
the  number of investigations that resulted in a referral to a licensing
agency, a local prosecutor or the attorney general, the number  of  such

A. 4012--B                         19

referrals  pursued  by  a  licensing  agency,  a local prosecutor or the
attorney general, and the disposition of such cases;
  (3)  a delineation of the number of reported and investigated cases by
line of insurance and those that relate to life settlements;
  (4) a comparison of the frauds bureau's  experience,  with  regard  to
paragraphs  two and three of this subsection, to the bureau's experience
of years past;
  (5) the total number of employees assigned to the frauds bureau delin-
eated by title and location of bureau assigned;
  (6) an assessment of the activities of insurance  companies  and  life
settlement  providers  activities  in regard to detecting, investigating
and reporting fraudulent activities, including a list of companies which
maintain special investigative units for the sole purpose of  detecting,
investigating  and  reporting  fraudulent  activities  and the number of
investigators assigned to such units per every thirty thousand  policies
or life settlement contracts in force with such company or provider;
  (7)  the  amount  of  technical  and monetary assistance requested and
received by the frauds bureau from any insurance company  or  companies,
any life settlement provider or providers, or any organization funded by
insurance companies or life settlement providers;
  (8)  the  amount  of  money returned by the frauds bureau to insurance
companies pursuant to any fraudulent claims that were  recouped  by  the
bureau;
  (9)  the  number  and  amount  of civil penalties levied by the frauds
bureau pursuant to chapter four hundred eighty of the laws  of  nineteen
hundred ninety-two;
  (10)  recommendations  for further statutory or administrative changes
designed to meet the objectives of this article; and
  (11) an assessment of law enforcement and insurance company activities
to detect and curtail the incidence of operating a motor vehicle without
proper insurance coverage as required by this chapter and the  incidence
of  misrepresentation  by  insureds  of  the principal place where motor
vehicles are garaged and driven.]
  S 8. Sections 406, 407-a and 410 of the insurance law are REPEALED.
  S 9. Paragraph 1 of subsection (c) of section  409  of  the  insurance
law,  as added by chapter 635 of the laws of 1996, is amended to read as
follows:
  (1)  interface  of  special  investigation  unit  personnel  with  law
enforcement and prosecutorial agencies[, including] AND WITH the [insur-
ance  frauds  bureau]  FINANCIAL  FRAUDS  UNIT  of  the [state insurance
department] DEPARTMENT OF FINANCIAL REGULATION;
  S 10. Paragraph 1 of subsection (b) of section 411  of  the  insurance
law,  as added by chapter 499 of the laws of 2009, is amended to read as
follows:
  (1) interface  of  special  investigations  unit  personnel  with  law
enforcement  and prosecutorial agencies, including the [insurance frauds
bureau] FINANCIAL FRAUDS UNIT in the department;
  S 11. Section 11 of the banking law, as amended by chapter 684 of  the
laws  of 1938, the section heading as amended by chapter 777 of the laws
of 1939, subdivisions 1 and 4 as amended by chapter 566 of the  laws  of
2004 and subdivision 3 as amended by chapter 276 of the laws of 1990, is
amended to read as follows:
  S 11.  [Banking  department;  official]  DEPARTMENT OF FINANCIAL REGU-
LATION; OFFICIAL documents; destruction of documents; official  communi-
cations. 1. The [banking] department shall be charged with the execution
of  the laws relating to the individuals, partnerships, corporations and

A. 4012--B                         20

other entities to which this chapter is applicable  and  shall  exercise
such powers and perform such duties as are conferred and imposed upon it
by  this  chapter, or by any law of this state. [The principal office of
the department shall be in the city of Albany.
  2.  Every  paper executed by an officer of the department in pursuance
of authority conferred by law and sealed with the official seal  of  the
department  shall  be  received  in evidence, and may be recorded in the
proper recording offices in the same manner and with the same effect  as
a deed regularly acknowledged.
  3.]  2. (a) Except as specified in paragraph (b) or (c) of this subdi-
vision, any report expressly required to be rendered to the  superinten-
dent  under  any provision of this chapter, any report of an examination
made in accordance with any provision of this chapter, and any  oath  or
declaration  of  office  received by the department shall be retained in
such form and for such period as the superintendent finds necessary  and
proper. After such period the superintendent shall recommend disposal of
such material in accordance with the provisions of the arts and cultural
affairs law.
  (b)  Reports  made  in  accordance with section twenty-eight-b of this
[chapter] ARTICLE or pursuant to the rules and regulations of the [bank-
ing board] SUPERINTENDENT promulgated in  connection  with  assessing  a
banking organization's record of performance in meeting the credit needs
of  local  communities  within  the meaning of section twenty-eight-b of
this [chapter] ARTICLE,  including  reports  expressly  required  to  be
rendered  to  the  superintendent  and  reports  of  examinations may be
destroyed at the direction of the superintendent and in accordance  with
the  provisions  of  the arts and cultural affairs law after three years
from date of receipt thereof, provided any such report  has  first  been
photographed,  microphotographed  or  otherwise  reproduced.   Each such
reproduction shall be retained in the files  of  the  department  for  a
period  of  at  least  fifteen  years from the date of the last received
report, oath or declaration appearing thereon. After the  expiration  of
such  period, such reproduction may be destroyed at the direction of the
superintendent and in accordance with the provisions  of  the  arts  and
cultural affairs law. Such reproduction thereof shall be deemed, for any
purpose, the equivalent of the original of such report.  Any such report
not so reproduced shall be retained in the files of the department for a
period of at least fifteen years from the date of receipt thereof, after
which  it may be destroyed at the direction of the superintendent and in
accordance with the provisions of the arts and cultural affairs law.
  (c) This subdivision shall not apply  to  any  records,  documents  or
correspondence  referred  to  in subdivision four of section six hundred
twenty-seven of this chapter.
  4. Any communication from the  [banking]  department  to  any  person,
partnership,  corporation  or  other entity may contain a direction that
such communication shall be presented to the controlling owners or prin-
cipal management of such entity, members of such partnership or  to  the
board  of  directors  or  trustees  of such corporation. A communication
containing such direction shall be for the purposes of this  chapter  an
official   communication.   The   superintendent  may,  in  his  or  her
discretion, notify in writing each owner or principal  manager  of  such
entity,  every  member of such partnership and every director or trustee
of such corporation of the sending of such a communication and, in  that
event the notification shall state the date of such communication.
  S 12. Section 12 of the banking law is REPEALED.

A. 4012--B                         21

  S 12-a. Sections 204, 301, 302, 303, 304, 305, 313, 326 and 327 of the
insurance law are REPEALED.
  S  13.  Paragraphs  17  and 41 of subsection (a) of section 107 of the
insurance law are amended to read as follows:
  (17) "department" means the [insurance] department OF FINANCIAL  REGU-
LATION of this state.
  (41)  "superintendent"  means the superintendent of [insurance] FINAN-
CIAL REGULATION of this state.
  S 13-a. Section 2 of the banking law is  amended  by  adding  two  new
subdivisions 28 and 29 to read as follows:
  (28)  DEPARTMENT. THE TERM "DEPARTMENT" MEANS THE DEPARTMENT OF FINAN-
CIAL REGULATION OF THIS STATE.
  (29) SUPERINTENDENT. THE TERM "SUPERINTENDENT" MEANS  THE  SUPERINTEN-
DENT OF FINANCIAL REGULATION OF THIS STATE.
  S  13-b. Section 77 of the banking law is REPEALED and sections 78, 79
and 80 are renumbered sections 77, 78 and 79.
  S 13-c. Section 77 of the banking law, as amended by  chapter  472  of
the laws of 2008 and as renumbered by section thirteen-b of this act, is
amended to read as follows:
  S 77.  Powers of the [bureau] FINANCIAL FRAUDS UNIT.  If the [criminal
investigations bureau] FINANCIAL FRAUDS UNIT has a reasonable  suspicion
that  a  person  or entity subject to the jurisdiction of the department
has, in connection with activities authorized by this  chapter,  engaged
in, or is engaging in an activity which is a misdemeanor or felony under
this chapter or under article one hundred fifty-five, one hundred seven-
ty,  one  hundred  seventy-five,  one  hundred  seventy-six, one hundred
eighty, one hundred eighty-five, one hundred eighty-seven,  one  hundred
ninety,  two  hundred,  two  hundred  ten or four hundred seventy of the
penal law, the superintendent may undertake  such  investigation  as  is
deemed  necessary,  and  in  the  enforcement of this chapter, determine
whether any such person or entity has violated or is  about  to  violate
any  of  the  above referenced laws or articles. Provided, however, that
the scope of authority set forth in this section shall not be deemed  to
otherwise  limit  or  impair the ability of the department to assist any
other entity in an investigation involving a violation of law.
  S 13-d. Section 78 of the banking law, as added by chapter 321 of  the
laws  of  1992  and  as renumbered by section thirteen-b of this act, is
amended to read as follows:
  S 78. Immunity. In the absence of fraud or bad  faith,  no  person  or
entity  subject  to  the  provisions of this chapter shall be subject to
civil liability, and no civil cause of action of any nature shall  arise
against such person or entity, for providing information to law enforce-
ment  officials,  including  persons  assigned to the [criminal investi-
gations bureau] FINANCIAL FRAUDS UNIT, relating  to  suspected  criminal
violations  of this chapter or the affecting entities or persons subject
to the jurisdiction of the department.
  S 14. Paragraphs (b) and (e) of subdivision 1 of section  169  of  the
executive  law, paragraph (b) as amended by section 1 of part F of chap-
ter 56 of the laws of 2005, and paragraph (e) as separately  amended  by
section  11  of  part  A-1 and section 10 of part O of chapter 56 of the
laws of 2010, are amended to read as follows:
  (b) commissioner of labor,  chairman  of  public  service  commission,
commissioner  of  taxation and finance, superintendent of [banks] FINAN-
CIAL REGULATION, commissioner of criminal justice services, [superinten-
dent of insurance,] and commissioner of parks, recreation  and  historic
preservation;

A. 4012--B                         22

  (e)  chairman  of  state  athletic commission, [chairman and executive
director of consumer protection board,] director of the office of victim
services, chairman of human rights appeal board, chairman of the  indus-
trial  board of appeals, chairman of the state commission of correction,
members of the board of parole, members of the state racing and wagering
board,  member-chairman of unemployment insurance appeal board, director
of veterans' affairs, and vice-chairman  of  the  workers'  compensation
board;
  S 15. Section 332 of the insurance law is REPEALED.
  S 16. Section 17 of the banking law is REPEALED.
  S 17. Section 13 of the banking law is REPEALED.
  S 18. Section 201 of the insurance law is REPEALED.
  S 19. Section 202 of the insurance law is REPEALED.
  S 20. Article 20 of the executive law is REPEALED.
  S 21. Section 192-d of the agriculture and markets law is REPEALED.
  S 22. Section 285 of the agriculture and markets law is REPEALED.
  S  23.  Subdivision 1 of section 5010 of the education law, as amended
by chapter 604 of the laws of 1993, is amended to read as follows:
  1. An advisory council for  registered  business  and  licensed  trade
schools  is  hereby  created  for  the  purpose of advising the board of
regents and the commissioner as provided herein. The  council  shall  be
composed  of eleven members appointed by the governor, two of whom shall
be upon the recommendation of the temporary president of the senate, two
of whom shall be upon the recommendation of the speaker of the assembly,
one of whom shall be upon the recommendation of the minority  leader  of
the  senate  and  one  of  whom  shall be upon the recommendation of the
minority leader of the assembly. Of  the  five  remaining  members,  one
shall  be  an  owner  or director of a school regulated pursuant to this
article, one shall be a  currently  enrolled  student  at  the  time  of
appointment  or  a  graduate of such a school who graduated within three
years of appointment and one shall be a student advocate.  The  governor
shall  designate  a  chairperson from such members.  The commissioner of
education, the president of the higher education  services  corporation,
the [chair of the consumer protection board] SUPERINTENDENT OF FINANCIAL
REGULATION, the comptroller, the director of the division of the budget,
and  the  executive director of the job training partnership council, or
their designees, shall serve as ex-officio, non-voting  members  of  the
council.
  S  24.  Subdivision  1 of section 6-102 of the energy law, as added by
chapter 433 of the laws of 2009, is amended to read as follows:
  1. There shall be established a state energy planning  board,  herein-
after  referred  to  as the "board", which shall consist of the chair of
the public service commission, the commissioner of environmental conser-
vation, the commissioner of economic development,  the  commissioner  of
transportation,  the  commissioner  of  labor, the director of the state
emergency management office,  [the  chair  of  the  consumer  protection
board,]  the commissioner of health, the president of the New York state
urban development corporation, the secretary of state and the  president
of  the  New  York  state energy research and development authority. The
governor, the speaker of the assembly and the temporary president of the
senate shall each appoint one representative to serve on the board.  The
presiding officer of the federally designated electric bulk system oper-
ator (BSO) shall serve as a non-voting member of the board. Any decision
or  action  by the board shall be by majority vote. The president of the
New York state energy research and development authority shall serve  as

A. 4012--B                         23

chair  of  the  board.   Members of the board may designate an executive
staff representative to participate on the board on their behalf.
  S  25.  Section  12-101-a of the energy law, as added by chapter 83 of
the laws of 1995, is amended to read as follows:
  S 12-101-a. Administration.   Notwithstanding any other  provision  of
law,  the  [state  consumer  protection  board]  NEW  YORK  STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY shall be deemed to have the responsi-
bility and authority to implement the provisions of this article.
  S 26. Section 17-102 of the energy law, as added by chapter 83 of  the
laws of 1995, is amended to read as follows:
  S 17-102. Administration.  Notwithstanding any other provision of law,
the [state consumer protection board] NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT  AUTHORITY  shall  be  deemed to have the responsibility and
authority to implement the provisions of this article.
  S 27. Paragraph (a) of subdivision 7 of section 208 of the state tech-
nology law, as amended by chapter 491 of the laws of 2005, is amended to
read as follows:
  (a) In the event that any New York residents are to be  notified,  the
state  entity  shall  notify  the  state attorney general, [the consumer
protection board,] THE DEPARTMENT OF FINANCIAL REGULATION and the  state
office  of cyber security and critical infrastructure coordination as to
the timing, content and distribution  of  the  notices  and  approximate
number  of  affected persons. Such notice shall be made without delaying
notice to affected New York residents.
  S 28. Article 14-A of the general business law is REPEALED.
  S 29. Subdivision 1 of section 442-i of  the  real  property  law,  as
added by chapter 248 of the laws of 1995, is amended to read as follows:
  1.  There is hereby established within the department of state a state
real estate board which shall consist of the secretary  of  state,  [the
executive  director  of the consumer protection board] SUPERINTENDENT OF
FINANCIAL REGULATION, and thirteen additional members. At least five  of
these  members shall be "real estate brokers", each of whom, at the time
of appointment, shall be licensed and qualified as a real estate  broker
under the laws of New York state and shall have been engaged in the real
estate  business  in  this state for a period of not less than ten years
prior to appointment.  The remaining members shall be  "public  members"
who shall not be real estate licensees.
  S  30.  Subdivisions  1 and 4 of section 490-a of the general business
law are REPEALED and two new subdivisions 1 and 4 are added to  read  as
follows:
  1. "DEPARTMENT" MEANS THE DEPARTMENT OF FINANCIAL REGULATION.
  4.  "SUPERINTENDENT"  MEANS  THE  SUPERINTENDENT  OF THE DEPARTMENT OF
FINANCIAL REGULATION.
  S 31. Paragraph (d) of subdivision 1 of section 490-d of  the  general
business law, as added by chapter 553 of the laws of 2008, is amended to
read as follows:
  (d)  Provide  notification to the [board] DEPARTMENT of such recall or
warning.
  S 32. Paragraph (b) of subdivision 2 of section 490-d of  the  general
business law, as added by chapter 553 of the laws of 2008, is amended to
read as follows:
  (b)  The  commercial  dealer  shall  provide to the [board] DEPARTMENT
certification of disposition for such recalled  products  within  ninety
days  after  the issuance of the recall, unless upon written application
by such dealer the [board] DEPARTMENT determines an extension of time is
warranted.

A. 4012--B                         24

  S 33. Sections 490-g and 490-h of the general business law,  as  added
by chapter 553 of the laws of 2008, are amended to read as follows:
  S  490-g.  Enforcement. 1. Where it is determined after a hearing that
any person has violated one or more  provisions  of  this  article,  the
[director]  SUPERINTENDENT  may  assess  a civil penalty no greater than
five thousand dollars  for  each  violation.  Any  proceeding  conducted
pursuant  to  this  section shall be subject to the state administrative
procedure act. Upon the occasion of a  second  violation  or  subsequent
violations  of this article, a civil penalty no greater than fifty thou-
sand dollars may be assessed.
  2. The [board] DEPARTMENT  shall  provide  the  attorney  general  any
information   on  recalled  or  unsafe  products,  complaints  regarding
recalled or unsafe products and violations  of  this  section  that  are
necessary for the purposes of enforcement by the attorney general pursu-
ant to section sixty-three of the executive law.
  3. The [director] SUPERINTENDENT or his or her designee may administer
oaths and take affidavits in relation to any matter or proceeding in the
exercise  of  the  powers  and duties under this article. The [director]
SUPERINTENDENT or his or her  designee  may  subpoena  and  require  the
attendance  of  witnesses and the production of books, papers, contracts
and any other documents  pertaining  to  any  investigation  or  hearing
conducted pursuant to this article.
  4.  If  any person refuses to comply with a subpoena issued under this
section, the [board] DEPARTMENT may petition a court of competent juris-
diction to enforce the subpoena and such  sanctions  as  the  court  may
direct.
  5.  Nothing  in  this section shall be construed to restrict any right
which any person may have under any other statute or at common law.
  S 490-h. Promulgation of rules and regulations. The [board] DEPARTMENT
shall promulgate rules and regulations to administer this article.
  S 34. Subdivision 9 of section 349-d of the general business  law,  as
added by chapter 416 of the laws of 2010, is amended to read as follows:
  9.  The  attorney general, upon his or her own motion or upon referral
from the public service commission, the Long Island power  authority  or
the   [state   consumer   protection   board]  DEPARTMENT  OF  FINANCIAL
REGULATION, may bring a civil action against any energy services company
that violates any provision of this section and may recover (a) a  civil
penalty  not to exceed one thousand dollars per violation; and (b) costs
and reasonable attorney's fees. In any such  proceeding  the  court  may
direct restitution.
  S  35. Subdivisions (b) and (c) of section 372 of the general business
law, as amended by section 6 of part VV of chapter 59  of  the  laws  of
2009, are amended to read as follows:
  (b)  The  department shall, in accordance with regulations promulgated
by the commissioner of taxation and finance, produce and make  available
to  taxpayers and tax preparers an informational flier regarding consum-
ers' rights and laws concerning tax preparers to be called  a  "consumer
bill  of  rights  regarding tax preparers". The department shall consult
with the [state consumer protection board] DEPARTMENT OF FINANCIAL REGU-
LATION to enhance distribution of fliers to consumers. The  flier  shall
also  be  made  available  on  the  department  and  the [state consumer
protection board's] DEPARTMENT OF FINANCIAL REGULATION'S internet  site,
and shall contain information including, but not limited to, the follow-
ing:
  (1) postings required by state and federal laws, such as price posting
and posting of qualifications;

A. 4012--B                         25

  (2) explanations of some of the commonly offered services and industry
jargon,  such  as  preparation  of short and long federal forms, refund,
electronic filing, express mail,  direct  deposit,  refund  anticipation
check,  refund  anticipation loan, quick, instant, rapid, fast, fee, and
interest;
  (3) basic information on what a tax preparer is and is not required to
do  for  a  consumer,  such  as  the preparer's responsibility to sign a
return, that a tax preparer may not be required to accompany a  consumer
to  an  audit  but  the company may have a voluntary policy to accompany
consumers to audits; and
  (4) the telephone  numbers  of  the  department  for  information  and
complaints.
  The flier shall be in a form which is easily reproducible by photocopy
machine.
  (c)  The  department  shall  coordinate  its  response to consumer tax
preparer complaints with the [state consumer protection board,  pursuant
to  subdivision (b) of section five hundred fifty-three of the executive
law] DEPARTMENT OF FINANCIAL REGULATION, as the department deems  appro-
priate.
  S 36. Subdivision (g) of section 380-t of the general business law, as
amended  by  chapter  279  of  the  laws  of 2008, is amended to read as
follows:
  (g) The [consumer protection board] DEPARTMENT OF FINANCIAL REGULATION
shall monitor the state of technology relating to the means available to
process requests for the lifting or removal of a  security  freeze,  and
shall report to the legislature when it is determined that the technolo-
gy  to  process requests for the lifting or removal of a security freeze
in a shorter period of time than that set forth in  subdivision  (e)  of
this section is available.
  S  37.  Subdivision 3 of section 390-c of the general business law, as
added by chapter 509 of the laws of 2007, is amended to read as follows:
  3. The [consumer protection board] DEPARTMENT OF FINANCIAL  REGULATION
shall  establish an internet security website or webpage, that includes,
but is not limited to, an explanation of what  a  firewall  is  and  the
importance of other internet security measures.
  S  38. Subdivision 2 of section 399-dd of the general business law, as
added by chapter 519 of the laws of 2006, is amended to read as follows:
  2. The [consumer protection board, in consultation with the] office of
parks, recreation and historic preservation[,]  shall  promulgate  rules
and regulations for the design, installation, inspection and maintenance
of   playgrounds  and  playground  equipment.  Those  regulations  shall
substantially  comply  with  the  guidelines  and  criteria  which   are
contained  in  the handbook for public playground safety produced by the
United States consumer products safety commission or any successor.  The
rules  and  regulations shall include special provisions for playgrounds
appropriate for children within the range of ages in day care settings.
  S 39. Paragraphs a and b of subdivision 1  of  section  399-z  of  the
general  business  law  are REPEALED, and two new paragraphs a and b are
added to read as follows:
  A. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF FINANCIAL REGULATION.
  B. "SUPERINTENDENT" SHALL MEAN THE SUPERINTENDENT OF THE DEPARTMENT OF
FINANCIAL REGULATION.
  S 40. Subdivision 4 of section 399-z of the general business  law,  as
amended  by  chapter  344  of  the  laws  of 2010, is amended to read as
follows:

A. 4012--B                         26

  4. a. The [board] DEPARTMENT is authorized to establish,  manage,  and
maintain  a  no telemarketing sales calls statewide registry which shall
contain a list of customers who do not wish to receive unsolicited tele-
marketing sales calls.  The  [board]  DEPARTMENT  may  contract  with  a
private vendor to establish, manage and maintain such registry, provided
the  private vendor has maintained national no telemarketing sales calls
registries for more than two years, and the contract requires the vendor
to provide the no telemarketing sales calls registry in a  printed  hard
copy format and in any other format as prescribed by the [board] DEPART-
MENT.
  b.  The [board] DEPARTMENT is authorized to have the national "do-not-
call" registry established, managed and maintained by the federal  trade
commission  pursuant  to 16 C.F.R. Section 310.4 (b) (1) (iii) (B) serve
as the New York state no telemarketing sales  calls  statewide  registry
provided  for by this section. The [board] DEPARTMENT is further author-
ized to take whatever administrative actions may be necessary or  appro-
priate  for such transition including, but not limited to, providing the
telephone numbers of New York customers registered on the no telemarket-
ing sales calls statewide registry to the federal trade commission,  for
inclusion on the national "do-not-call" registry.
  S 41. Subdivisions 6, 7 and 8 of section 399-z of the general business
law, subdivisions 6 and 8 as amended and subdivision 7 as added by chap-
ter 344 of the laws of 2010, are amended to read as follows:
  6.  a. The [board] DEPARTMENT shall provide notice to customers of the
establishment of the national "do-not-call" registry. Any  customer  who
wishes  to  be  included on such registry shall notify the federal trade
commission as directed by relevant federal regulations.
  b. Any company that provides local telephone directories to  customers
in  this  state  shall  inform  its  customers of the provisions of this
section by means of publishing a notice in such local telephone directo-
ries.
  7. When the [board] DEPARTMENT has reason to  believe  a  telemarketer
has  engaged  in repeated unlawful acts in violation of this section, or
when a notice of hearing has been issued pursuant to  subdivision  eight
of  this  section,  the  [board]  DEPARTMENT  may request in writing the
production of relevant documents and records as  part  of  its  investi-
gation.  If  the person upon whom such request was made fails to produce
the documents or records within  thirty  days  after  the  date  of  the
request,  the [board] DEPARTMENT may issue and serve subpoenas to compel
the production of such documents and records. If any person shall refuse
to comply with a subpoena issued under this section, the [board] DEPART-
MENT may petition a court  of  competent  jurisdiction  to  enforce  the
subpoena and such sanctions as the court may direct.
  8.  a.  Where  it  is  determined  after  hearing  that any person has
violated one or more provisions of this section, the  [director]  SUPER-
INTENDENT,  or  any  person deputized or so designated by him or her may
assess a fine not to exceed eleven thousand dollars for each violation.
  b. Any proceeding conducted pursuant to paragraph a of  this  subdivi-
sion shall be subject to the state administrative procedure act.
  c.  Nothing  in  this  subdivision  shall be construed to restrict any
right which any person may have under any other  statute  or  at  common
law.
  S  42.  Subdivision  1  of section 791 of the general business law, as
amended by chapter 133 of the laws  of  1999,  is  amended  to  read  as
follows:

A. 4012--B                         27

  1.  There  is  created  within the department a hearing aid dispensing
advisory board which shall consist of thirteen members to  be  appointed
by  the  secretary:  four  of  whom shall be non-audiologist hearing aid
dispensers who shall have been engaged in  the  business  of  dispensing
hearing aids primarily in this state for at least five years immediately
preceding their appointment, two to be appointed upon the recommendation
of  the  governor,  one  to  be appointed upon the recommendation of the
temporary president of the senate and  one  to  be  appointed  upon  the
recommendation  of  the  speaker  of the assembly; four members shall be
audiologists who are engaged in the dispensing of hearing  aids  for  at
least  five  years  immediately  preceding  their appointment, two to be
appointed upon the recommendation of the governor, one to  be  appointed
upon the recommendation of the temporary president of the senate and one
to  be appointed upon the recommendation of the speaker of the assembly;
two shall be otolaryngologists; and the remaining three members, none of
whom shall derive nor have derived in the past economic benefit from the
business of dispensing hearing aids, shall  be  from  the  resident  lay
public of this state who are knowledgeable about issues related to hear-
ing  loss.  At  least one lay member shall be an individual representing
adults over the age of fifty.  At least one of the lay members shall  be
a  hearing aid user. Of the otolaryngologists and lay members, one shall
be appointed by the secretary on  the  recommendation  of  the  minority
leader  of the senate and one shall be appointed by the secretary on the
recommendation of the minority leader of the assembly and three shall be
appointed by the secretary on the recommendation of the  governor.  Each
member  of  the  board  shall  be appointed for a term of two years. Any
member may be appointed for additional terms.  In  the  event  that  any
member  shall die or resign during his or her term, a successor shall be
appointed in the same manner and with the  same  qualifications  as  set
forth  in this section. A member may be reappointed for successive terms
but no member shall serve more than a total of ten years. The  secretary
or the designee of the secretary shall serve in an ex officio non-voting
position.  The secretary shall serve as chairperson. The commissioner of
education, the commissioner of health, [the chair and executive director
of the consumer protection board] THE SUPERINTENDENT OF  THE  DEPARTMENT
OF  FINANCIAL  REGULATION  and  the  attorney general or their designees
shall serve as non-voting ex officio members.
  S 43. Paragraph (a) of subdivision 8 of section 899-aa of the  general
business  law, as amended by chapter 491 of the laws of 2005, is amended
to read as follows:
  (a) In the event that any New York residents are to be  notified,  the
person or business shall notify the state attorney general, the [consum-
er  protection  board,] DEPARTMENT OF FINANCIAL REGULATION and the state
office of cyber security and critical infrastructure coordination as  to
the  timing,  content  and  distribution  of the notices and approximate
number of affected persons. Such notice shall be made  without  delaying
notice to affected New York residents.
  S  44.  Subsection (c) of section 3217 of the insurance law is amended
to read as follows:
  (c)  Prior to the issuance of regulations pursuant  to  this  section,
the  superintendent  shall  afford  the  public, including the companies
affected thereby, reasonable opportunity for comment  and  shall  obtain
the  views,  in writing, of the commissioner of health [and the chairman
of the consumer protection board].

A. 4012--B                         28

  S 45. Paragraph (a) of subdivision 1 of section  1898  of  the  public
authorities law, as added by chapter 487 of the laws of 2009, is amended
to read as follows:
  (a)  the  president  of  the  authority;  the  secretary of state; the
commissioner of housing  and  community  renewal;  the  commissioner  of
labor;  the  commissioner  of  temporary and disability assistance; [the
chair of the consumer  protection  board;]  THE  SUPERINTENDENT  OF  THE
DEPARTMENT  OF  FINANCIAL  REGULATION;  the  chair  of the department of
public service; the president of the power authority of the state of New
York; the president of the Long Island power authority; the commissioner
of economic development; the commissioner of environmental conservation;
or the designees of such persons; and
  S 46. Section 2803-s of the public health law, as added by chapter 539
of the laws of 2010, is amended to read as follows:
  S 2803-s. Access to product recall information. The commissioner shall
require that every hospital and birth center distribute at the  time  of
pre-booking  or  admission  directly to each maternity patient and, upon
request, to the general public an informational  leaflet.  Such  leaflet
shall be designed by the commissioner in conjunction with the [executive
director  of the state consumer protection board, on behalf of the state
consumer protection board,] SUPERINTENDENT OF THE DEPARTMENT  OF  FINAN-
CIAL  REGULATION  and shall contain information detailing how parents or
guardians of infants and children can subscribe  to  the  United  States
consumer  product  safety  commission's  e-mail  subscription  lists  to
receive consumer product recall and  safety  news  by  e-mail  from  the
United States consumer product safety commission and such other material
as  deemed  appropriate  by the commissioner. Such leaflet shall be made
available to hospitals and  birth  centers  by  the  department  on  its
website  and  shall  be  provided  in  English,  as  well as the top six
languages other than English spoken in the state according to the latest
available data from the United States Bureau of Census.
  S 47. Section 24-a of the public service law, as added by chapter  650
of the laws of 1974, is amended to read as follows:
  S 24-a. [1.] Notice to be given to [board] THE DEPARTMENT OF FINANCIAL
REGULATION prior to rate increase.
  1.  Notwithstanding  any inconsistent general, special or local law or
rule or regulation to the contrary, the commission shall to  the  extent
the  [board] DEPARTMENT shall so request in any cases or class of cases,
give notice to the [board] DEPARTMENT of any filed  statement  proposing
to  modify  or  increase rates, services, schedule of rates or any other
rating rule or to adopt or amend any rate  or  service  rules  or  regu-
lations  within  five days after the commission shall have received such
statement from any utility subject to its jurisdiction; provided, howev-
er, that in lieu of giving such notice, the commission may  direct  that
the utility give such notice to the [board] DEPARTMENT.
  2.  In  any  such case in which the [board] DEPARTMENT shall file with
the commission a statement of intent to be a party, the [board]  DEPART-
MENT  shall  have  and in its discretion may exercise all the rights and
privileges of a party.
  3. For the purposes of this section, the term  ["board"]  "DEPARTMENT"
shall  mean  the [state consumer protection board,] DEPARTMENT OF FINAN-
CIAL REGULATION, the term "commission" shall  mean  the  public  service
commission.
  S  48. Section 71 of the public service law, as amended by chapter 217
of the laws of 1978, is amended to read as follows:

A. 4012--B                         29

  S 71. Complaints as to quality  and  price  of  gas  and  electricity;
investigation by commission; forms of complaints.  Upon the complaint in
writing  of  the  mayor  of  a city, the trustees of a village, the town
board of a town or the chief executive officer or the  legislative  body
of  a  county in which a person or corporation is authorized to manufac-
ture, convey, transport, sell or supply gas  or  electricity  for  heat,
light  or power, or upon the complaint in writing of not less than twen-
ty-five customers or purchasers of such gas or electricity, or upon  the
complaint in writing of the [state consumer protection board] DEPARTMENT
OF  FINANCIAL  REGULATION,  or  upon a complaint of a gas corporation or
electrical corporation supplying or transmitting said gas  or  electric-
ity,  as to the illuminating or heating power, purity or pressure or the
rates, charges or classifications of service of gas, the  efficiency  of
the  electric  incandescent  lamp  supply,  the  voltage  of the current
supplied for light, heat or power, or the rates charged  or  classifica-
tion  of service of electricity sold and delivered in such municipality,
the commission shall investigate as to the  cause  for  such  complaint.
When  such complaint is made, the commission may, by its agents, examin-
ers and inspectors, inspect the works, system,  plant,  devices,  appli-
ances  and  methods used by such person or corporation in manufacturing,
transmitting and supplying such gas or electricity, and may  examine  or
cause to be examined the books and papers of such person, or corporation
pertaining  to the manufacture, sale, transmitting and supplying of such
gas or electricity. The form and contents of complaints made as provided
in this section shall be prescribed by the commission.  Such  complaints
shall  be  signed  by  the  officers, or by the customers, purchasers or
subscribers making them, who must add to their signatures  their  places
of residence, by street and number, if any.
  S  49. Section 84 of the public service law, as amended by chapter 650
of the laws of 1974, is amended to read as follows:
  S 84. Complaints as to service and price of steam heat;  investigation
by  commission;  forms of complaints.   Upon the complaint in writing of
the mayor of the city, the trustees of a village or the town board of  a
town in which a person or corporation is authorized to manufacture, sell
or  supply  steam for heat or power, or upon the complaint in writing of
not less than fifty customers or purchasers of such steam heat in cities
of the first or second class, or of not less than twenty-five in  cities
of  the  third  class,  or  of  not less than ten elsewhere, or upon the
complaint in writing of the [state consumer protection board] DEPARTMENT
OF FINANCIAL REGULATION, as to the  price,  pressure  or  efficiency  of
steam  supplied  for  heat  or power, sold and delivered in such munici-
pality, the commission shall  investigate  as  to  the  cause  for  such
complaint.  When  such  complaint  is  made,  the commission may, by its
agents, examiners and  inspectors,  inspect  the  work,  system,  plant,
devices,  appliances  and  methods used by such person or corporation in
manufacturing, transmitting and supplying such steam, and may examine or
cause to be examined the books and papers of such person or  corporation
pertaining  to the manufacture, sale, transmitting and supplying of such
steam. The form and contents of complaints  made  as  provided  in  this
section  shall  be prescribed by the commission. Such complaint shall be
signed by the officers, or by the customers, purchasers  or  subscribers
making  them, who must add to their signatures their place of residence,
by street and number, if any.
  S 50. Section 89-i of the public service law, as  amended  by  chapter
651 of the laws of 1974, is amended to read as follows:

A. 4012--B                         30

  S 89-i. Complaints  as to price of water; investigation by commission;
forms of complaints.  Upon the complaint in writing of the  mayor  of  a
city,  the  trustees of a village or the town board of a town in which a
person or corporation is authorized to supply or  distribute  water  for
domestic, commercial or public uses, or upon the complaint in writing of
not  less than twenty-five customers or purchasers of such water in such
municipality or upon complaint of a  water-works  corporation  supplying
such  water,  as to the rates, charges or classifications of service for
water sold and delivered in such municipality, or upon the complaint  in
writing of the [state consumer protection board] DEPARTMENT OF FINANCIAL
REGULATION,  or  as  to the methods employed in furnishing such service,
the commission shall investigate as to the cause of such complaint. When
such complaint is made, the commission may, by its agents, examiners and
inspectors, inspect the works, system, plant,  devices,  appliances  and
methods used by such water-works corporation in supplying and distribut-
ing  such  water,  and may examine or cause to be examined the books and
papers of such water-works corporation pertaining to the  supplying  and
distributing  of such water. The form and contents of complaints made as
provided in this section shall be prescribed  by  the  commission.  Such
complaints  shall  be  signed  by  the  officers,  or  by the customers,
purchasers or subscribers making them, who must add to their  signatures
their places of residence, by street and number, if any.
  S  51.  Subdivision  3  of  section  96  of the public service law, as
amended by chapter 650 of the laws  of  1974,  is  amended  to  read  as
follows:
  3.  Complaints  may  be  made to the commission by the [state consumer
protection board] DEPARTMENT OF FINANCIAL REGULATION or by any person or
corporation aggrieved, by petition  or  complaint  in  writing,  setting
forth any act done or omitted to be done by any telegraph corporation or
telephone  corporation alleged to be in violation of the terms or condi-
tions of its franchise or charter or of any  order  of  the  commission.
Upon  the  presentation of such a complaint the commission shall cause a
copy thereof to be forwarded to the person or corporation complained  of
which  may  be accompanied by an order directed to such person or corpo-
ration requiring that the matters complained of be satisfied or that the
charges be answered in writing within a time  to  be  specified  by  the
commission.  If the person or corporation complained of shall make repa-
ration for any injury alleged and shall cease to commit  or  permit  the
violation  of law, franchise, charter or order charged in the complaint,
if any there be, and shall notify the commission of that fact before the
time allowed for answer, the commission need take no further action upon
the charges. If, however, the charges contained in such petition be  not
thus  satisfied  and  it  shall  appear to the commission that there are
reasonable grounds therefor, it shall investigate such charges  in  such
manner  and  by  such means as it shall deem proper and take such action
within its powers as the facts in its judgment justify.
  S 52. Paragraph 2 of subdivision (n) of section 1817 of the  tax  law,
as  amended  by section 30 of subpart I of part V-1 of chapter 57 of the
laws of 2009, is amended to read as follows:
  (2)  The  commissioner,  [in  cooperation  with  the  state   consumer
protection  board,]  shall monitor the prices charged by persons engaged
in the retail sale or distribution of motor fuel and diesel motor fuel.
  S 53. Section 97-www of the state finance law, as added by chapter 547
of the laws of 2000, is amended to read as follows:
  S 97-www. [1.] Consumer protection account. 1. There is hereby  estab-
lished in the joint custody of the state comptroller and the commission-

A. 4012--B                         31

er  of  taxation and finance an account within the miscellaneous special
revenue fund to be known as the "consumer protection account."
  2.  Such  account  shall consist of all fees and penalties received by
the [state consumer protection board] THE  SUPERINTENDENT  OF  FINANCIAL
REGULATION  pursuant  to  article  ten-B  of  the personal property law,
section three hundred ninety-nine-z of the general business law and  any
additional  monies appropriated, credited or transferred to such account
by the Legislature. Any interest earned by the investment of  monies  in
such  account  shall  be  added  to  such  account,  become part of such
account, and be used for the purposes of such account.
  3. Monies in the account shall be available  to  the  [state  consumer
protection  board] DEPARTMENT OF FINANCIAL REGULATION for the payment of
costs of producing and distributing educational materials and conducting
educational activities relating to the  promotion  of  the  "unsolicited
telemarketing  sales  call  registry" and all related costs and expendi-
tures incurred in the administration of section  three  hundred  ninety-
nine-z  of  the  general  business law and article ten-B of the personal
property law.
  4. Monies in the account shall be paid out of the account on the audit
and warrant of the state comptroller on vouchers certified  or  approved
by  the  [state consumer protection board] DEPARTMENT OF FINANCIAL REGU-
LATION or any officer or employee designated by the [executive director]
SUPERINTENDENT OF FINANCIAL REGULATION.
  S 54. Intentionally omitted.
  S 55. Paragraph 1 of subsection (c) of section 109  of  the  insurance
law is amended to read as follows:
  (1)  If  the  superintendent  finds  after notice and hearing that any
authorized insurer,  representative  of  [such]  THE  insurer,  licensed
insurance  agent,  licensed insurance broker [or], licensed adjuster, OR
ANY OTHER PERSON OR ENTITY LICENSED, CERTIFIED, REGISTERED,  OR  AUTHOR-
IZED  PURSUANT  TO THIS CHAPTER, has wilfully violated the provisions of
this chapter[, he] OR ANY REGULATION PROMULGATED  THEREUNDER,  THEN  THE
SUPERINTENDENT  may  order [such insurer, representative, agent, broker,
or adjuster, as the case may be,] THE PERSON OR  ENTITY,  EXCEPT  FOR  A
PERSON  OR ENTITY LICENSED PURSUANT TO ARTICLE TWENTY-ONE OR SIXTY-EIGHT
OF THIS CHAPTER, to pay to the people of this state a penalty in  a  sum
not  exceeding  [five  hundred]  ONE  THOUSAND  dollars  for each [such]
offense.  THE SUPERINTENDENT MAY ORDER ANY  PERSON  OR  ENTITY  LICENSED
PURSUANT  TO ARTICLE TWENTY-ONE OR SIXTY-EIGHT OF THIS CHAPTER TO PAY TO
THE PEOPLE OF THIS STATE A PENALTY IN A SUM NOT EXCEEDING  FIVE  HUNDRED
DOLLARS FOR EACH OFFENSE.
  S 56. Section 203 of the insurance law is REPEALED.
  S 57. Section 209 of the insurance law is REPEALED.
  S 58. Section 210-a of the insurance law is REPEALED.
  S 59. Section 211 of the insurance law is REPEALED.
  S 60. Section 212 of the insurance law is REPEALED.
  S  61. Section 214 of the insurance law, as added by chapter 77 of the
laws of 2008, is amended to read as follows:
  S 214. Report on insurance agent licensing  examinations.  The  super-
intendent  shall  perform a study of the insurance agent licensure exam-
inations required pursuant to section two thousand one hundred three  of
this chapter. The study shall, at a minimum, include the total number of
examinees, the passing rate of all examinees, and the mean scores on the
examination.  Additionally,  the  study  shall  examine  the correlation
between these statistics and the applicants' native language,  level  of
education,  gender,  race and ethnicity. The study shall be completed by

A. 4012--B                         32

[January first] MARCH FIFTEENTH, two thousand [nine] ELEVEN, and annual-
ly thereafter.
  S 62. Subsection (d) of section 308 of the insurance law is REPEALED.
  S 63. Sections 498-a and 562 of the banking law are REPEALED.
  S  64.    Section 337 of the insurance law, as added by chapter 647 of
the laws of 1992, is amended to read as follows:
  S 337. Annual consumer guide on automobile insurance.   (a) [No  later
than  October  first of each year, beginning in nineteen hundred ninety-
three, the] THE superintendent shall [publish and make  available,  free
of  charge  to  the  public,] ISSUE AND UPDATE, AS NECESSARY, a consumer
guide on private  passenger  automobile  insurance  that  shall  contain
comprehensive  [and  updated] information written in plain language in a
clear and understandable format, including the following:
  (1) an annual ranking of automobile insurers: (A) including an  analy-
sis  of  private  passenger  insurers  in  the  state which provides, in
detail, a ranking of such insurers from best  to  worst  based  on  each
insurer's  record  of  consumer complaints during the preceding calendar
year, using criteria available to the department, adjusted for volume of
insurance written; and (B) taking into consideration  the  corresponding
total  of  claims  improperly  denied  in  whole  or  in  part, consumer
complaints found to be valid in whole or in part, and any  other  perti-
nent  data which would permit the department to objectively determine an
insurer's performance; and (C)  the  superintendent  may  note,  to  the
extent  relevant, actions taken by the department against an insurer for
violating any law or regulation;
  (2) a list of makes and models of automobiles that  generally  do  not
meet  underwriting  guidelines  of  automobile  insurers or in regard to
which consumers can expect to pay higher premiums  as  a  result  of  an
automobile's  style, model type or other distinguishing features, except
that specific insurers shall not be  identified  for  purposes  of  such
list;
  (3)  an  explanation  of all types of automobile insurance required by
law and available as optional coverage, including policyholders'  rights
under these types of coverage and when making claims;
  (4) an explanation of and information on the automobile insurance plan
established  pursuant  to article fifty-three of this chapter, including
how motorists in such plan should proceed in attempting to obtain insur-
ance in the voluntary market;
  (5) [representative information on the availability and costs of auto-
mobile insurance from insurers for rating territories in the state,  for
classes   of  drivers,  including  information  on  premium  credit  and
surcharge practices;
  (6)] recommendations as to how best to shop for  and  compare  prices,
service and quality of automobile insurance coverage;
  [(7)] (6) an explanation of prohibited discriminatory practices apply-
ing to insurance companies, agents and brokers; and
  [(8)]  (7)  a  department  toll  free  consumer hot-line through which
consumers may initiate  complaints,  and  request  general  information,
about automobile insurance.
  (b)  The  [annual]  requirements  set  forth in subsection (a) of this
section may be satisfied by separate or  supplemental  publications  and
updates.
  (c)  The  superintendent  shall [provide for the adequate distribution
and availability of] POST the consumer guide on automobile insurance  ON
THE  DEPARTMENT'S  WEBSITE.    [Appropriate copies of the guide shall be
transmitted to the commissioner of motor vehicles  for  distribution  at

A. 4012--B                         33

every department of motor vehicle local and district office in the state
and  to  the  commissioner of education for distribution to every public
library in the state, where copies of the guide shall be made  available
free of charge to the public.]
  S 65. Section 338 of the insurance law is REPEALED.
  S 66. Section 339 of the insurance law is REPEALED.
  S 67. Section 402 of the insurance law is REPEALED.
  S 68. Intentionally omitted.
  S  69.  Section  2102  of the insurance law is amended by adding a new
subsection (g) to read as follows:
  (G) ANY PERSON, FIRM, ASSOCIATION OR CORPORATION WHO OR THAT  VIOLATES
THIS  SECTION  SHALL  BE SUBJECT TO A PENALTY NOT TO EXCEED FIVE HUNDRED
DOLLARS FOR EACH TRANSACTION, EXCEPT AS PROVIDED  IN  PARAGRAPH  TWO  OF
SUBSECTION (A) OF THIS SECTION.
  S  70.  Subsection (g) of section 2117 of the insurance law is amended
to read as follows:
  (g)  Any  person,  firm,  association  or  corporation  violating  any
provision  of  this  section  shall,  in  addition  to any other penalty
provided by law, forfeit to the people of the  state  the  sum  of  five
hundred  dollars  for  [the first offense, and an additional sum of five
hundred dollars for each month during which any such person, firm, asso-
ciation or corporation shall  continue  to  act  in  violation  of  this
section] EACH TRANSACTION.
  S  71. Subsection (b) of section 2402 of the insurance law, as amended
by chapter 499 of the laws of 2009, is amended to read as follows:
  (b) "Defined violation" means the commission by a  person  of  an  act
prohibited  by:  SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED TWO,
section one thousand two hundred  fourteen,  one  thousand  two  hundred
seventeen,  one  thousand two hundred twenty, one thousand three hundred
thirteen, subparagraph (B) of paragraph two of subsection (i) of section
one thousand three hundred twenty-two, subparagraph (B) of paragraph two
of subsection (i) of section one thousand three hundred twenty-four, TWO
THOUSAND ONE HUNDRED TWO, TWO THOUSAND ONE HUNDRED SEVENTEEN, two  thou-
sand  one  hundred  twenty-two,  two  thousand one hundred twenty-three,
subsection (p) of section two thousand three hundred  thirteen,  section
two  thousand  three hundred twenty-four, two thousand five hundred two,
two thousand five hundred three, two thousand  five  hundred  four,  two
thousand six hundred one, two thousand six hundred two, two thousand six
hundred  three,  two thousand six hundred four, two thousand six hundred
six, two thousand seven hundred three, three thousand one hundred  nine,
three  thousand  two  hundred twenty-four-a, three thousand four hundred
twenty-nine, three thousand four hundred thirty-three,  paragraph  seven
of  subsection  (e)  of  section three thousand four hundred twenty-six,
four thousand two hundred twenty-four, four thousand two  hundred  twen-
ty-five,  four  thousand  two  hundred  twenty-six, seven thousand eight
hundred nine, seven thousand eight hundred  ten,  seven  thousand  eight
hundred  eleven,  seven  thousand eight hundred thirteen, seven thousand
eight hundred fourteen and seven thousand eight hundred fifteen of  this
chapter;  or section 135.60, 135.65, 175.05, 175.45, or 190.20, or arti-
cle one hundred five of the penal law.
  S 72. Section 2706 of the insurance law is REPEALED.
  S 73. Intentionally omitted.
  S 74. Intentionally omitted.
  S 75. Intentionally omitted.
  S 76. Section 5514 of the insurance law is REPEALED.
  S 77. Subsection (d) of section 7006 of the insurance law is REPEALED.

A. 4012--B                         34

  S 78. Subdivision 47 of section 2.10 of the criminal procedure law, as
added by chapter 720 of the laws of 1981 is amended to read as follows:
  47. Employees of the [insurance frauds bureau of the state] department
of [insurance] FINANCIAL REGULATION when designated as peace officers by
the superintendent of [insurance] FINANCIAL REGULATION and acting pursu-
ant  to their special duties AS SET FORTH IN ARTICLE THREE OF THE FINAN-
CIAL REGULATION AND PROTECTION LAW; provided, however, that  nothing  in
this  subdivision  shall  be  deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the  appropriate  license
therefor has been issued pursuant to section 400.00 of the penal law.
  S  78-a. Subdivision 61 of section 2.10 of the criminal procedure law,
as added by chapter 321 of the laws of 1992, is REPEALED.
  S 79. Subdivision 1 of section 1370-b of the  public  health  law,  as
amended  by  section  5  of part A of chapter 58 of the laws of 2009, is
amended to read as follows:
  1. The New York state advisory council on lead poisoning prevention is
hereby established in the department, to consist of  the  following,  or
their  designees:  the  commissioner;  the  commissioner  of  labor; the
commissioner of environmental conservation; the commissioner of  housing
and community renewal; the commissioner of children and family services;
the  commissioner  of temporary and disability assistance; the secretary
of state; [the superintendent of insurance;] and fifteen public  members
appointed  by the governor. The public members shall have a demonstrated
expertise or interest in lead poisoning  prevention  and  at  least  one
public  member  shall  be representative of each of the following: local
government; community  groups;  labor  unions;  real  estate;  industry;
parents;  educators;  local housing authorities; child health advocates;
environmental groups; professional medical organizations and  hospitals.
The public members of the council shall have fixed terms of three years;
except  that five of the initial appointments shall be for two years and
five shall be for one year. The council shall be chaired by the  commis-
sioner or his or her designee.
  S  80.  Paragraph  (b)  of subdivision 1 of section 2553 of the public
health law, as amended by chapter 231 of the laws of 1993, is amended to
read as follows:
  (b) The council shall consist of  [twenty-seven]  TWENTY-SIX  members,
unless  otherwise required by federal law, appointed by the governor. At
least five members shall be parents, four of whom shall  be  parents  of
children  with disabilities aged twelve or younger and one of whom shall
be the parent of a child with disabilities aged six or younger; at least
five shall be representatives of public or private  providers  of  early
intervention services; at least one shall be involved in personnel prep-
aration or training; at least two shall be early intervention officials;
at  least  two shall be members of the legislature; [seven] SIX shall be
the commissioner and the commissioners of  education,  social  services,
[mental  retardation and] PEOPLE WITH developmental disabilities, mental
health, alcoholism and substance abuse services [and the  superintendent
of  insurance], or their appropriate designees with sufficient authority
to engage in policy planning and implementation on behalf of their agen-
cies.
  S 81. The opening paragraph of subdivision 1 of section  4602  of  the
public  health  law,  as  amended by chapter 401 of the laws of 2003, is
amended to read as follows:
  The continuing care retirement  community  council  is  hereby  estab-
lished,  to  consist  of the following, or their designees: the attorney
general; the commissioner; [the superintendent of insurance;] the direc-

A. 4012--B                         35

tor of the office for the aging; and eight public members  appointed  by
the  governor  with  the  advice  and consent of the senate. Such public
members shall be representative of the public, and have  a  demonstrated
expertise   or  interest  in  continuing  care  retirement  communities;
provided that no more than one such member shall be  a  sponsor,  owner,
operator,  manager,  member of a board of directors, or shareholder of a
continuing care retirement community. At least two public members  shall
be  residents of a continuing care retirement community. At least one of
the public members shall be a representative  of  an  organization  with
demonstrated  experience  in  representing the interests of senior citi-
zens. The public members of the council shall have fixed terms  of  four
years.  The  council  shall be chaired by the commissioner or his or her
designee.
  S 82. Paragraph 5 of subdivision (a) of section 11 of the tax law,  as
amended  by  section  19 of part A of chapter 63 of the laws of 2005, is
amended to read as follows:
  (5) "Department" - the department of [insurance] FINANCIAL REGULATION;
PROVIDED, HOWEVER,  THAT  "DEPARTMENT"  SHALL  MEAN  THE  DEPARTMENT  OF
ECONOMIC  DEVELOPMENT  WITH  REGARD  TO  ANY APPLICATION, CERTIFICATION,
REPORT, SUBMISSION, FILING OR OTHER ACTION REQUIRED OR GOVERNED BY  THIS
SECTION OCCURRING ON OR AFTER AUGUST FIRST, TWO THOUSAND ELEVEN.
  S 83. Paragraph 12 of subdivision (a) of section 11 of the tax law, as
amended  by  section  19 of part A of chapter 63 of the laws of 2005, is
amended to read as follows:
  (12) "Superintendent" - the superintendent  of  [insurance]  FINANCIAL
REGULATION;  PROVIDED,  HOWEVER,  THAT  "SUPERINTENDENT"  SHALL MEAN THE
COMMISSIONER OF ECONOMIC DEVELOPMENT WITH  REGARD  TO  ANY  APPLICATION,
CERTIFICATION,  REPORT,  SUBMISSION,  FILING OR OTHER ACTION REQUIRED OR
GOVERNED BY THIS SECTION OCCURRING ON OR AFTER AUGUST FIRST,  TWO  THOU-
SAND ELEVEN.
  S 84. Subdivision (j) of section 11 of the tax law is REPEALED.
  S  85. Subdivision 1 of section 20 of chapter 784 of the laws of 1951,
constituting the New York state defense emergency  act,  as  amended  by
chapter 641 of the laws of 1978, is amended to read as follows:
  1.  There  is  hereby  continued in the division of military and naval
affairs in the executive department a state civil defense commission  to
consist  of the same members as the members of the disaster preparedness
commission as established in article two-B  of  the  executive  law.  In
addition,  the  [superintendents]  SUPERINTENDENT of [banking and insur-
ance] FINANCIAL REGULATION, the chairman of  the  workers'  compensation
board  and  the  director  of the division of veterans' affairs shall be
members. The governor shall designate one of the members of the  commis-
sion  to  be  the  chairman  thereof. The commission may provide for its
division into subcommittees and for action by  such  subcommittees  with
the  same force and effect as action by the full commission. The members
of the commission, except for those  who  serve  ex  officio,  shall  be
allowed  their actual and necessary expenses incurred in the performance
of their duties under this  article  but  shall  receive  no  additional
compensation for services rendered pursuant to this article.
  S 86. Section 4 of chapter 610 of the laws of 1995 amending the insur-
ance law relating to investments is REPEALED.
  S 87. Section 3 of the banking law is REPEALED.
  S 88. Intentionally omitted.
  S 89. The functions and powers possessed by and all of the obligations
and  duties of the banking board, as established pursuant to the banking

A. 4012--B                         36

law, shall be transferred and assigned to, assumed by and devolved  upon
the superintendent.
  S  90. Section 14 of the banking law, as amended by chapter 684 of the
laws of 1938, the opening paragraph, paragraphs (a), (d), (e),  and  (f)
of  subdivision  1  as amended by chapter 315 of the laws of 2008, para-
graphs (b) and (c) of subdivision 1 as amended by  chapter  652  of  the
laws  of 1988, paragraph (cc) of subdivision 1 as amended by chapter 115
of the laws of 1981, paragraph (g) of subdivision 1 as amended and para-
graphs (h), (i), (ii), (k), (m), (n), (o), (p), (q), and (qq) of  subdi-
vision  1  as relettered by   chapter 360 of the laws of 1984, paragraph
(i) of subdivision 1 as amended by chapter 766  of  the  laws  of  1975,
paragraph  (ii)  of subdivision 1 as added by chapter 226 of the laws of
1943, paragraphs (j) and (l) of subdivision 1 as amended by chapter  154
of  the laws of 2007, paragraph (s) of subdivision 1 as amended by chap-
ter 613 of the laws of 1993, and paragraph (t) of subdivision 1 as sepa-
rately relettered by chapters 360 and 789 of the laws of 1984, paragraph
(qq) as added by chapter 15 of the laws of 1980, is amended to  read  as
follows:
  S 14.  [Powers  of  the banking board] ADDITIONAL POWERS OF THE SUPER-
INTENDENT.  1. For the purpose of effectuating the  policy  declared  in
section  ten of this article, WITHOUT LIMITING ANY OTHER POWERS THAT THE
SUPERINTENDENT IS PERMITTED BY LAW  TO  EXERCISE,  the  [banking  board]
SUPERINTENDENT  shall have THE power[, by a three-fifths vote of all its
members,] to make, alter and  amend  [resolutions,]  ORDERS,  rules  and
regulations  not  inconsistent with law. Such ORDERS, rules[,] AND regu-
lations [and resolutions] shall be brought to  the  attention  of  those
affected  thereby  in  a  manner  [to be] prescribed by [the board] LAW.
Without limiting the foregoing power, [resolutions] ORDERS or  rules  or
regulations may be so adopted for the following specific purposes:
  (a)  To approve organization certificates and articles of association,
private bankers' certificates and applications of  foreign  corporations
for  licenses  to  do  business  in  this state, [submitted to it by the
superintendent] as provided in this article.
  (b) To determine the purposes for which and the extent to which  capi-
tal notes or debentures shall be considered and treated as capital stock
of  corporate  banking  organizations;  but  capital notes or debentures
shall not be considered or treated as capital stock for the purposes  of
sections one hundred ten and one hundred eleven of this chapter.
  (c) To grant permission to a trust company, including a national bank,
to  establish  one or more common trust funds upon application and after
inquiry concerning the qualifications of such trust company to  maintain
and  manage  the same, and to regulate the conduct and management of any
common trust fund and for such purpose, but not by way of limitation  of
the  foregoing  power,  to  prescribe (1) the records and accounts to be
kept of such common trust funds; (2) the procedure  to  be  followed  in
adding  moneys  to  or  withdrawing  moneys or investments from any such
common trust fund; (3) the methods  and  standards  to  be  employed  in
determining  the  value of such common trust funds and of the assets and
investments thereof; (4) the maximum amount of  moneys  of  any  estate,
trust  or  fund  which may be invested in any common trust fund; and (5)
the maximum proportionate share of any such common trust fund which  may
be apportioned to any estate, trust or fund; and in connection with such
powers  to classify the corporations maintaining such common trust funds
according to the population of the city, town or village  in  which  the
principal  offices  of such corporations are respectively located and to
prescribe the minimum total of  any  such  common  trust  fund  and  the

A. 4012--B                         37

permissible limits of investment therein in accordance with such classi-
fication.
  (cc)  To  approve the incorporation by or on behalf of trust companies
and national banks with trust powers of a mutual trust investment compa-
ny to form a medium for the common investment of  funds  held  by  trust
companies,  including  national  banks, acting as executors, administra-
tors, guardians, inter-vivos or testamentary trustees or  committees  or
conservators  either  alone  or  with individual co-fiduciaries, and any
amendments of the certificate of  incorporation  of  such  mutual  trust
investment  company,  and to regulate the conduct and management of such
mutual trust investment company and for such purpose, but not by way  of
limitation  of  the  foregoing  power,  to prescribe (1) the records and
accounts to be kept by such mutual trust  investment  company;  (2)  the
procedure  to  be followed in the sale or redemption of stocks or shares
therein; (3) the methods and standards to be employed in determining the
value of such shares in the mutual  trust  investment  company  and  the
assets and investments thereof; and (4) the maximum proportionate shares
of  any such mutual trust investment company which may be apportioned or
sold to any one trust company or national bank.
  (d) To authorize a bank or a trust company to invest  in  the  capital
stock of, or any other equity interest in, any corporation, partnership,
unincorporated  association,  limited liability company, or other entity
not included among the corporations or other entities for which  invest-
ment  in the capital stock or other equity interest is expressly author-
ized by this chapter.
  (e) To authorize a savings bank to invest in the capital stock,  capi-
tal  notes  and  debentures  of a trust company or other corporation, as
provided in article six of this chapter.
  (f) To authorize a savings and loan association to invest in the capi-
tal stock, capital notes and debentures of  a  trust  company  or  other
corporation, as provided in article ten of this chapter.
  (g)  To  prescribe  from time to time: (1) the rates of interest which
may be paid on deposits with  any  banking  organization  and  with  any
branch  or agency of a foreign banking corporation; and (2) the rates of
dividends which may be paid on shares of any savings  and  loan  associ-
ation  or  credit union, and to prohibit the payment of such interest or
such dividends by any banking organization or by any branch of a foreign
banking corporation. Interest or dividend rates so prescribed  need  not
be uniform.
  (h)  To  limit and regulate withdrawals of deposits or shares from any
banking organization, if the [board] SUPERINTENDENT shall find that such
limitation and regulation are necessary  because  of  the  existence  of
unusual  and  extraordinary  circumstances.  [The board shall enter such
finding on its records.]
  (i) To prescribe from time to time reserves  against  deposits  to  be
maintained  by  banks  and  trust companies pursuant to article three of
this chapter; provided that  no  reserve  requirement  imposed  [by  the
board]  against either time or demand deposits shall require any bank or
trust company to maintain total reserves in an amount  greater  than  it
would  be  required  to  maintain if it were at the time a member of the
federal reserve system; and provided further, however, that  a  bank  or
trust  company not a member of the federal reserve system may be author-
ized [by the board] to maintain total reserves against  deposits  in  an
amount lower than the reserves required by article three of this chapter
to  be  maintained, either in individual cases or by general regulations
[of the board] on such basis as  the  [board]  SUPERINTENDENT  may  deem

A. 4012--B                         38

reasonable or appropriate in view of the character of the business tran-
sacted by such bank or trust company.
  [(ii) To exempt from reserve requirements prescribed by or pursuant to
this chapter deposits payable to the United States by any banking organ-
ization  arising  solely as a result of subscriptions made by or through
any such banking organization for United  States  government  securities
issued under the authority of the second liberty bond act as amended.]
  (j) To grant permission to officers, directors, clerks or employees of
banks  and trust companies to engage in the issue, flotation, underwrit-
ing, public sale or distribution at  wholesale  or  retail,  or  through
syndicate  participation  of  stocks, bonds or other similar securities,
and to revoke such permission, both as provided in this chapter.
  (k) To prescribe the methods and standards to be used  (1)  in  making
the  examinations  provided  for in this chapter, and (2) in valuing the
assets of banking organizations.
  (l) To prescribe the form and contents of periodical reports of condi-
tion to be rendered to the superintendent  by  banks,  trust  companies,
private  bankers  and  branches of foreign banking corporations, and the
manner of publication of such reports.
  (m) To postpone or omit the  calling  for  and  rendering  of  reports
provided  for  by  this chapter if the [board] SUPERINTENDENT shall find
that such postponement or omission is necessary because of the existence
of unusual and extraordinary circumstances. [The board shall enter  such
finding on its records.]
  (n)  To  define what is an unsafe manner of conducting the business of
banking organizations.
  (o) To define what is a safe or unsafe condition of a  banking  organ-
ization.
  (p) To make variations from the requirements of this chapter, provided
such  variations  are  in  harmony  with  the  spirit of the law, if the
[board] SUPERINTENDENT shall find that  such  variations  are  necessary
because  of  the  existence  of unusual and extraordinary circumstances.
[The board shall enter such finding on its records.]
  (q) To establish safe and sound methods of banking and  safeguard  the
interests of depositors, creditors, shareholders and stockholders gener-
ally in times of emergency.
  (qq) To permit any banking organization, national banking association,
federal  mutual  savings  bank, federal savings and loan association and
federal credit union to offer graduated payment  mortgages  which  shall
conform  to  the  provisions  of section two hundred seventy-nine of the
real property law.
  (s) To permit authorized lenders, as defined by  section  two  hundred
eighty  or  two  hundred  eighty-a  of  the  real property law, to offer
reverse mortgage loans which shall conform to the provisions of  section
two hundred eighty or two hundred eighty-a of the real property law.
  [(t) To exercise any other power conferred upon the board by law.
  2.  The  board shall consider and make recommendations upon any matter
which the superintendent may submit to it for recommendations, and  pass
upon  and  determine any matter which he shall submit to it for determi-
nation.
  3. The board shall submit to  the  superintendent  proposals  for  any
amendments to this chapter which it deems desirable.]
  S 91. Whenever the term banking board shall appear in any law or regu-
lation  other  than  a  section  amended in this act, such term shall be
deemed to refer to the superintendent.
  S 92. Section 15 of the banking law is REPEALED.

A. 4012--B                         39

  S 93. Section 16 of the banking law is REPEALED.
  S 94. Section 9-q of the banking law is REPEALED.
  S 95. Section 6 of chapter 322 of the laws of 2007, amending the bank-
ing  law  relating  to the power of banks, private bankers, trust compa-
nies, savings banks, savings and loan associations,  credit  unions  and
foreign  banking  corporations to exercise the rights of national banks,
federal savings associations, federal credit unions and federal branches
and agencies of foreign banks, as amended by chapter 122 of the laws  of
2009, is amended to read as follows:
  S  6.  This  act shall take effect immediately; provided, however that
sections one, two, three and four of this act shall take effect  Septem-
ber  1,  2007[;  and  provided further that sections one, two, three and
four of this act shall expire and be deemed repealed September 10, 2011;
and provided further that any federally permitted powers approved  under
section  three  of this act shall remain in full force and effect on and
after such repeal date and shall not be affected by such repeal].
  S 95-a.  Section 7 of chapter 3 of the  laws  of  1997,  amending  the
banking  law  and  the insurance law relating to authorizing the banking
board to permit banks and trust companies  to  exercise  the  rights  of
national  banks,  as  amended  by  chapter  122  of the laws of 2009, is
amended to read as follows:
  S 7. This act shall take effect immediately provided that section  two
of  this  act shall take effect on the thirtieth day after it shall have
become a law and shall apply to violations prescribed in section  44  of
the  banking law that occur on or after such date[; and provided further
that sections one, three, four and  five  shall  expire  and  be  deemed
repealed  September  10,  2011;  and provided further that any rules and
regulations promulgated pursuant to sections one, three, four  and  five
shall  remain in full force and effect on and after such expiration date
and shall not be affected by such expiration date].
  S 96. Subdivision 2 of section 75-g of the banking law is REPEALED.
  S 97. Paragraph b of subdivision 19 of section 42 of the banking  law,
as  added  by  chapter  322  of  the laws of 2007, is amended to read as
follows:
  b. [Every recommendation to be made to the banking board  pursuant  to
subdivision  four  of  section  twelve-a  of  this  article, which shall
include a description of the recommended federally  permitted  power,  a
reference  to  the  state  chartered banking institutions which shall be
permitted to exercise such power, and the date of  the  meeting  of  the
banking board at which such recommendation is expected to be considered]
THE INTENTION OF THE SUPERINTENDENT TO ISSUE AN ORDER PURSUANT TO SUBDI-
VISION  FOUR  OF SECTION TWELVE-A OF THIS ARTICLE, WHICH SHALL INCLUDE A
DESCRIPTION OF THE PROPOSED FEDERALLY PERMITTED POWER AND A REFERENCE TO
THE STATE-CHARTERED BANKING INSTITUTIONS WHICH  SHALL  BE  PERMITTED  TO
EXERCISE SUCH POWER.
  S 98. Transfer of powers of the banking and insurance departments. The
functions  and powers possessed by and all of the obligations and duties
of the banking and insurance departments, as established pursuant to the
insurance law, the banking law and other laws, shall be transferred  and
assigned  to, and assumed by and devolved upon, the department of finan-
cial regulation.
  S 99. Abolition of the  banking  and  insurance  departments  and  the
consumer protection board. Upon the transfer pursuant to this act of the
functions  and powers possessed by and all of the obligations and duties
of the banking and insurance departments  and  the  consumer  protection
board, as established pursuant to the banking law, the insurance law and

A. 4012--B                         40

other  laws,  the  banking  and  insurance  departments and the consumer
protection board shall be abolished.
  S  100.  Continuity  of authority of the banking and insurance depart-
ments. Except as herein otherwise provided, upon the  transfer  pursuant
to  this  act  of  the functions and powers possessed by, and all of the
obligations and duties of, the  banking  and  insurance  departments  as
established  pursuant  to  the  banking law, the insurance law and other
laws, to the department of financial regulation as  prescribed  by  this
act,  for  the  purpose of succession, all functions, powers, duties and
obligations of the department of financial regulation  shall  be  deemed
and  be  held  to constitute the continuation of such functions, powers,
duties and obligations and not a different agency.
  S 101. Transfer of records of the banking  and  insurance  departments
and  the  consumer  protection board. Upon the transfer pursuant to this
act of the functions and powers possessed by and all of the  obligations
and  duties  of  the  banking and insurance departments and the consumer
protection board as established pursuant to the banking law, the  insur-
ance  law  and  other laws, to the department of financial regulation as
prescribed by this act, all books, papers, records and property pertain-
ing to the banking and insurance departments and the consumer protection
board shall be transferred to and maintained by the department of finan-
cial regulation.
  S 102. Completion of unfinished business of the banking and  insurance
departments  and the consumer protection board. Upon the transfer pursu-
ant to this act of the functions and powers possessed by and all of  the
obligations  and duties of the banking and insurance departments and the
consumer protection board as established pursuant to  the  banking  law,
the  insurance  law and other laws, to the department of financial regu-
lation as prescribed by this act, any business or other matter undertak-
en or commenced by the banking and insurance departments and the consum-
er protection board pertaining  to  or  connected  with  the  functions,
powers,  obligations  and  duties  so  transferred  and  assigned to the
department of financial regulation may be conducted or completed by  the
department of financial regulation.
  S  103.  Terms  occurring  in laws, contracts or other documents of or
pertaining to the banking and insurance  departments  and  the  consumer
protection  board.   Upon the transfer pursuant to this act of the func-
tions and powers possessed by and all of the obligations and  duties  of
the  banking  and insurance departments and certain of the functions and
powers  possessed  by  and  obligations  and  duties  of  the   consumer
protection  board as established pursuant to the banking law, the insur-
ance law and other laws, as prescribed by this act, whenever the banking
and insurance departments and the superintendents thereof or the consum-
er protection board and the chairperson and executive director  thereof,
the  functions,  powers, obligations and duties of which are transferred
to the department of financial regulation are referred to or  designated
in  any  law,  regulation,  contract or document pertaining to the func-
tions, powers, obligations and duties transferred and assigned  pursuant
to  this  act, such reference or designation shall be deemed to refer to
the department of financial regulation and its  superintendent.  In  the
case  of  any boards or other organizations where the superintendents of
both the banking department and the insurance department both  sit,  the
references  or  designations  shall  be deemed to refer solely to super-
intendent of the department of financial regulation.

A. 4012--B                         41

  S 104. (a) Wherever the terms "insurance department",  "department  of
insurance"  or  "department" appear in the insurance law, such terms are
hereby changed to "department of financial regulation".
  (b)  Wherever  the terms "banking department", "department of banking"
or "department" appear in the banking law, such terms are hereby changed
to "department of financial regulation".
  (c) Wherever the terms "insurance department", "department  of  insur-
ance",  "banking  department"  or "department of banking" appears in the
consolidated or unconsolidated laws of this state other than the banking
law or the insurance law, such terms are hereby changed  to  "department
of financial regulation".
  (d)  Wherever  the terms "superintendent of insurance" or "superinten-
dent" appear in the insurance law, such  terms  are  hereby  changed  to
"superintendent of financial regulation".
  (e)  Wherever  the terms "superintendent of banks" or "superintendent"
appear in the banking law, such terms are hereby changed to "superinten-
dent of financial regulation".
  (f) Wherever the terms "superintendent of insurance"  or  "superinten-
dent  of  banks"  appears  in the consolidated or unconsolidated laws of
this state other than the banking law or the insurance law, such term is
hereby changed to "superintendent of financial regulation".
  (g) The legislative bill drafting commission  is  hereby  directed  to
effectuate  this  provision,  and  shall  be  guided  by a memorandum of
instruction setting forth the specific provisions of law to be  amended.
Such  memorandum  shall  be transmitted to the legislative bill drafting
commission within sixty days of enactment of this provision. Such  memo-
randum  shall be issued jointly by the governor, the temporary president
of the senate and the speaker of the assembly, or  by  the  delegate  of
each.
  S  105.  Existing  rights and remedies of or pertaining to the banking
and insurance departments and consumer protection board preserved.  Upon
the  transfer pursuant to this act of the functions and powers possessed
by and all of the obligations and duties of the  banking  and  insurance
departments and the consumer protection board as established pursuant to
the  banking law, the insurance law and other laws, to the department of
financial regulation as prescribed by this act,  no  existing  right  or
remedy of the state, including the banking and insurance departments and
consumer protection board, shall be lost, impaired or affected by reason
of this act.
  S 106. Pending actions and proceedings of or pertaining to the banking
or  insurance  departments  or  the consumer protection board.  Upon the
transfer pursuant to this act of the functions and powers  possessed  by
and  all  of  the  obligations  and  duties of the banking and insurance
departments and the consumer protection board as established pursuant to
the banking law, the insurance law and other laws, to the department  of
financial  regulation as prescribed by this act, no action or proceeding
pending on the effective date of this act, brought  by  or  against  the
banking  or  insurance departments or the superintendents thereof or the
consumer protection board and the  chairperson  and  executive  director
thereof shall be affected by any provision of this act, but the same may
be  prosecuted  or defended in the name of the New York state department
of financial regulation. In all such actions and  proceedings,  the  New
York  state  department of financial regulation, upon application to the
court, shall be substituted as a party.
  S 107. Continuation of rules and regulations of or pertaining  to  the
banking  and  insurance  departments  and the consumer protection board.

A. 4012--B                         42

Upon the transfer pursuant to this  act  of  the  functions  and  powers
possessed  by  and  all  the  obligations  and duties of the banking and
insurance departments and the consumer protection board  as  established
pursuant  to  the  banking law, the insurance law and other laws, to the
department of financial regulation as prescribed by this act, all rules,
regulations, acts, orders, determinations, decisions,  licenses,  regis-
trations  and  charters of the banking and insurance departments and the
consumer protection board, pertaining to the functions  transferred  and
assigned  by this act to the department of financial regulation in force
at the time of such transfer, assignment, assumption or devolution shall
continue in force and effect as rules, regulations, acts, determinations
and decisions of the department of financial regulation until duly modi-
fied or repealed.
  S 108. Transfer of appropriations heretofore made to the  banking  and
insurance  departments  and  the  consumer  protection board.   Upon the
transfer pursuant to this act of the functions and powers  possessed  by
and  all  of  the  obligations  and  duties of the banking and insurance
departments and certain of the functions and  powers  possessed  by  and
obligations  and  duties of the consumer protection board as established
pursuant to the banking law, the insurance law and other  laws,  to  the
department of financial regulation as prescribed by this act, all appro-
priations  and  reappropriations which shall have been made available as
of the date of such transfer to the banking department or the  insurance
department  or  the  consumer protection board or segregated pursuant to
law, to the extent of  remaining  unexpended  or  unencumbered  balances
thereof, whether allocated or unallocated and whether obligated or unob-
ligated, shall be transferred to and made available for use and expendi-
ture  by  the department of financial regulation and shall be payable on
vouchers certified or approved  by  the  commissioner  of  taxation  and
finance,  on  audit and warrant of the comptroller.  Payments of liabil-
ities for expenses of  personnel  services,  maintenance  and  operation
which  shall  have  been incurred as of the date of such transfer by the
banking and insurance departments or the consumer protection board,  and
for  liabilities  incurred  and to be incurred in completing its affairs
shall also be made on vouchers certified or approved by the  superinten-
dent  of the department of financial regulation, on audit and warrant of
the comptroller.
  S 109. Transfer of employees. Provision shall be made for the transfer
of all employees from the banking department, the  insurance  department
and the consumer protection board into the department of financial regu-
lation.  Employees  so  transferred shall be transferred without further
examination or qualification to the same or  similar  titles  and  shall
remain  in  the  same  collective bargaining unit and shall retain their
respective civil service classification, status and rights  pursuant  to
their collective bargaining unit and collective bargaining agreement.
  S 110. No later than April first, two thousand eleven, the director of
the  budget  shall notify the superintendent of the level of the depart-
ment's expenses that will be incurred  for  the  fiscal  year  beginning
April  first, two thousand eleven related to the department's regulation
and supervision of the state's banking and  insurance  industries.  Such
notification  shall separately detail the department's level of expenses
to be incurred with respect to the regulation  and  supervision  of  the
banking  industry, the department's level of expenses to be incurred for
regulation and supervision of the insurance industry,  and  the  depart-
ment's  level  of general expenses that are allocable to both the insur-
ance and banking industries.    The  superintendent  shall  subsequently

A. 4012--B                         43

employ  the  provisions  of  section  seventeen  of  the banking law and
section three hundred thirty-two of the  insurance  law  to  assess  the
department's  incurred costs in order to appropriately charge persons or
entities  that are licensed, registered, organized, authorized, incorpo-
rated or otherwise formed pursuant to the provisions of the banking  law
or insurance law.
  S  111.  Coordination of services. In an effort to create greater cost
efficiencies and cost savings, the  superintendent  of  financial  regu-
lation  shall  coordinate  administrative,  clerical  and human resource
functions, or any other  resources  and  functions,  including  but  not
limited  to  office  space and materials and supplies in accordance with
the transfer of powers set forth in this act.
  S 112. Provision for acting superintendent. Upon the effective date of
this chapter, the governor shall designate an acting superintendent, who
shall be entitled to exercise all of the authority of the superintendent
until such time as a superintendent shall be  confirmed  and  qualified,
provided  that the governor shall nominate a superintendent within sixty
days of such effective date.
  S 113. Severability. If any clause, sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in  its  operation  to  the
clause,  sentence,  paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
  S 114. This act shall take effect April 1,  2011;  provided,  however,
that:
  (a)  sections  fifteen and sixteen of this act shall take effect April
1, 2012;
  (b) any officer or employee of the department of financial  regulation
whose  holdings  as  of the close of business on March 31, 2011 conflict
with section 501 of the financial  regulation  and  protection  law,  as
added  by  section  one  of  this act, shall have until April 1, 2012 to
dispose of non-conforming holdings or otherwise bring such  non-conform-
ing holdings into compliance with such section 501; and
  (c)  the amendments to section 2803-s of the public health law made by
section forty-six of this act shall take effect on the same date and  in
the same manner as chapter 539 of the laws of 2010, takes effect.

                                 PART B

  Intentionally omitted.

                                 PART C

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state fiscal year. Each component is wholly contained within  a  Subpart
identified  as  Subparts A and B. The effective date for each particular
provision contained within such Subpart is set forth in the last section
of such Subpart.  Any  provision  in  any  section  contained  within  a
Subpart,  including  the  effective  date  of the Subpart, which makes a
reference to a section "of this act", when used in connection with  that
particular  component,  shall  be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found.  Section three  of
this act sets forth the general effective date of this act.

A. 4012--B                         44

                                SUBPART A

  Section  1.  Legislative intent.  In 1996, the legislature changed the
penal law  to  include  as  an  express  purpose  of  imprisonment,  the
promotion  of  inmates'  successful and productive reentry into society.
Toward this end, many new responsibilities  have  been  placed  on  both
corrections  officials  and  parole officials to ready inmates for their
release into the community such as: obtaining their  birth  certificates
and  social security cards prior to release, preparing Medicaid applica-
tions as warranted, securing identification cards from the department of
motor vehicles, and providing them with  voter  registration  forms.  In
addition,  transitional  services programs have now become mandatory for
all inmates. Transition accountability plans will be developed for  each
inmate,  starting with their time in general confinement and culminating
with the inmate's successful reintegration into the community.  Further-
more, direct linkages with local agencies  have  been  greatly  enhanced
with the creation of Re-entry Task Forces throughout the state.
  As  a result of the evolution of the sentencing structure and focus on
reentry the historical separation  of  the  department  of  correctional
services  and  the division of parole is no longer warranted. In view of
the commonality of purpose governing the fundamental  missions  of  both
agencies,  a  single  new  state agency should be created to oversee the
combined responsibilities of both and, in effect, provide for a seamless
network for the care, custody, treatment and supervision  of  a  person,
from  the  day a sentence of state imprisonment commences, until the day
such person is discharged from supervision in the  community.  This  not
only  will  enhance  public  safety by achieving better outcomes for the
greatest number of individuals being released from prison, but also will
allow for  greater  efficiencies  and  the  elimination  of  duplicative
responsibilities, thus resulting in significant savings for the state.
  It  is  fundamental  that  the board of parole retain its authority to
make release decisions based on the board members' independent  judgment
and  application  of  statutory  criteria as well as decisions regarding
revocations of release. To this end, the legislation  makes  clear  that
the  board  shall continue to exercise its independence when making such
decisions.  The new agency's provision of  administrative  support  will
not undermine the board's independent decision-making authority.
  S  1-a.  Subdivisions  1, 2 and 18 of section 2 of the correction law,
subdivisions 1 and 2 as separately amended by chapters 475  and  476  of
the  laws of 1970 and subdivision 18 as amended by section 1 of part AAA
of chapter 56 of the laws of 2009, are amended and a new subdivision  31
is added to read as follows:
  1.  "Department" means the state department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION;
  2.  "Commissioner"  means  the  state  commissioner  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION;
  18.  "Alcohol  and  substance  abuse  treatment correctional annex." A
medium security correctional facility consisting of one or more residen-
tial dormitories, which provide intensive alcohol  and  substance  abuse
treatment services to inmates who: (i) are otherwise eligible for tempo-
rary release, or (ii) stand convicted of a felony defined in article two
hundred twenty or two hundred twenty-one of the penal law, and are with-
in  six  months  of  being an eligible inmate as that term is defined in
subdivision two of section  eight  hundred  fifty-one  of  this  chapter
including such inmates who are participating in such program pursuant to
subdivision  six of section 60.04 of the penal law.  Notwithstanding the

A. 4012--B                         45

foregoing provisions of this subdivision, any inmate to be  enrolled  in
this  program  pursuant to subdivision six of section 60.04 of the penal
law shall be governed by the same rules and regulations  promulgated  by
the department, including without limitation those rules and regulations
establishing requirements for completion and those rules and regulations
governing  discipline  and  removal  from the program. No such period of
court ordered corrections based drug abuse treatment  pursuant  to  this
subdivision  shall  be  required to extend beyond the defendant's condi-
tional release date. Such treatment services may be provided by  one  or
more  outside  service providers pursuant to contractual agreements with
[both] the department [and the division of parole],  provided,  however,
that  any such provider shall be required to continue to provide, either
directly or through formal or informal agreement with  other  providers,
alcohol  and  substance  abuse  treatment  services  to inmates who have
successfully participated in  such  provider's  incarcerative  treatment
services  and who have been PRESUMPTIVELY RELEASED, paroled [or], condi-
tionally released OR RELEASED TO  POST  RELEASE  SUPERVISION  under  the
supervision  of  the  [division  of parole] DEPARTMENT and who are, as a
condition of [their parole or conditional]  SUCH  release,  required  to
participate  in alcohol or substance abuse treatment. Such incarcerative
services shall be provided in the facility in  accordance  with  minimum
standards  promulgated  by  the  department  after consultation with the
office of alcoholism and substance  abuse  services.  Such  services  to
parolees  shall  be provided in accordance with standards promulgated by
the [division of parole] DEPARTMENT after consultation with  the  office
of  alcoholism  and  substance abuse services. Notwithstanding any other
provision of law, any person who has successfully completed no less than
six months of intensive alcohol and substance abuse  treatment  services
in  one of the department's eight designated alcohol and substance abuse
treatment correctional annexes having a combined total capacity  of  two
thousand  five  hundred fifty beds may be transferred to a program oper-
ated by or at a residential treatment facility, provided however, that a
person under a determinate sentence as a second felony drug offender for
a class B felony offense defined in article two hundred  twenty  of  the
penal  law,  who  was  sentenced  pursuant to section 70.70 of such law,
shall not be eligible to be transferred to a program operated at a resi-
dential treatment facility until the time served under imprisonment  for
his or her determinate sentence, including any jail time credited pursu-
ant  to subdivision three of section 70.30 of the penal law, shall be at
least nine months. The commissioner shall report annually to the  tempo-
rary  president of the senate and the speaker of the assembly commencing
January first, [nineteen hundred ninety-two as to the efficacy  of  such
programs  including  but not limited to a comparative analysis of state-
operated and private sector provision of treatment services and recidiv-
ism. Such report shall also include] TWO THOUSAND TWELVE the  number  of
inmates  received  by the department during the reporting period who are
subject to a sentence  which  includes  enrollment  in  substance  abuse
treatment  in  accordance  with  subdivision six of section 60.04 of the
penal law, the number of such inmates who are not placed in such  treat-
ment program and the reasons for such occurrences.
  31.  "COMMUNITY  SUPERVISION"  MEANS  THE  SUPERVISION  OF INDIVIDUALS
RELEASED INTO THE COMMUNITY ON TEMPORARY RELEASE,  PRESUMPTIVE  RELEASE,
PAROLE, CONDITIONAL RELEASE, POST RELEASE SUPERVISION OR MEDICAL PAROLE.
  S  2. Subdivision 18 of section 2 of the correction law, as amended by
chapter 738 of the laws of 2004, is amended to read as follows:

A. 4012--B                         46

  18. "Alcohol and substance  abuse  treatment  correctional  annex."  A
medium security correctional facility consisting of one or more residen-
tial  dormitories  which  provide  intensive alcohol and substance abuse
treatment services to inmates who: (i) are otherwise eligible for tempo-
rary release, or (ii) stand convicted of a felony defined in article two
hundred twenty or two hundred twenty-one of the penal law, and are with-
in  six  months  of  being an eligible inmate as that term is defined in
subdivision two of section  eight  hundred  fifty-one  of  this  chapter
including such inmates who are participating in such program pursuant to
subdivision  six of section 60.04 of the penal law.  Notwithstanding the
foregoing provisions of this subdivision, any inmate to be  enrolled  in
this  program  pursuant to subdivision six of section 60.04 of the penal
law shall be governed by the same rules and regulations  promulgated  by
the department, including without limitation those rules and regulations
establishing requirements for completion and those rules and regulations
governing  discipline  and  removal  from the program. No such period of
court ordered corrections based drug abuse treatment  pursuant  to  this
subdivision  shall  be  required to extend beyond the defendant's condi-
tional release date. Such treatment services may be provided by  one  or
more  outside  service providers pursuant to contractual agreements with
[both] the department [and the division of parole],  provided,  however,
that  any such provider shall be required to continue to provide, either
directly or through formal or informal agreement with  other  providers,
alcohol  and  substance  abuse  treatment  services  to inmates who have
successfully participated in  such  provider's  incarcerative  treatment
services  and who have been PRESUMPTIVELY RELEASED, paroled [or], condi-
tionally released OR RELEASED TO  POST  RELEASE  SUPERVISION  under  the
supervision  of  the  [division  of parole] DEPARTMENT and who are, as a
condition of [their parole or conditional]  SUCH  release,  required  to
participate  in alcohol or substance abuse treatment. Such incarcerative
services shall be provided in the facility in  accordance  with  minimum
standards  promulgated  by  the  department  after consultation with the
office of alcoholism and substance  abuse  services.  Such  services  to
parolees  shall  be provided in accordance with standards promulgated by
the [division of parole] DEPARTMENT after consultation with  the  office
of  alcoholism  and  substance  abuse  services.  The commissioner shall
report annually to the majority leader of the senate and the speaker  of
the  assembly  commencing January first, [nineteen hundred ninety-two as
to the efficacy of such programs including but not limited to a  compar-
ative  analysis of state-operated and private sector provision of treat-
ment services and recidivism. Such report shall also include] TWO  THOU-
SAND  TWELVE the number of inmates received by the department during the
reporting period who are subject to a sentence which includes enrollment
in substance abuse treatment  in  accordance  with  subdivision  six  of
section  60.04  of the penal law, the number of such inmates who are not
placed in such treatment program and the reasons for such occurrences.
  S 3. The article heading of  article  2  of  the  correction  law,  as
amended  by  chapter  475  of  the  laws  of 1970, is amended to read as
follows:
       DEPARTMENT OF [CORRECTIONAL SERVICES; STATE BOARD OF PAROLE]
                             CORRECTIONS AND
                          COMMUNITY SUPERVISION
  S 4. Section 5 of the correction law, as added by chapter 475  of  the
laws of 1970, subdivision 4 as added by chapter 547 of the laws of 1995,
subdivision  5  as added by chapter 448 of the laws of 2000 and subdivi-

A. 4012--B                         47

sion 6 as added by chapter 7 of the laws of 2007, is amended to read  as
follows:
  S  5.  Department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION; commissioner. 1. There shall be in the state  government  a
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION. The head of the department shall be the commissioner of [correc-
tional services] CORRECTIONS AND COMMUNITY  SUPERVISION,  who  shall  be
appointed  by  the  governor,  by and with the advice and consent of the
senate, and hold office at the pleasure of the governor by whom  he  was
appointed and until his successor is appointed and has qualified.
  2.  The commissioner of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION shall be the chief executive officer of the department.
  3. The principal office of the department of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION shall be in the county of Albany.
  4.  The commissioner is hereby authorized and empowered to convert the
sentence of a person serving an indeterminate sentence of  imprisonment,
except a person serving a sentence with a maximum term of life imprison-
ment,  to  a determinate sentence of imprisonment equal to two-thirds of
the maximum or aggregate maximum term imposed where such  conversion  is
necessary  to  make  such person eligible for transfer either to federal
custody or to foreign countries under  treaties  that  provide  for  the
voluntary  transfer  of such persons on the execution of penal sentences
entered into by the government of the United States with  foreign  coun-
tries.
  5.  The  commissioner  upon  request,  may  in  his or her discretion,
authorize the purchase and presentation of a flag of the  state  of  New
York  to  the  person designated to dispose of the remains of a deceased
correction officer OR PAROLE OFFICER.
  6. The commissioner shall have the discretion to enter into agreements
with the commissioner of mental health for  the  provision  of  security
services relating to article ten of the mental hygiene law.
  S 5. Section 7 of the correction law, as amended by chapter 519 of the
laws  of  1980,  and subdivision 4 as added by chapter 35 of the laws of
1984, is amended to read as follows:
  S 7. Organization of department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION; officers and employees; delegation by commis-
sioner. 1. The commissioner of [correctional services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION may, from time to time, create, abolish, transfer
and consolidate divisions, bureaus and other units within the department
not expressly established by law as he OR SHE  may  determine  necessary
for  the  efficient operation of the department, subject to the approval
of the director of the budget.
  2. The commissioner of [correctional services] CORRECTIONS AND  COMMU-
NITY  SUPERVISION  may  appoint such deputies, directors, assistants and
other officers and employees as may be needed for the performance of his
OR HER duties and may prescribe their powers and duties  and  fix  their
compensation within the amounts appropriated therefor.
  3.  The  commissioner may by order filed in the department of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION delegate  any  of
his  OR HER powers to or direct any of his OR HER duties to be performed
by a deputy commissioner or a head of  a  division  or  bureau  of  such
department.
  4. The commissioner shall not appoint any person as a correction offi-
cer  OR PAROLE OFFICER, unless such person has attained his twenty-first
birthday.

A. 4012--B                         48

  S 6. Section 8 of the correction law, as added by chapter 887  of  the
laws  of  1983,  subdivision  2 as amended by chapter 338 of the laws of
1984, subdivisions 3, 6, and 7 as amended by chapter 354 of the laws  of
1986,  and  subdivision 4 as amended by chapter 205 of the laws of 2002,
is amended to read as follows:
  S  8.  Testing  of certain applicants for employment. 1. Any applicant
for employment with the department as a correction officer at a facility
of the department, shall be tested in accordance with  the  requirements
of this section.
  2.  The  department  is hereby authorized to conduct, or to enter into
agreements necessary for conducting tests for psychological screening of
applicants covered by this section. Any such tests shall consist  of  at
least  three  independent  psychological  instruments and shall meet the
level of the art for psychological instruments to be  used  in  a  vali-
dation study developed for selection of such applicants. Such psycholog-
ical  instruments  shall  be used in testing and selection of applicants
for positions referred to in subdivision one of this section.    Persons
who  have  been  determined by a psychologist licensed under the laws of
this state as suffering  from  psychotic  disorders,  serious  character
disorders,  or other disorders which could hinder performance on the job
may be deemed ineligible for appointment; provided, however, that  other
components of the employee selection process may be taken into consider-
ation  in reaching the determination as to whether a candidate is deemed
eligible or ineligible for certification to a list  of  eligible  candi-
dates.  The  department's  testing  program  shall  include  a component
consisting of  criteria  related  validity  studies  or  other  validity
studies  acceptable  under  relevant federal law governing equal employ-
ment.
  3. The commissioner or his OR HER designee shall advise  those  candi-
dates who have been deemed ineligible for appointment through psycholog-
ical  screening  and  shall notify such persons of their right to appeal
their disqualification. A person so deemed may apply to the commissioner
for a review of the findings within thirty days of the date of notifica-
tion.  The commissioner shall refer the matter to an  independent  advi-
sory  board to review any recommendation. A copy of the advisory board's
recommendations shall be promptly forwarded to the parties  and  to  the
commissioner.  If the advisory board's recommendation is rejected by the
commissioner, wholly or in part, the commissioner shall state his OR HER
reasons for such rejection in writing.
  4. The advisory board shall consist of  three  members  who  shall  be
selected  by  the president of the civil service commission. The member-
ship of the board shall consist of: A  psychologist[,]  and  a  psychia-
trist,  both of whom shall be licensed under the laws of this state, and
a third member who shall be a representative of the department of  civil
service. The department of civil service shall maintain a list of alter-
nate   board  members  comprised  of  psychologists  and  psychiatrists,
licensed under the laws of this state, and representatives nominated  by
the  president  of  the  civil  service commission, who shall sit on the
advisory board in the event a designated  member  is  unable  to  serve,
provided,  however,  THAT  at  all  times  the  advisory  board  must be
comprised of a psychiatrist, a psychologist and a representative of  the
department  of  civil service. Each of the members of the advisory board
and their alternates so selected shall serve  at  the  pleasure  of  the
president  of  the  civil  service  commission.  Each of the members and
alternates so selected shall be reimbursed for services and actual costs
at a per diem rate not to exceed nine hundred dollars for  the  psychia-

A. 4012--B                         49

trist,  seven  hundred  dollars  for  the  psychologist  and six hundred
dollars  for  the  representative  of  the  civil  service   department;
provided,  however,  that  if any member of or alternate to the advisory
board  is an employee of the state of New York, then such representative
shall only receive reimbursement for actual costs incurred.
  5. The commissioner or his OR HER designee shall advise the department
of civil service of those persons who have been  determined  under  this
section  as  being  eligible  for  appointment from any list of eligible
candidates.
  6. Notwithstanding any other provision of  law,  the  results  of  the
tests administered pursuant to this section shall be used solely for the
qualification  of  a candidate for correction officer and the validation
of the psychological instruments utilized. For all other  purposes,  the
results  of the examination shall be confidential and the records sealed
by the department of [correctional services] CORRECTIONS  AND  COMMUNITY
SUPERVISION,  and  not be available to any other agency or person except
by authorization of the applicant or, upon written notice by order of  a
court of this state or the United States.
  7.  Prior to March first of each year, the commissioner of the depart-
ment of [correctional services] CORRECTIONS  AND  COMMUNITY  SUPERVISION
will  report to the governor, president of the senate and speaker of the
assembly on the conduct of the psychological  testing  program  and  the
results  of  such program in improving the quality of correction officer
candidates.
  S 7. Intentionally omitted.
  S 8. The correction law is amended by adding a new section 10 to  read
as follows:
  S  10. PAROLE OFFICERS. 1. EMPLOYEES IN THE DEPARTMENT WHO PERFORM THE
DUTIES OF SUPERVISING INMATES RELEASED ON COMMUNITY SUPERVISION SHALL BE
PAROLE OFFICERS.
  2. NO PERSON SHALL BE ELIGIBLE FOR THE POSITION OF PAROLE OFFICER  WHO
IS UNDER TWENTY-ONE YEARS OF AGE OR WHO DOES NOT POSSESS A BACCALAUREATE
DEGREE  CONFERRED  BY  A  POST-SECONDARY  INSTITUTION  ACCREDITED  BY AN
ACCREDITING AGENCY RECOGNIZED BY THE UNITED STATES OFFICE OF  EDUCATION,
OR  WHO  IS  NOT  FIT  PHYSICALLY,  MENTALLY AND MORALLY. PAROLE OFFICER
SELECTION SHALL BE BASED ON DEFINITE  QUALIFICATIONS  AS  TO  CHARACTER,
ABILITY AND TRAINING WITH AN EMPHASIS ON CAPACITY AND ABILITY TO PROVIDE
A BALANCED APPROACH TO INFLUENCING HUMAN BEHAVIOR AND TO USE JUDGMENT IN
THE  ENFORCEMENT  OF THE RULES AND REGULATIONS OF COMMUNITY SUPERVISION.
PAROLE OFFICERS SHALL BE PERSONS LIKELY TO EXERCISE A STRONG AND HELPFUL
INFLUENCE UPON PERSONS PLACED UNDER THEIR  SUPERVISION  WHILE  RETAINING
THE GOAL OF PROTECTING SOCIETY.
  3.  THE  COMMISSIONER,  ACTING  IN  COOPERATION WITH THE CIVIL SERVICE
COMMISSION, SHALL ESTABLISH STANDARDS, PRELIMINARY REQUISITES AND REQUI-
SITES TO GOVERN THE SELECTION AND APPOINTMENT OF PAROLE OFFICERS.
  4. A PAROLE OR WARRANT OFFICER, IN  PERFORMING  OR  IN  ATTEMPTING  TO
PERFORM  AN ARREST PURSUANT TO AND IN CONFORMANCE WITH THE PROVISIONS OF
ARTICLE ONE HUNDRED FORTY OF THE CRIMINAL PROCEDURE LAW, SHALL BE DEEMED
TO HAVE PERFORMED SUCH ACTIONS, RELATING TO SUCH ARREST, IN  THE  COURSE
OF EMPLOYMENT IN THE DEPARTMENT FOR PURPOSES OF DISABILITY OR DEATH FROM
ANY INJURIES ARISING THEREFROM. THE PROVISIONS OF THIS SUBDIVISION SHALL
APPLY  WHETHER OR NOT SUCH PAROLE OR WARRANT OFFICER WAS ON DUTY FOR THE
DEPARTMENT AT THE TIME OF PERFORMING  SUCH  ACTIONS  OR  PERFORMED  SUCH
ACTIONS OUTSIDE OF HIS OR HER REGULAR OR USUAL DUTIES WITHIN THE DEPART-
MENT.
  S 9. Intentionally omitted.

A. 4012--B                         50

  S  10.  Section 18 of the correction law, as amended by chapter 708 of
the laws of 1984 and subdivision 1 as amended by chapter 306 of the laws
of 1985, is amended to read as follows:
  S 18. Superintendents of correctional facilities.  1. Each correction-
al  facility  shall  have a superintendent who shall be appointed by the
commissioner [of correctional services]. Each such superintendent  shall
be in the non-competitive-confidential class but shall be appointed from
employees  of the department who have at least three years of experience
in correctional work in the department and  (i)  who  have  a  permanent
civil  service appointment of salary grade twenty-seven or higher or who
have a salary equivalent to a salary grade of twenty-seven or higher for
correctional facilities with  an  inmate  population  capacity  of  four
hundred  or  more  inmates,  or  (ii) who have a permanent civil service
appointment of salary grade twenty-three or higher or who have a  salary
equivalent  to a salary grade of twenty-three or higher for correctional
facilities with an inmate population capacity of fewer than four hundred
inmates; provided that for correctional facilities of  either  capacity,
the  employee  shall  be appointed superintendent at the hiring rate set
forth in section nineteen of this article or such other rate as  may  be
appropriate,  subject  to  the  approval  of the director of the budget;
provided that in no event shall the salary upon appointment  exceed  the
job  rate.    Such  superintendents  shall  serve at the pleasure of the
commissioner  and  shall  have  such  other  qualifications  as  may  be
prescribed  by  the  commissioner  [of  correctional services], based on
differences in duties, levels of responsibility, size and  character  of
the correctional facility, knowledge, skills and abilities required, and
other factors affecting the position.
  2.  Subject  to the rules and statutory powers of the commissioner [of
correctional services], or rules approved by him OR HER, the superinten-
dent of a correctional facility shall have the supervision  and  manage-
ment thereof.
  3.  Subject  to  the  direction  of  the commissioner [of correctional
services], and of  the  deputy  and  assistant  commissioners  in  their
respective  fields  of supervision, the superintendent of a correctional
facility shall direct the work and define the duties of all officers and
subordinates of the facility.
  S 11. Subdivision 1 of section 24 of the correction law, as  added  by
chapter 283 of the laws of 1972, is amended to read as follows:
  1.  No civil action shall be brought in any court of the state, except
by the attorney general on behalf of the state, against any  officer  or
employee  of  the  department,  WHICH FOR PURPOSES OF THIS SECTION SHALL
INCLUDE MEMBERS OF THE STATE BOARD OF PAROLE, in  his  OR  HER  personal
capacity,  for  damages  arising  out  of any act done or the failure to
perform any act within the scope of the employment and in the  discharge
of the duties by such officer or employee.
  S 12. Section 29 of the correction law, as added by chapter 654 of the
laws  of  1974,  subdivision  1 as amended by chapter 598 of the laws of
1990 and subdivision 4 as amended by section 1 of part R of  chapter  56
of the laws of 2005, is amended to read as follows:
  S  29.  Department  statistics.  1.  The  department shall continue to
collect, maintain, and analyze statistical  and  other  information  and
data  with respect to persons subject to the jurisdiction of the depart-
ment, including but not limited to: (a)  the  number  of  such  persons:
placed  in the custody of the department, assigned to a specific depart-
ment program, accorded  [temporary  release,  paroled  or  conditionally
released,  paroled  or conditionally released] COMMUNITY SUPERVISION and

A. 4012--B                         51

declared delinquent, recommitted to  a  state  correctional  institution
upon   revocation   of   [parole   or   conditional  release]  COMMUNITY
SUPERVISION,  or  [discharge]  DISCHARGED  upon  maximum  expiration  of
sentence;  (b)  the  criminal  history  of such persons; (c) the social,
educational, and vocational circumstances of any such persons; and,  (d)
the institutional[, parole and conditional release] AND COMMUNITY SUPER-
VISION  programs and THE behavior of such persons. Provided, however, in
the event any statistical information on the ethnic  background  of  the
inmate  population of a correctional facility or facilities is collected
by the department, such statistical information shall contain,  but  not
be  limited  to,  the  following  ethnic categories: (i) Caucasian; (ii)
Asian; (iii) American Indian; (iv) Afro-American/Black; and (v)  Spanish
speaking/Hispanic  which  category shall include, but not be limited to,
the following  subcategories  consisting  of:  (1)  Puerto  Ricans;  (2)
Cubans; (3) Dominicans; and (4) other Hispanic nationalities.
  2.  The commissioner [of correctional services] shall make rules as to
the privacy of records,  statistics  and  other  information  collected,
obtained and maintained by the department, its institutions or the board
of  parole and information obtained in an official capacity by officers,
employees or members thereof.
  3. The commissioner [of correctional services] shall  have  access  to
records  and  criminal  statistics collected by the division of criminal
justice services and the commissioner of criminal justice services shall
have access to records and criminal statistics collected by the  depart-
ment  of  [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION,
as  the  [commissioners]   COMMISSIONER   of   [correctional   services]
CORRECTIONS  AND  COMMUNITY SUPERVISION and THE COMMISSIONER OF criminal
justice services shall mutually determine.
  4. The commissioner [of the department of correctional services] shall
provide  an  annual  report  to  the  legislature  on  the  staffing  of
correction  officers  and  correction  sergeants  in  state correctional
facilities. Such report shall include, but not be limited to the follow-
ing factors: the number of security posts on the current plot  plan  for
each  facility  that  have been closed on a daily basis, by correctional
facility security classification  (minimum,  medium  and  maximum);  the
number  of  security positions eliminated by correctional facility since
two thousand compared to the number of inmates incarcerated in each such
facility; a breakdown by correctional facility  security  classification
(minimum, medium, and maximum) of the staff hours of overtime worked, by
year  since  two thousand and the annual aggregate costs related to this
overtime. In addition, such report shall be delineated  by  correctional
facility  security  classification,  the annual number of security posi-
tions eliminated, the number of closed posts and amount of  staff  hours
of  overtime  accrued  as well as the overall overtime expenditures that
resulted. Such report shall be provided to  the  chairs  of  the  senate
finance,  assembly  ways  and  means,  senate  crime and corrections and
assembly correction committees by December thirty-first.
  S 13. Subdivision 3 of section 40 of the correction law, as amended by
chapter 309 of the laws of 1996, is amended to read as follows:
  3. "Correctional facility" means any institution operated by the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION,  any local correctional facility, or any place used, pursuant to
a contract with the state  or  a  municipality,  for  the  detention  of
persons  charged  with  or  convicted of a crime, or, for the purpose of
this article only, a secure facility operated by the [state division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES.

A. 4012--B                         52

  S 14. Paragraph 5 of subdivision (a) of section 42 of  the  correction
law,  as added by chapter 865 of the laws of 1975, is amended to read as
follows:
  5.  No appointed member of the council shall qualify or enter upon the
duties of his office, or remain therein,  while  he  is  an  officer  or
employee  of  the  department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION or any correctional facility or is in  a  position
where  he  exercises  administrative  supervision  over any correctional
facility. The council shall have such staff as  shall  be  necessary  to
assist  it  in  the  performance  of its duties within the amount of the
appropriation therefor as determined by the chairman of the commission.
  S 15. Subdivision 4 of section 45 of the correction law, as  added  by
chapter 865 of the laws of 1975, is amended to read as follows:
  4.  Establish  procedures  to assure effective investigation of griev-
ances of, and conditions affecting, inmates of local correctional facil-
ities.  Such procedures shall include but not be limited to  receipt  of
written  complaints,  interviews  of  persons, and on-site monitoring of
conditions.  In addition, the commission shall establish procedures  for
the  speedy  and  impartial  review  of grievances referred to it by the
commissioner of the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION.
  S  16.  The  opening  paragraph  of  paragraph (a) of subdivision 8 of
section 71 of the correction law, as amended by chapter 508 of the  laws
of 2010, is amended to read as follows:
  In  each  year  in  which the federal decennial census is taken but in
which the United States bureau of the census does not implement a policy
of reporting incarcerated persons  at  each  such  person's  residential
address   prior   to  incarceration,  the  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION shall by September first
of that same year deliver to the legislative task force  on  demographic
research  and  reapportionment the following information for each incar-
cerated person subject to the jurisdiction of the department and located
in this state on the date for which the decennial census  reports  popu-
lation:
  S  16-a. The correction law is amended by adding a new section 71-a to
read as follows:
  S 71-A. TRANSITIONAL ACCOUNTABILITY PLAN. UPON ADMISSION OF AN  INMATE
COMMITTED  TO  THE  CUSTODY  OF THE DEPARTMENT UNDER AN INDETERMINATE OR
DETERMINATE SENTENCE OF IMPRISONMENT, THE  DEPARTMENT  SHALL  DEVELOP  A
TRANSITIONAL  ACCOUNTABILITY  PLAN.  SUCH PLAN SHALL BE A COMPREHENSIVE,
DYNAMIC AND INDIVIDUALIZED CASE MANAGEMENT PLAN BASED ON THE PROGRAMMING
AND TREATMENT NEEDS OF THE INMATE. THE PURPOSE OF SUCH PLAN SHALL BE  TO
PROMOTE  THE  REHABILITATION  OF  THE  INMATE  AND  THEIR SUCCESSFUL AND
PRODUCTIVE REENTRY AND REINTEGRATION INTO SOCIETY UPON RELEASE. TO  THAT
END,  SUCH  PLAN  SHALL  BE USED TO PRIORITIZE PROGRAMMING AND TREATMENT
SERVICES FOR THE INMATE DURING INCARCERATION AND ANY PERIOD OF COMMUNITY
SUPERVISION. THE COMMISSIONER SHALL CONSULT WITH THE  OFFICE  OF  MENTAL
HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THE BOARD
OF  PAROLE,  THE DEPARTMENT OF HEALTH, AND OTHER APPROPRIATE AGENCIES IN
THE DEVELOPMENT OF TRANSITIONAL CASE MANAGEMENT PLANS.
  S 17. Subdivision 2 of section 72-b of the correction law, as added by
section 48 of part B of chapter 58 of the laws of 2004,  is  amended  to
read as follows:
  2. No inmate about to be paroled, conditionally released, transferred,
released  or  discharged  shall  be referred to any adult home, enriched
housing program or residence for adults, as defined in  section  two  of

A. 4012--B                         53

the  social services law, where the department of [correctional services
or state division of parole] CORRECTIONS AND COMMUNITY  SUPERVISION  has
received written notice that the facility has been placed on the "do not
refer  list"  pursuant  to  subdivision  fifteen of section four hundred
sixty-d of the social services law.
  S 18. Section 75 of the correction law, as added by section 8 of  part
OO of chapter 56 of the laws of 2010, is amended to read as follows:
  S  75. Notice of voting rights. Upon the discharge from a correctional
facility of any  person  whose  maximum  sentence  of  imprisonment  has
expired  OR  UPON  A  PERSON'S DISCHARGE FROM COMMUNITY SUPERVISION, the
department shall notify such person of his or  her  right  to  vote  and
provide  such  person  with a form of application for voter registration
together with written information distributed by the board of  elections
on the importance and the mechanics of voting.
  S  19. Section 112 of the correction law, as amended by chapter 476 of
the laws of 1970, is amended to read as follows:
  S 112. Powers and duties of commissioner [of correction]  relating  to
correctional  facilities AND COMMUNITY SUPERVISION.  1. The commissioner
of [correction] CORRECTIONS AND COMMUNITY  SUPERVISION  shall  have  the
superintendence,  management  and control of the correctional facilities
in the department and of  the  inmates  confined  therein,  and  of  all
matters  relating to the government, discipline, policing, contracts and
fiscal concerns thereof. He OR SHE shall have the power and it shall  be
his  OR HER duty to inquire into all matters connected with said correc-
tional facilities. He OR SHE shall make such rules and regulations,  not
in  conflict  with the statutes of this state, for the government of the
officers and other employees of the department assigned to said  facili-
ties,  and  in regard to the duties to be performed by them, and for the
government and discipline of each correctional facility, as  he  OR  SHE
may  deem  proper,  and  shall  cause  such  rules and regulations to be
recorded by the superintendent of the facility, and a copy thereof to be
furnished to each employee assigned to the facility.  He  OR  SHE  shall
also  prescribe  a  system  of  accounts  and records to be kept at each
correctional facility, which system shall be  uniform  at  all  of  said
facilities,  and  he  OR SHE shall also make rules and regulations for a
record of  photographs  and  other  means  of  identifying  each  inmate
received  into  said  facilities.  He  OR  SHE shall appoint and remove,
subject to the civil service law and  rules,  subordinate  officers  and
other  employees  of  the  department  who  are assigned to correctional
facilities.
  2. THE COMMISSIONER SHALL HAVE THE MANAGEMENT AND CONTROL  OF  PERSONS
RELEASED  ON  COMMUNITY  SUPERVISION AND OF ALL MATTERS RELATING TO SUCH
PERSONS' EFFECTIVE REENTRY INTO THE COMMUNITY, AS WELL AS ALL  CONTRACTS
AND  FISCAL  CONCERNS THEREOF. THE COMMISSIONER SHALL HAVE THE POWER AND
IT SHALL BE HIS OR HER DUTY TO INQUIRE INTO ALL MATTERS  CONNECTED  WITH
SAID  COMMUNITY  SUPERVISION. THE COMMISSIONER SHALL MAKE SUCH RULES AND
REGULATIONS, NOT IN CONFLICT WITH THE STATUTES OF THIS  STATE,  FOR  THE
GOVERNMENT  OF  THE  OFFICERS  AND  OTHER  EMPLOYEES  OF  THE DEPARTMENT
ASSIGNED TO SAID COMMUNITY SUPERVISION, AND IN REGARD TO THE  DUTIES  TO
BE  PERFORMED  BY  THEM,  AS HE OR SHE DEEMS PROPER AND SHALL CAUSE SUCH
RULES AND REGULATIONS TO BE  FURNISHED  TO  EACH  EMPLOYEE  ASSIGNED  TO
PERFORM  COMMUNITY  SUPERVISION. THE COMMISSIONER SHALL ALSO PRESCRIBE A
SYSTEM OF ACCOUNTS AND RECORDS TO BE KEPT, WHICH SHALL BE  UNIFORM.  THE
COMMISSIONER  SHALL  ALSO  MAKE  RULES  AND  REGULATIONS FOR A RECORD OF
PHOTOGRAPHS AND OTHER MEANS  OF  IDENTIFYING  EACH  INMATE  RELEASED  TO
COMMUNITY SUPERVISION. THE COMMISSIONER SHALL APPOINT OFFICERS AND OTHER

A. 4012--B                         54

EMPLOYEES OF THE DEPARTMENT WHO ARE ASSIGNED TO PERFORM COMMUNITY SUPER-
VISION.
  3.  The  commissioner  [of  correction]  may  require reports from the
superintendent or any  other  officer  or  employee  of  the  department
assigned  to  any  correctional  facility OR TO PERFORM COMMUNITY SUPER-
VISION in relation to his OR HER conduct as such  officer  or  employee,
and  shall have the power to inquire into any improper conduct which may
be alleged to have been committed by  any  person  at  any  correctional
facility  OR IN THE COURSE OF HIS OR HER PERFORMANCE OF COMMUNITY SUPER-
VISION, and for that purpose to issue subpoenas to compel the attendance
of witnesses, and the production before him OR HER  of  books,  writings
and  papers.  A subpoena issued under this section shall be regulated by
the civil practice law and rules. [The  commissioner  of  correction  is
authorized and empowered to lease the railroad, constructed under and by
the authority of the laws of eighteen hundred and seventy-eight, chapter
one  hundred and forty-eight, for such term of years and upon such terms
and conditions as shall be approved of, in writing, by the governor  and
comptroller of this state.]
  S  20. Section 113 of the correction law, as amended by chapter 145 of
the laws of 1979, is amended to read as follows:
  S 113. Absence of inmate for funeral and deathbed visits or to  report
at  an  induction  center  for preinduction examination authorized.  The
commissioner [of correctional services] may permit any  inmate  confined
by  the  department  except one awaiting the sentence of death to attend
the funeral of his or her father, mother, guardian or  former  guardian,
child,  brother,  sister, husband, wife, grandparent, grandchild, ances-
tral uncle or ancestral aunt within the state, or to visit such individ-
ual during his or her illness if death be imminent or to  report  to  an
induction  center  for  the  purpose  of  being  examined  for  possible
induction into the armed forces of the United States; but  the  exercise
of  such  power  shall  be  subject to such rules and regulations as the
commissioner [of correctional services] shall prescribe, respecting  the
granting  of  such permission, duration of absence from the institution,
custody, transportation and care of the  inmate,  and  guarding  against
escape.  Any expense incurred under the provisions of this section, with
respect to any inmate permitted to attend a funeral or visit a  relative
during  last  illness,  shall be deemed an expense of maintenance of the
institution and be paid from moneys available therefor; but  the  super-
intendent,  if the rules and regulations of the commissioner [of correc-
tional services] shall so provide, may allow the inmate or anyone in his
behalf to reimburse the state for such expense. Any expense of custodial
officers incurred in delivering and returning inmates  to  and  from  an
induction  center  shall  be deemed an expense of the institution and be
paid from moneys available therefor but expenses of such  inmates  shall
not be defrayed by the institution or department or the state.
  S  21.  Subdivision 2 of section 125 of the correction law, as amended
by chapter 55 of the laws of 1992, is amended to read as follows:
  2. The superintendent of each of said facilities shall furnish to each
inmate who shall be discharged or released from said facility by pardon,
parole, conditional release or otherwise, except  such  inmates  as  are
released for return for resentence or new trial or upon a certificate of
reasonable  doubt,  and  except such inmates who are released to partic-
ipate in a program outside the facility who are required  to  return  to
the facility, suitable clothing adapted to the season in which he OR SHE
is  discharged not to exceed sixty-five dollars in value and transporta-
tion to the county of his OR HER conviction or to such  other  place  as

A. 4012--B                         55

the  commissioner [of correctional services] may designate. In addition,
the commissioner shall take such steps as are necessary to  ensure  that
inmates have at least forty dollars available upon release.
  S  22. Subdivision 6 of section 138 of the correction law, as added by
chapter 231 of the laws of 1975, is amended to read as follows:
  6. All rules and regulations pertaining to inmates established by  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION and all rules and regulations pertaining to  inmates  established
by  any  institutional staff at any state correctional facility shall be
reviewed annually by the commissioner of the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 23. Subdivision 1 of section 170 of the correction law,  as  amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  1.  The  commissioner  [of correctional services] shall not, nor shall
any other authority whatsoever, make any contract by which the labor  or
time  of  any inmate in any state or local correctional facility in this
state, or the product or profit of his work, shall be  contracted,  let,
farmed  out,  given  or  sold to any person, firm, association or corpo-
ration; except that the inmates in said  correctional  institutions  may
work  for,  and  the  products of their labor may be disposed of to, the
state or any political subdivision thereof, any public institution owned
or managed and controlled by the state,  or  any  political  subdivision
thereof.
  S  24.  Subdivision 1 of section 171 of the correction law, as amended
by chapter 364 of the laws of 1983, is amended to read as follows:
  1. The commissioner [of correctional services] and the superintendents
and officials of all penitentiaries in the state may  cause  inmates  in
the  state correctional facilities and such penitentiaries who are phys-
ically capable thereof to be employed for not to exceed eight  hours  of
each  day  other  than  Sundays and public holidays. Notwithstanding any
other provision of this section, however, the  commissioner  and  super-
intendents  of  state  correctional  facilities  may employ inmates on a
volunteer basis on Sundays and public holidays in specialized  areas  of
the facility, including kitchen areas, vehicular garages, rubbish pickup
and  grounds  maintenance,  providing, however, that inmates so employed
shall be allowed an alternative free day within the normal work week.
  S 25. Subdivision 3 of section 177 of the correction law,  as  amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  3.  However, for the purpose of distributing, marketing or sale of the
whole or any part of the product of any  correctional  facility  in  the
state, other than by said state correctional facilities, to the state or
to  any  political  subdivisions  thereof  or to any public institutions
owned or managed and controlled by the state, or by any political subdi-
visions thereof, or to any public corporation, authority,  or  eleemosy-
nary  association  funded  in  whole or in part by any federal, state or
local funds, the sheriff of any such local correctional facility and the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION may enter into a contract or contracts which  may  determine  the
kinds  and  qualities of articles to be produced by such institution and
the method of distribution and  sale  thereof  by  the  commissioner  of
[correctional  services]  CORRECTIONS AND COMMUNITY SUPERVISION or under
his OR HER direction, either in separate lots or in combination with the
products of other such institutions and with the  products  produced  by
inmates  in  state  correctional  facilities. Such contracts may fix and
determine any and all terms and conditions for the disposition  of  such
products and the disposition of proceeds of sale thereof and any and all

A. 4012--B                         56

other  terms and conditions as may be agreed upon, not inconsistent with
the constitution. However, no such contract shall be  for  a  period  of
more  than  one  year and any prices fixed by such contract shall be the
prices  established  pursuant  to section one hundred eighty-six of this
article for like articles or shall be  approved  by  the  department  of
[correctional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION and the
director of the budget on  presentation  to  them  of  a  copy  of  such
contract  or  proposed  contract, and provided further that any distrib-
ution or diversification of industries provided  for  by  such  contract
shall be in accordance with the rules and regulations established by the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION or shall be approved by such department on presentation to it  of
a copy of such contract or proposed contract.
  S  26.  Subdivision 1 of section 183 of the correction law, as amended
by chapter 464 of the laws of 1981, is amended to read as follows:
  1. It shall be the duty of the commissioner [of correctional services]
to distribute, among the correctional institutions under  his  jurisdic-
tion, the labor and industries assigned to said institutions, due regard
being  had  to  the  location and convenience of the prisons, and of the
other institutions to be supplied, the machinery  now  therein  and  the
number  of  prisoners,  in order to secure the best service and distrib-
ution of the labor, and to employ the prisoners, so far as  practicable,
in  occupations  in  which they will be most likely to obtain employment
after their discharge from imprisonment. The  commissioner  [of  correc-
tional  services]  shall  change  or  dispose  of the present plants and
machinery in said institutions now used in  industries  which  shall  be
discontinued,  and  which can not be used in the industries hereafter to
be carried on in said prisons, due effort to be made by full  notice  to
probable  purchasers,  in  case  of sales of industries or machinery, to
obtain the best price possible for the property sold, and good  will  of
the business to be discontinued.
  S  27.  Subdivision 2 of section 184 of the correction law, as amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  2. All such articles manufactured or prepared in the state correction-
al facilities, or by inmates, and not required for use therein, shall be
of the styles, patterns, designs and qualities fixed by  the  department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, except
where  the  same  have  been  or  may  be fixed by the office of general
services in the executive department. Such articles may be furnished  to
the  state,  or  to  any political subdivision thereof, or for or to any
public institution owned or managed and controlled by the state, or  any
political subdivision thereof, government of the United States or to any
state  of  the  United  States  or  subdivision thereof or to any public
corporation, authority, or eleemosynary association funded in  whole  or
in  part by any federal, state or local funds, at and for such prices as
shall be fixed and determined as hereinafter provided, upon  the  requi-
sitions  of  the proper officials thereof. No article so manufactured or
prepared shall be purchased from any other  source,  for  the  state  or
public institutions of the state, or the political subdivisions thereof,
or  public  benefit corporations, authorities or commissions, unless the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION shall certify that the same can not be furnished upon such requi-
sition, and no claim therefor shall be  audited  or  paid  without  such
certificate.
  S  28. Section 185 of the correction law, as amended by chapter 166 of
the laws of 1991, is amended to read as follows:

A. 4012--B                         57

  S 185. Estimates of articles required to be furnished.  On  or  before
July  first  in  each  year,  the proper officials of the state, and the
political subdivisions thereof, and of the institutions of the state, or
political subdivisions  thereof,  shall  report  to  the  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION estimates
for the ensuing year of  the  amount  of  supplies  of  different  kinds
required  to  be  purchased by them that can be furnished by the correc-
tional facilities  in  the  state.  The  commissioner  of  [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION is authorized to make
regulations for said reports, to provide for the manner in which  requi-
sitions shall be made for supplies, and to provide for the proper diver-
sification of the industries in the correctional facilities.
  S  29.  Subdivision 2 of section 186 of the correction law, as amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  2. The prices established by the  commissioner  shall  be  based  upon
costs as determined pursuant to this subdivision, but shall not exceed a
reasonable  fair market price determined at or within ninety days before
the time of sale. Fair market price as used herein means  the  price  at
which a vendor of the same or similar product or service who is regular-
ly  engaged in the business of selling such product or service offers to
sell such a product or service under similar terms in the  same  market.
However,  the  price  established by the commissioner for license plates
sold to the New York state department of  motor  vehicles  shall  in  no
event exceed an amount approved by the director of the budget.
  First  instance  appropriations  to  the  department  of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION for correctional  indus-
tries  shall be reimbursed pursuant to an agreement with the director of
the budget. In the absence of  a  first  instance  appropriation,  costs
shall  be determined in accordance with an agreement between the commis-
sioner of [correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION
and  the director of the budget. Any such agreement shall include, among
other provisions  deemed  necessary  by  the  budget  director  for  the
purposes  of  enabling programmatic overview and fiscal controls, one or
more methodologies  for  the  determination  of  costs  attributable  to
correctional  industries  or  to  any product manufactured in the insti-
tutions of the department  or  distributed,  marketed  or  sold  by  the
commissioner pursuant to this section, section one hundred seventy-seven
of this article or section one hundred seventy-five of the state finance
law.
  S 30.  Section 187 of the correction law, as amended by chapter 166 of
the laws of 1991, is amended to read as follows:
  S  187.  Earnings  of  inmates.  1.  Every  inmate confined in a state
correctional facility, subject to  the  rules  and  regulations  of  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, and every inmate confined in a local correctional  facility,  in
the discretion of the sheriff thereof, may receive compensation for work
performed  during  his  or  her imprisonment. Such compensation shall be
graded by the department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION  with regard to inmates employed in prison indus-
tries, based upon the work performed by  such  prisoners  for  prisoners
confined  in  state  correctional facilities, and by the sheriffs in all
local correctional facilities for inmates confined therein.
  2. The department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION shall adopt rules, subject to the approval of  the  director
of the budget, for establishing in all of the state correctional facili-
ties  a  system  of  compensation for the inmates confined therein. Such

A. 4012--B                         58

rules shall provide for the payment of compensation to each inmate,  who
shall  meet  the  requirements established by the department of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION, based  upon  the
work performed by such inmates.
  3.  The  department  shall  prepare graded wage schedules for inmates,
which [schedule] SCHEDULES shall be based upon classifications according
to the value of work performed by  each.  Such  schedules  need  not  be
uniform  in  all  institutions.   The rules of the department shall also
provide for the establishment of a credit system for each inmate and the
manner in which such earnings shall be paid to the inmate or his OR  HER
dependents or held in trust for him OR HER until his OR HER release.
  4.  Any  compensation  paid  to  an inmate under this article shall be
based on the work performed by such inmate.  Compensation  may  be  paid
from  moneys  appropriated to the department and available to facilities
for nonpersonal service.
  S 31. Section 198 of the correction law, as added by  chapter  240  of
the laws of 1974, is amended to read as follows:
  S  198.  Inmate  occupational  therapy  fund.  1.  The commissioner of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION   may
authorize the superintendent or director of any correctional institution
to  establish  an  inmate  occupational  therapy fund for the receipt of
proceeds from a product sold, as authorized by section one hundred nine-
ty-seven OF THIS ARTICLE, by one or  more  inmates  as  incident  to  an
avocational  or vocational project approved by the commissioner, includ-
ing but not limited to, art, music, drama, handicraft, or sports.
  2. Pursuant to rules, regulations or directions of  the  commissioner,
moneys  of  the fund may: (a) be made available to the superintendent or
director to be used for the  general  benefit  of  the  inmates  of  the
correctional institution wherein the product was produced, including but
not  limited  to,  furnishing  materials  and  supplies  to an inmate or
inmates for an avocational or vocational project and the transporting of
a product thereof for sale, display or otherwise  and  for  recreational
activities;  or  (b) be disbursed as follows: (i) an amount equal to the
proceeds from the sale of a product produced by one inmate may be depos-
ited to the account of such  inmate  pursuant  to  section  one  hundred
sixteen of [the correction law] THIS CHAPTER; or (ii) an amount equal to
the  proceeds from the sale of a product produced by two or more inmates
may be divided equally among such inmates and deposited to their respec-
tive accounts pursuant to section one hundred sixteen of [the correction
law] THIS CHAPTER.
  3. In determining the amount of the proceeds from a sale of a  product
that  may be deposited to the account of an inmate, the commissioner [of
correctional services] may provide for the deduction from the sum of the
proceeds the reasonable expenses  of  the  department  of  [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION incident to the sale,
including but not limited to, the value of materials  and  supplies  for
the  production  of the product supplied without financial charge to the
inmate and the expenses of transporting the product for sale or  display
or otherwise.
  S  32. The correction law is amended by adding a new article 8 to read
as follows:
                                ARTICLE 8
                          COMMUNITY SUPERVISION
SECTION 201. AUTHORITY AND RESPONSIBILITY FOR COMMUNITY SUPERVISION.
        202. CONDITIONS OF RELEASE; GENERALLY.
        203. ADDITIONAL CONDITIONS OF RELEASE FOR SEX OFFENDERS.

A. 4012--B                         59

        204. MANDATORY CONDITIONS OF RELEASE.
        205. MERIT  TERMINATION  OF SENTENCE AND DISCHARGE FROM PRESUMP-
               TIVE RELEASE, PAROLE, CONDITIONAL RELEASE AND RELEASE  TO
               POST-RELEASE SUPERVISION.
        206. APPLICATIONS   FOR   PRESUMPTIVE   RELEASE  OR  CONDITIONAL
               RELEASE.
        207. COOPERATION.
        208. DEPUTIZATION OF OUT-OF-STATE OFFICERS.
  S 201. AUTHORITY AND RESPONSIBILITY FOR COMMUNITY SUPERVISION. 1.  THE
DEPARTMENT  SHALL HAVE RESPONSIBILITY FOR THE PREPARATION OF REPORTS AND
OTHER DATA REQUIRED BY THE STATE BOARD OF PAROLE IN THE EXERCISE OF  ITS
INDEPENDENT DECISION MAKING FUNCTIONS.
  2.  IN  ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, THE DEPARTMENT
SHALL SUPERVISE INMATES RELEASED TO COMMUNITY SUPERVISION,  EXCEPT  THAT
THE  DEPARTMENT  MAY  CONSENT TO THE SUPERVISION OF A RELEASED INMATE BY
THE UNITED STATES PAROLE COMMISSION PURSUANT TO THE WITNESS SECURITY ACT
OF NINETEEN HUNDRED EIGHTY-FOUR.
  3. TO FACILITATE THE SUPERVISION OF ALL INMATES RELEASED TO  COMMUNITY
SUPERVISION,  THE  COMMISSIONER  SHALL  CONSIDER THE IMPLEMENTATION OF A
PROGRAM OF GRADUATED SANCTIONS, INCLUDING BUT NOT LIMITED TO THE  UTILI-
ZATION  OF A RISK AND NEEDS ASSESSMENT INSTRUMENT THAT WOULD BE ADMINIS-
TERED TO ALL INMATES ELIGIBLE FOR COMMUNITY SUPERVISION. SUCH A  PROGRAM
WOULD  INCLUDE  VARIOUS COMPONENTS INCLUDING APPROACHES THAT CONCENTRATE
SUPERVISION ON NEW RELEASES, ALTERNATIVES TO INCARCERATION FOR TECHNICAL
PAROLE VIOLATORS AND THE USE OF ENHANCED TECHNOLOGIES.
  4. THE DEPARTMENT SHALL CONDUCT SUCH INVESTIGATIONS AS MAY  BE  NECES-
SARY IN CONNECTION WITH ALLEGED VIOLATIONS OF COMMUNITY SUPERVISION.
  5.  THE  DEPARTMENT SHALL ASSIST INMATES ELIGIBLE FOR COMMUNITY SUPER-
VISION AND INMATES WHO ARE ON COMMUNITY SUPERVISION  TO  SECURE  EMPLOY-
MENT, EDUCATIONAL OR VOCATIONAL TRAINING, AND HOUSING.
  6.  THE  DEPARTMENT  SHALL  HAVE THE DUTY TO PROVIDE WRITTEN NOTICE TO
INMATES PRIOR TO RELEASE TO COMMUNITY SUPERVISION OR PURSUANT TO  SUBDI-
VISION  SIX  OF  SECTION  410.91  OF  THE  CRIMINAL PROCEDURE LAW OF ANY
REQUIREMENT TO REPORT TO THE OFFICE OF VICTIM SERVICES ANY  FUNDS  OF  A
CONVICTED  PERSON  AS DEFINED IN SECTION SIX HUNDRED THIRTY-TWO-A OF THE
EXECUTIVE LAW, THE PROCEDURE FOR SUCH REPORTING AND ANY POTENTIAL PENAL-
TY FOR A FAILURE TO COMPLY.
  7. THE DEPARTMENT SHALL  ENCOURAGE  APPRENTICESHIP  TRAINING  OF  SUCH
PERSONS THROUGH THE ASSISTANCE AND COOPERATION OF INDUSTRIAL, COMMERCIAL
AND LABOR ORGANIZATIONS.
  8.  THE  DEPARTMENT  MAY  ESTABLISH A COMMUNITY SUPERVISION TRANSITION
PROGRAM, WHICH IS HEREBY DEFINED AS COMMUNITY-BASED RESIDENTIAL  FACILI-
TIES  DESIGNED  TO  AID  COMMUNITY  SUPERVISION  VIOLATORS TO DEVELOP AN
INCREASED CAPACITY  FOR  ADJUSTMENT  TO  COMMUNITY  LIVING.  PRESUMPTIVE
RELEASEES,  PAROLEES, CONDITIONAL RELEASEES AND THOSE UNDER POST-RELEASE
SUPERVISION WHO HAVE EITHER (A) BEEN FOUND PURSUANT TO ARTICLE  TWELVE-B
OF  THE EXECUTIVE LAW TO HAVE VIOLATED ONE OR MORE CONDITIONS OF RELEASE
IN AN IMPORTANT RESPECT, OR (B) ALLEGEDLY VIOLATED ONE OR MORE  OF  SUCH
CONDITIONS  UPON A FINDING OF PROBABLE CAUSE AT A PRELIMINARY HEARING OR
UPON THE WAIVER THEREOF MAY BE PLACED IN A COMMUNITY SUPERVISION TRANSI-
TION FACILITY. PLACEMENT IN SUCH A FACILITY UPON A FINDING  OF  PROBABLE
CAUSE  OR THE WAIVER THEREOF SHALL NOT PRECLUDE THE CONDUCT OF A REVOCA-
TION HEARING, NOR, ABSENT A WAIVER, OPERATE TO DENY THE RELEASEE'S RIGHT
TO SUCH REVOCATION HEARING.
  9. (A) THE DEPARTMENT SHALL COLLECT A FEE OF THIRTY DOLLARS PER MONTH,
FROM ALL PERSONS OVER THE AGE OF EIGHTEEN WHO AFTER THE  EFFECTIVE  DATE

A. 4012--B                         60

OF  THIS  SUBDIVISION  ARE  SUPERVISED  ON  PRESUMPTIVE RELEASE, PAROLE,
CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION.  THE  DEPARTMENT  SHALL
WAIVE  ALL  OR  PART  OF SUCH FEE WHERE, BECAUSE OF THE INDIGENCE OF THE
OFFENDER, THE PAYMENT OF SAID FEE WOULD WORK AN UNREASONABLE HARDSHIP ON
THE  PERSON  CONVICTED, HIS OR HER IMMEDIATE FAMILY, OR ANY OTHER PERSON
WHO IS DEPENDENT ON SUCH PERSON FOR FINANCIAL SUPPORT.
  (B) THE SUPERVISION FEE  AUTHORIZED  BY  THIS  SUBDIVISION  SHALL  NOT
CONSTITUTE NOR BE IMPOSED AS A CONDITION OF COMMUNITY SUPERVISION.
  (C) IN THE EVENT OF NON-PAYMENT OF ANY FEES THAT HAVE NOT BEEN WAIVED,
THE  DEPARTMENT  MAY  SEEK TO ENFORCE PAYMENT IN ANY MANNER PERMITTED BY
LAW FOR ENFORCEMENT OF A DEBT OWED TO THE STATE.
  (D) NOTHING CONTAINED  IN  THIS  SUBDIVISION  AFFECTS  OR  LIMITS  THE
PROVISIONS  OF  SECTION  TWO HUNDRED FIFTY-NINE-MM OF THE EXECUTIVE LAW,
RELATING TO OUT-OF-STATE PAROLE SUPERVISION.  PRIOR  TO  A  TRANSFER  OF
PAROLE  SUPERVISION TO ANOTHER STATE, THE DEPARTMENT SHALL ELIMINATE ANY
SUPERVISION FEE IMPOSED PURSUANT TO THIS SUBDIVISION. THE DEPARTMENT MAY
COLLECT A FEE, PURSUANT TO THIS SUBDIVISION AND REGULATIONS  PROMULGATED
THEREUNDER,  FROM  ANY PERSON WHOSE PAROLE SUPERVISION IS TRANSFERRED TO
THIS STATE FROM ANOTHER.
  10. THE DEPARTMENT SHALL HAVE THE POWER TO GRANT  AND  REVOKE  CERTIF-
ICATES  OF  RELIEF FROM DISABILITIES AND CERTIFICATES OF GOOD CONDUCT AS
PROVIDED FOR BY LAW.
  11. IN ANY CASE WHERE A PERSON IS ENTITLED TO JAIL TIME  CREDIT  UNDER
THE PROVISIONS OF PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION 70.40 OF
THE  PENAL LAW, TO CERTIFY TO THE PERSON IN CHARGE OF THE INSTITUTION IN
WHICH SUCH PERSON'S SENTENCE IS BEING SERVED THE AMOUNT OF SUCH CREDIT.
  12. THE DEPARTMENT SHALL SUPERVISE ALL PERSONS WHO  ARE  RELEASED  AND
SUBJECT  TO  A REGIMEN OF STRICT AND INTENSIVE SUPERVISION AND TREATMENT
PURSUANT TO ARTICLE TEN OF THE MENTAL HYGIENE LAW. THE DEPARTMENT  SHALL
ISSUE  AND  PERIODICALLY  UPDATE  RULES  AND  REGULATIONS CONCERNING THE
SUPERVISION OF SUCH PERSONS IN  CONSULTATION  WITH  THE  OFFICE  OF  SEX
OFFENDER MANAGEMENT IN THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE
OFFICE OF MENTAL HEALTH.
  13. THE DEPARTMENT SHALL PERFORM SUCH OTHER FUNCTIONS AS ARE NECESSARY
AND  PROPER IN FURTHERANCE OF THE OBJECTIVE OF MAINTAINING AN EFFECTIVE,
EFFICIENT AND FAIR SYSTEM OF COMMUNITY SUPERVISION.
  14. THE COMMISSIONER SHALL PROMULGATE SUCH REGULATIONS AS  ARE  NECES-
SARY AND PROPER FOR THE EFFICIENT PERFORMANCE OF THE FUNCTIONS SET FORTH
IN  THIS  ARTICLE.  HE  OR SHE SHALL HAVE THE AUTHORITY TO CONTRACT WITH
PUBLIC OR PRIVATE AGENCIES FOR THE  PERFORMANCE  OF  THE  FUNCTIONS  SET
FORTH  IN  THIS  SECTION  AS ARE NECESSARY OR APPROPRIATE TO PROMOTE THE
EFFICIENT PERFORMANCE OF SUCH  RESPONSIBILITIES,  EXCEPT  THE  FUNCTIONS
DEFINED  IN  SUBDIVISIONS  ONE,  TWO, FOUR, NINE, TEN AND TWELVE OF THIS
SECTION.
  S 202. CONDITIONS OF RELEASE; GENERALLY. THE DEPARTMENT SHALL HAVE THE
POWER AND DUTY OF DETERMINING THE CONDITIONS OF RELEASE  OF  THE  PERSON
WHO  MAY  BE RELEASED TO COMMUNITY SUPERVISION UNDER AN INDETERMINATE OR
DETERMINATE SENTENCE OF IMPRISONMENT.
  S 203. ADDITIONAL CONDITIONS OF RELEASE FOR SEX  OFFENDERS.    1.  THE
COMMISSIONER  SHALL  PROMULGATE RULES AND REGULATIONS THAT SHALL INCLUDE
GUIDELINES AND PROCEDURES ON THE PLACEMENT OF SEX  OFFENDERS  DESIGNATED
AS  LEVEL TWO OR LEVEL THREE OFFENDERS PURSUANT TO ARTICLE SIX-C OF THIS
CHAPTER. SUCH REGULATIONS SHALL PROVIDE INSTRUCTION ON  CERTAIN  FACTORS
TO BE CONSIDERED WHEN INVESTIGATING AND APPROVING THE RESIDENCE OF LEVEL
TWO  OR  LEVEL  THREE  SEX  OFFENDERS  RELEASED  ON PRESUMPTIVE RELEASE,

A. 4012--B                         61

PAROLE, CONDITIONAL RELEASE OR POST-RELEASE  SUPERVISION.  SUCH  FACTORS
SHALL INCLUDE THE FOLLOWING:
  (A) THE LOCATION OF OTHER SEX OFFENDERS REQUIRED TO REGISTER UNDER THE
SEX  OFFENDER  REGISTRATION ACT, SPECIFICALLY WHETHER THERE IS A CONCEN-
TRATION OF REGISTERED SEX OFFENDERS IN A  CERTAIN  RESIDENTIAL  AREA  OR
MUNICIPALITY;
  (B)  THE  NUMBER  OF REGISTERED SEX OFFENDERS RESIDING AT A PARTICULAR
PROPERTY;
  (C) THE PROXIMITY OF ENTITIES WITH VULNERABLE POPULATIONS;
  (D) ACCESSIBILITY TO  FAMILY  MEMBERS,  FRIENDS  OR  OTHER  SUPPORTIVE
SERVICES,  INCLUDING, BUT NOT LIMITED TO, LOCALLY AVAILABLE SEX OFFENDER
TREATMENT PROGRAMS WITH PREFERENCE FOR  PLACEMENT  OF  SUCH  INDIVIDUALS
INTO  PROGRAMS  THAT  HAVE  DEMONSTRATED  EFFECTIVENESS  IN REDUCING SEX
OFFENDER RECIDIVISM AND INCREASING PUBLIC SAFETY; AND
  (E) THE AVAILABILITY OF PERMANENT, STABLE HOUSING IN ORDER  TO  REDUCE
THE LIKELIHOOD THAT SUCH OFFENDERS WILL BE TRANSIENT.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A
PERSON  SERVING A SENTENCE FOR AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED
THIRTY, ONE HUNDRED THIRTY-FIVE OR TWO HUNDRED  SIXTY-THREE  OR  SECTION
255.25, 255.26 OR 255.27 OF THE PENAL LAW AND THE VICTIM OF SUCH OFFENSE
WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH OFFENSE OR SUCH PERSON
HAS BEEN DESIGNATED A LEVEL THREE SEX OFFENDER PURSUANT TO ARTICLE SIX-C
OF  THIS  CHAPTER,  IS  RELEASED  ON  COMMUNITY  SUPERVISION IT SHALL BE
REQUIRED, AS A MANDATORY CONDITION OF SUCH RELEASE, THAT SUCH  SENTENCED
OFFENDER  SHALL  REFRAIN FROM KNOWINGLY ENTERING INTO OR UPON ANY SCHOOL
GROUNDS, AS THAT TERM IS DEFINED  IN  SUBDIVISION  FOURTEEN  OF  SECTION
220.00  OF THE PENAL LAW, OR ANY OTHER FACILITY OR INSTITUTION PRIMARILY
USED FOR THE CARE OR TREATMENT OF PERSONS  UNDER  THE  AGE  OF  EIGHTEEN
WHILE ONE OR MORE OF SUCH PERSONS UNDER THE AGE OF EIGHTEEN ARE PRESENT,
PROVIDED,  HOWEVER,  THAT  WHEN  SUCH SENTENCED OFFENDER IS A REGISTERED
STUDENT OR PARTICIPANT OR AN EMPLOYEE OF SUCH FACILITY OR INSTITUTION OR
ENTITY CONTRACTING THEREWITH OR HAS A FAMILY  MEMBER  ENROLLED  IN  SUCH
FACILITY  OR  INSTITUTION, SUCH SENTENCED OFFENDER MAY, WITH THE WRITTEN
AUTHORIZATION OF HIS OR HER PAROLE OFFICER  AND  THE  SUPERINTENDENT  OR
CHIEF ADMINISTRATOR OF SUCH FACILITY, INSTITUTION OR GROUNDS, ENTER SUCH
FACILITY,  INSTITUTION  OR  UPON  SUCH  GROUNDS FOR THE LIMITED PURPOSES
AUTHORIZED BY THE PAROLE OFFICER AND SUPERINTENDENT  OR  CHIEF  OFFICER.
NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS RESTRICTING ANY LAWFUL
CONDITION OF SUPERVISION THAT MAY BE IMPOSED ON SUCH SENTENCED OFFENDER.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A
PERSON SERVING A SENTENCE FOR AN OFFENSE FOR WHICH REGISTRATION AS A SEX
OFFENDER IS REQUIRED PURSUANT TO SUBDIVISION TWO OR THREE OF SECTION ONE
HUNDRED  SIXTY-EIGHT-A  OF  THIS CHAPTER, AND THE VICTIM OF SUCH OFFENSE
WAS UNDER THE AGE OF EIGHTEEN AT THE  TIME  OF  SUCH  OFFENSE,  OR  SUCH
PERSON  HAS BEEN DESIGNATED A LEVEL THREE SEX OFFENDER PURSUANT TO ARTI-
CLE SIX-C OF THIS CHAPTER, OR THE INTERNET WAS USED  TO  FACILITATE  THE
COMMISSION  OF THE CRIME, IS RELEASED ON COMMUNITY SUPERVISION, IT SHALL
BE REQUIRED, AS  A  MANDATORY  CONDITION  OF  SUCH  RELEASE,  THAT  SUCH
SENTENCED OFFENDER SHALL BE PROHIBITED FROM USING THE INTERNET TO ACCESS
PORNOGRAPHIC  MATERIAL,  ACCESS  A COMMERCIAL SOCIAL NETWORKING WEBSITE,
COMMUNICATE WITH OTHER INDIVIDUALS OR GROUPS FOR THE PURPOSE OF  PROMOT-
ING  SEXUAL RELATIONS WITH PERSONS UNDER THE AGE OF EIGHTEEN, AND COMMU-
NICATE WITH A PERSON UNDER THE AGE OF EIGHTEEN  WHEN  SUCH  OFFENDER  IS
OVER  THE  AGE  OF  EIGHTEEN, PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY
PERMIT AN OFFENDER TO USE THE INTERNET  TO  COMMUNICATE  WITH  A  PERSON
UNDER  THE  AGE  OF EIGHTEEN WHEN SUCH OFFENDER IS THE PARENT OF A MINOR

A. 4012--B                         62

CHILD AND IS NOT  OTHERWISE  PROHIBITED  FROM  COMMUNICATING  WITH  SUCH
CHILD. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS RESTRICTING ANY
OTHER  LAWFUL  CONDITION  OF  SUPERVISION  THAT  MAY  BE IMPOSED ON SUCH
SENTENCED  OFFENDER.  AS  USED IN THIS SUBDIVISION, A "COMMERCIAL SOCIAL
NETWORKING WEBSITE" SHALL MEAN ANY BUSINESS, ORGANIZATION OR OTHER ENTI-
TY OPERATING A WEBSITE THAT PERMITS PERSONS UNDER EIGHTEEN YEARS OF  AGE
TO  BE  REGISTERED  USERS  FOR  THE  PURPOSE  OF  ESTABLISHING  PERSONAL
RELATIONSHIPS WITH OTHER USERS, WHERE SUCH PERSONS UNDER EIGHTEEN  YEARS
OF  AGE  MAY:  (I) CREATE WEB PAGES OR PROFILES THAT PROVIDE INFORMATION
ABOUT THEMSELVES WHERE SUCH WEB PAGES OR PROFILES ARE AVAILABLE  TO  THE
PUBLIC  OR  TO  OTHER USERS; (II) ENGAGE IN DIRECT OR REAL TIME COMMUNI-
CATION WITH OTHER USERS, SUCH AS A CHAT ROOM OR INSTANT  MESSENGER;  AND
(III)  COMMUNICATE  WITH  PERSONS  OVER EIGHTEEN YEARS OF AGE; PROVIDED,
HOWEVER, THAT, FOR PURPOSES OF THIS  SUBDIVISION,  A  COMMERCIAL  SOCIAL
NETWORKING  WEBSITE  SHALL  NOT  INCLUDE A WEBSITE THAT PERMITS USERS TO
ENGAGE IN SUCH OTHER ACTIVITIES AS ARE NOT ENUMERATED IN THIS SECTION.
  4. THE DEPARTMENT SHALL HAVE THE DUTY, PRIOR TO THE RELEASE TO  COMMU-
NITY SUPERVISION OF AN INMATE DESIGNATED A LEVEL TWO OR THREE SEX OFFEN-
DER  PURSUANT TO THE SEX OFFENDER REGISTRATION ACT, TO PROVIDE NOTIFICA-
TION TO THE LOCAL SOCIAL SERVICES DISTRICT IN THE COUNTY  IN  WHICH  THE
INMATE  EXPECTS  TO  RESIDE,  WHEN  INFORMATION  AVAILABLE  OR ANY OTHER
PRE-RELEASE PROCEDURES INDICATES THAT SUCH INMATE IS LIKELY TO  SEEK  TO
ACCESS  LOCAL SOCIAL SERVICES FOR HOMELESS PERSONS. THE DEPARTMENT SHALL
PROVIDE SUCH NOTICE, WHEN PRACTICABLE, THIRTY DAYS OR MORE  BEFORE  SUCH
INMATE'S  RELEASE, BUT IN ANY EVENT, IN ADVANCE OF SUCH INMATE'S ARRIVAL
IN THE JURISDICTION OF SUCH LOCAL SOCIAL SERVICES DISTRICT.
  S 204. MANDATORY CONDITIONS OF RELEASE. 1. NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW, WHERE A PERSON IS SERVING A SENTENCE FOR A VIOLATION
OF SECTION 120.03, 120.04, 120.04-A, 125.12, 125.13  OR  125.14  OF  THE
PENAL LAW, OR A FELONY AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION  ELEVEN  HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, IF
SUCH PERSON IS RELEASED ON PAROLE OR CONDITIONAL RELEASE THE  DEPARTMENT
SHALL REQUIRE AS A MANDATORY CONDITION OF SUCH RELEASE, THAT SUCH PERSON
INSTALL AND MAINTAIN, IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEV-
EN  HUNDRED  NINETY-EIGHT  OF  THE  VEHICLE AND TRAFFIC LAW, AN IGNITION
INTERLOCK DEVICE IN ANY MOTOR VEHICLE OWNED OR OPERATED BY  SUCH  PERSON
DURING  THE  TERM  OF SUCH PAROLE OR CONDITIONAL RELEASE FOR SUCH CRIME.
PROVIDED FURTHER, HOWEVER, THE DEPARTMENT MAY  NOT  OTHERWISE  AUTHORIZE
THE  OPERATION  OF A MOTOR VEHICLE BY ANY PERSON WHOSE LICENSE OR PRIVI-
LEGE TO OPERATE A  MOTOR  VEHICLE  HAS  BEEN  REVOKED  PURSUANT  TO  THE
PROVISIONS OF THE VEHICLE AND TRAFFIC LAW.
  2.  WHERE  APPROPRIATE, THE DEPARTMENT SHALL REQUIRE AS A CONDITION OF
RELEASE  UNDER  SECTIONS  TWO  HUNDRED  FIFTY-NINE-R  AND  TWO   HUNDRED
FIFTY-NINE-S  OF  THE EXECUTIVE LAW THAT A MEDICAL PAROLEE BE SUPERVISED
ON AN INTENSIVE CASELOAD AT A REDUCED SUPERVISION RATIO.
  S 205. MERIT TERMINATION OF SENTENCE AND  DISCHARGE  FROM  PRESUMPTIVE
RELEASE,  PAROLE, CONDITIONAL RELEASE AND RELEASE TO POST-RELEASE SUPER-
VISION.  1. THE DEPARTMENT MAY GRANT TO ANY PERSON A  MERIT  TERMINATION
OF  SENTENCE  FROM  PRESUMPTIVE  RELEASE, PAROLE, CONDITIONAL RELEASE OR
RELEASE TO POST-RELEASE SUPERVISION PRIOR TO THE EXPIRATION OF THE  FULL
TERM  OR  MAXIMUM TERM, PROVIDED IT IS DETERMINED BY THE DEPARTMENT THAT
SUCH MERIT TERMINATION IS IN THE BEST INTERESTS OF SOCIETY, SUCH  PERSON
IS  NOT REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C
OF THIS CHAPTER, AND SUCH PERSON IS NOT ON PRESUMPTIVE RELEASE,  PAROLE,
CONDITIONAL  RELEASE  OR RELEASE TO POST-RELEASE SUPERVISION FROM A TERM

A. 4012--B                         63

OF IMPRISONMENT IMPOSED FOR ANY OF THE FOLLOWING  OFFENSES,  OR  FOR  AN
ATTEMPT TO COMMIT ANY OF THE FOLLOWING OFFENSES:
  (A)  A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL
LAW;
  (B) MURDER IN THE FIRST DEGREE OR MURDER IN THE SECOND DEGREE;
  (C) AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW;
  (D) UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE, KIDNAPPING IN THE FIRST
DEGREE, OR KIDNAPPING IN THE SECOND DEGREE, IN WHICH THE VICTIM IS  LESS
THAN  SEVENTEEN  YEARS  OLD  AND  THE  OFFENDER IS NOT THE PARENT OF THE
VICTIM;
  (E) AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED THIRTY OF THE PENAL  LAW
INVOLVING THE PROSTITUTION OF A PERSON LESS THAN NINETEEN YEARS OLD;
  (F)  DISSEMINATING  INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE OR
DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND DEGREE;
  (G) INCEST;
  (H) AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL
LAW;
  (I) A HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW; OR
  (J) AN OFFENSE DEFINED IN ARTICLE FOUR HUNDRED  NINETY  OF  THE  PENAL
LAW.
  2.  A  MERIT  TERMINATION GRANTED BY THE DEPARTMENT UNDER THIS SECTION
SHALL CONSTITUTE A TERMINATION OF THE SENTENCE WITH RESPECT TO WHICH  IT
WAS  GRANTED.  NO  SUCH  MERIT  TERMINATION  SHALL BE GRANTED UNLESS THE
DEPARTMENT IS SATISFIED THAT TERMINATION OF  SENTENCE  FROM  PRESUMPTIVE
RELEASE,  PAROLE,  CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION IS IN
THE BEST INTEREST OF SOCIETY, AND THAT THE PAROLEE OR  RELEASEE,  OTHER-
WISE  FINANCIALLY  ABLE  TO  COMPLY WITH AN ORDER OF RESTITUTION AND THE
PAYMENT OF ANY MANDATORY SURCHARGE PREVIOUSLY  IMPOSED  BY  A  COURT  OF
COMPETENT  JURISDICTION,  HAS  MADE A GOOD FAITH EFFORT TO COMPLY THERE-
WITH.
  3. A MERIT TERMINATION OF SENTENCE MAY BE GRANTED AFTER TWO  YEARS  OF
PRESUMPTIVE  RELEASE, PAROLE, CONDITIONAL RELEASE OR RELEASE TO POST-RE-
LEASE SUPERVISION TO A PERSON SERVING A SENTENCE FOR A  CLASS  A  FELONY
OFFENSE  AS  DEFINED  IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW.  A
MERIT TERMINATION OF SENTENCE MAY  BE  GRANTED  TO  ALL  OTHER  ELIGIBLE
PERSONS  AFTER  ONE  YEAR  OF  PRESUMPTIVE  RELEASE, PAROLE, CONDITIONAL
RELEASE OR RELEASE TO POST-RELEASE SUPERVISION.
  4. THE DEPARTMENT MUST GRANT TERMINATION OF SENTENCE AFTER THREE YEARS
OF UNREVOKED PRESUMPTIVE RELEASE OR PAROLE TO A PERSON SERVING AN  INDE-
TERMINATE  SENTENCE  FOR A CLASS A FELONY OFFENSE DEFINED IN ARTICLE TWO
HUNDRED TWENTY OF THE PENAL LAW, AND MUST GRANT TERMINATION OF  SENTENCE
AFTER  TWO  YEARS OF UNREVOKED PRESUMPTIVE RELEASE OR PAROLE TO A PERSON
SERVING AN INDETERMINATE SENTENCE FOR ANY OTHER FELONY  OFFENSE  DEFINED
IN  ARTICLE  TWO  HUNDRED  TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL
LAW.
  5. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  GOVERNING
THE  ISSUANCE  OF  MERIT  TERMINATIONS  OF  SENTENCE AND DISCHARGES FROM
PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE OR POST-RELEASE  SUPER-
VISION  TO  ASSURE  THAT SUCH TERMINATIONS AND DISCHARGES ARE CONSISTENT
WITH PUBLIC SAFETY.
  6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE  CONTRA-
RY, WHERE A TERM OF POST-RELEASE SUPERVISION IN EXCESS OF FIVE YEARS HAS
BEEN  IMPOSED  ON  A  PERSON CONVICTED OF A CRIME DEFINED IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW, INCLUDING A SEXUALLY MOTIVATED  FELONY,
THE DEPARTMENT MAY GRANT A DISCHARGE FROM POST-RELEASE SUPERVISION PRIOR
TO  THE EXPIRATION OF THE MAXIMUM TERM OF POST-RELEASE SUPERVISION. SUCH

A. 4012--B                         64

A DISCHARGE MAY BE GRANTED ONLY AFTER THE PERSON  HAS  SERVED  AT  LEAST
FIVE  YEARS  OF  POST-RELEASE  SUPERVISION, AND ONLY TO A PERSON WHO HAS
BEEN ON UNREVOKED POST-RELEASE SUPERVISION FOR AT  LEAST  THREE  CONSEC-
UTIVE YEARS. NO SUCH DISCHARGE SHALL BE GRANTED UNLESS THE DEPARTMENT:
  (A)  CONSULTS  WITH ANY LICENSED PSYCHOLOGIST, QUALIFIED PSYCHIATRIST,
OR OTHER MENTAL HEALTH PROFESSIONAL WHO IS PROVIDING CARE  OR  TREATMENT
TO THE SUPERVISEE;
  (B)  DETERMINES  THAT  A DISCHARGE FROM POST-RELEASE SUPERVISION IS IN
THE BEST INTERESTS OF SOCIETY; AND
  (C) IS SATISFIED THAT THE SUPERVISEE, OTHERWISE  FINANCIALLY  ABLE  TO
COMPLY  WITH  AN  ORDER  OF RESTITUTION AND THE PAYMENT OF ANY MANDATORY
SURCHARGE, SEX OFFENDER REGISTRATION FEE, OR DNA DATA BANK FEE PREVIOUS-
LY IMPOSED BY A COURT OF COMPETENT JURISDICTION, HAS MADE A  GOOD  FAITH
EFFORT TO COMPLY THEREWITH. BEFORE MAKING A DETERMINATION TO DISCHARGE A
PERSON  FROM  A  PERIOD  OF POST-RELEASE SUPERVISION, THE DEPARTMENT MAY
REQUEST THAT THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH  ARRANGE  A
PSYCHIATRIC EVALUATION OF THE SUPERVISEE. A DISCHARGE GRANTED UNDER THIS
SECTION  SHALL  CONSTITUTE A TERMINATION OF THE SENTENCE WITH RESPECT TO
WHICH IT WAS GRANTED.
  S 206. APPLICATIONS FOR PRESUMPTIVE RELEASE  OR  CONDITIONAL  RELEASE.
1.  ALL REQUESTS FOR PRESUMPTIVE RELEASE OR CONDITIONAL RELEASE SHALL BE
MADE IN WRITING ON FORMS PRESCRIBED AND  FURNISHED  BY  THE  DEPARTMENT.
WITHIN  ONE  MONTH FROM THE DATE ANY SUCH APPLICATION IS RECEIVED, IF IT
APPEARS THAT THE APPLICANT IS ELIGIBLE FOR PRESUMPTIVE RELEASE OR CONDI-
TIONAL RELEASE OR WILL BE ELIGIBLE FOR SUCH RELEASE DURING  SUCH  MONTH,
THE  CONDITIONS  OF  RELEASE  SHALL  BE  FIXED  IN ACCORDANCE WITH RULES
PRESCRIBED BY THE DEPARTMENT. SUCH CONDITIONS SHALL BE SUBSTANTIALLY THE
SAME AS CONDITIONS IMPOSED UPON PAROLEES.
  2.  NO  PERSON  SHALL  BE  PRESUMPTIVELY  RELEASED  OR   CONDITIONALLY
RELEASED,  UNLESS  THE APPLICANT HAS AGREED IN WRITING TO THE CONDITIONS
OF RELEASE.  THE AGREEMENT SHALL STATE IN PLAIN,  EASILY  UNDERSTANDABLE
LANGUAGE  THE  CONSEQUENCES  OF A VIOLATION OF ONE OR MORE OF THE CONDI-
TIONS OF RELEASE.
  S 207. COOPERATION. IT SHALL  BE  THE  DUTY  OF  THE  COMMISSIONER  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION TO INSURE THAT ALL OFFICERS AND
EMPLOYEES OF THE DEPARTMENT SHALL AT ALL TIMES COOPERATE WITH THE  BOARD
OF  PAROLE AND SHALL FURNISH TO SUCH MEMBERS OF THE BOARD OF PAROLE SUCH
INFORMATION AS MAY BE APPROPRIATE TO ENABLE THEM TO PERFORM THEIR  INDE-
PENDENT DECISION MAKING FUNCTIONS.
  S  208.  DEPUTIZATION  OF OUT-OF-STATE OFFICERS.   THE COMMISSIONER IS
HEREBY AUTHORIZED AND EMPOWERED TO DEPUTIZE ANY PAROLE OFFICER OR  PEACE
OFFICER OF ANOTHER STATE TO ACT AS AN OFFICER AND AGENT OF THIS STATE IN
EFFECTING THE RETURN OF ANY PERSON WHO HAS VIOLATED THE TERMS AND CONDI-
TIONS OF PAROLE OR PROBATION AS GRANTED BY THIS STATE.
  ANY  DEPUTIZATION PURSUANT TO THIS SECTION SHALL BE IN WRITING AND ANY
PERSON AUTHORIZED TO ACT AS AN AGENT OF THIS STATE PURSUANT HERETO SHALL
CARRY FORMAL EVIDENCE OF HIS OR HER DEPUTIZATION AND SHALL  PRODUCE  THE
SAME UPON DEMAND.
  THE  COMMISSIONER IS HEREBY AUTHORIZED, SUBJECT TO THE APPROVAL OF THE
COMPTROLLER, TO ENTER INTO CONTRACTS WITH SIMILAR OFFICIALS OF ANY OTHER
STATE OR STATES FOR THE PURPOSE OF SHARING AN EQUITABLE PORTION  OF  THE
COST  OF  EFFECTING  THE RETURN OF ANY PERSON WHO HAS VIOLATED THE TERMS
AND CONDITIONS OF PAROLE OR PROBATION AS GRANTED BY THIS STATE.
  S 33. Section 202 of the correction law, as added by  section  thirty-
two of this act, is amended to read as follows:

A. 4012--B                         65

  S 202. Conditions of release; generally. The department shall have the
power  and  duty  of determining the conditions of release of the person
who may be released to community supervision under an  indeterminate  or
determinate  sentence  of imprisonment AND OF DETERMINING THE CONDITIONS
OF  SUPERVISION  FOR INMATES SERVING A DEFINITE SENTENCE OF IMPRISONMENT
WHO MAY BE CONDITIONALLY RELEASED BY THE STATE BOARD OF PAROLE  PURSUANT
TO SUBDIVISION TWO OF SECTION 70.40 OF THE PENAL LAW.
  S 34. Intentionally omitted.
  S  35. Subdivision 5 of section 400 of the correction law, as added by
chapter 766 of the laws of 1976, is amended to read as follows:
  (5) "Inmate" means a person committed to the custody of the department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION,  or  a
person convicted of a crime and committed to the custody of the sheriff,
the county jail, or a local department of correction.
  S  36. Subparagraph 3 of paragraph c of subdivision 7 of section 500-b
of the correction law, as amended by chapter 574 of the laws of 1985, is
amended to read as follows:
  (3) records, to the extent relevant and known to the chief administra-
tive officer, maintained by the department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  and/or  any local correctional
facility in this state and which are accessible  and  available  to  the
chief administrative officer; and
  S  37.  Section 259 of the executive law is REPEALED and a new section
259 is added to read as follows:
  S 259. DEFINITIONS. WHEN USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "BOARD" MEANS THE STATE BOARD OF PAROLE.
  2.   "COMMISSIONER"  MEANS  THE  COMMISSIONER  OF  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  3.  "COMMUNITY  SUPERVISION"  MEANS  THE  SUPERVISION  OF  INDIVIDUALS
RELEASED  INTO  THE COMMUNITY ON TEMPORARY RELEASE, PRESUMPTIVE RELEASE,
PAROLE, CONDITIONAL RELEASE, POST RELEASE SUPERVISION OR MEDICAL PAROLE.
  4. "DEPARTMENT" MEANS THE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION.
  S 38. Section 259-a of the executive law is REPEALED.
  S 38-a. Section 259-b of the executive law, as added by chapter 904 of
the laws of 1977, subdivision 1 as amended by chapter 123 of the laws of
1987 and subdivision 2 as amended by chapter 111 of the laws of 1989, is
amended to read as follows:
  S 259-b. State  board  of  parole; organization. 1. There shall be [in
the state division of parole]  a  state  board  of  parole  which  shall
possess  the  powers  and duties hereinafter specified. Such board shall
consist of not more than nineteen members appointed by the governor with
the advice and consent of the senate. The term of office of each  member
of such board shall be for six years; provided, however, that any member
chosen  to fill a vacancy occurring otherwise than by expiration of term
shall be appointed for the remainder of the unexpired term of the member
whom he is to succeed. In the event of  the  inability  to  act  of  any
member,  the  governor may appoint some competent informed person to act
in his stead during the continuance of such disability.
  2. Each member of the board shall have been awarded a degree  from  an
accredited  four-year  college  or  university or a graduate degree from
such college or university or accredited graduate school and shall  have
had  at  least  five years of experience in one or more of the fields of
criminology, administration of criminal justice, law enforcement,  soci-

A. 4012--B                         66

ology,  law,  social  work, corrections, psychology, psychiatry or medi-
cine.
  3.  The  governor  shall  designate one of the members of the board as
chairman to serve in such capacity at the pleasure of  the  governor  or
until  the member's term of office expires and a successor is designated
in accordance with law, whichever first occurs.
  4. The members of the [state] board [of parole]  shall  not  hold  any
other  public  office;  nor shall they, at any time of their appointment
nor during their incumbency, serve as a representative of any  political
party  on an executive committee or other governing body thereof, nor as
an executive officer or employee of any political  committee,  organiza-
tion or association.
  5.  Each member of the [state] board [of parole] shall receive for his
services an annual salary to be fixed by the governor within the  amount
appropriated  therefor. Each member of such board shall also receive his
necessary expenses actually incurred in the discharge of his duties.
  6. Any member of the [state] board [of parole] may be removed  by  the
governor for cause after an opportunity to be heard.
  7.  Except  as  otherwise  provided  by law, a majority of the [state]
board [of parole] shall constitute a quorum for the transaction  of  all
business of the board.
  S  38-b.   Section 259-c of the executive law, as added by chapter 904
of the laws of 1977, subdivision 1 as amended by section 8 of part J and
subdivision 4 as amended by section 2 of part N of  chapter  56  of  the
laws  of 2009, subdivisions 2 and 6 as amended by section 7 of part E of
chapter 62 of the laws of 2003, subdivision 13 as amended by  chapter  1
of  the  laws  of  2000, subdivision 14 as amended by chapter 320 of the
laws of 2006, subdivision 15 as added by chapter 67 of the laws of 2008,
subdivision 15-a as added by chapter 496 of the laws of  2009,  subdivi-
sion 16 as amended by section 14 of part A1 of chapter 56 of the laws of
2010  and  subdivision 17 as added by chapter 96 of the laws of 2006 and
as renumbered by chapter 67 of the laws of 2008, is amended to  read  as
follows:
  S 259-c. State  board  of  parole;  functions,  powers and duties. The
state board of parole shall: 1. have the power and duty  of  determining
which inmates serving an indeterminate or determinate sentence of impri-
sonment  may  be  released  on  parole, or on medical parole pursuant to
section two hundred fifty-nine-r or section two hundred fifty-nine-s  of
this article[, and when and under what conditions];
  [2.  have  the power and duty of determining the conditions of release
of the person who may be presumptively released, conditionally  released
or  subject  to a period of post-release supervision under an indetermi-
nate or determinate sentence of imprisonment;]
  3. determine, as each inmate is received by the department [of correc-
tional services], the need for further investigation of  the  background
of  such  inmate  [and].   UPON SUCH DETERMINATION, THE DEPARTMENT SHALL
cause such investigation as may be necessary to be made as soon as prac-
ticable, the results of  such  investigation  together  with  all  other
information  compiled  by  the  [division pursuant to subdivision one of
section two hundred fifty-nine-a] DEPARTMENT and the  complete  criminal
record  and  family  court record of such inmate to be filed so as to be
readily available when the parole of such inmate is being considered;
  4. establish written guidelines for its use in making parole decisions
as required by law[, including the fixing of minimum periods  of  impri-
sonment  or ranges thereof for different categories of offenders].  Such
written guidelines may consider the use of a risk and  needs  assessment

A. 4012--B                         67

instrument to assist members of the state board of parole in determining
which  inmates  may  be  released  to parole supervision.   ON OR BEFORE
DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, THE BOARD SHALL  UPDATE  THE
WRITTEN GUIDELINES REQUIRED BY THIS SUBDIVISION AND INCORPORATE RISK AND
NEEDS  PRINCIPLES  IN  ORDER  TO  MEASURE  THE REHABILITATION OF PERSONS
APPEARING BEFORE THE BOARD FOR PAROLE RELEASE CONSIDERATION, THE LIKELI-
HOOD OF SUCCESS OF SUCH PERSONS UPON RELEASE AND  THE  EXTENT  TO  WHICH
RELEASE  OF SUCH PERSONS WOULD POSE A DANGER TO SOCIETY. SUCH GUIDELINES
SHALL BE MADE APPLICABLE TO ALL PERSONS SERVING INDETERMINATE SENTENCES.
THEREAFTER, THE BOARD SHALL UPDATE SUCH GUIDELINES AT  LEAST  BIENNIALLY
OR MORE OFTEN AS DETERMINED NECESSARY BY THE BOARD;
  5.  through  its members, officers and employees, study or cause to be
studied the inmates confined in institutions over which  the  board  has
jurisdiction, so as to determine their ultimate fitness to be paroled;
  6.  have  the power to revoke the [presumptive release, parole, condi-
tional release or post-release]  COMMUNITY  supervision  status  of  any
person  and  to authorize the issuance of a warrant for the re-taking of
such persons;
  [7. have the power to grant and revoke  certificates  of  relief  from
disabilities and certificates of good conduct as provided for by law;]
  8.  have  the power and perform the duty, when requested by the gover-
nor, of reporting to the governor  the  facts,  circumstances,  criminal
records  and  social,  physical,  mental  and psychiatric conditions and
histories of inmates under consideration by the governor for  pardon  or
commutation  of sentence and of applicants for restoration of the rights
of citizenship;
  9. for the purpose of any investigation in the performance  of  duties
made  by it or any member thereof, have the power to issue subpoenas, to
compel the attendance of witnesses and the production of books,  papers,
and other documents pertinent to the subject of its inquiry;
  10.  have the power to authorize any members thereof and hearing offi-
cers to administer oaths and take the testimony of persons under oath;
  11. make rules for the conduct of its work, a copy of such  rules  and
of any amendments thereto to be filed by the chairman with the secretary
of state;
  12.  [in any case where a person is entitled to jail time credit under
the provisions of paragraph (c) of subdivision three of section 70.40 of
the penal law, to certify to the person in charge of the institution  in
which  such person's sentence is being served the amount of such credit]
TO FACILITATE THE SUPERVISION  OF  ALL  INMATES  RELEASED  ON  COMMUNITY
SUPERVISION THE CHAIRMAN OF THE STATE BOARD OF PAROLE SHALL CONSIDER THE
IMPLEMENTATION  OF  A  PROGRAM OF GRADUATED SANCTIONS, INCLUDING BUT NOT
LIMITED TO THE UTILIZATION OF A RISK  AND  NEEDS  ASSESSMENT  INSTRUMENT
THAT  WOULD  BE  ADMINISTERED  TO ALL INMATES ELIGIBLE FOR PAROLE SUPER-
VISION. SUCH A PROGRAM WOULD INCLUDE VARIOUS  COMPONENTS  INCLUDING  THE
USE OF ALTERNATIVES TO INCARCERATION FOR TECHNICAL PAROLE;
  13. transmit a report of the work of the state board of parole for the
preceding calendar year to the governor and the legislature annually;
  14. [notwithstanding any other provision of law to the contrary, where
a  person  serving  a  sentence  for  an  offense defined in article one
hundred thirty, one hundred thirty-five or two  hundred  sixty-three  of
the  penal  law or section 255.25, 255.26 or 255.27 of the penal law and
the victim of such offense was under the age of eighteen at the time  of
such offense or such person has been designated a level three sex offen-
der  pursuant to subdivision six of section one hundred sixty-eight-l of
the correction law, is released  on  parole  or  conditionally  released

A. 4012--B                         68

pursuant  to  subdivision  one  or  two of this section, the board shall
require, as a mandatory condition of such release, that  such  sentenced
offender  shall  refrain from knowingly entering into or upon any school
grounds,  as  that  term  is  defined in subdivision fourteen of section
220.00 of the penal law, or any other facility or institution  primarily
used  for  the  care  or  treatment of persons under the age of eighteen
while one or more of such persons under the age of eighteen are present,
provided however, that when such  sentenced  offender  is  a  registered
student or participant or an employee of such facility or institution or
entity  contracting  therewith  or  has a family member enrolled in such
facility or institution, such sentenced offender may, with  the  written
authorization  of  his  or  her parole officer and the superintendent or
chief administrator of such facility, institution or grounds, enter such
facility, institution or upon such  grounds  for  the  limited  purposes
authorized  by  the  parole officer and superintendent or chief officer.
Nothing in this subdivision shall be construed as restricting any lawful
condition of supervision that may be imposed on such sentenced offender.
  15. Notwithstanding any other provision of law to the contrary,  where
a  person is serving a sentence for an offense for which registration as
a sex offender is required pursuant  to  subdivision  two  or  three  of
section  one hundred sixty-eight-a of the correction law, and the victim
of such offense was under the age  of  eighteen  at  the  time  of  such
offense  or  such  person has been designated a level three sex offender
pursuant to subdivision six of section one hundred sixty-eight-l of  the
correction  law or the internet was used to facilitate the commission of
the crime, is released on parole or conditionally released  pursuant  to
subdivision  one  or  two  of  this section, the board shall require, as
mandatory conditions of such release, that such sentenced offender shall
be prohibited from using the internet to access  pornographic  material,
access  a  commercial  social networking website, communicate with other
individuals or groups for the purpose of promoting sexual relations with
persons under the age of eighteen, and communicate with a  person  under
the  age  of  eighteen  when  such offender is over the age of eighteen,
provided that the board may permit an offender to use  the  internet  to
communicate  with  a person under the age of eighteen when such offender
is the parent of a minor child and  is  not  otherwise  prohibited  from
communicating  with  such  child.  Nothing  in this subdivision shall be
construed as restricting any other lawful condition of supervision  that
may  be imposed on such sentenced offender. As used in this subdivision,
a "commercial social networking website" shall mean any business, organ-
ization or other entity operating a website that permits  persons  under
eighteen  years  of age to be registered users for the purpose of estab-
lishing personal relationships with  other  users,  where  such  persons
under  eighteen  years of age may: (i) create web pages or profiles that
provide information about themselves where such web  pages  or  profiles
are  available to the public or to other users; (ii) engage in direct or
real time communication with other users, such as a chat room or instant
messenger; and (iii) communicate with persons  over  eighteen  years  of
age;  provided,  however,  that,  for  purposes  of  this subdivision, a
commercial social networking website shall not include  a  website  that
permits  users  to engage in such other activities as are not enumerated
herein.
  15-a. Notwithstanding any other provision of law, where  a  person  is
serving  a sentence for a violation of section 120.03, 120.04, 120.04-a,
125.12, 125.13 or 125.14 of the penal law, or a  felony  as  defined  in
paragraph  (c) of subdivision one of section eleven hundred ninety-three

A. 4012--B                         69

of the vehicle and traffic law, if such person is released on parole  or
conditional  release the board shall require as a mandatory condition of
such release, that such person install and maintain, in accordance  with
the provisions of section eleven hundred ninety-eight of the vehicle and
traffic  law, an ignition interlock device in any motor vehicle owned or
operated by such person during the term of such  parole  or  conditional
release  for  such  crime.  Provided further, however, the board may not
otherwise authorize the operation of a motor vehicle by any person whose
license or privilege to operate a motor vehicle has been revoked  pursu-
ant to the provisions of the vehicle and traffic law.
  16.  have  the duty to provide written notice to such inmates prior to
release on presumptive release, parole, parole supervision,  conditional
release  or  post  release supervision or pursuant to subdivision six of
section 410.91 of the criminal  procedure  law  of  any  requirement  to
report  to the office of victim services any funds of a convicted person
as defined in section six hundred  thirty-two-a  of  this  chapter,  the
procedure  for such reporting and any potential penalty for a failure to
comply.
  17. have the duty, prior to the release, parole or release to post-re-
lease supervision of an inmate designated  a  level  two  or  three  sex
offender  pursuant  to  the  sex  offender  registration act, to provide
notification to the local social services  district  in  the  county  in
which  the  inmate  expects to reside, when information available to the
board pursuant to section one hundred sixty-eight-e  of  the  correction
law  or  any  other pre-release procedures indicates that such inmate is
likely to seek to access local social services for homeless persons. The
board shall provide such notice, when practicable, thirty days  or  more
before  such  inmate's  release,  but  in  any event, in advance of such
inmate's arrival in the  jurisdiction  of  such  local  social  services
district]  DETERMINE WHICH INMATES SERVING A DEFINITE SENTENCE OF IMPRI-
SONMENT MAY BE CONDITINOALLY RELEASED FROM AN INSTITUTION IN WHICH HE OR
SHE IS CONFINED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION  70.40  OF
THE PENAL LAW.
  S  38-b-1.    Subdivision  1 of section 259-c of the executive law, as
amended by chapter 55 of the  laws  of  1992,  is  amended  to  read  as
follows:
  1.  have  the  power  and duty of determining which inmates serving an
indeterminate sentence of imprisonment may be released on parole, or  on
medical  parole  pursuant  to  section  two hundred fifty-nine-r of this
article[, and when and under what conditions];
  S 38-c. Section 259-e of the executive law, as amended by section 8 of
part E of chapter 62 of the laws of 2003, is amended to read as follows:
  S 259-e. Institutional  parole  services.  The  [division]  DEPARTMENT
shall  provide  institutional parole services. [Subject to the authority
of the chairman, these]  SUCH  SERVICES  shall  include  preparation  of
reports  and  other  data  required  by the state board of parole in the
exercise of  its  functions  with  respect  to  release  on  presumptive
release,  parole,  conditional  release  or  post-release supervision of
inmates. Employees of the [division] DEPARTMENT who collect data, inter-
view inmates and prepare reports for the [state] board  [of  parole]  in
institutions  under  the jurisdiction of the department [of correctional
services] shall not work under the direct or indirect supervision of the
head of the institution.
  S 38-d. Section 259-f of the executive law is REPEALED.
  S 38-e. Section 259-g of the executive law is REPEALED.

A. 4012--B                         70

  S 38-f. Subdivision 1  of  section  259-i  of  the  executive  law  is
REPEALED.
  S  38-f-1.   Paragraphs (a), (b) and (d) and subparagraph (A) of para-
graph (c) of subdivision 2, subparagraphs (i) and (iii) of paragraph (a)
of subdivision 3, subparagraph (x) of paragraph (f)  of  subdivision  3,
and  paragraph  (i)  of  subdivision 3 of section 259-i of the executive
law, paragraph (a) of subdivision 2 as separately amended by section  11
of  part  E  and  section 9 of part F of chapter 62 of the laws of 2003,
paragraph (b) of subdivision 2, subparagraph (i)  of  paragraph  (a)  of
subdivision  3  and paragraph (i) of subdivision 3 as amended by section
11 of part E of chapter 62 of the laws  of  2003,  subparagraph  (A)  of
paragraph  (c)  of subdivision 2 as amended by section 12 of part AAA of
chapter 56 of the laws of  2009,  paragraph  (d)  of  subdivision  2  as
amended  by chapter 239 of the laws of 2007, subparagraph (iii) of para-
graph (a) of subdivision 3, as amended by section 11 of part E of  chap-
ter  62  of the laws of 2003 and as renumbered by section 1 of part M of
chapter 56 of the laws of 2009, subparagraph (x)  of  paragraph  (f)  of
subdivision  3  as  amended  by section 3 of part E of chapter 56 of the
laws of 2007, are amended to read as follows:
  (a) (i) Except as provided in subparagraph (ii) of this paragraph,  at
least  one  month  prior  to  the date on which an inmate may be paroled
pursuant to subdivision one of section 70.40 of the penal law, a  member
or  members  as  determined  by  the rules of the board shall personally
interview such inmate and determine whether  he  should  be  paroled  in
accordance  with  the guidelines adopted pursuant to subdivision four of
section two hundred fifty-nine-c of  this  article.  If  parole  is  not
granted upon such review, the inmate shall be informed in writing within
two  weeks of such appearance of the factors and reasons for such denial
of parole. Such reasons shall be given in detail and not  in  conclusory
terms  AND  THE  BOARD  SHALL EXPLAIN IN WRITING HOW THE GUIDELINES WERE
SPECIFICALLY APPLIED TO THE INMATE. The board shall specify a  date  not
more  than  twenty-four  months  from such determination for reconsider-
ation, and the procedures to be followed upon reconsideration  shall  be
the  same.  If  the  inmate is released, he shall be given a copy of the
conditions of parole. Such conditions shall where appropriate, include a
requirement that the parolee comply with any restitution order, mandato-
ry surcharge, sex offender registration fee and DNA databank fee  previ-
ously  imposed  by a court of competent jurisdiction that applies to the
parolee. The [board of parole] CONDITIONS shall indicate which  restitu-
tion  collection  agency  established under subdivision eight of section
420.10  of  the  criminal  procedure  law,  shall  be  responsible   for
collection  of  restitution, mandatory surcharge, sex offender registra-
tion fees and DNA databank fees as provided for in section 60.35 of  the
penal  law  and section eighteen hundred nine of the vehicle and traffic
law.
  (ii) Any inmate who is scheduled for presumptive release  pursuant  to
section  eight hundred six of the correction law shall not appear before
the [parole] board as provided in subparagraph  (i)  of  this  paragraph
unless   such  inmate's  scheduled  presumptive  release  is  forfeited,
canceled, or rescinded subsequently as provided in  such  law.  In  such
event,  the  inmate  shall  appear before the [parole] board for release
consideration as provided in subparagraph (i) of this paragraph as  soon
thereafter as is practicable.
  (b) Persons presumptively released, paroled, conditionally released or
released  to  post-release  supervision  from  an  institution under the
jurisdiction of  the  department  [of  correctional  services  or],  the

A. 4012--B                         71

department  of  mental  hygiene  OR  THE  OFFICE  OF CHILDREN AND FAMILY
SERVICES  shall,  while  on  presumptive  release,  parole,  conditional
release  or  post-release  supervision,  be  in the legal custody of the
[division  of parole] DEPARTMENT until expiration of the maximum term or
period of sentence, or expiration of the period of supervision,  includ-
ing any period of post-release supervision, or return to IMPRISONMENT IN
the  custody  of  the department [of correctional services], as the case
may be.
  (A) Discretionary release on parole shall not be granted merely  as  a
reward  for  good  conduct  or  efficient  performance  of  duties while
confined but after considering if  there  is  a  reasonable  probability
that,  if  such  inmate  is released, he will live and remain at liberty
without violating the law, and that his release is not incompatible with
the welfare of society and will not so deprecate the seriousness of  his
crime  as  to  undermine  respect  for law. In making the parole release
decision, the guidelines adopted pursuant to subdivision four of section
two hundred fifty-nine-c of this article shall require that the  follow-
ing  be considered: (i) the institutional record including program goals
and accomplishments, academic achievements, vocational education, train-
ing or work assignments, therapy and  interpersonal  relationships  with
staff  and  inmates;  (ii)  performance,  if  any, as a participant in a
temporary release  program;  (iii)  release  plans  including  community
resources,  employment,  education  and  training  and  support services
available to the inmate; (iv) any deportation order issued by the feder-
al government against the inmate while in the custody of the  department
[of  correctional services] and any recommendation regarding deportation
made by the commissioner of the department  [of  correctional  services]
pursuant  to  section one hundred forty-seven of the correction law; (v)
any statement made to the board by the  crime  victim  or  the  victim's
representative,  where  the  crime  victim is deceased or is mentally or
physically incapacitated; [and]  (vi)  the  length  of  the  determinate
sentence  to  which the inmate would be subject had he or she received a
sentence pursuant to section 70.70 or section 70.71 of the penal law for
a felony defined in article two hundred twenty or  article  two  hundred
twenty-one  of  the penal law; (VII) THE SERIOUSNESS OF THE OFFENSE WITH
DUE CONSIDERATION TO THE TYPE OF SENTENCE, LENGTH OF SENTENCE AND RECOM-
MENDATIONS OF THE SENTENCING COURT, THE DISTRICT ATTORNEY, THE  ATTORNEY
FOR  THE  INMATE, THE PRE-SENTENCE PROBATION REPORT AS WELL AS CONSIDER-
ATION OF ANY MITIGATING AND AGGRAVATING FACTORS, AND ACTIVITIES  FOLLOW-
ING  ARREST  PRIOR  TO  CONFINEMENT;  AND  (VIII) PRIOR CRIMINAL RECORD,
INCLUDING THE NATURE AND PATTERN OF OFFENSES, ADJUSTMENT TO ANY PREVIOUS
PROBATION OR PAROLE SUPERVISION AND INSTITUTIONAL CONFINEMENT. The board
shall provide toll free telephone access for crime victims. In the  case
of  an oral statement made in accordance with subdivision one of section
440.50 of the criminal procedure law,  the  parole  board  member  shall
present  a  written report of the statement to the parole board. A crime
victim's representative shall mean the crime victim's closest  surviving
relative,  the committee or guardian of such person, or the legal repre-
sentative of any such person. Such statement submitted by the victim  or
victim's  representative  may include information concerning threatening
or intimidating conduct toward the victim, the victim's  representative,
or the victim's family, made by the person sentenced and occurring after
the  sentencing.  Such  information may include, but need not be limited
to, the threatening or intimidating conduct of any other person  who  or
which   is  directed  by  the  person  sentenced.  [Notwithstanding  the
provisions of this section, in making the parole  release  decision  for

A. 4012--B                         72

persons  whose  minimum period of imprisonment was not fixed pursuant to
the provisions of subdivision one of this section, in  addition  to  the
factors  listed  in  this paragraph the board shall consider the factors
listed in paragraph (a) of subdivision one of this section.]
  (d)  (i) Notwithstanding the provisions of paragraphs (a), (b) and (c)
of this subdivision, after the inmate has served his minimum  period  of
imprisonment  imposed  by  the  court, or at any time after the inmate's
period of imprisonment has commenced for an inmate serving a determinate
or indeterminate term of imprisonment, provided that the inmate has  had
a  final  order  of  deportation issued against him and provided further
that the inmate is not convicted of either an A-I felony  offense  other
than  an  A-I felony offense as defined in article two hundred twenty of
the penal law or a violent felony offense as defined in section 70.02 of
the penal law, if the inmate is subject to  deportation  by  the  United
States Immigration and Naturalization Service, in addition to the crite-
ria  set  forth  in  paragraph  (c)  of  this subdivision, the board may
consider, as a factor warranting earlier release,  the  fact  that  such
inmate  will  be  deported,  and  may grant parole from an indeterminate
sentence or release for deportation from a determinate sentence to  such
inmate conditioned specifically on his prompt deportation. The board may
make  such  conditional  grant  of  early  parole  from an indeterminate
sentence or release for deportation from  a  determinate  sentence  only
where it has received from the United States Immigration and Naturaliza-
tion Service assurance (A) that an order of deportation will be executed
or that proceedings will promptly be commenced for the purpose of depor-
tation  upon release of the inmate from the custody of the department of
correctional services, and (B) that the inmate,  if  granted  parole  or
release for deportation pursuant to this paragraph, will not be released
from  the  custody  of  the United States Immigration and Naturalization
Service, unless such release be  as  a  result  of  deportation  without
providing the board a reasonable opportunity to arrange for execution of
its warrant for the retaking of such person.
  (ii)  An  inmate  who  has  been  granted parole from an indeterminate
sentence or release for deportation from a determinate sentence pursuant
to this paragraph shall be delivered to the custody of the United States
Immigration and Naturalization Service along with  the  board's  warrant
for  his  retaking  to be executed in the event of his release from such
custody other than by deportation. In the event that such person is  not
deported,  the  board  shall  execute  the warrant, effect his return to
IMPRISONMENT IN the custody of the department [of correctional services]
and within sixty days after such return, provided  that  the  person  is
serving an indeterminate sentence and the minimum period of imprisonment
has been served, personally interview him to determine whether he should
be  paroled in accordance with the provisions of paragraphs (a), (b) and
(c) of this subdivision. The return of a person granted parole  from  an
indeterminate  sentence  or  release  for deportation from a determinate
sentence pursuant to this paragraph for  the  reason  set  forth  herein
shall  not  be  deemed  to be a parole delinquency and the interruptions
specified in subdivision three of section 70.40 of the penal  law  shall
not  apply, but the time spent in the custody of the United States Immi-
gration and Naturalization Service shall be credited against the term of
the sentence in accordance with the rules specified in paragraph (c)  of
that  subdivision.    Notwithstanding  any  other  provision of law, any
inmate granted parole from an  indeterminate  sentence  or  release  for
deportation  from  a determinate sentence pursuant to this paragraph who
is subsequently committed to IMPRISONMENT IN the custody of the  depart-

A. 4012--B                         73

ment  [of  correctional  services]  for a felony offense committed after
release pursuant to this paragraph shall  have  his  parole  eligibility
date  on  the  indeterminate sentence for the new felony offense, or his
conditional  release date on the determinate sentence for the new felony
offense, as the case may be, extended by the amount of time between  the
date  on which such inmate was released from IMPRISONMENT IN the custody
of the department [of correctional services] pursuant to this  paragraph
and the date on which such inmate would otherwise have completed service
of the minimum period of imprisonment on the prior felony offense.
  (i)  If  the parole officer having charge of a presumptively released,
paroled or conditionally released person or a person released  to  post-
release  supervision or a person received under the uniform act for out-
of-state parolee supervision shall have reasonable cause to believe that
such person has lapsed into criminal ways or company,  or  has  violated
one  or  more conditions of his presumptive release, parole, conditional
release or post-release supervision, such parole  officer  shall  report
such fact to a member of the board [of parole], or to any officer of the
[division]  DEPARTMENT  designated by the board, and thereupon a warrant
may be issued for the retaking of such  person  and  for  his  temporary
detention  in  accordance  with the rules of the board. The retaking and
detention of any such person may be further regulated by rules and regu-
lations of the [division] DEPARTMENT not inconsistent with this article.
A warrant issued pursuant to this section  shall  constitute  sufficient
authority  to  the superintendent or other person in charge of any jail,
penitentiary, lockup or detention pen to whom it is delivered to hold in
temporary detention the person named  therein;  except  that  a  warrant
issued  with respect to a person who has been released on medical parole
pursuant to section two hundred fifty-nine-r of this article  and  whose
parole is being revoked pursuant to paragraph (h) of subdivision four of
such  section  shall constitute authority for the immediate placement of
the parolee only into IMPRISONMENT IN the custody of the department  [of
correctional  services] to hold in temporary detention. A warrant issued
pursuant to this section shall also constitute sufficient  authority  to
the  person in charge of a drug treatment campus, as defined in subdivi-
sion twenty of section two of the correction law,  to  hold  the  person
named  therein,  in  accordance with the procedural requirements of this
section, for a period of at least ninety days to complete  an  intensive
drug  treatment program mandated by the board [of parole] as an alterna-
tive to presumptive release or parole or conditional release revocation,
or the revocation of post-release supervision, and shall also constitute
sufficient authority for return of the person  named  therein  to  local
custody   to   hold   in  temporary  detention  for  further  revocation
proceedings in the event said person does not successfully complete  the
intensive  drug  treatment  program. The board's rules shall provide for
cancellation of delinquency and  restoration  to  supervision  upon  the
successful completion of the program.
  (iii) Where the alleged violator is detained in another state pursuant
to  such  warrant  and  is  not under parole supervision pursuant to the
uniform act for out-of-state parolee supervision  or  where  an  alleged
violator  under  parole supervision pursuant to the uniform act for out-
of-state parolee supervision is detained  in  a  state  other  than  the
receiving state, the warrant will not be deemed to be executed until the
alleged  violator  is  detained exclusively on the basis of such warrant
and the [division of parole] DEPARTMENT has received  notification  that
the  alleged  violator (A) has formally waived extradition to this state
or (B) has been ordered extradited to this state pursuant to a  judicial

A. 4012--B                         74

determination.  The alleged violator will not be considered to be within
the  convenience  and  practical  control  of  the  [division of parole]
DEPARTMENT until the warrant is deemed to be executed.
  (x)  If  the presiding officer is satisfied that there is a preponder-
ance of evidence that the alleged violator violated one or  more  condi-
tions  of  release in an important respect, he or she shall so find. For
each violation so found, the presiding officer may (A) direct  that  the
presumptive  releasee, parolee, conditional releasee or person serving a
period of post-release supervision be restored to supervision; (B) as an
alternative to reincarceration, direct the presumptive  releasee,  paro-
lee,  conditional  releasee  or  person serving a period of post-release
supervision be placed in a parole transition facility for a  period  not
to  exceed  one hundred eighty days and subsequent restoration to super-
vision; (C) in the case of presumptive  releasees,  parolees  or  condi-
tional  releasees,  direct the violator's reincarceration and fix a date
for consideration by the board for re-release on presumptive release, or
parole or conditional release, as the case may be; or (D) in the case of
persons released to a period of  post-release  supervision,  direct  the
violator's  reincarceration up to the balance of the remaining period of
post-release supervision, not to exceed five years;  provided,  however,
that  a  defendant  serving  a  term  of  post-release supervision for a
conviction of a felony sex offense defined in section 70.80 of the penal
law may be subject to a further period of imprisonment up to the balance
of the remaining period of post-release supervision. [Where a  date  has
been  fixed for the violator's re-release on presumptive release, parole
or conditional release, as the case may be, the board  or  board  member
may  waive  the  personal  interview  between a member or members of the
board and the violator to  determine  the  suitability  for  re-release;
provided,  however, that the board shall retain the authority to suspend
the date fixed for re-release and to require a personal interview  based
on  the  violator's  institutional  record  or on such other basis as is
authorized by the rules and regulations of the board. If an interview is
required, the board shall notify the violator of the time of such inter-
view in accordance with the rules and regulations of the board.  If  the
violator is placed in a parole transition facility or restored to super-
vision,  the  presiding  officer  may  impose  such  other conditions of
presumptive release, parole, conditional release, or post-release super-
vision as he or she may deem appropriate, as authorized by rules of  the
board]  FOR  THE  VIOLATOR  SERVING  AN INDETERMINATE SENTENCE WHO WHILE
RE-INCARCERATED HAS NOT BEEN FOUND BY THE DEPARTMENT TO HAVE COMMITTED A
SERIOUS DISCIPLINARY INFRACTION, SUCH VIOLATOR SHALL BE  RE-RELEASED  ON
THE  DATE  FIXED  AT THE REVOCATION HEARING. FOR THE VIOLATOR SERVING AN
INDETERMINATE SENTENCE WHO HAS BEEN FOUND  BY  THE  DEPARTMENT  TO  HAVE
COMMITTED  A  SERIOUS DISCIPLINARY INFRACTION WHILE RE-INCARCERATED, THE
DEPARTMENT SHALL REFER THE VIOLATOR TO THE BOARD FOR  CONSIDERATION  FOR
RE-RELEASE  TO  COMMUNITY  SUPERVISION. UPON SUCH REFERRAL THE BOARD MAY
WAIVE THE PERSONAL INTERVIEW BETWEEN A MEMBER OR MEMBERS  OF  THE  BOARD
AND  THE  VIOLATOR  TO DETERMINE THE SUITABILITY FOR RE-RELEASE WHEN THE
BOARD DIRECTS THAT THE VIOLATOR BE RE-RELEASED UPON  EXPIRATION  OF  THE
TIME  ASSESSMENT.  THE  BOARD  SHALL RETAIN THE AUTHORITY TO SUSPEND THE
DATE FIXED FOR RE-RELEASE BASED ON THE VIOLATOR'S COMMISSION OF A  SERI-
OUS  DISCIPLINARY  INFRACTION  AND SHALL IN SUCH CASE REQUIRE A PERSONAL
INTERVIEW BE CONDUCTED WITHIN A  REASONABLE  TIME  BETWEEN  A  PANEL  OF
MEMBERS  OF  THE  BOARD  AND  THE  VIOLATOR TO DETERMINE SUITABILITY FOR
RE-RELEASE. IF AN INTERVIEW IS REQUIRED,  THE  BOARD  SHALL  NOTIFY  THE

A. 4012--B                         75

VIOLATOR IN ADVANCE OF THE DATE AND TIME OF SUCH INTERVIEW IN ACCORDANCE
WITH THE RULES AND REGULATIONS OF THE BOARD.
  (i)  Where  there  is  reasonable  cause to believe that a presumptive
releasee, parolee, conditional releasee  or  person  under  post-release
supervision  has  absconded  from supervision the board may declare such
person to be delinquent. This paragraph shall not be construed  to  deny
such  person  a preliminary revocation hearing upon his retaking, nor to
relieve the [division of parole] DEPARTMENT of  any  obligation  it  may
have  to  exercise due diligence to retake the alleged absconder, nor to
relieve the parolee or releasee of any obligation he may have to  comply
with the conditions of his release.
  S 38-f-2. Paragraph (a) of subdivision 2 of section 259-i of the exec-
utive  law, as amended by chapter 396 of the laws of 1987, is amended to
read as follows:
  (a) At least one month prior to the expiration of the  minimum  period
or  periods  of  imprisonment  fixed  by the court or board, a member or
members as determined by the rules of the board shall personally  inter-
view  an  inmate serving an indeterminate sentence and determine whether
he should be paroled at the expiration of the minimum period or  periods
in  accordance  with the guidelines adopted pursuant to subdivision four
of section two hundred fifty-nine-c. If parole is not granted upon  such
review, the inmate shall be informed in writing within two weeks of such
appearance  of  the  factors and reasons for such denial of parole. Such
reasons shall be given in detail and not in  conclusory  terms  AND  THE
BOARD  SHALL  EXPLAIN  IN  WRITING  HOW THE GUIDELINES WERE SPECIFICALLY
APPLIED TO THE INMATE.  The board shall specify a  date  not  more  than
twenty-four  months from such determination for reconsideration, and the
procedures to be followed upon reconsideration shall be the same. If the
inmate is released, he shall be  given  a  copy  of  the  conditions  of
parole.  Such  conditions shall where appropriate, include a requirement
that the  parolee  comply  with  any  restitution  order  and  mandatory
surcharge  previously  imposed by a court of competent jurisdiction that
applies to the parolee. The [board of parole] CONDITIONS shall  indicate
which  restitution collection agency established under subdivision eight
of section 420.10 of the criminal procedure law,  shall  be  responsible
for collection of restitution and mandatory surcharge as provided for in
section  60.35 of the penal law and section eighteen hundred nine of the
vehicle and traffic law.
  S 38-g. Section 259-j of the executive law, as separately  amended  by
section  10  of part F and section 1 of part N of chapter 62 of the laws
of 2003, the section heading, subdivisions 1, 3  and  4  as  amended  by
section  13  of  part AAA of chapter 56 of the laws of 2009, subdivision
3-a as amended by chapter 486 of the laws of 2008 and subdivision  6  as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  S 259-j. [Merit termination of sentence and discharge from presumptive
release,  parole, conditional release and release to post-release super-
vision. 1. The division of parole may grant to any person a merit termi-
nation of sentence from presumptive release, parole, conditional release
or release to post-release supervision prior to the  expiration  of  the
full  term or maximum term, provided it is determined by the division of
parole that such merit termination is in the best interests of  society,
such  person  is  not required to register as a sex offender pursuant to
article six-C of the correction law, and such person is not on  presump-
tive  release,  parole,  conditional  release or release to post-release
supervision from a term of imprisonment imposed for any of the following
offenses, or for an attempt to commit any of the following offenses:

A. 4012--B                         76

  (a) a violent felony offense as defined in section 70.02 of the  penal
law;
  (b) murder in the first degree or murder in the second degree;
  (c) an offense defined in article one hundred thirty of the penal law;
  (d) unlawful imprisonment in the first degree, kidnapping in the first
degree,  or kidnapping in the second degree, in which the victim is less
than seventeen years old and the offender  is  not  the  parent  of  the
victim;
  (e)  an offense defined in article two hundred thirty of the penal law
involving the prostitution of a person less than nineteen years old;
  (f) disseminating indecent material to minors in the first  degree  or
disseminating indecent material to minors in the second degree;
  (g) incest;
  (h) an offense defined in article two hundred sixty-three of the penal
law;
  (i) a hate crime as defined in section 485.05 of the penal law; or
  (j)  an  offense  defined  in article four hundred ninety of the penal
law.
  2. A merit termination granted by the division of  parole  under  this
section  shall  constitute a termination of the sentence with respect to
which it was granted. No such merit termination shall be granted  unless
the  division  of  parole is satisfied that termination of sentence from
presumptive release, parole or from conditional release is in  the  best
interest  of society, and that the parolee or releasee, otherwise finan-
cially able to comply with an order of restitution and  the  payment  of
any  mandatory  surcharge  previously  imposed  by  a court of competent
jurisdiction, has made a good faith effort to comply therewith.
  3. A merit termination of sentence may be granted after two  years  of
presumptive  release, parole, conditional release or release to post-re-
lease supervision to a person serving a sentence for a  class  A  felony
offense  as  defined  in  article two hundred twenty of the penal law. A
merit termination of sentence may  be  granted  to  all  other  eligible
persons  after  one  year  of  presumptive  release, parole, conditional
release or release to post-release supervision.
  3-a. The division of parole must grant termination of  sentence  after
three years of unrevoked presumptive release or parole to a person serv-
ing  an  indeterminate  sentence for a class A felony offense defined in
article two hundred twenty of the penal law, and must grant  termination
of  sentence  after two years of unrevoked presumptive release or parole
to a person serving an  indeterminate  sentence  for  any  other  felony
offense  defined in article two hundred twenty or two hundred twenty-one
of the penal law.
  4] DISCHARGE OF SENTENCE.  1. Except where a determinate sentence  was
imposed  for a felony other than a felony defined in article two hundred
twenty or article two hundred twenty-one of the penal law, if the  board
of  parole  is  satisfied  that  an  absolute discharge from presumptive
release, parole, conditional release or release to a period of  post-re-
lease  supervision  is  in  the best interests of society, the board may
grant such a discharge prior to the expiration of the full term or maxi-
mum term to any person who has been on unrevoked  [presumptive  release,
parole, conditional release or release to post-release] COMMUNITY super-
vision  for  at least three consecutive years. A discharge granted under
this section shall constitute a termination of the sentence with respect
to which it was granted. No such discharge shall be granted  unless  the
board  [of  parole] is satisfied that the parolee or releasee, otherwise
financially able to comply with an order of restitution and the  payment

A. 4012--B                         77

of  any  mandatory surcharge, sex offender registration fee or DNA data-
bank fee previously imposed by a court of  competent  jurisdiction,  has
made a good faith effort to comply therewith.
  [5]  2. The chairman of the board of parole shall promulgate rules and
regulations governing the issuance of [merit  terminations  of  sentence
and]  discharges  from  [presumptive  release,  parole  and  conditional
release] COMMUNITY SUPERVISION to assure that  such  [terminations  and]
discharges are consistent with public safety.
  [6. Notwithstanding any other provision of this section to the contra-
ry, where a term of post-release supervision in excess of five years has
been  imposed  on  a  person convicted of a crime defined in article one
hundred thirty of the penal law, including a sexually motivated  felony,
the  division  of  parole may grant a discharge from post-release super-
vision prior to the expiration  of  the  maximum  term  of  post-release
supervision.  Such  a discharge may be granted only after the person has
served at least five years of post-release supervision, and  only  to  a
person  who  has been on unrevoked post-release supervision for at least
three consecutive years. No such discharge shall be granted  unless  the
division  of parole: (a) consults with any licensed psychologist, quali-
fied psychiatrist, or other mental health professional who is  providing
care  or  treatment  to  the supervisee; (b) determines that a discharge
from post-release supervision is in the best interests of  society;  and
(c)  is  satisfied  that  the  supervisee, otherwise financially able to
comply with an order of restitution and the  payment  of  any  mandatory
surcharge, sex offender registration fee, or DNA data bank fee previous-
ly  imposed  by a court of competent jurisdiction, has made a good faith
effort to comply therewith. Before making a determination to discharge a
person from a period of post-release supervision, the division of parole
may request that the commissioner of the office of mental health arrange
a psychiatric evaluation of the supervisee. A  discharge  granted  under
this section shall constitute a termination of the sentence with respect
to which it was granted.]
  S 38-h. Section 259-jj of the executive law is REPEALED.
  S 38-i. Section 259-k of the executive law, as added by chapter 904 of
the laws of 1977, subdivision 3 as amended by chapter 230 of the laws of
1986,  and subdivision 4 as added by chapter 707 of the laws of 1992, is
amended to read as follows:
  S 259-k. Access to records and institutions. 1. All case  files  shall
be  maintained  by  the  [division  of parole] DEPARTMENT for use by the
[division] DEPARTMENT and board [of parole].  The [division]  DEPARTMENT
and  board  [of  parole]  and  authorized officers and employees thereof
shall have complete access to such files and  the  right  to  make  such
entries  as  the  division  or board of parole shall deem appropriate in
accordance with law.
  2. The board shall make rules  for  the  purpose  of  maintaining  the
confidentiality  of  records, information contained therein and informa-
tion obtained in an official capacity by officers, employees or  members
of the [division or] board of parole.
  3.  Members  of the board and officers and employees of the [division]
DEPARTMENT PROVIDING COMMUNITY SUPERVISION SERVICES  AND  designated  by
the  [chairman]  COMMISSIONER  shall  have  free  access  to all inmates
confined in institutions under the jurisdiction of  the  department  [of
correctional  services],  THE OFFICE OF CHILDREN AND FAMILY SERVICES and
the department of mental hygiene in order  to  enable  them  to  perform
their  functions,  provided,  however,  that  the  department  of mental
hygiene may temporarily restrict such access where  it  determines,  for

A. 4012--B                         78

significant  clinical reasons, that such access would interfere with its
care and treatment of the mentally ill inmate. If under  the  provisions
of  this  subdivision  an inmate is not accessible for release consider-
ation  by  the board, that inmate shall be scheduled to see the board in
the month immediately subsequent to the month within which  he  was  not
available.
  4.  Upon  a  determination  by  the [division] DEPARTMENT and board of
parole that [its] records regarding an individual  presently  under  the
supervision  of  the  [division and board] DEPARTMENT are relevant to an
investigation of child  abuse  or  maltreatment  conducted  by  a  child
protective  service  pursuant  to title six of article six of the social
services law, the [division] DEPARTMENT  and  board  shall  provide  the
records  determined  to  be  relevant  to  the  child protective service
conducting the investigation. The [division] DEPARTMENT, and board shall
promulgate rules for the transmission of records required to be provided
under this section.
  S 38-j. Section 259-l of the executive law, as added by chapter 904 of
the laws of 1977, is amended to read as follows:
  S 259-l. Cooperation. 1. It shall be the duty of the commissioner  [of
correctional  services] to insure that all officers and employees of the
department [of correctional services] shall at all times cooperate  with
the  [division]  BOARD  of  parole and shall furnish to such [division,]
members of the board [of parole]  and  officers  and  employees  of  the
[division]  BOARD such information as may be necessary to enable them to
perform their functions.
  2. The official in charge of each institution wherein  any  person  is
confined  under  a  definite  sentence of imprisonment, all officers and
employees thereof and all other public  officials  shall  at  all  times
cooperate with the board of parole, and shall furnish to such board, its
officers  and employees such information as may be required by the board
to perform its functions hereunder.  The members of the board, its offi-
cers and employees shall at all  times  be  given  free  access  to  all
persons  confined  in any such institution under such sentence and shall
be furnished with appropriate working space in such institution for such
purpose without charge therefor.
  3. It shall be the duty of the clerk of the court, the commissioner of
mental hygiene and all probation officers and  other  appropriate  offi-
cials  to  send  such information as may be in their possession or under
their control to the chairman of the board [of parole] upon  request  in
order to facilitate the work of the board.
  S 38-k. Sections 259-p and 259-q of the executive law are REPEALED.
  S  38-l. Section 259-r of the executive law, as added by chapter 55 of
the laws of 1992, the section heading as amended by section 1, paragraph
(b) of subdivision 1 as amended by section 3, subdivision 2  as  amended
by  section  4,  and  subdivision 4 as amended by section 5 of part J of
chapter 56 of the laws of  2009,  paragraph  (a)  of  subdivision  1  as
amended by section 3 of chapter 495 of the laws of 2009, and subdivision
3  as  amended by chapter 503 of the laws of 1994, is amended to read as
follows:
  S 259-r. Release on medical parole for terminally ill inmates. 1.  (a)
The board shall have the power to release on medical parole  any  inmate
serving  an  indeterminate  or determinate sentence of imprisonment who,
pursuant to subdivision two of this section, has been  certified  to  be
suffering  from  a  terminal condition, disease or syndrome and to be so
debilitated or incapacitated as to create a reasonable probability  that
he  or  she  is  physically  or  cognitively incapable of presenting any

A. 4012--B                         79

danger to society, provided, however, that no inmate serving a  sentence
imposed  upon  a conviction for murder in the first degree or an attempt
or conspiracy to commit murder in the first degree shall be eligible for
such  release,  and  provided  further that no inmate serving a sentence
imposed upon a conviction for any of the  following  offenses  shall  be
eligible  for  such  release  unless  in  the  case  of an indeterminate
sentence he or she has served at least one-half of the minimum period of
the sentence and in the case of a determinate sentence  he  or  she  has
served at least one-half of the term of his or her determinate sentence:
murder  in  the  second  degree,  manslaughter  in the first degree, any
offense defined in article one hundred thirty of the  penal  law  or  an
attempt  to  commit  any  of  these  offenses. Solely for the purpose of
determining medical parole eligibility pursuant to  this  section,  such
one-half  of  the  minimum period of the indeterminate sentence and one-
half of the term of the determinate sentence shall not be credited  with
any  time  served  under  the jurisdiction of the [state] department [of
correctional services] prior to the commencement of such sentence pursu-
ant to the opening paragraph of subdivision one of section 70.30 of  the
penal law or subdivision two-a of section 70.30 of the penal law, except
to  the  extent  authorized by subdivision three of section 70.30 of the
penal law.
  (b) Such release shall be  granted  only  after  the  board  considers
whether,  in light of the inmate's medical condition, there is a reason-
able probability that the inmate, if released, will live and  remain  at
liberty  without  violating the law, and that such release is not incom-
patible with the welfare of society and will not so deprecate the  seri-
ousness  of  the crime as to undermine respect for the law, and shall be
subject to the limits and conditions specified in  subdivision  four  of
this  section. Except as set forth in paragraph (a) of this subdivision,
such release may be granted at any time during the term of  an  inmate's
sentence, notwithstanding any other provision of law.
  (c)  The  board  shall  afford  notice  to  the  sentencing court, the
district attorney and the attorney for the inmate  that  the  inmate  is
being  considered  for  release pursuant to this section and the parties
receiving notice shall have fifteen days to comment on  the  release  of
the  inmate.  Release  on  medical parole shall not be granted until the
expiration of the comment period provided for in this paragraph.
  2. (a) The commissioner [of correctional services], on the commission-
er's own initiative or at the request  of  an  inmate,  or  an  inmate's
spouse, relative or attorney, may, in the exercise of the commissioner's
discretion,  direct  that  an  investigation  be undertaken to determine
whether a diagnosis should be made  of  an  inmate  who  appears  to  be
suffering  from  a  terminal  condition,  disease  or syndrome. Any such
medical diagnosis shall be made by  a  physician  licensed  to  practice
medicine  in  this  state pursuant to section sixty-five hundred twenty-
four of the education law. Such physician shall either  be  employed  by
the  department  [of  correctional  services], shall render professional
services at the request of the department [of correctional services], or
shall be employed by a hospital or medical facility used by the  depart-
ment  [of  correctional  services] for the medical treatment of inmates.
The diagnosis shall be reported to  the  commissioner  [of  correctional
services] and shall include but shall not be limited to a description of
the  terminal  condition,  disease or syndrome suffered by the inmate, a
prognosis concerning the likelihood that the  inmate  will  not  recover
from  such terminal condition, disease or syndrome, a description of the
inmate's physical or cognitive incapacity which shall include a  predic-

A. 4012--B                         80

tion  respecting  the likely duration of the incapacity, and a statement
by the physician of whether the inmate is so  debilitated  or  incapaci-
tated  as  to be severely restricted in his or her ability to self-ambu-
late  or  to perform significant normal activities of daily living. This
report also shall include a recommendation of  the  type  and  level  of
services  and  treatment  the  inmate  would  require if granted medical
parole and a recommendation for the  types  of  settings  in  which  the
services and treatment should be given.
  (b) The commissioner, or the commissioner's designee, shall review the
diagnosis  and may certify that the inmate is suffering from such termi-
nal condition, disease or syndrome and that the inmate is so debilitated
or incapacitated as to create a reasonable probability that he or she is
physically or cognitively incapable of presenting any danger to society.
If the commissioner does not so certify then the  inmate  shall  not  be
referred  to  the  board  [of  parole]  for consideration for release on
medical parole. If the commissioner does so certify,  then  the  commis-
sioner  shall,  within  seven working days of receipt of such diagnosis,
refer the inmate to the board [of parole] for consideration for  release
on  medical  parole. However, no such referral of an inmate to the board
[of parole] shall be made unless the  inmate  has  been  examined  by  a
physician  and  diagnosed  as  having  a  terminal condition, disease or
syndrome as previously described herein at some time subsequent to  such
inmate's  admission  to a facility operated by the department of correc-
tional services.
  (c) When the commissioner refers an inmate to the board,  the  commis-
sioner  shall  provide  an  appropriate medical discharge plan [jointly]
established by the department [of correctional services and the division
of parole]. The department [of correctional services and the division of
parole are] IS authorized to request assistance from the  department  of
health and from the county in which the inmate resided and committed his
or  her crime, which shall provide assistance with respect to the devel-
opment and implementation  of  a  discharge  plan,  including  potential
placements  of a releasee. The department [of correctional services, the
division of parole] and the department of health shall  jointly  develop
standards  for the medical discharge plan that are appropriately adapted
to the criminal justice setting, based on standards established  by  the
department  of health for hospital medical discharge planning. The board
may postpone its decision pending completion of  an  adequate  discharge
plan, or may deny release based on inadequacy of the discharge plan.
  3.  Any certification by the commissioner or the commissioner's desig-
nee pursuant to this section shall be deemed  a  judicial  function  and
shall not be reviewable if done in accordance with law.
  4.  (a) Medical parole granted pursuant to this section shall be for a
period of six months.
  (b) The board shall require as  a  condition  of  release  on  medical
parole  that  the releasee agree to remain under the care of a physician
while on medical parole and in a hospital established pursuant to  arti-
cle  twenty-eight of the public health law, a hospice established pursu-
ant to article forty of the public health law  or  any  other  placement
that  can  provide  appropriate medical care as specified in the medical
discharge plan required by subdivision two of this section. The  medical
discharge  plan  shall  state that the availability of the placement has
been confirmed, and by whom. Notwithstanding any other provision of law,
when an inmate who qualifies for release under this  section  is  cogni-
tively  incapable  of  signing the requisite documentation to effectuate
the medical discharge plan and, after a diligent search  no  person  has

A. 4012--B                         81

been identified who could otherwise be appointed as the inmate's guardi-
an by a court of competent jurisdiction, then, solely for the purpose of
implementing  the  medical  discharge plan, the facility health services
director  at  the  facility  where  the inmate is currently incarcerated
shall be lawfully empowered to act as  the  inmate's  guardian  for  the
purpose of effectuating the medical discharge.
  (c)  Where  appropriate,  the  board  shall  require as a condition of
release that medical parolees be supervised on  intensive  caseloads  at
reduced supervision ratios.
  (d)  The  board  shall  require  as  a condition of release on medical
parole that the releasee undergo periodic  medical  examinations  and  a
medical  examination  at  least one month prior to the expiration of the
period of medical parole and, for the  purposes  of  making  a  decision
pursuant to paragraph (e) of this subdivision, that the releasee provide
the  board  with  a  report,  prepared by the treating physician, of the
results of such examination. Such report shall specifically state wheth-
er or not the parolee continues to suffer  from  a  terminal  condition,
disease, or syndrome, and to be so debilitated or incapacitated as to be
severely restricted in his or her ability to self-ambulate or to perform
significant normal activities of daily living.
  (e)  Prior to the expiration of the period of medical parole the board
shall review the medical examination report required by paragraph (d) of
this subdivision and may again grant medical  parole  pursuant  to  this
section;  provided,  however,  that  the  provisions of paragraph (c) of
subdivision one and subdivision two of this section shall not apply.
  (f) If the updated medical report presented to the board states that a
parolee released pursuant to this section is no longer so debilitated or
incapacitated as to create a reasonable probability that he  or  she  is
physically  or cognitively incapable of presenting any danger to society
or if the releasee fails to submit the updated medical report  then  the
board  may  not make a new grant of medical parole pursuant to paragraph
(e) of this subdivision. Where the board has not granted medical  parole
pursuant  to such paragraph (e) the board shall promptly conduct through
one of its members, or cause to be conducted by a hearing officer desig-
nated by the board, a hearing  to  determine  whether  the  releasee  is
suffering  from  a  terminal  condition,  disease  or syndrome and is so
debilitated or incapacitated as to create a reasonable probability  that
he  or  she  is  physically  or  cognitively incapable of presenting any
danger to society and does not present a danger to society. If the board
makes such a determination then it may  make  a  new  grant  of  medical
parole  pursuant to the standards of paragraph (b) of subdivision one of
this section. At the hearing, the  releasee  shall  have  the  right  to
representation  by  counsel,  including  the  right,  if the releasee is
financially unable to retain counsel,  to  have  the  appropriate  court
assign  counsel in accordance with the county or city plan for represen-
tation placed in operation pursuant to article eighteen-B of the  county
law.
  (g)  The  hearing  and  determination provided for by paragraph (f) of
this subdivision shall be concluded  within  the  six  month  period  of
medical parole. If the board does not renew the grant of medical parole,
it  shall order that the releasee be returned immediately to the custody
of the department [of correctional services].
  (h) In addition to the procedures set forth in paragraph (f)  of  this
subdivision,  medical  parole may be revoked at any time upon any of the
grounds specified in paragraph (a) of subdivision three of  section  two
hundred  fifty-nine-i of this article, and in accordance with the proce-

A. 4012--B                         82

dures specified in subdivision three of section two hundred fifty-nine-i
of this article.
  (i)  A  releasee who is on medical parole and who becomes eligible for
parole pursuant to the provisions of  subdivision  two  of  section  two
hundred  fifty-nine-i  of  this  article  shall  be  eligible for parole
consideration pursuant to such subdivision.
  5. A denial of release on medical  parole  or  expiration  of  medical
parole in accordance with the provisions of paragraph (f) of subdivision
four  of  this section shall not preclude the inmate from reapplying for
medical parole or otherwise affect an inmate's eligibility for any other
form of release provided for by law.
  6. To the extent that any provision of this section  requires  disclo-
sure of medical information for the purpose of processing an application
or  making a decision, regarding release on medical parole or renewal of
medical parole, or for the purpose of appropriately supervising a person
released on medical parole, and that such disclosure would otherwise  be
prohibited  by  article  twenty-seven-F  of  the  public health law, the
provisions of this section shall be controlling.
  7. The commissioner [of correctional services] and the chairman of the
board [of parole] shall be authorized  to  promulgate  rules  and  regu-
lations  for  their  respective  agencies to implement the provisions of
this section.
  8. Any decision made by the board pursuant  to  this  section  may  be
appealed   pursuant   to   subdivision   four  of  section  two  hundred
fifty-nine-i of this article.
  9. The chairman shall report annually to the governor,  the  temporary
president  of  the  senate  and  the speaker of the assembly, the chair-
persons of the assembly and senate codes committees, the chairperson  of
the  senate  crime and corrections committee, and the chairperson of the
assembly corrections committee the number of inmates  who  have  applied
for medical parole; the number who have been granted medical parole; the
nature of the illness of the applicants, the counties to which they have
been  released  and  the nature of the placement pursuant to the medical
discharge plan; the categories of reasons for denial for those who  have
been denied; the number of releasees who have been granted an additional
period  or  periods of medical parole and the number of such grants; the
number of releasees on medical parole who have been returned  to  IMPRI-
SONMENT  IN the custody of the department [of correctional services] and
the reasons for return.
  S 38-l-l. Paragraph (a) of subdivision 1 of section 259-r of the exec-
utive law, as amended by section 4 of chapter 495 of the laws  of  2009,
is amended to read as follows:
  (a)  The  board  shall have the power to release on medical parole any
inmate serving an indeterminate or determinate sentence of  imprisonment
who,  pursuant to subdivision two of this section, has been certified to
be suffering from a terminal condition, disease or syndrome and to be so
debilitated or incapacitated as to create a reasonable probability  that
he  or  she  is  physically  or  cognitively incapable of presenting any
danger to society, provided, however, that no inmate serving a  sentence
imposed  upon  a conviction for murder in the first degree or an attempt
or conspiracy to commit murder in the first degree shall be eligible for
such release, and provided further that no  inmate  serving  a  sentence
imposed  upon  a  conviction  for any of the following offenses shall be
eligible for such  release  unless  in  the  case  of  an  indeterminate
sentence he or she has served at least one-half of the minimum period of
the  sentence  and  in  the case of a determinate sentence he or she has

A. 4012--B                         83

served at least one-half of the term of his or her determinate sentence:
murder in the second degree,  manslaughter  in  the  first  degree,  any
offense  defined  in  article  one hundred thirty of the penal law or an
attempt  to  commit  any  of  these  offenses. Solely for the purpose of
determining medical parole eligibility pursuant to  this  section,  such
one-half  of  the  minimum period of the indeterminate sentence and one-
half of the term of the determinate sentence shall not be credited  with
any  time  served  under  the jurisdiction of the [state] department [of
correctional services] prior to the commencement of such sentence pursu-
ant to the opening paragraph of subdivision one of section 70.30 of  the
penal law or subdivision two-a of section 70.30 of the penal law, except
to  the  extent  authorized by subdivision three of section 70.30 of the
penal law.
  S 38-m. Section 259-s of the executive law, as added by section  6  of
part J of chapter 56 of the laws of 2009, paragraph (a) of subdivision 1
as  amended  by  chapter  495 of the laws of 2009, is amended to read as
follows:
  S 259-s. Release on medical parole for inmates  suffering  significant
debilitating illnesses. 1. (a) The board shall have the power to release
on  medical  parole  any  inmate serving an indeterminate or determinate
sentence of imprisonment  who,  pursuant  to  subdivision  two  of  this
section,  has  been  certified  to  be  suffering from a significant and
permanent non-terminal condition, disease or syndrome that has  rendered
the  inmate so physically or cognitively debilitated or incapacitated as
to create a reasonable probability that he or she does not  present  any
danger  to society, provided, however, that no inmate serving a sentence
imposed upon a conviction for murder in the first degree or  an  attempt
or conspiracy to commit murder in the first degree shall be eligible for
such  release,  and  provided  further that no inmate serving a sentence
imposed upon a conviction for any of the  following  offenses  shall  be
eligible  for  such  release  unless  in  the  case  of an indeterminate
sentence he or she has served at least one-half of the minimum period of
the sentence and in the case of a determinate sentence  he  or  she  has
served at least one-half of the term of his or her determinate sentence:
murder  in  the  second  degree,  manslaughter  in the first degree, any
offense defined in article one hundred thirty of the  penal  law  or  an
attempt  to  commit  any  of  these  offenses. Solely for the purpose of
determining medical parole eligibility pursuant to  this  section,  such
one-half  of  the  minimum period of the indeterminate sentence and one-
half of the term of the determinate sentence shall not be credited  with
any  time  served  under  the jurisdiction of the [state] department [of
correctional services] prior to the commencement of such sentence pursu-
ant to the opening paragraph of subdivision one of section 70.30 of  the
penal law or subdivision two-a of section 70.30 of the penal law, except
to  the  extent  authorized by subdivision three of section 70.30 of the
penal law.
  (b) Such release shall be  granted  only  after  the  board  considers
whether,  in light of the inmate's medical condition, there is a reason-
able probability that the inmate, if released, will live and  remain  at
liberty  without  violating the law, and that such release is not incom-
patible with the welfare of society and will not so deprecate the  seri-
ousness  of  the crime as to undermine respect for the law, and shall be
subject to the limits and conditions specified in  subdivision  four  of
this  section.  In  making this determination, the board shall consider:
(i) the nature and seriousness of the inmate's crime; (ii) the  inmate's
prior  criminal  record; (iii) the inmate's disciplinary, behavioral and

A. 4012--B                         84

rehabilitative record during the term of his or her incarceration;  (iv)
the  amount  of  time the inmate must serve before becoming eligible for
release pursuant to section two hundred fifty-nine-i  of  this  article;
(v)  the current age of the inmate and his or her age at the time of the
crime; (vi) the recommendations of the sentencing  court,  the  district
attorney and the victim or the victim's representative; (vii) the nature
of the inmate's medical condition, disease or syndrome and the extent of
medical  treatment  or  care that the inmate will require as a result of
that condition, disease or  syndrome;  and  (viii)  any  other  relevant
factor.  Except  as set forth in paragraph (a) of this subdivision, such
release may be granted at any  time  during  the  term  of  an  inmate's
sentence, notwithstanding any other provision of law.
  (c)  The  board  shall  afford  notice  to  the  sentencing court, the
district attorney, the attorney for  the  inmate  and,  where  necessary
pursuant  to subdivision two of section two hundred fifty-nine-i of this
article, the crime victim, that  the  inmate  is  being  considered  for
release  pursuant to this section and the parties receiving notice shall
have thirty days to comment on the release of  the  inmate.  Release  on
medical  parole shall not be granted until the expiration of the comment
period provided for in this paragraph.
  2. (a) The commissioner [of correctional services], on the commission-
er's own initiative or at the request  of  an  inmate,  or  an  inmate's
spouse, relative or attorney, may, in the exercise of the commissioner's
discretion,  direct  that  an  investigation  be undertaken to determine
whether a diagnosis should be made  of  an  inmate  who  appears  to  be
suffering from a significant and permanent non-terminal and incapacitat-
ing  condition, disease or syndrome. Any such medical diagnosis shall be
made by a physician licensed to practice medicine in this state pursuant
to section sixty-five hundred twenty-four of  the  education  law.  Such
physician  shall  either  be employed by the department [of correctional
services], shall render professional services  at  the  request  of  the
department  [of correctional services], or shall be employed by a hospi-
tal  or  medical  facility  used  by  the  department  [of  correctional
services]  for  the medical treatment of inmates. The diagnosis shall be
reported to  the  commissioner  [of  correctional  services]  and  shall
include  but  shall  not  be  limited to a description of the condition,
disease or syndrome suffered by the inmate, a prognosis  concerning  the
likelihood that the inmate will not recover from such condition, disease
or  syndrome,  a description of the inmate's physical or cognitive inca-
pacity which shall include a prediction respecting the  likely  duration
of  the  incapacity,  and  a  statement  by the physician of whether the
inmate is so debilitated or incapacitated as to be  severely  restricted
in  his or her ability to self-ambulate or to perform significant normal
activities of daily living. This report also shall include a recommenda-
tion of the type and level of services and treatment  the  inmate  would
require  if granted medical parole and a recommendation for the types of
settings in which the services and treatment should be given.
  (b) The commissioner, or the commissioner's designee, shall review the
diagnosis and may certify that the inmate is suffering from such  condi-
tion, disease or syndrome and that the inmate is so debilitated or inca-
pacitated  as to create a reasonable probability that he or she is phys-
ically or cognitively incapable of presenting any danger to society.  If
the commissioner does not so  certify  then  the  inmate  shall  not  be
referred  to  the  board  [of  parole]  for consideration for release on
medical parole. If the commissioner does so certify,  then  the  commis-
sioner  shall,  within  seven working days of receipt of such diagnosis,

A. 4012--B                         85

refer the inmate to the board [of parole] for consideration for  release
on  medical  parole. However, no such referral of an inmate to the board
of parole shall be made unless the inmate has been examined by a  physi-
cian  and diagnosed as having a condition, disease or syndrome as previ-
ously described herein at some time subsequent to such  inmate's  admis-
sion   to  a  facility  operated  by  the  department  [of  correctional
services].
  (c) When the commissioner refers an inmate to the board,  the  commis-
sioner  shall  provide  an  appropriate medical discharge plan [jointly]
established by the department [of correctional services and the division
of parole]. The department [of correctional services and the division of
parole are] IS authorized to request assistance from the  department  of
health and from the county in which the inmate resided and committed his
or  her crime, which shall provide assistance with respect to the devel-
opment and implementation  of  a  discharge  plan,  including  potential
placements  of a releasee. The department [of correctional services, the
division of parole] and the department of health shall  jointly  develop
standards  for the medical discharge plan that are appropriately adapted
to the criminal justice setting, based on standards established  by  the
department  of health for hospital medical discharge planning. The board
may postpone its decision pending completion of  an  adequate  discharge
plan, or may deny release based on inadequacy of the discharge plan.
  3.  Any certification by the commissioner or the commissioner's desig-
nee pursuant to this section shall be deemed  a  judicial  function  and
shall not be reviewable if done in accordance with law.
  4.  (a) Medical parole granted pursuant to this section shall be for a
period of six months.
  (b) The board shall require as  a  condition  of  release  on  medical
parole  that  the releasee agree to remain under the care of a physician
while on medical parole and in a hospital established pursuant to  arti-
cle  twenty-eight of the public health law, a hospice established pursu-
ant to article forty of the public health law or  any  other  placement,
including  a residence with family or others, that can provide appropri-
ate medical care as specified in the medical discharge plan required  by
subdivision  two of this section. The medical discharge plan shall state
that the availability of the placement has been confirmed, and by  whom.
Notwithstanding any other provision of law, when an inmate who qualifies
for  release  under this section is cognitively incapable of signing the
requisite documentation to effectuate the medical  discharge  plan  and,
after  a  diligent search no person has been identified who could other-
wise be appointed as the inmate's  guardian  by  a  court  of  competent
jurisdiction,  then,  solely for the purpose of implementing the medical
discharge plan, the facility health services director  at  the  facility
where  the  inmate is currently incarcerated shall be lawfully empowered
to act as the inmate's guardian for  the  purpose  of  effectuating  the
medical discharge.
  (c)  Where  appropriate,  the  board  shall  require as a condition of
release that medical parolees be supervised on  intensive  caseloads  at
reduced supervision ratios.
  (d)  The  board  shall  require  as  a condition of release on medical
parole that the releasee undergo periodic  medical  examinations  and  a
medical  examination  at  least one month prior to the expiration of the
period of medical parole and, for the  purposes  of  making  a  decision
pursuant to paragraph (e) of this subdivision, that the releasee provide
the  board  with  a  report,  prepared by the treating physician, of the
results of such examination. Such report shall specifically state wheth-

A. 4012--B                         86

er or not the parolee continues to suffer from a significant and  perma-
nent  non-terminal and debilitating condition, disease, or syndrome, and
to be so debilitated or incapacitated as to be  severely  restricted  in
his  or  her  ability  to self-ambulate or to perform significant normal
activities of daily living.
  (e) Prior to the expiration of the period of medical parole the  board
shall review the medical examination report required by paragraph (d) of
this  subdivision  and  may  again grant medical parole pursuant to this
section; provided, however, that the  provisions  of  paragraph  (c)  of
subdivision one and subdivision two of this section shall not apply.
  (f) If the updated medical report presented to the board states that a
parolee released pursuant to this section is no longer so debilitated or
incapacitated  as  to  create a reasonable probability that he or she is
physically or cognitively incapable of presenting any danger to  society
or  if  the releasee fails to submit the updated medical report then the
board may not make a new grant of medical parole pursuant  to  paragraph
(e)  of this subdivision. Where the board has not granted medical parole
pursuant to such paragraph (e) the board shall promptly conduct  through
one of its members, or cause to be conducted by a hearing officer desig-
nated  by  the  board,  a  hearing  to determine whether the releasee is
suffering from a significant and permanent non-terminal and incapacitat-
ing condition, disease or syndrome and is so  debilitated  or  incapaci-
tated as to create a reasonable probability that he or she is physically
or  cognitively  incapable  of presenting any danger to society and does
not present a danger to society. If the board makes such a determination
then it may make a new grant of medical parole pursuant to the standards
of paragraph (b) of subdivision one of this section. At the hearing, the
releasee shall have the right to representation  by  counsel,  including
the  right,  if the releasee is financially unable to retain counsel, to
have the appropriate court assign counsel in accordance with the  county
or  city plan for representation placed in operation pursuant to article
eighteen-B of the county law.
  (g) The hearing and determination provided for  by  paragraph  (f)  of
this  subdivision  shall  be  concluded  within  the six month period of
medical parole. If the board does not renew the grant of medical parole,
it shall order that the releasee be returned immediately to the  custody
of the department of correctional services.
  (h)  In  addition to the procedures set forth in paragraph (f) of this
subdivision, medical parole may be revoked at any time upon any  of  the
grounds  specified  in paragraph (a) of subdivision three of section two
hundred fifty-nine-i of this article, and in accordance with the  proce-
dures specified in subdivision three of section two hundred fifty-nine-i
of this article.
  (i)  A  releasee who is on medical parole and who becomes eligible for
parole pursuant to the provisions of  subdivision  two  of  section  two
hundred  fifty-nine-i  of  this  article  shall  be  eligible for parole
consideration pursuant to such subdivision.
  5. A denial of release on medical  parole  or  expiration  of  medical
parole in accordance with the provisions of paragraph (f) of subdivision
four  of  this section shall not preclude the inmate from reapplying for
medical parole or otherwise affect an inmate's eligibility for any other
form of release provided for by law.
  6. To the extent that any provision of this section  requires  disclo-
sure of medical information for the purpose of processing an application
or  making a decision, regarding release on medical parole or renewal of
medical parole, or for the purpose of appropriately supervising a person

A. 4012--B                         87

released on medical parole, and that such disclosure would otherwise  be
prohibited  by  article  twenty-seven-F  of  the  public health law, the
provisions of this section shall be controlling.
  7.  The  commissioner  [of correctional services] and the chair of the
board [of parole] shall be authorized  to  promulgate  rules  and  regu-
lations  for  their  respective  agencies to implement the provisions of
this section.
  8. Any decision made by the board pursuant  to  this  section  may  be
appealed   pursuant   to   subdivision   four  of  section  two  hundred
fifty-nine-i of this article.
  9. The chair of the board shall report annually to the  governor,  the
temporary  president  of the senate and the speaker of the assembly, the
chairpersons of the assembly and senate  codes  committees,  the  chair-
person  of  the  senate  crime and corrections committee, and the chair-
person of the assembly corrections committee the number of  inmates  who
have  applied for medical parole under this section; the number who have
been granted medical parole; the nature of the  illness  of  the  appli-
cants,  the  counties to which they have been released and the nature of
the placement pursuant to the medical discharge plan; the categories  of
reasons for denial for those who have been denied; the number of releas-
ees  who  have  been  granted an additional period or periods of medical
parole and the number of such grants; the number of releasees on medical
parole who have been returned to IMPRISONMENT  IN  the  custody  of  the
department [of correctional services] and the reasons for return.
  S  39.  Transfer  of employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of functions
from the department of correctional services, the division of parole and
the state board of parole pursuant to this act,  all  employees  of  the
department  of  correctional  services,  the  division of parole and the
state board  of  parole  shall  be  transferred  to  the  department  of
corrections and community supervision. Employees transferred pursuant to
this  section shall be transferred without further examination or quali-
fication and shall retain their  respective  civil  service  classifica-
tions, status and collective bargaining unit designations and collective
bargaining agreements.
  S  40.  Transfer  of  records.  All books, papers, and property of the
department of correctional services, the  division  of  parole  and  the
state  board  of  parole  shall be deemed to be in the possession of the
commissioner of the department of corrections and community supervision.
All books, papers,  and  property  of  the  department  of  correctional
services,  the  division  of  parole and the state board of parole shall
continue to be maintained by the department of corrections and community
supervision.
  S 41. Continuity of authority. For the purpose of  succession  of  all
functions,  powers,  duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the department  of
corrections  and  community  supervision  shall  be  deemed  and held to
constitute the continuation of the department of correctional  services,
the division of parole and the state board of parole.
  S  42. Completion of unfinished business. Any business or other matter
undertaken or commenced by the department of correctional services,  the
division  of  parole  or  the  state  board  of  parole pertaining to or
connected with the functions,  powers,  obligations  and  duties  hereby
transferred  and assigned to the department of corrections and community
supervision and pending on the  effective  date  of  this  act,  may  be
conducted  and  completed by the department of corrections and community

A. 4012--B                         88

supervision or the board of parole in the same manner and under the same
terms and conditions and with  the  same  effect  as  if  conducted  and
completed  by  the  department of corrections, the division of parole or
the state board of parole.
  S  43.  Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the department of correc-
tional services, the division of parole and the state  board  of  parole
pertaining to the functions and powers transferred and assigned pursuant
to this act, in force at the time of such transfer and assumption, shall
continue  in  full force and effect as rules, regulations, acts, orders,
determinations and decisions of the department of corrections and commu-
nity supervision or the board of parole until duly modified or abrogated
by the commissioner of  the  department  of  corrections  and  community
supervision or the chairman of the board of parole, as appropriate.
  S 44. Terms occurring in laws, contracts and other documents. Whenever
the  department  of correctional services, the division of parole or the
board of parole, or the chairman or commissioner thereof, is referred to
or designated in any law, contract or document pertaining to  the  func-
tions, powers, obligations and duties hereby transferred to and assigned
to  the  department  of  corrections  and  community  supervision or the
commissioner of the department of corrections and community supervision,
such reference or designation shall be deemed to refer to the department
of corrections and community supervision  or  the  commissioner  of  the
department of corrections and community supervision, as applicable.
  S  45.  Existing  rights  and remedies preserved. No existing right or
remedy of any character shall be  lost,  impaired  or  affected  by  any
provisions of this act.
  S 46. Pending actions and proceedings. No action or proceeding pending
at  the  time when this act shall take effect, brought by or against the
department of correctional services, the division of parole or the state
board of parole, or the  chairman  or  commissioner  thereof,  shall  be
affected by any provision of this act, but the same may be prosecuted or
defended   in  the  name  of  the  commissioner  of  the  department  of
corrections and community supervision or the department  of  corrections
and  community  supervision.  In  all  such actions and proceedings, the
commissioner of the department of corrections and community supervision,
upon application of the court, shall be substituted as a party.
  S 47. Transfer of appropriations heretofore made.  All  appropriations
or  reappropriations  heretofore  made to the department of correctional
services, the division of parole or the state board  of  parole  to  the
extent  of remaining unexpended or unencumbered balance thereof, whether
allocated or unallocated and whether obligated or unobligated, are here-
by transferred to and made available for  use  and  expenditure  by  the
department  of  corrections  and  community  supervision  subject to the
approval of the director of the budget for the same purposes  for  which
originally appropriated or reappropriated and shall be payable on vouch-
ers  certified  or  approved  by  the  commissioner of the department of
corrections and community supervision on audit and warrant of the  comp-
troller.
  S  48.  Transfer of assets and liabilities. All assets and liabilities
of the department of correctional services, the division of  parole  and
the  state  board of parole are hereby transferred to and assumed by the
department of corrections and community supervision.
  S 49. This act shall take effect immediately, provided, however:
  (a) that the  amendments  to  subdivision  18  of  section  2  of  the
correction law made by section one-a of this act shall be subject to the

A. 4012--B                         89

expiration  and  reversion of such subdivision pursuant to chapter 55 of
the laws of 1992, as amended, when upon  such  date  the  provisions  of
section two of this act shall take effect;
  (b)  that  the  amendments  to section 8 of the correction law made by
section six of this act shall not affect the expiration of such  section
and shall be deemed to expire therewith;
  (c)  that  the  amendments  to  subdivision  9  of  section 201 of the
correction law as added by section thirty-two of this act  shall  remain
in  effect  until  September 1, 2014, when it shall expire and be deemed
repealed;
  (d) section thirty-three of this act shall take  effect  on  the  same
date as the reversion of provisions of the sentencing reform act of 1995
pursuant  to  subdivision  d  of  section 74 of chapter 3 of the laws of
1995, as amended;
  (e) that the amendments to paragraph c of  subdivision  7  of  section
500-b of the correction law made by section thirty-six of this act shall
not affect the repeal of such section and shall be deemed repealed ther-
ewith;
  (f)  the amendments to subdivision 1 of section 259-c of the executive
law made by section thirty-eight-b of this act shall be subject  to  the
expiration  and  reversion of such subdivision pursuant to section 74 of
chapter 3 of the laws of 1995, as  amended,  when  upon  such  date  the
provisions of section thirty-eight-b-1 shall take effect; and
  (g)  the amendments to paragraph (a) of subdivision 1 of section 259-r
of the executive law made by section thirty-eight-1 of this act shall be
subject to the expiration and reversion of such  paragraph  pursuant  to
section  74 of chapter 3 of the laws of 1995, as amended, when upon such
date the provisions of section thirty-eight-1-1 shall take effect.

                                SUBPART B

  Section 1. Section 15-b of the correction law, as added by chapter 670
of the laws of 1935, is amended to read as follows:
  S 15-b. Education.  The present director of vocational education shall
be the director of education with the powers and duties of the  director
of  education  and hereafter shall be appointed by the commissioner. The
director of education, at any time appointed, shall be  a  person  whose
education, training and experience shall cover fields of penology and of
professional education. The educational qualifications shall include the
satisfactory  completion  of  three years of graduate work in education,
penology, and allied fields. The head of the division of education shall
have the direct supervision of all educational work in the department of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION and shall  have  full
authority  to  visit  and  inspect all institutions of the department to
observe, study, organize, and develop the educational activities of such
institutions in harmony with the  general  educational  program  of  the
department. He OR SHE shall be responsible to the commissioner and depu-
ty commissioner [of correction] DESIGNATED BY THE COMMISSIONER.
  S 2. Intentionally omitted.
  S 3. Intentionally omitted.
  S 4. Section 20 of the correction law is amended to read as follows:
  S  20.  Library.    A  library shall be provided in the department [of
correction] containing the leading books on parole, probation and  other
correctional  activities,  together  with reports and other documents on
correlated topics of criminology and social work.

A. 4012--B                         90

  S 5. Section 23 of the correction law, as amended by  chapter  476  of
the  laws  of 1970 and as renumbered by chapter 475 of the laws of 1970,
is amended to read as follows:
  S  23.  Transfer of inmates from one correctional facility to another;
treatment in outside hospitals.  1.  The  commissioner  [of  correction]
shall  have the power to transfer inmates from one correctional facility
to another. Whenever the  transfer  of  inmates  from  one  correctional
facility   to   another   shall  be  ordered  by  the  commissioner  [of
correction], the superintendent of the facility from which  the  inmates
are  transferred  shall  take  immediate steps to make the transfer. The
transfer shall be in accordance with rules and  regulations  promulgated
by  the  department  for the safe delivery of such inmates to the desig-
nated facility.
  2. The commissioner [of correction], in his OR HER discretion, may  by
written  order permit inmates to receive medical diagnosis and treatment
in outside hospitals, upon the recommendation of the  superintendent  or
director that such outside treatment or diagnosis is necessary by reason
of  inadequate  facilities  within the institution.   Such inmates shall
remain under the jurisdiction and in the custody of the department while
in said outside hospital  and  said  superintendent  or  director  shall
enforce  proper  measures in each case to safely maintain such jurisdic-
tion and custody.
  3. The cost of transporting inmates between facilities and to  outside
hospitals  shall  be  paid from funds appropriated to the department [of
correction] for such purpose.
  S 6. Paragraph (b) of subdivision  3  and  subdivisions  7  and  8  of
section  70  of  the  correction  law, paragraph (b) of subdivision 3 as
amended by chapter 261 of the laws of 1987,  subdivisions  7  and  8  as
added  by  chapter  476  of  the  laws  of  1970, are amended to read as
follows:
  (b) A correctional camp or a shock incarceration correctional facility
may be established by the department (i) upon land controlled and desig-
nated by the commissioner [of correctional services], or  (ii)  on  land
controlled  and  designated by the commissioner of parks, recreation and
historic preservation or, in the sixth park region, by the  commissioner
of environmental conservation.
  7.  The commissioner [of correction] shall have the authority to enter
into leases within the amount appropriated therefor, for the purpose  of
maintaining  or  establishing  any  correctional facility or any adjunct
thereto.
  8. The commissioner  [of  correction]  is  authorized  to  enter  into
contracts, within the amount appropriated therefor, with any university,
social agency or qualified person to render professional services to any
correctional facility.
  S  7.  Section  72-a of the correction law, as added by chapter 554 of
the laws of 1986, is amended to read as follows:
  S 72-a.  Community  treatment  facilities.  1.  Transfer  of  eligible
inmate.  Notwithstanding  the  provisions of section seventy-two of this
chapter, any inmate confined  in  a  correctional  facility  who  is  an
"eligible inmate" as defined by subdivision two of section eight hundred
fifty-one  of  this  chapter  and  has been certified by the division of
substance abuse services as being in need of substance  abuse  treatment
and rehabilitation may be transferred by the commissioner to a community
treatment facility.
  2.  Designation of facilities. A community treatment facility shall be
designated by the director of the division of substance  abuse  services

A. 4012--B                         91

and  the  commissioner. Such facility shall be operated by a provider or
sponsoring agency that has provided approved residential substance abuse
treatment services for at least two years duration.
  3.  Operating standards. The commissioner, after consultation with the
director of the division of substance abuse services,  shall  promulgate
rules  and regulations which provide for minimum standards of operation,
including but not limited to the following:
  (a) provision for adequate security and protection of the  surrounding
community;
  (b) adequate physical plant standards;
  (c)  provisions  for  adequate  program services, staffing, and record
keeping; and
  (d) provision for the general welfare of the inmates.
  4. [Parole] COMMUNITY supervision.   The  department  shall  [contract
with  the  division  of  parole]  PROVIDE  for the provision of [parole]
COMMUNITY supervision services. [Pursuant to  such  contract,  all]  ALL
inmates  residing in a community treatment facility shall be assigned to
parole officers for supervision. Such parole officers shall be responsi-
ble [to the division of parole] for  [the  purpose  of]  providing  such
supervision. [As part of its supervisory functions the division shall be
required  to  provide reports to the department every two months on each
inmate under its supervision. Such reports shall  include,  but  not  be
limited to:
  (a) an evaluation of the inmate's participation in such program; and
  (b)  a statement of any problems relative to an inmate's participation
in such program and the manner in which such problems were resolved; and
  (c) a recommendation with respect to the  inmate's  continued  partic-
ipation in the program.]
  5.  Reports.  The  department  and  the  division  of  substance abuse
services shall jointly issue quarterly reports including  a  description
of  those  facilities  [which]  THAT  have  been designated as community
treatment facilities, the number of inmates confined in each facility, a
description of the programs within each  facility,  and  the  number  of
absconders,  if  any, as well as the nature and number of re-arrests, if
any, during the [individuals' parole] INDIVIDUAL'S period  OF  COMMUNITY
SUPERVISION. Copies of such reports, as well as copies of any inspection
report issued by the department or the commission on correction shall be
sent  to  the director of the budget, the chairman of the senate finance
[comittee] COMMITTEE, the chairman of the senate  crime  and  correction
committee,  the  chairman  of  the  assembly  ways  and means [comittee]
COMMITTEE and the chairman of the assembly committee on codes.
  6. Reimbursement. (a)  The  commissioner,  in  consultation  with  the
director  of  the division of substance abuse services, shall enter into
an agreement with the division of substance abuse services  whereby  the
division of substance abuse services will contract with community treat-
ment facilities for provision of services pursuant to this section with-
in amounts made available by the department. Each contract shall provide
for  frequent visitation, inspection of the facility, and enforcement of
the minimum standards and shall authorize  the  supervision  of  inmates
residing in a community treatment facility by parole officers.
  (b) The commissioner shall promulgate rules and regulations specifying
those  costs  related  to  the  general operation of community treatment
facilities [which] THAT shall be eligible for reimbursement. Such eligi-
ble costs shall not include debt service, whether principal or interest,
or costs for which state or federal aid or  reimbursement  is  otherwise

A. 4012--B                         92

available.  Such  rules and regulations shall be subject to the approval
of the director of the budget.
  (c)  The  [division]  DEPARTMENT  shall  not contract for [provisions]
PROVISION of services to more than fifty inmates at any one facility.
  (d) At least thirty days prior to final approval of any such contract,
a copy of the proposed contract shall be sent to  the  director  of  the
budget,  the  chairman  of the senate finance committee, the chairman of
the senate crime and correction committee, the chairman of the  assembly
ways  and means committee, and the chairman of the assembly committee on
codes.
  S 8. Section 73 of the correction law, as added by chapter 476 of  the
laws  of  1970,  subdivision  6 as amended by chapter 843 of the laws of
1980, is amended to read as follows:
  S 73. Residential treatment  facilities.    1.  The  commissioner  may
transfer  any  inmate  of  a  correctional  facility who is eligible for
[parole] COMMUNITY SUPERVISION or who will become eligible for  [parole]
COMMUNITY  SUPERVISION  within  six months after the date of transfer or
who has one year or less  remaining  to  be  served  under  his  OR  HER
sentence  to  a  residential  treatment  facility and such person may be
allowed to go outside the facility during reasonable and necessary hours
to engage in any activity reasonably related to  his  OR  HER  rehabili-
tation  and  in  accordance with the program established for him OR HER.
While outside the facility he OR SHE shall be at all times in the custo-
dy of the department [of correction] and under [the] ITS supervision [of
the state division of parole].
  2. The [division of parole] DEPARTMENT shall be responsible for secur-
ing  appropriate  education,  on-the-job  training  and  employment  for
inmates  transferred to residential treatment facilities. The [division]
DEPARTMENT also shall supervise such inmates during their  participation
in  activities outside any such facility and at all times while they are
outside any such facility.
  3. Programs directed toward the rehabilitation and total reintegration
into the community of persons transferred  to  a  residential  treatment
facility  shall  be established [jointly by the department of correction
and the division of parole]. Each inmate shall be  assigned  a  specific
program  by  the superintendent of the facility and a written memorandum
of such program shall be delivered to him OR HER.
  4. If at any time the superintendent of a residential treatment facil-
ity is of the opinion that any aspect of  the  program  assigned  to  an
individual  is  inconsistent with the welfare or safety of the community
or of the facility or its inmates, the superintendent may  suspend  such
program  or any part thereof and restrict the inmate's activities in any
manner that is necessary and appropriate. Upon taking  such  action  the
superintendent  shall  promptly  notify the commissioner [of correction]
and pending decision by the commissioner, the  superintendent  may  keep
such inmate under such security as may be necessary.
  5.  The  commissioner  may  at any time and for any reason transfer an
inmate from a residential treatment  facility  to  another  correctional
facility.  [The  chairman  of  the state board of parole may request the
commissioner of correction to transfer a person  out  of  a  residential
treatment  facility  if  at any time the chairman is of the opinion that
such person should no longer be allowed to follow a program that permits
him to engage in activities in the community. Upon receipt of  any  such
request,  the  commissioner  shall  forthwith  transfer  the inmate to a
correctional facility other than a residential treatment facility.]

A. 4012--B                         93

  6. Where a person who is an inmate of a residential treatment facility
absconds, or fails  to  return  thereto  as  specified  in  the  program
approved  for  him  OR HER, he OR SHE may be arrested and returned by an
officer or employee of the department [of correction or the division  of
parole]  or  by any peace officer, acting pursuant to his OR HER special
duties, or police officer without a warrant; or a member of the board of
parole or an officer [of the division  of  parole]  designated  by  such
board  may  issue  a  warrant for the retaking of such person. A warrant
issued pursuant to this  subdivision  shall  have  the  same  force  and
effect,  and  shall  be executed in the same manner, as a warrant issued
for violation of [parole] COMMUNITY SUPERVISION.
  7. The provisions of this chapter relating to good behavior allowances
and conditional  release  shall  apply  to  behavior  of  inmates  while
assigned  to  a residential treatment facility for behavior on the prem-
ises and outside the premises of such facility and good behavior  allow-
ances  may  be  granted, withheld, forfeited or cancelled in whole or in
part for behavior outside the premises  of  the  facility  to  the  same
extent  and  in  the  same  manner as is provided for inmates within the
premises of any facility.
  8. The STATE board of parole may grant parole to any inmate of a resi-
dential treatment facility at any time after he OR SHE becomes  eligible
therefor. Such parole shall be in accordance with provisions of law that
would apply if the person were still confined in the facility from which
he  OR  SHE  was transferred, except that any personal appearance before
the board may be at any place designated by the board.
  9. The earnings of any inmate  of  a  residential  treatment  facility
shall  be  dealt  with  in  accordance  with  the procedure set forth in
section eight hundred [fifty-seven] SIXTY of this chapter.
  10. The commissioner [of correction and the chairman of the  board  of
parole  are] IS authorized to [enter into an agreement for the] use [of]
any residential treatment facility as a residence for persons who are on
[parole or conditional release, and persons  under  supervision  of  the
board  of  parole]  COMMUNITY  SUPERVISION. PERSONS who reside in such A
facility shall be subject to conditions of [parole or release] COMMUNITY
SUPERVISION imposed by the [board] DEPARTMENT.
  S 9. Subdivision 3 of section 90 of the correction law,  as  added  by
chapter 478 of the laws of 1970, is amended to read as follows:
  3.  To  expand  the use of programs designed to bridge the gap between
incarceration and activities in the community, through the use of insti-
tutions operated by  local  government  as  facilities  for  residential
treatment  of  persons  in  the  custody  of  the  state  department  of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 10. Section 91 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S 91. Agreements for custody of  definite  sentence  inmates.  1.  The
state commissioner of [correction] CORRECTIONS AND COMMUNITY SUPERVISION
may enter into an agreement with any county or with the city of New York
to   provide  for  custody  by  the  state  department  of  [correction]
CORRECTIONS AND COMMUNITY SUPERVISION of persons  who  receive  definite
sentences of imprisonment with terms in excess of ninety days who other-
wise  would serve such sentences in the jail, workhouse, penitentiary or
other local correctional institution maintained by such locality.
  2. Any such agreement, except one that is made with the  city  of  New
York,  may  be  made  with  the  sheriff,  warden, superintendent, local
commissioner of correction or other person  in  charge  of  such  county
institution  and shall be subject to the approval of the chief executive

A. 4012--B                         94

officer of the county. An agreement made with the city of New  York  may
be  made  with  the commissioner of correction of that city and shall be
subject to the approval of the mayor.
  3. An agreement made under this section shall not require the locality
to  pay  the cost of treatment, maintenance and custody furnished by the
state department of [correction] CORRECTIONS AND  COMMUNITY  SUPERVISION
and shall contain at least the following provisions:
  (a) A provision specifying the minimum length of the term of imprison-
ment  of  persons  who  may  be  received  by  the  state  department of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION under the  agreement,
which  may be any term in excess of ninety days agreed to by the parties
and which need not be the same in each agreement;
  (b) A provision that no charge will be made to the  state  or  to  the
state  department  of [correction] CORRECTIONS AND COMMUNITY SUPERVISION
or to any of its institutions during the pendency of such agreement  for
delivery  of inmates to the state department of [correction] CORRECTIONS
AND COMMUNITY SUPERVISION by officers of  the  locality,  and  that  the
provisions  of section six hundred two of this chapter or of any similar
law shall not apply for delivery of inmates during such time;
  (c) A provision that no charge shall be made to or shall be payable by
the state during the pendency of such agreement for the expense of main-
taining parole violators pursuant to section two hundred sixteen of this
chapter, for the expense of maintaining coram nobis  prisoners  pursuant
to  section  six hundred one-b of this chapter, for the expense of main-
taining felony prisoners pursuant to section six hundred one-c  of  this
chapter, or for the expense of maintaining alternative local reformatory
inmates  pursuant  to  section eight hundred thirty-five in institutions
maintained by the locality;
  (d) A provision, approved by the state comptroller, for  reimbursement
of the state department of [correction] CORRECTIONS AND COMMUNITY SUPER-
VISION  by  the  locality for expenses incurred under subdivision two or
three of section one hundred twenty-five of  this  chapter  relating  to
clothing,  money  and transportation furnished upon release or discharge
of inmates delivered to the state department of [correction] CORRECTIONS
AND COMMUNITY SUPERVISION pursuant to the agreement;
  (e) Designation of the correctional facility or  facilities  to  which
persons under sentences covered by the agreement are to be delivered;
  (f)  Any  other  provision  the  state  commissioner  of  [correction]
CORRECTIONS AND COMMUNITY SUPERVISION may deem necessary or appropriate;
and
  (g) A provision giving either party the right to cancel the  agreement
by giving the other party notice in writing, with cancellation to become
effective on such date as may be specified in such notice.
  4. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.
  S 11. Section 92 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S 92. Effect of agreement for custody of definite sentence inmates. 1.
After a copy of an agreement made under section ninety-one of this arti-
cle  is  filed  with  the  secretary  of  state,  all  commitments under
sentences covered by the agreement by courts in the county  or  city  to
which  it  applies  shall  be  deemed  to be to the custody of the state
department of [correction] CORRECTIONS  AND  COMMUNITY  SUPERVISION  and
shall be so construed and interpreted irrespective of the institution or
agency to which the commitments are made.

A. 4012--B                         95

  2.  Any  inmate  who  is serving a term of imprisonment covered by the
agreement imposed prior to the filing of such agreement, and any  inmate
who  is  under  consecutive  definite  sentences of imprisonment with an
aggregate term of the length covered by the agreement,  irrespective  of
whether one or more of such sentences was imposed prior to the filing of
the agreement, may be transferred to the care of the state department of
[correction]  CORRECTIONS  AND COMMUNITY SUPERVISION upon request of the
head of the county or city institution and approval of the state commis-
sioner of [correction] CORRECTIONS AND COMMUNITY SUPERVISION.
  3. Inmates who are deemed  committed  to  the  custody  of  the  state
department  of  [correction] CORRECTIONS AND COMMUNITY SUPERVISION under
subdivision one of this section, or who may be transferred to  the  care
of the state department of [correction] CORRECTIONS AND COMMUNITY SUPER-
VISION under subdivision two of this section, shall be dealt with in all
respects  in  the same manner as inmates committed to the custody of the
state department of [correction] CORRECTIONS AND COMMUNITY SUPERVISION.
  4. In the event any such agreement is cancelled, inmates delivered  to
the  state  department  of [correction] CORRECTIONS AND COMMUNITY SUPER-
VISION prior to the date of cancellation shall continue to  serve  their
sentences  in  the custody of such department and the provisions of such
agreement shall continue to apply with respect to such inmates.  A  copy
of the notice of cancellation shall be filed with the secretary of state
and with the clerks of courts in the manner provided in subdivision four
of section ninety-one of this article, and no inmates shall be delivered
to  the  custody of the state department of [correction] CORRECTIONS AND
COMMUNITY SUPERVISION under such agreement after the date on which  such
cancellation becomes effective.
  S 12. Section 93 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S 93. Temporary custody of sentenced inmates in emergencies.  1. When-
ever a state of emergency shall be declared by the chief executive offi-
cer  of a local government pursuant to section two hundred nine-m of the
general municipal law, the chief executive  officer  of  the  county  in
which such state of emergency is declared, or where a county or counties
are  wholly within a city the mayor of such city, may request the gover-
nor to remove all or any number of sentenced inmates  from  institutions
maintained  by such county or city. Upon receipt of such request, if the
governor is satisfied that the public interest so requires, the governor
may, in his discretion, authorize and direct the state  commissioner  of
[correction]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  to  remove  such
inmates.
  2. Upon receipt of  any  such  direction  the  state  commissioner  of
[correction]  CORRECTIONS AND COMMUNITY SUPERVISION shall transport such
inmates to any correctional facility in the department and such  inmates
shall  be retained in the custody of the department, subject to all laws
and rules and regulations pertaining to inmates in the  custody  of  the
department,  until  returned  to  the  institution  from which they were
removed or discharged or released in accordance with the law.
  3. In the event that the state department of [correction]  CORRECTIONS
AND COMMUNITY SUPERVISION does not have space in its correctional facil-
ities  to accommodate all or any number of the inmates so removed from a
local institution, the commissioner [of correction] shall have the power
to lodge any number of such inmates in any  county  jail,  workhouse  or
penitentiary  within  the  state  that has room to receive them and such
institution shall be required to receive such inmates. Inmates so lodged
shall be subject to all rules  and  regulations  pertaining  to  inmates

A. 4012--B                         96

committed  to  such  institution  until returned to the institution from
which they were removed, or removed to a state correctional facility, or
discharged or released in accordance with the  law;  provided,  however,
that  inmates  discharged  or  released  from any such local institution
shall be entitled to receive clothing, money and transportation from the
state department of [correction] CORRECTIONS AND  COMMUNITY  SUPERVISION
to  the  same  extent  as  inmates  discharged  or released from a state
correctional facility.
  4. When sentenced inmates have been removed from a penitentiary pursu-
ant to this section, such penitentiary may be used for  the  purpose  of
detention  of prisoners awaiting trial or for any other purpose to which
a county jail may be put.
  5. The original order of commitment and any other case record pertain-
ing to inmates removed pursuant to this section shall  be  delivered  to
the  head  of any institution in which he OR SHE may be lodged and shall
be returned to the institution from which he OR SHE was removed  at  the
time  of  his  return  to such institution or upon his OR HER release or
discharge in accordance with the law.
  6. Inmates removed from a local institution pursuant to a request made
under subdivision one of this section may be returned to  such  institu-
tion by the state commissioner of [correction] CORRECTIONS AND COMMUNITY
SUPERVISION,  subject  to the approval of the governor, at any time such
commissioner is satisfied that the return of such inmates is not  incon-
sistent with the public interest.
  7.  The  county or city maintaining the institution from which inmates
are removed pursuant to subdivision one of this section shall be  liable
for  all  damages  arising  out  of  any  act performed pursuant to this
section and for reimbursement for the following items:
  (a) The cost of clothing, money and transportation  furnished  to  any
inmate  who is released or discharged prior to the return of such inmate
to the institution from which he OR SHE is removed shall be paid to  the
state  department of [correction] CORRECTIONS AND COMMUNITY SUPERVISION;
and
  (b) The cost of maintaining any inmate in a county jail, workhouse  or
penitentiary  shall  be paid to the local government that maintains such
institution. Such cost shall be the actual per  capita  daily  cost,  as
certified  to  the  state  commissioner  of [correction] CORRECTIONS AND
COMMUNITY SUPERVISION.
  S 13. Section 94 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S 94. Use of local government institutions for  residential  treatment
of  persons  under  the  custody of the state department of [correction]
CORRECTIONS AND COMMUNITY SUPERVISION.  1.   The state  commissioner  of
[correction]  CORRECTIONS AND COMMUNITY SUPERVISION is hereby authorized
to transfer any inmate under the care or custody of the  department  who
is  eligible to be transferred to a residential treatment facility under
section seventy-three of this chapter to any county jail,  workhouse  or
penitentiary  for the purpose of having such inmate engage in a residen-
tial treatment facility program; provided, however, that:
  (a) Such inmate has resided or  was  employed  or  has  dependents  or
parents  who  reside in the county, or in a county that is contiguous to
the county, in which the institution to which he would be transferred is
located;
  (b) Arrangements have been made for the education,  on-the-job  train-
ing,  employment  or  for  some  other  rehabilitative treatment of such
inmate in the county, or in a county that is contiguous to  the  county,

A. 4012--B                         97

in  which  the  institution to which he would be transferred is located;
and
  (c)   The  sheriff,  warden,  superintendent,  local  commissioner  of
correction or other person in charge of the  institution  to  which  the
inmate would be transferred consents to such transfer.
  2. An inmate so transferred shall continue to be in the custody of the
state  department  of [correction] CORRECTIONS AND COMMUNITY SUPERVISION
but shall, during the period of such transfer, be in  the  care  of  the
head  of  the  institution  to  which  he  OR  SHE is transferred.   The
provisions of section seventy-three of this chapter shall apply  in  the
case  of any such transfer as fully and completely as if the inmate were
transferred to a residential treatment facility, and  the  head  of  the
institution  to  which  the  inmate  is transferred and the officers and
employees thereof shall have and may exercise all of the powers  of  the
superintendent  of  a residential treatment facility with respect to the
care or custody of such inmate.
  In any case where an inmate is employed, however,  the  provisions  of
subdivision  nine  of such section seventy-three shall not apply and the
wages or salary of such inmate shall be dealt with under the  provisions
applicable to a work release program in the type of institution to which
he  is transferred as provided in sections one hundred fifty-four, eight
hundred seventy-two or eight hundred ninety-three as the  case  may  be;
and in the event such inmate is returned to a state correctional facili-
ty,  any  balance remaining in the trust fund account shall be paid over
to the superintendent of such facility and shall be deposited by him  OR
HER  as  inmates'  funds pursuant to section one hundred sixteen of this
chapter.
  3. If at any time the head of a local institution to which  an  inmate
is  transferred under this section is of the opinion that continued care
of such inmate in such institution is inconsistent with the  welfare  or
safety  of the community or of the institution or its inmates, he OR SHE
may request the state commissioner to return  such  inmate  to  a  state
correctional  facility  and,  upon  the receipt of any such request, the
commissioner shall cause such inmate to be so returned promptly  and  at
the  expense  of  the  state  department of [correction] CORRECTIONS AND
COMMUNITY SUPERVISION.
  4. The expenses of any such  transfer  shall  be  paid  by  the  state
department of [correction] CORRECTIONS AND COMMUNITY SUPERVISION and the
commissioner is hereby authorized to reimburse the local institution for
a  sum  determined  by  the  head  of  such institution and agreed to in
advance by the [state] commissioner [of correction] to be  the  cost  of
food,  lodging  and  clothing within the institution, and the actual and
necessary food, travel and other expenses required for a program outside
the institution, incurred or  advanced  by  the  institution;  provided,
however, that:
  (a)  In  any case where the [state] commissioner [of correction] has a
pending agreement with a locality under section ninety-one of this arti-
cle, the [commmissioner of correction] COMMISSIONER shall not  reimburse
the local institution for any cost incurred for food, lodging and cloth-
ing within the institution; and
  (b) The wages or salary, if any, of such inmate shall be used for such
reimbursement  and shall be applied to defray any costs authorized to be
paid under this section before any amount shall be paid by  the  commis-
sioner [of correction] hereunder, and any such wages or salary may be so
applied irrespective of the provisions of paragraph (a) of this subdivi-
sion.

A. 4012--B                         98

  S  14.  Section 116 of the correction law, as amended by section 42 of
part A-1 of chapter 56 of the laws  of  2010,  is  amended  to  read  as
follows:
  S  116.  Inmates'  funds.  The warden or superintendent of each of the
institutions within the jurisdiction of the department  of  [correction]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall deposit at least once in
each week to his OR HER credit as such  warden,  or  superintendent,  in
such  bank  or  banks  as  may be designated by the comptroller, all the
moneys received by him OR HER as  such  warden,  or  superintendent,  as
inmates' funds, and send to the comptroller and also to the commissioner
[of  correction] monthly, a statement showing the amount so received and
deposited. Such statement of deposits shall be certified by  the  proper
officer  of  the bank receiving such deposit or deposits. The warden, or
superintendent, shall also verify by his OR HER affidavit that  the  sum
so  deposited  is all the money received by him OR HER as inmates' funds
during the month. Any bank in which such deposits shall be  made  shall,
before  receiving any such deposits, file a bond with the comptroller of
the state, subject to his OR HER approval, for such sum  as  he  OR  SHE
shall  deem  necessary.  Upon  a  certificate  of approval issued by the
director of the budget, pursuant to the  provisions  of  section  fifty-
three  of the state finance law, the amount of interest, if any, hereto-
fore accrued and hereafter to accrue on moneys so deposited,  heretofore
and  hereafter  credited  to  the warden, or superintendent, by the bank
from time to time, shall be available for expenditure by the warden,  or
superintendent,  subject  to  the  direction  of  the  commissioner, for
welfare work among the inmates in his custody. The withdrawal of  moneys
so  deposited  by  such  warden,  or  superintendent, as inmates' funds,
including any interest so credited, shall  be  subject  to  his  OR  HER
check.  Each  warden,  or  superintendent,  shall each month provide the
comptroller and also the commissioner with a record of  all  withdrawals
from  inmates' funds. As used in this section, the term "inmates' funds"
means the funds in the possession of the inmate at the time  of  his  OR
HER  admission  into  the  institution,  funds  earned  by him OR HER as
provided in section one hundred eighty-seven of  this  chapter  and  any
other funds received by him OR HER or on his OR HER behalf and deposited
with  such  warden  or  superintendent  in accordance with the rules and
regulations of the commissioner. Whenever the total  unencumbered  value
of funds in an inmate's account exceeds ten thousand dollars, the super-
intendent shall give written notice to the office of victim services.
  S  15. Subdivision 2 of section 120 of the correction law, as added by
chapter 202 of the laws of 2007, is amended to read as follows:
  2. Nothing in this section shall limit in any way the authority of the
commissioner, or any county or the city of New York, to enter  into  any
contract  authorized  by  subdivision  eighteen  of section two, section
seventy-two-a,  section  seventy-three,  section  ninety-five,   article
five-A  or article twenty-six of this chapter, or to limit the responsi-
bility of the [state division of parole] DEPARTMENT OF  CORRECTIONS  AND
COMMUNITY   SUPERVISION  to  supervise  inmates  or  [parolees]  PERSONS
RELEASED TO COMMUNITY SUPERVISION while away from an institution  pursu-
ant  to  section seventy-two-a, section seventy-three or article twenty-
six of this chapter or while confined at  a  drug  treatment  campus  as
defined in subdivision twenty of section two of this chapter.
  S  16.  Section  140-a of the correction law, as added by section 2 of
part UU of chapter 56 of the  laws  of  2009,  is  amended  to  read  as
follows:

A. 4012--B                         99

  S  140-a. Pilot project for filing medical assistance applications for
inmates prior to their release. 1. Subject to  the  availability  of  an
appropriation  of no less than two hundred thousand dollars, the commis-
sioner, after consultation with the chairman  of  the  [division]  STATE
BOARD  of  parole, the commissioner of the department of health, and the
commissioner of the office of temporary and disability assistance, shall
establish a pilot program at a designated correctional facility for  the
purpose  of filing applications for enrollment in the medical assistance
program established under title eleven of article  five  of  the  social
services law for eligible inmates prior to their release to the communi-
ty;  provided,  however,  that the commissioner shall not establish such
pilot program at the Orleans correctional facility. For purposes of this
pilot program, eligible inmates shall not include any inmates  who  were
receiving  such medical assistance immediately prior to their commitment
to the department and whose medical assistance was thereafter  suspended
pursuant to the provisions of subdivision one-a of section three hundred
sixty-six of the social services law.
  2. In determining the facility where the pilot program shall be estab-
lished,  the  commissioner shall give due consideration to the following
factors, which shall include, but not be limited to: (i) the  degree  to
which  pre-release  services  and  re-entry  services are either already
available at such facility or can be  made  readily  available  at  such
facility; (ii) the proximity of the facility to the communities to which
the  eligible inmates will be released; (iii) the availability of commu-
nity linkages which would facilitate the preparation and  submission  of
such  medical assistance applications for eligible inmates; and (iv) the
recommendations of the commissioner of the office of temporary and disa-
bility assistance, the commissioner of the department of health and  the
chairman of the [division] STATE BOARD of parole.
  3.  The  commissioner may use the appropriation for this pilot program
to establish one or more department positions to perform  any  responsi-
bilities  [which]  THAT may arise in connection with the preparation and
submission of such medical assistance applications. The commissioner may
also use the appropriation to enter into any contract with one  or  more
outside  individuals  or  entities  to  provide any services that may be
needed in connection with this pilot program. Further, all or a  portion
of  the  funds  appropriated for the pilot program may be transferred to
another state agency in order to  establish  positions  to  perform  any
responsibilities which may be necessary to operate the pilot program.
  4.  Applications  for  medical  assistance  shall  be submitted to the
statewide enrollment center established by contract with the  department
of health pursuant to subdivision twenty-four of section two hundred six
of  the  public  health  law  in  sufficient time before the anticipated
release, conditional release or discharge  of  the  eligible  inmate  to
permit  the  enrollment  center to process the application prior to such
inmate's release from the custody; provided,  however,  that  where  the
eligible  inmate  will  be  released  to the same county where the pilot
program is established, the application for medical  assistance  may  be
filed with the local county department of social services.
  5.  Upon receipt of an application filed pursuant to this section, the
centralized statewide enrollment center shall determine the  eligibility
of  such  inmate for enrollment in the medical assistance program estab-
lished under title eleven of article five of the  social  services  law.
Such  determination shall be based on whether the inmate, except for his
or her status as an inmate, would be eligible to receive medical assist-
ance. Notwithstanding any inconsistent provision of law,  enrollment  in

A. 4012--B                         100

the  medical assistance program shall be effective on the date an eligi-
ble inmate is released, conditionally released or discharged from custo-
dy in a department facility to  the  community.  The  commissioner,  the
commissioner  of  the state department of health and the chairman of the
state [division] BOARD of parole shall determine the process for issuing
the medical assistance identification card so that  the  applicant  will
receive appropriate documentation of [his/her] HIS OR HER eligibility of
medical  assistance either upon release or as soon thereafter as practi-
cable.
  6. After the pilot program becomes operational, the commissioner shall
periodically monitor all indicators related to the preparation and proc-
essing of inmate applications which shall include, but  not  be  limited
to:  (i)  the  degree  to  which all of the requisite information for an
application can be obtained while the  inmate  is  incarcerated  by  the
department;  (ii)  the  average processing times to prepare and complete
applications; (iii) the most effective manner for the transmittal  of  a
completed application for an eligibility determination; (iv) the average
amount  of  time  required  before  an  eligibility determination can be
completed and the  necessary  medical  assistance  eligibility  card  is
provided  to  the  eligible  individual;  and  (v) the identification of
issues and factors which may prevent, impede, or delay  the  preparation
and  submission of applications, which could be ameliorated by modifica-
tions to existing laws, rules and regulations, or  policies  and  proce-
dures.
  7. After the pilot program has been operational for a period of twelve
months, or sooner if determined to be appropriate by the commissioner, a
report shall be prepared by the commissioner and submitted to the gover-
nor, the temporary president of the senate and the speaker of the assem-
bly  on  the  factors  listed  in  subdivision six of this section. Such
report shall also include any recommendations for additional legislative
enactments that may  be  needed,  or  new  appropriations  that  may  be
required,  to  improve,  enhance  and subsequently expand the program to
other correctional facilities as determined to  be  appropriate  by  the
commissioner, with the ultimate goal to assist as many inmates as feasi-
ble to submit applications for medical assistance prior to their release
to the community.
  8. The [division] STATE BOARD of parole shall assist the department in
any  manner  necessary to assure that the purposes and objective of this
section are effectively accomplished.
  9. The commissioner and the commissioner of the department  of  health
may promulgate rules and regulations necessary for the uniform and time-
ly preparation, submission, acceptance and processing of applications by
eligible inmates prior to their release from custody.
  S  17.  Section 148 of the correction law, as amended by chapter 81 of
the laws of 1964, is amended to read as follows:
  S 148. Psychiatric  and  diagnostic  clinics.    The  commissioner  of
[correction and the chairman of the board of parole are] CORRECTIONS AND
COMMUNITY  SUPERVISION  IS  hereby authorized and directed to assist and
cooperate with the commissioner of mental [hygiene] HEALTH in the estab-
lishment and conduct of such psychiatric and diagnostic clinics  in  the
institutions and facilities under their jurisdiction as such commission-
ers  [and  chairman]  may  deem necessary within the amount appropriated
therefor. The persons conducting the work of such clinics  shall  deter-
mine  the  physical and mental condition of all inmates serving an inde-
terminate term, having a minimum of one day and  a  maximum  of  natural
life, and of such other inmates whose criminal record, behavior or other

A. 4012--B                         101

factors  indicate  to  those in charge of such clinics the need of study
and treatment. The work of the clinics shall  include  scientific  study
and  psychiatric  evaluation  of  each such inmate, including his OR HER
career  and  life  history,  investigation of the cause of the crime and
recommendations for the care, training and employment  of  such  inmates
with  a view to their reformation and to the protection of society. Each
of the different phases of the work of the clinics shall be  so  coordi-
nated  with  all  the  other  phases of clinic work as to be a part of a
unified and comprehensive scheme in the  study  and  treatment  of  such
inmates.  After  classification  in  the clinics the inmate sentenced to
state prison shall be certified to the warden and recommendation made to
the commissioner of [correction] CORRECTIONS AND  COMMUNITY  SUPERVISION
as to their disposition.
  S  18. Section 168-g of the correction law, as added by chapter 192 of
the laws of 1995, is amended to read as follows:
  S 168-g. Prior convictions; duty to  inform  and  register.    1.  The
[division  of parole] DEPARTMENT or [department] OFFICE of probation and
correctional alternatives in accordance with risk  factors  pursuant  to
section  one  hundred  sixty-eight-l of this article shall determine the
duration of registration and notification for every sex offender who  on
the  effective date of this article is then on [parole] COMMUNITY SUPER-
VISION or probation for an offense provided for in  subdivision  two  or
three of section one hundred sixty-eight-a of this article.
  2.  Every  sex  offender  who on the effective date of this article is
then on [parole] COMMUNITY  SUPERVISION  or  probation  for  an  offense
provided  for  in subdivision two or three of section one hundred sixty-
eight-a of this article shall within ten calendar days of such  determi-
nation  register  with his parole or probation officer. On each anniver-
sary of the sex offender's initial  registration  date  thereafter,  the
provisions  of  section  one hundred sixty-eight-f of this article shall
apply.  Any sex offender who fails or refuses  to  so  comply  shall  be
subject  to the same penalties as otherwise provided for in this article
which would be imposed upon a sex offender who fails or  refuses  to  so
comply  with  the  provisions of this article on or after such effective
date.
  3. It shall be the duty of the parole or probation officer  to  inform
and  register such sex offender according to the requirements imposed by
this article. A parole or probation officer shall give one copy  of  the
form to the sex offender and shall, within three calendar days, send two
copies  electronically  or  otherwise to the [division] DEPARTMENT which
shall forward one copy electronically or otherwise to the  law  enforce-
ment  agency having jurisdiction where the sex offender resides upon his
[parole] OR HER COMMUNITY SUPERVISION, probation, or [upon any  form  of
state or] local conditional release.
  4.  A  petition  for  relief from this section is permitted to any sex
offender required to register while released [on  parole]  TO  COMMUNITY
SUPERVISION  or  probation pursuant to section one hundred sixty-eight-o
of this article.
  S 19. Subdivision 1 of section 168-1 of the correction law,  as  added
by chapter 192 of the laws of 1995, is amended to read as follows:
  1.  There  shall  be a board of examiners of sex offenders which shall
possess the powers and duties hereinafter specified.  Such  board  shall
consist  of  five members appointed by the governor. [Three members who]
ALL MEMBERS SHALL BE EMPLOYEES OF THE DEPARTMENT, THREE OF WHOM shall be
experts in the field of the behavior  and  treatment  of  sex  offenders
[shall  be  employees  of  the  division of parole and the remaining two

A. 4012--B                         102

members shall be from the department]. The term of office of each member
of such board shall be for six years; provided, however, that any member
chosen to fill a vacancy occurring otherwise than by expiration of  term
shall be appointed for the remainder of the unexpired term of the member
whom  he  OR  SHE is to succeed. In the event of the inability to act of
any member, the governor may appoint some competent informed  person  to
act in his OR HER stead during the continuance of such disability.
  S  20.  Section 168-m of the correction law, as amended by chapter 453
of the laws of 1999, is amended to read as follows:
  S 168-m. Review. Notwithstanding any other provision  of  law  to  the
contrary, any state or local correctional facility, hospital or institu-
tion,  district  attorney, law enforcement agency, probation department,
[division] STATE BOARD of parole, court or child protective agency shall
forward  relevant  information  pertaining  to  a  sex  offender  to  be
discharged, paroled, released to post-release supervision or released to
the  board for review no later than one hundred twenty days prior to the
release or  discharge  and  the  board  shall  make  recommendations  as
provided in subdivision six of section one hundred sixty-eight-l of this
article within sixty days of receipt of the information. Information may
include,  but may not be limited to all or a portion of the arrest file,
prosecutor's file, probation or  parole  file,  child  protective  file,
court  file, commitment file, medical file and treatment file pertaining
to such person. Such person shall be permitted to submit  to  the  board
any  information  relevant  to  the  review. Upon application of the sex
offender or the district attorney, the court shall seal any  portion  of
the  board's  file  pertaining to the sex offender [which] THAT contains
material that is confidential under any state or federal law;  provided,
however,  that  in  any subsequent proceedings in which the sex offender
who is the subject of the sealed record is a party  and  which  requires
the  board  to  provide  a  recommendation to the court pursuant to this
article, such sealed record shall be available to the sex offender,  the
district attorney, the court and the attorney general where the attorney
general is a party, or represents a party, in the proceeding.
  S  21.  Subdivision 1 of section 184 of the correction law, as amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  1. The commissioner  [of  correctional  services]  is  authorized  and
directed  to  cause to be manufactured or prepared by the inmates in the
state correctional facilities, such articles  as  are  needed  and  used
therein,  and  also, such articles as are required by the state or poli-
tical subdivisions thereof, and in the  buildings,  offices  and  public
institutions  owned  or  managed  and controlled by the state, including
articles and materials to be used in the erection of the buildings,  and
including  material for the construction, improvement or repair of high-
ways, streets and roads.
  S 22. Subdivisions 1 and 3 of  section  186  of  the  correction  law,
subdivision 1 as amended by chapter 166 of the laws of 1991 and subdivi-
sion 3 as amended by chapter 83 of the laws of 1995, are amended to read
as follows:
  1.  The  commissioner  [of  correctional services] shall establish the
prices at which all services performed, and all articles manufactured in
the correctional facilities in this state, and furnished to  the  state,
or  the  political  subdivisions  thereof, or to the public institutions
thereof, or to public benefit corporations, authorities or  commissions.
However, prices for goods or services furnished by the local correction-
al  facilities  to  or  for the county in which they are located, or the
political subdivisions thereof, shall be fixed by the board of  supervi-

A. 4012--B                         103

sors of such counties, except the counties located within New York city,
in  which the prices shall be fixed by the commissioner [of correction].
It shall also be the duty of such boards, respectively, to classify  the
buildings,  offices  and institutions owned or managed and controlled by
the state, and the political subdivisions thereof, and to fix and deter-
mine the styles, patterns, designs and qualities of the articles  to  be
manufactured for such buildings, offices and public institutions, except
where  the  same have been fixed or their specifications approved by the
office of general services in the executive department. So far as  prac-
ticable,  all supplies used in such buildings, offices and public insti-
tutions shall be uniform for each class, and of  the  styles,  patterns,
designs  and  qualities  that  can  be  manufactured in the correctional
facilities in this state.
  3. A purchaser of any such product or services may, at any time  prior
to  or within thirty days of the time of sale, appeal the purchase price
on the basis that it unreasonably  exceeds  fair  market  price.    Such
appeal  shall be raised in a form to be provided for by the commissioner
pursuant to rule and shall include a verified  statement  setting  forth
the  basis  of  an alternative fair market price determined according to
the standards for establishing prices set forth in  subdivision  two  of
this section.
  An  appeal brought by such a purchaser as to the reasonableness of the
fair market price  established  pursuant  to  subdivision  two  of  this
section shall be decided by majority vote of a three-member price review
board  consisting  of  the  director of the budget, the commissioner [of
correctional services] and the commissioner of  the  office  of  general
services or their representatives.
  All  hearings  before such price review board shall be governed by the
rules to be adopted and prescribed by such board. The hearings  of  such
board  may,  in  the discretion of a majority of its members, be open to
the public, but shall not be bound by the technical rules  of  evidence.
The  price  review  board  shall permit the parties to such an appeal to
present such evidence, in person or  through  their  attorneys,  as  the
board  may  deem  necessary for its determination. A stenographic record
shall be kept of any proceeding before such board and  the  decision  of
the board shall be in writing and state the reasons for such decision.
  The  decision  of  such  board  as  to the reasonableness of the price
established by the commissioner shall be conclusive on all parties.   If
the board finds that a price unreasonably exceeds the fair market price,
it  may adjust the sales price with respect to such purchaser. Prices so
adjusted shall otherwise apply prospectively to  purchases  made  subse-
quent  to  such adjustment until such time as new prices are established
pursuant to subdivision two of this section.  In the event that  payment
has  been  made,  upon  such adjustment of price, any excess paid to the
state shall be refunded to such purchaser on a  voucher  signed  by  the
commissioner  within  amounts available therefor or at the option of the
purchaser, the commissioner may credit such  excess  amount  toward  any
future purchase.
  S 23. Section 190 of the correction law is amended to read as follows:
  S  190. Monthly statement of receipts and expenditures for industries.
The warden of each of the state prisons shall,  on  the  first  of  each
month,  make  a  full  detailed statement of all materials, machinery or
other property procured, and of the cost thereof, and  of  the  expendi-
tures  made  during the last preceding month for manufacturing purposes,
together with a statement of all materials then on hand to  be  manufac-
tured,  or in process of manufacture, or manufactured, and of machinery,

A. 4012--B                         104

fixtures or other appurtenances for the purpose of carrying on the labor
of the prisoners, and the amount and kinds of work done, and  the  earn-
ings  realized,  and  the  total amount of moneys coming into his OR HER
hands as such warden during such last preceding month as the proceeds of
the  labor  of  the  prisoners  at such prison, which statement shall be
verified by the oath of such warden to be just and true, and shall be by
him OR HER forwarded to the department [of correction].
  S 24. Subdivisions 1 and 2 of section 275 of the  correction  law,  as
added  by  section  1  of part SS of chapter 56 of the laws of 2009, are
amended to read as follows:
  1.  If a person who has been granted conditional release  pursuant  to
this  article resides or desires to reside in a place other than the one
located within the jurisdiction of the commission which has legal custo-
dy of such person, such commission, or any member thereof, may designate
any other commission  established  pursuant  to  this  article,  or  the
[parole  board]  DEPARTMENT, to assume custody of such person and may so
transfer custody upon the  consent  of  such  other  commission  or  the
[parole board] DEPARTMENT.
  2.  Where custody of a person who has been granted conditional release
pursuant to this article is transferred pursuant to subdivision  one  of
this  section,  upon  designation  and prior to transfer, the commission
making the designation shall notify the commission which has been desig-
nated to receive custody of such transfer or the [parole board]  DEPART-
MENT.  The  commission  making the designation shall immediately forward
its entire case record regarding such person to the receiving commission
or the [parole board] DEPARTMENT.  The commission to which legal custody
has been transferred, or the [parole board] DEPARTMENT, shall assume the
same powers and duties exercised by the designating commission and shall
have the sole custody of such person.
  S 25. Section 315 of the correction law is REPEALED.
  S 26. Article 17 of the correction law is REPEALED.
  S 27. Article 18 of the correction law is REPEALED.
  S 28. Subdivisions 2 and 3 of  section  504  of  the  correction  law,
subdivision  2  as  amended  by section 8 of part Q of chapter 56 of the
laws of 2009 and subdivision 3 as amended by chapter 799 of the laws  of
1974, are amended to read as follows:
  2. Where the jail in a county becomes unfit or unsafe for the confine-
ment of some or all of the inmates due to an inmate disturbance or other
extraordinary  circumstances,  including  but  not  limited to a natural
disaster, unanticipated deficiencies in the structural  integrity  of  a
facility  or the inability to provide one or more inmates with essential
services such as medical care, upon the request of the  municipal  offi-
cial as defined in subdivision four of section forty of this chapter and
no  other  suitable  place  within  the county nor the jail of any other
county is immediately available to house some or all of the inmates, the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION may, in his or her sole discretion,  make  available,  upon  such
terms  and conditions as he OR SHE may deem appropriate, all or any part
of a state correctional institution for the confinement of some  or  all
of  such  inmates  as  an adjunct to the county jail for a period not to
exceed thirty days.  However, if the county jail remains unfit or unsafe
for the confinement of some or all of such inmates beyond  thirty  days,
the state commission of correction, with the consent of the commissioner
of  [correctional  services]  CORRECTIONS AND COMMUNITY SUPERVISION, may
extend the availability of a state correctional institution for  one  or
more  additional  thirty day periods. The state commission of correction

A. 4012--B                         105

shall promulgate rules and regulations governing the temporary  transfer
of inmates to state correctional institutions from county jails, includ-
ing but not limited to provisions for confinement of such inmates in the
nearest correctional facility, to the maximum extent practicable, taking
into  account  necessary  security.    The commissioner of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION may, in his or her  sole
discretion,  based on standards promulgated by the department, determine
whether a county shall reimburse the state for any or all of the  actual
costs  of confinement as approved by the director of the division of the
budget. On or before the expiration of each thirty day period, the state
commission of correction must make an appropriate  designation  pursuant
to  subdivision  one  if the county jail remains unfit or unsafe for the
confinement of some or all of the inmates and consent to  the  continued
availability of a state correctional institution as required for herein.
The  superintendence,  management  and  control  of a state correctional
institution or part thereof  made  available  pursuant  hereto  and  the
inmates  housed  therein  shall  be  as  directed by the commissioner of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  3. The county clerk must serve a copy of the designation, duly  certi-
fied  by  him OR HER, under his OR HER official seal, on the sheriff and
keeper of the jail of the county designated. The sheriff of that  county
must,  upon  the  delivery  of  the  sheriff of the county for which the
designation is made, receive into his OR  HER  jail,  and  there  safely
keep, all persons who may be lawfully confined therein, pursuant to this
article; and he OR SHE is responsible for their safekeeping, as if he OR
SHE was sheriff of the county for which the designation is made.
  S  29.  The  opening  paragraph, subdivisions 2, 3, 4 and 6 of section
601-d of the correction law, as added by chapter  141  of  the  laws  of
2008, are amended to read as follows:
  This section shall apply only to inmates in the custody of the commis-
sioner,  and releasees under the supervision of the [division of parole]
DEPARTMENT, upon whom a determinate sentence was imposed between Septem-
ber first, nineteen hundred ninety-eight, and the effective date of this
section, which was required by law to include  a  term  of  post-release
supervision:
  2. Whenever it shall appear to the satisfaction of the department that
an  inmate  in its custody[,] or [to the satisfaction of the division of
parole] that a releasee under its supervision, is a  designated  person,
[such agency] THE DEPARTMENT shall make notification of that fact to the
court that sentenced such person, and to the inmate or releasee.
  3.  If a sentencing court that has received such notice, after review-
ing the sentencing minutes, if available, is or  becomes  aware  that  a
term  of  post-release  supervision  was in fact pronounced at the prior
sentencing of such person, it shall issue a superseding commitment order
reflecting that fact, accompanied by a written explanation of the  basis
for  that conclusion, and send such order and explanation to the [agency
that provided the notice] DEPARTMENT,  to  the  defendant,  and  to  the
attorney  who appeared for the defendant in connection with the judgment
or sentence or, if the defendant is currently represented concerning his
or her conviction or sentence or with respect to an appeal from  his  or
her sentence, such present counsel.
  4.  (a)  If  the  sentencing court shall not have issued a superseding
commitment order, reflecting imposition of a term of post-release super-
vision, within ten days after receiving notice pursuant  to  subdivision
two  of  this  section,  then the sentencing court shall appoint counsel
pursuant to section seven hundred twenty-two of the county law,  provide

A. 4012--B                         106

a copy of the notice pursuant to subdivision two of this section to such
counsel,  and  calendar  such  person for a court appearance which shall
occur no later than twenty days after receipt of said  notice.  At  such
court  appearance, the court shall furnish a copy of such notice and the
proceeding date pursuant to paragraph (c) of  this  subdivision  to  the
district  attorney,  the  designated  person,  assigned  counsel and the
department [or the division of parole].
  (b) The court shall promptly seek to obtain sentencing  minutes,  plea
minutes  and  any  other records and shall provide copies to the parties
and conduct any reconstruction proceedings  that  may  be  necessary  to
determine whether to resentence such person.
  (c)  The  court  shall commence a proceeding to consider resentence no
later than thirty days after receiving notice  pursuant  to  subdivision
two of this section.
  (d)  The  court  shall, no later than forty days after receipt of such
notice, issue and enter a written determination  and  order,  copies  of
which shall be immediately provided to the district attorney, the desig-
nated  person, his or her counsel and the department [or the division of
parole] along with any sentencing minutes pursuant to section 380.70  of
the criminal procedure law.
  (e)  The  designated  person  may,  with counsel, knowingly consent to
extend the time periods specified in paragraphs  (c)  and  (d)  of  this
subdivision.  The  people may apply to the court for an extension of ten
days on the basis of extraordinary  circumstances  that  preclude  final
resolution  within  such period of the question of whether the defendant
will be resentenced. The department [or the division of parole] shall be
notified by the court of any such extension.
  6. In any case in which the department [or division of  parole]  noti-
fies  the  court  of a designated person, and has not been informed that
the court has made a determination in accordance with paragraph  (d)  of
subdivision  four of this section (unless extended pursuant to paragraph
(e) of such subdivision), [then such agency] THE DEPARTMENT  may  notify
the  court  that  it has not received a determination and, in any event,
shall adjust its records with respect to post-release supervision noting
that the court has not, in accordance  with  subdivision  four  of  this
section, imposed a sentence of post-release supervision.
  S  30. Section 605-a of the correction law, as added by chapter 476 of
the laws of 1970, is amended to read as follows:
  S 605-a. Transportation of female inmates.  Whenever any female inmate
is conveyed to an institution [in] UNDER THE JURISDICTION OF  the  state
department  of [correction] CORRECTIONS AND COMMUNITY SUPERVISION pursu-
ant to sentence or commitment, such female inmate shall  be  accompanied
by at least one female officer.
  S  31.  Section  619 of the correction law, as added by chapter 911 of
the laws of 1983, is amended to read as follows:
  S 619. Cooperation with  authorized  agencies  of  the  department  of
social  services. It shall be the duty of an official of any institution
under the jurisdiction of the commissioner  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION to cooperate with an authorized
agency of the department of social services in making suitable  arrange-
ments  for  an  inmate  confined  therein to visit with his or her child
pursuant to subdivision seven of section three hundred eighty-four-b  of
the social services law.
  S  32.  Subdivisions  1, 4 and 6 of section 702 of the correction law,
subdivisions 1 and 4 as amended by chapter 342 of the laws of  1972  and

A. 4012--B                         107

subdivision 6 as amended by chapter 720 of the laws of 2006, are amended
to read as follows:
  1. Any court of this state may, in its discretion, issue a certificate
of  relief  from  disabilities  to an eligible offender for a conviction
that occurred in such court, if the court either (a) imposed a  [revoka-
ble]  REVOCABLE  sentence  or  (b)  imposed  a  sentence  other than one
executed by commitment to an institution under the jurisdiction  of  the
state  department  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION.  Such certificate may be issued (i) at the time sentence is
pronounced, in which case it may grant relief from forfeitures, as  well
as  from  disabilities, or (ii) at any time thereafter, in which case it
shall apply only to disabilities.
  4. Where the court has imposed a [revokable]  REVOCABLE  sentence  and
the certificate of relief from disabilities is issued prior to the expi-
ration  or  termination  of  the  time  which  the court may revoke such
sentence, the certificate shall be deemed to be a temporary  certificate
until  such  time  as  the  court's authority to revoke the sentence has
expired or is terminated. While temporary, such certificate (a)  may  be
revoked  by  the  court for violation of the conditions of the sentence,
and (b) shall be revoked by the court if it  revokes  the  sentence  and
commits the person to an institution under the jurisdiction of the state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION.  Any such revocation shall be upon notice and after an  opportu-
nity  to be heard. If the certificate is not so revoked, it shall become
a permanent certificate upon expiration or termination  of  the  court's
authority to revoke the sentence.
  6.  Any written report submitted to the court pursuant to this section
is confidential and may not be made available to any person or public or
private agency except where specifically required or permitted by  stat-
ute  or  upon  specific  authorization  of  the court. However, upon the
court's receipt of such report, the court shall provide a copy  of  such
report, or direct that such report be provided to the applicant's attor-
ney,  or  the  applicant  himself,  if he OR SHE has no attorney. In its
discretion, the court may except from disclosure a part or parts of  the
report  which  are  not  relevant  to  the granting of a certificate, or
sources of information which have been obtained on a promise  of  confi-
dentiality,  or any other portion thereof, disclosure of which would not
be in the interest of justice. The action of the court excepting  infor-
mation  from disclosure shall be subject to appellate review. The court,
in its discretion, may hold a conference in open court or in chambers to
afford an applicant an opportunity to controvert or to comment upon  any
portions  of the report. The court may also conduct a summary hearing at
the conference on any matter relevant to the granting of the application
and may take testimony under oath.
  S 33. Intentionally omitted.
  S 34. Section 703 of the correction law, as amended by chapter 342  of
the  laws  of 1972, the section heading as amended by chapter 931 of the
laws of 1976, subdivision 1 as amended by chapter 475  of  the  laws  of
1974,  subdivision  6  as  added  by chapter 378 of the laws of 1988 and
subdivision 7 as added by section 3 of part OO of chapter 56 of the laws
of 2010, is amended to read as follows:
  S 703. Certificates of relief from disabilities issued by  the  [board
of  parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.  1. The
[state board of parole] DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPER-
VISION  shall have the power to issue a certificate of relief from disa-
bilities to:

A. 4012--B                         108

  (a) any eligible offender who has been  committed  to  an  institution
under   the  jurisdiction  of  the  state  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.   Such certificate  may
be issued by the [board] DEPARTMENT at the time the offender is released
from  such  institution  under the [board's] DEPARTMENT'S supervision or
otherwise or at any time thereafter;
  (b) any eligible offender who resides  within  this  state  and  whose
judgment  of  conviction  was rendered by a court in any other jurisdic-
tion.
  2. Where the [board of parole] DEPARTMENT has issued a certificate  of
relief from disabilities, the [board] DEPARTMENT may at any time issue a
new certificate enlarging the relief previously granted.
  3.  The [board of parole] DEPARTMENT shall [not] issue [any] A certif-
icate of relief from disabilities pursuant to subdivisions one  or  two,
[unless] WHEN the [board] DEPARTMENT is satisfied that:
  (a) The person to whom it is to be granted is an eligible offender, as
defined in section seven hundred;
  (b) The relief to be granted by the certificate is consistent with the
rehabilitation of the eligible offender; and
  (c) The relief to be granted by the certificate is consistent with the
public interest.
  4. Any certificate of relief from disabilities issued by the [board of
parole]  DEPARTMENT  to an eligible offender who at time of the issuance
of the certificate is  under  the  [board's]  DEPARTMENT'S  supervision,
shall  be  deemed  to  be a temporary certificate until such time as the
eligible offender is discharged from the [board's]  DEPARTMENT'S  super-
vision,  and,  while  temporary,  such certificate may be revoked by the
[board] DEPARTMENT  for  violation  of  the  conditions  of  [parole  or
release]  COMMUNITY SUPERVISION.  Revocation shall be upon notice to the
[parolee] RELEASEE, who shall be accorded an opportunity to explain  the
violation  prior  to  decision  thereon.  If  the  certificate is not so
revoked, it shall become a  permanent  certificate  upon  expiration  or
termination  of the [board's] DEPARTMENT'S jurisdiction over the [offen-
der] INDIVIDUAL.
  5. In granting or revoking a certificate of relief  from  disabilities
the  action  of  the  [board of parole shall be by unanimous vote of the
members authorized to grant or revoke parole.  Such  action]  DEPARTMENT
shall  be deemed a judicial function and shall not be reviewable if done
according to law.
  6. For the purpose of determining whether such  certificate  shall  be
issued,  the  [board]  DEPARTMENT  may  conduct  an investigation of the
applicant.
  7. Presumption based on federal recommendation. Where a certificate of
relief from disabilities is sought pursuant to paragraph (b) of subdivi-
sion one of this section on a  judgment  of  conviction  rendered  by  a
federal  district  court in this state and the [board of parole] DEPART-
MENT is in receipt of a written recommendation in favor of the  issuance
of  such  certificate  from the chief probation officer of the district,
the [board] DEPARTMENT shall issue the requested certificate, unless  it
finds  that  the requirements of paragraphs (a), (b) and (c) of subdivi-
sion three of this section have not been satisfied; or that  the  inter-
ests  of  justice  would  not be advanced by the issuance of the certif-
icate.
  S 35. Section 703-b of the correction law, as added by chapter 931  of
the  laws  of 1976, subdivisions 1 and 3 as amended by, subdivision 2 as

A. 4012--B                         109

added by and subdivisions 4 and 5 as renumbered by chapter  386  of  the
laws of 1985, is amended to read as follows:
  S  703-b. Issuance of certificate of good conduct. 1. The [state board
of parole, or any three members thereof by unanimous  vote,]  DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION shall have the power to issue a
certificate  of  good  conduct  to  any person previously convicted of a
crime in this state, when the [board] DEPARTMENT is satisfied that:
  (a) The applicant  has  conducted  himself  OR  HERSELF  in  a  manner
warranting  such  issuance  for  a minimum period in accordance with the
provisions of subdivision three of this section;
  (b) The relief to be granted by the certificate is consistent with the
rehabilitation of the applicant; and
  (c) The relief to be granted is consistent with the public interest.
  2. The [state board of parole, or any three members thereof by  unani-
mous  vote,]  DEPARTMENT  shall have the power to issue a certificate of
good conduct to any person previously convicted of a crime in any  other
jurisdiction, when the [board] DEPARTMENT is satisfied that:
  (a) The applicant has demonstrated that there exist specific facts and
circumstances,  and specific sections of New York state law that have an
adverse impact on the applicant and warrant the application  for  relief
to be made in New York; and
  (b)  The  provisions of paragraphs (a), (b) and (c) of subdivision one
of this section have been met.
  3. The minimum period of good conduct by the individual referred to in
paragraph (a) of subdivision one of this section, shall be  as  follows:
where  the most serious crime of which the individual was convicted is a
misdemeanor, the minimum period of good conduct shall be one year; where
the most serious crime of which the individual was convicted is a  class
C,  D  or  E  felony,  the minimum period of good conduct shall be three
years; and, where the most serious crime of  which  the  individual  was
convicted  is  a class B or A felony, the minimum period of good conduct
shall be five years. Criminal acts committed outside the state shall  be
classified  as  acts  committed  within  the  state based on the maximum
sentence that could have been imposed based upon such conviction  pursu-
ant  to  the  laws  of such foreign jurisdiction. Such minimum period of
good conduct by the individual shall be measured either from the date of
the payment of any fine imposed upon him OR HER  or  the  suspension  of
sentence,  or from the date of his OR HER unrevoked release from custody
by parole, commutation or  termination  of  his  OR  HER  sentence.  The
[board] DEPARTMENT shall have power and it shall be its duty to investi-
gate  all persons when such application is made and to grant or deny the
same within a reasonable time after the making of the application.
  4. Where the [board of parole] DEPARTMENT has issued a certificate  of
good conduct, the [board] DEPARTMENT may at any time issue a new certif-
icate enlarging the relief previously granted.
  5. Any certificate of good conduct by the [board of parole] DEPARTMENT
to an individual who at time of the issuance of the certificate is under
the  [board's]  DEPARTMENT'S supervision, shall be deemed to be a tempo-
rary certificate until such time as the individual  is  discharged  from
the  [board's]  DEPARTMENT'S  supervision,  and,  while  temporary, such
certificate may be revoked by the [board] DEPARTMENT  for  violation  of
the conditions of [parole or release] COMMUNITY SUPERVISION.  Revocation
shall be upon notice to the [parolee] RELEASEE, who shall be accorded an
opportunity  to  explain the violation prior to decision thereon. If the
certificate is not so revoked, it shall become a  permanent  certificate

A. 4012--B                         110

upon  expiration  or termination of the [board's] DEPARTMENT'S jurisdic-
tion over the individual.
  S  36.  Section  705 of the correction law, as added by chapter 654 of
the laws of 1966, subdivision 1 as amended by section 49 of  part  A  of
chapter 56 of the laws of 2010, is amended to read as follows:
  S  705. Forms and filing. 1. All applications, certificates and orders
of revocation necessary for the purposes of this article shall  be  upon
forms  prescribed  pursuant to agreement among the state commissioner of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  the
chairman of the state board of parole and the administrator of the state
judicial  conference. Such forms relating to certificates of relief from
disabilities shall be distributed by the office of probation and correc-
tional alternatives and forms relating to certificates of  good  conduct
shall  be  distributed  by the [chairman of the board of parole] COMMIS-
SIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  2. Any court or [board] DEPARTMENT issuing or revoking any certificate
pursuant to this article shall immediately file a copy  of  the  certif-
icate,  or of the order of revocation, with the New York state identifi-
cation and intelligence system.
  S 37. Paragraphs (a), (b) and (c) of subdivision 1 and subdivisions 3,
4 and 5 of section 803 of the correction law, paragraph (a) of  subdivi-
sion 1, subdivisions 3, 4 and 5 as amended and paragraphs (b) and (c) of
subdivision  1 as added by chapter 3 of the laws of 1995, are amended to
read as follows:
  (a) Every person confined in an institution of  the  department  or  a
facility in the department of mental hygiene serving an indeterminate or
determinate sentence of imprisonment, except a person serving a sentence
with  a  maximum  term  of life imprisonment, may receive time allowance
against the term or maximum term of his OR HER sentence imposed  by  the
court.  Such  allowances  may be granted for good behavior and efficient
and willing performance of duties assigned or progress  and  achievement
in  an  assigned  treatment  program,  and may be withheld, forfeited or
canceled in whole or in part for bad  behavior,  violation  of  institu-
tional  rules  or  failure  to perform properly in the duties or program
assigned.
  (b) A person serving an indeterminate  sentence  of  imprisonment  may
receive  time  allowance against the maximum term of his OR HER sentence
not to exceed one-third of the maximum term imposed by the court.
  (c) A person  serving  a  determinate  sentence  of  imprisonment  may
receive  time  allowance  against the term of his OR HER sentence not to
exceed one-seventh of the term imposed by the court.
  3. The commissioner of [correctional services] CORRECTIONS AND  COMMU-
NITY  SUPERVISION  shall promulgate rules and regulations for the grant-
ing, withholding, forfeiture, cancellation and restoration of allowances
authorized by this section in accordance with the criteria herein speci-
fied. Such rules and regulations shall  include  provisions  designating
the  person  or  committee in each correctional institution delegated to
make discretionary determinations with respect to  the  allowances,  the
books and records to be kept, and a procedure for review of the institu-
tional determinations by the commissioner.
  4.  No person shall have the right to demand or require the allowances
authorized by this section. The decision of the commissioner of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION as to the  grant-
ing, withholding, forfeiture, cancellation or restoration of such allow-
ances  shall  be final and shall not be reviewable if made in accordance
with law.

A. 4012--B                         111

  5. Time allowances granted prior to any release [on parole or prior to
any conditional release] TO COMMUNITY SUPERVISION shall be forfeited and
shall not be restored if the [paroled or conditionally] released  person
is  returned  to  an  institution  under  the  jurisdiction of the state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION for violation of [parole, violation of the conditions of release]
COMMUNITY SUPERVISION or by reason of a conviction for a crime committed
while on [parole or  conditional  release]  COMMUNITY  SUPERVISION.    A
person who is so returned may, however, subsequently receive time allow-
ances  against the remaining portion of his OR HER term, maximum term or
aggregate maximum term  pursuant  to  this  section  and  provided  such
remaining portion of his OR HER term, maximum term, or aggregate maximum
term is more than one year.
  S 38. Subdivisions 3, 4 and 5 of section 803 of the correction law, as
amended  by  chapter  126  of  the  laws of 1987, are amended to read as
follows:
  3. The commissioner of [correctional services] CORRECTIONS AND  COMMU-
NITY  SUPERVISION  shall promulgate rules and regulations for the grant-
ing, withholding, forfeiture, cancellation and restoration of allowances
authorized by this section in accordance with the criteria herein speci-
fied. Such rules and regulations shall  include  provisions  designating
the  person  or  committee in each correctional institution delegated to
make discretionary determinations with respect to  the  allowances,  the
books and records to be kept, and a procedure for review of the institu-
tional determinations by the commissioner.
  4.  No person shall have the right to demand or require the allowances
authorized by this section. The decision of the commissioner of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION as to the  grant-
ing, withholding, forfeiture, cancellation or restoration of such allow-
ances  shall  be final and shall not be reviewable if made in accordance
with law.
  5. Time allowances granted prior to any release [on parole or prior to
any conditional release] TO COMMUNITY SUPERVISION shall be forfeited and
shall not be restored if the [paroled or conditionally] released  person
is  returned  to  an  institution  under  the  jurisdiction of the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION for violation of [parole, violation of the conditions of release]
COMMUNITY SUPERVISION or by reason of a conviction for a crime committed
while  on  [parole  or  conditional  release] COMMUNITY SUPERVISION.   A
person who is so returned may, however, subsequently receive time allow-
ances against the remaining portion of his maximum or aggregate  maximum
term  or period not to exceed in the aggregate one-third of such portion
provided such remaining portion of his OR HER maximum or aggregate maxi-
mum term or period is more than one year.
  S 39. Subdivision 6 of section 804 of the correction law, as added  by
chapter 680 of the laws of 1967, is amended to read as follows:
  6.  Notwithstanding  anything  to the contrary in this section, in any
case where a person is serving a definite  sentence  in  an  institution
under   the   jurisdiction  of  the  state  department  of  [correction]
CORRECTIONS AND COMMUNITY SUPERVISION, subdivisions three  and  four  of
section eight hundred three of this chapter shall apply.
  S  40.  Subdivisions  3 and 6 of section 806 of the correction law, as
added by section 5 of part E of chapter 62 of  the  laws  of  2003,  are
amended to read as follows:
  3.  Any  inmate  eligible  for  presumptive  release  pursuant to this
section shall be required to apply for such release pursuant to  section

A. 4012--B                         112

[two  hundred  fifty-nine-g  of the executive law. Upon release from the
department of correctional services, such person shall be in  the  legal
custody  of  the  division  of  parole  as provided in subdivisions two,
three,  four, five, six and seven of section two hundred fifty-nine-i of
the executive law] TWO HUNDRED SIX OF THIS CHAPTER.
  6. Any eligible inmate who is not released pursuant to subdivision one
or two of this section shall be considered for discretionary release  on
parole  pursuant to the provisions of section eight hundred five of this
article or section two hundred [fifty-nine-i] FIFTY-NINE-B of the execu-
tive law, whichever is applicable.
  S 41. Subdivision 1 of section 851 of the correction law,  as  amended
by chapter 554 of the laws of 1986, is amended to read as follows:
  1.  "Institution"  means any institution under the jurisdiction of the
state department of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION or an institution designated by the commissioner pursuant to
section seventy-two-a of this chapter.
  S 41-a. Subdivision 1 of section 851 of the correction law, as amended
by chapter 691 of the laws of 1977, is amended to read as follows:
  1.  "Institution"  means any institution under the jurisdiction of the
state department of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION.
  S  41-b.  Subdivision 1 of section 851 of the correction law, as added
by chapter 472 of the laws of 1969, is amended to read as follows:
  1. "Institution" means any institution under the jurisdiction  of  the
state department of [correction] CORRECTIONS AND COMMUNITY SUPERVISION.
  S  42.  The  closing  paragraph of subdivision 2 of section 851 of the
correction law, as added by chapter 3 of the laws of 1995, is amended to
read as follows:
  The governor, by executive order, may exclude  or  limit  the  partic-
ipation of any class of otherwise eligible inmates from participation in
a  temporary  release  program.  Nothing  in  this  paragraph  shall  be
construed to affect either the validity of any executive order previous-
ly issued limiting the participation of otherwise  eligible  inmates  in
such  program or the authority of the commissioner [of the department of
correctional services] to impose appropriate regulations  limiting  such
participation.
  S  43.  The  closing  paragraph of subdivision 2 of section 851 of the
correction law, as added by chapter 3 of the laws of 1995, is amended to
read as follows:
  The governor, by executive order, may exclude  or  limit  the  partic-
ipation of any class of otherwise eligible inmates from participation in
a  temporary  release  program.  Nothing  in  this  paragraph  shall  be
construed to affect either the validity of any executive order previous-
ly issued limiting the participation of otherwise  eligible  inmates  in
such  program or the authority of the commissioner [of the department of
correctional services] to impose appropriate regulations  limiting  such
participation.
  S  43-a.  Subdivision 5 of section 851 of the correction law, as added
by chapter 472 of the laws of 1969, is amended to read as follows:
  5. "Work release committee" means  the  body  of  persons,  which  may
include members of the public, appointed pursuant to regulations promul-
gated  by  the commissioner [of correction] for the purpose of formulat-
ing, modifying and revoking work release programs at an institution.
  S 44. Subdivision 5 of section 852 of the correction law,  as  amended
by chapter 495 of the laws of 1981, is amended to read as follows:

A. 4012--B                         113

  5.  All  inmates  participating in temporary release programs shall be
assigned to parole officers for supervision. [Such parole officers shall
be responsible to the division of parole for the  purpose  of  providing
such  supervision.  The  division shall provide to the department super-
vision  in  accordance  with the contract required by subdivision six of
this section.] As part of [its] THE PAROLE OFFICER'S  supervisory  func-
tions  [the division] HE OR SHE shall be required to provide reports [to
the department] every two months on each inmate under [its] HIS  OR  HER
supervision. Such reports shall include but not be limited to:
  (a) an evaluation of the individual's participation in such program;
  (b)  a statement of any problems and the manner in which such problems
were  resolved  relative  to  an  individual's  participation  in   such
programs; and
  (c)  a  recommendation  with  respect  to  the  individual's continued
participation in the program.
  S 44-a. Subdivision  6  of  section  852  of  the  correction  law  is
REPEALED.
  S  45. Subdivision 2 of section 852 of the correction law, as added by
chapter 472 of the laws of 1969, is amended to read as follows:
  2. The [division of parole] DEPARTMENT shall be responsible for secur-
ing appropriate education, on-the-job training and  employment  opportu-
nities  for  [eligbile]  ELIGIBLE inmates[. The division also] AND shall
supervise inmates during their participation in  work  release  programs
outside the premises of institutions.
  S  46. Subdivision 2 of section 856 of the correction law, as added by
chapter 472 of the laws of 1969, is amended to read as follows:
  2. If the inmate violates any provision of the program, or any rule or
regulation promulgated by the commissioner of  [correction]  CORRECTIONS
AND  COMMUNITY  SUPERVISION for conduct of inmates participating in work
release programs, he OR SHE shall be subject to disciplinary measures to
the same extent as if he OR SHE violated a rule  or  regulation  of  the
commissioner  for conduct of inmates within the premises of the institu-
tion.
  S 47. Subdivision 6 of section 855 of the correction law,  as  amended
by chapter 843 of the laws of 1980, is amended to read as follows:
  6. In order for an applicant to accept a program of temporary release,
such  inmate  shall  agree  to  be bound by all the terms and conditions
thereof and shall indicate such agreement by signing the  memorandum  of
the  program immediately below a statement reading as follows: "I accept
the foregoing program and agree to be bound by the terms and  conditions
thereof.  I understand that I will be under the supervision of the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  while I am away from the premises of the institution and I agree
to comply with the instructions of any parole officer or other  employee
of the department assigned to supervise me. I understand that my partic-
ipation  in the program is a privilege which may be revoked at any time,
and that if I violate any provision of the program I may be  taken  into
custody  by any peace officer or police officer and I will be subject to
disciplinary procedures. I further understand that  if  I  intentionally
fail to return to the institution at or before the time specified in the
memorandum  I  may be found guilty of a felony." Such agreement shall be
placed on file at the institution from which such temporary  release  is
granted.
  S 48. Subdivisions 2, 3 and 4 of section 855 of the correction law, as
added  by  chapter  472  of  the  laws  of  1969, are amended to read as
follows:

A. 4012--B                         114

  2. If the work  release  committee  determines  that  a  work  release
program  for the applicant is consistent with the safety of the communi-
ty, is in the best interests of rehabilitation of the applicant, and  is
consistent   with   rules   and  regulations  of  the  commissioner  [of
correction],  the  committee[,  with  the  assistance of the division of
parole,] shall develop a suitable program of work release for the appli-
cant.
  3. The committee shall then prepare a  memorandum  setting  forth  the
details  of  the  work release program, including the extended bounds of
confinement and any other matter required by rules or regulations of the
commissioner [of correction]. Such memorandum shall  be  transmitted  to
the warden who may approve or reject the program. If the warden approves
the  program, he OR SHE shall indicate such approval in writing by sign-
ing the memorandum. If the warden rejects  the  program,  such  decision
shall be reviewed by the commissioner [of correction].
  4.  In  order for an applicant to accept a program of work release, he
OR SHE shall agree to be bound by all the terms and  conditions  thereof
and  shall  indicate  such  agreement  by  signing the memorandum of the
program immediately below a statement reading as follows: "I accept  the
foregoing  program  and  agree  to  be bound by the terms and conditions
thereof. I understand that I will be under the supervision of the [State
Division of Parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION
while  I  am  away  from  the premises of the institution and I agree to
comply with the instructions of any parole officer assigned to supervise
me. I will carry a copy of this memorandum on my  person  at  all  times
while  I am away from the premises of the institution and I will exhibit
it to any peace officer upon his OR HER request. I  understand  that  my
participation  in the program is a privilege which may be revoked at any
time, and that if I violate any provision of the program I may be  taken
into  custody by any peace officer and I will be subject to disciplinary
procedures. I further understand that if I intentionally fail to  return
to  the  institution at or before the time specified in the memorandum I
may be found guilty of a felony."
  S 49. The opening paragraph of subdivision 1 of section  1304  of  the
abandoned  property  law, as amended by chapter 471 of the laws of 1980,
is amended to read as follows:
  The  following  unclaimed  property  belonging  or   credited   to   a
discharged,  deceased  or  escaped  person  in  an institution under the
jurisdiction of the department of social  services,  the  department  of
health,  the  department of mental hygiene, the executive department, or
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION shall be deemed abandoned property:
  S 50. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever-
age  control  law, subdivisions 1 and 4 as amended by chapter 366 of the
laws of 1992 and subdivision 1-a as amended by chapter 367 of  the  laws
of 1992, are amended to read as follows:
  1.  Except  as provided in subdivision one-a of this section, a person
who has been convicted of a felony or any of the misdemeanors  mentioned
in  section eleven hundred forty-six of the former penal law as in force
and effect  immediately  prior  to  September  first,  nineteen  hundred
sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
penal  law,  unless subsequent to such conviction such person shall have
received an  executive  pardon  therefor  removing  this  disability,  a
certificate  of good conduct granted by the [board of parole] DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION, or  a  certificate  of  relief
from  disabilities  granted  by  the  [board  of  parole]  DEPARTMENT OF

A. 4012--B                         115

CORRECTIONS AND COMMUNITY SUPERVISION or a court of this state  pursuant
to  the  provisions  of  article  twenty-three  of the correction law to
remove the disability under this section because of such conviction.
  1-a. Notwithstanding the provision of subdivision one of this section,
a  corporation holding a license to traffic in alcoholic beverages shall
not, upon conviction of a felony or any of the misdemeanors or  offenses
described in subdivision one of this section, be automatically forbidden
to  traffic in alcoholic beverages, but the application for a license by
such a corporation shall be subject to denial, and the license of such a
corporation shall be subject to revocation or suspension by the authori-
ty pursuant to section one hundred eighteen of this chapter,  consistent
with the provisions of article twenty-three-A of the correction law. For
any  felony  conviction by a court other than a court of this state, the
authority may request the [board of parole]  DEPARTMENT  OF  CORRECTIONS
AND  COMMUNITY  SUPERVISION  to  investigate  and  review  the facts and
circumstances concerning such a conviction, and [the  board  of  parole]
SUCH  DEPARTMENT  shall,  if  so  requested,  submit its findings to the
authority as to whether the corporation has conducted itself in a manner
such that discretionary review by the authority would not be  inconsist-
ent  with  the  public  interest. The [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION may charge the licensee or  appli-
cant  a  fee  equivalent to the expenses of an appropriate investigation
under this subdivision. For any conviction rendered by a court  of  this
state,  the authority may request the corporation, if the corporation is
eligible for a certificate of relief from disabilities, to seek  such  a
certificate  from  the court which rendered the conviction and to submit
such a certificate as part of the authority's discretionary review proc-
ess.
  4. A copartnership or a corporation, unless each member of  the  part-
nership,  or  each of the principal officers and directors of the corpo-
ration, is a citizen of the United States or an alien lawfully  admitted
for  permanent  residence in the United States, not less than twenty-one
years of age, and has not been convicted of any felony  or  any  of  the
misdemeanors,  specified  in  section  eleven  hundred  forty-six of the
former penal law as in force and effect immediately prior  to  September
first, nineteen hundred sixty-seven, or of an offense defined in section
230.20  or  230.40  of  the  penal law, or if so convicted has received,
subsequent to such conviction, an  executive  pardon  therefor  removing
this  disability  a certificate of good conduct granted by the [board of
parole] DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  or  a
certificate of relief from disabilities granted by the [board of parole]
DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION or a court of this
state  pursuant  to  the  provisions  of  article  twenty-three  of  the
correction  law  to  remove the disability under this section because of
such conviction; provided however that  a  corporation  which  otherwise
conforms to the requirements of this section and chapter may be licensed
if  each  of its principal officers and more than one-half of its direc-
tors are citizens of the United States or aliens lawfully  admitted  for
permanent  residence  in  the United States; and provided further that a
corporation organized under the not-for-profit corporation  law  or  the
education  law  which  otherwise  conforms  to  the requirements of this
section and chapter may be licensed if each of  its  principal  officers
and  more  than  one-half  of its directors are not less than twenty-one
years of age and none of its directors are less than eighteen  years  of
age;  and  provided  further that a corporation organized under the not-
for-profit corporation law or the education law and located on the prem-

A. 4012--B                         116

ises of a college as defined by section two of the education  law  which
otherwise  conforms  to the requirements of this section and chapter may
be licensed if each of its principal officers and each of its  directors
are not less than eighteen years of age.
  S  51.  Subparagraph (i) of paragraph 1 and paragraph 3 of subdivision
(f) of section 1101 of the civil practice law and  rules,  as  added  by
section  1  of part D of chapter 412 of the laws of 1999, are amended to
read as follows:
  (i) in the case of a state inmate who has been transferred from anoth-
er state correctional facility, the court  shall  obtain  a  trust  fund
account  statement  for  the six month period from the central office of
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION in Albany; or
  3.  The  institution  at  which  an inmate is confined, or the central
office for the department of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION,  whichever is applicable, shall promptly provide
the trust fund account statement to  the  inmate  as  required  by  this
subdivision.
  S  52. Section 5011 of the civil practice law and rules, as amended by
section 50 of part A-1 of chapter 56 of the laws of 2010, is amended  to
read as follows:
  S 5011. Definition and content of judgment. A judgment is the determi-
nation  of  the rights of the parties in an action or special proceeding
and may be either interlocutory or final. A judgment shall refer to, and
state the result of, the verdict or decision, or recite the default upon
which it is based. A judgment may direct  that  property  be  paid  into
court  when  the  party  would not have the benefit or use or control of
such property or where special  circumstances  make  it  desirable  that
payment  or  delivery to the party entitled to it should be withheld. In
any case where damages are awarded to an inmate serving  a  sentence  of
imprisonment  with  the  state  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION or to a  prisoner  confined  at  a
local  correctional facility, the court shall give prompt written notice
to the office of victim services, and at the same time shall direct that
no payment be made to such inmate or prisoner for  a  period  of  thirty
days following the date of entry of the order containing such direction.
  S  53.  Subdivision  1  of  section  50-a  of the civil rights law, as
amended by chapter 137 of the laws  of  2002,  is  amended  to  read  as
follows:
  1.  All  personnel  records[,]  used  to  evaluate  performance toward
continued employment or promotion, under the control of any police agen-
cy or department of the  state  or  any  political  subdivision  thereof
including  authorities or agencies maintaining police forces of individ-
uals defined as police officers in section 1.20 of the  criminal  proce-
dure  law  and  such  personnel records under the control of a sheriff's
department or a department of  correction  of  individuals  employed  as
correction  officers  and  such personnel records under the control of a
paid fire department or force of individuals employed as firefighters or
firefighter/paramedics and such personnel records under the  control  of
the  [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION for individuals defined as peace officers  pursuant  to  subdivi-
sions  twenty-three  and  twenty-three-a of section 2.10 of the criminal
procedure law shall  be  considered  confidential  and  not  subject  to
inspection  or review without the express written consent of such police
officer, firefighter, firefighter/paramedic, correction officer or peace

A. 4012--B                         117

officer within the [division of parole] DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY SUPERVISION except as may be mandated by lawful court order.
  S  54. Subdivision 2 of section 61 of the civil rights law, as amended
by chapter 320 of the laws of 2006, is amended to read as follows:
  2. If the petitioner stands convicted of a violent felony  offense  as
defined in section 70.02 of the penal law or a felony defined in article
one  hundred  twenty-five of such law or any of the following provisions
of such law sections 130.25, 130.30,  130.40,  130.45,  255.25,  255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
subdivision  two  of section 230.30 or 230.32, and is currently confined
as an inmate in any correctional facility or currently under the  super-
vision  of  the [state division of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION or a county probation department as  a  result  of
such  conviction,  the  petition  shall for each such conviction specify
such felony conviction, the date of such conviction or convictions,  and
the court in which such conviction or convictions were entered.
  S  55. Subdivision 2 of section 62 of the civil rights law, as amended
by chapter 320 of the laws of 2006, is amended to read as follows:
  2. If the petition be  to  change  the  name  of  a  person  currently
confined  as  an  inmate in any correctional facility or currently under
the  supervision  of  the  [state  division  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY SUPERVISION or a county probation department
as a result of a conviction for a violent felony offense as  defined  in
section  70.02  of  the  penal  law  or  a felony defined in article one
hundred twenty-five of such law or any of the  following  provisions  of
such  law  sections  130.25,  130.30,  130.40,  130.45,  255.25, 255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
subdivision two of section 230.30 or 230.32,  notice  of  the  time  and
place  when and where the petition will be presented shall be served, in
like manner as a notice of a motion upon an attorney in an action,  upon
the  district  attorney  of  every  county in which such person has been
convicted of such felony and upon the  court  or  courts  in  which  the
sentence for such felony was entered. Unless a shorter period of time is
ordered  by  the  court,  said  notice  shall  be  served upon each such
district attorney and court or courts not less than sixty days prior  to
the date on which such petition is noticed to be heard.
  S  56.  Subdivision 2 and paragraph (a) of subdivision 3 of section 79
of the civil rights law, as amended by chapter 687 of the laws of  1973,
are amended to read as follows:
  2.  A sentence of imprisonment in a state correctional institution for
any term less than for life or a sentence of  imprisonment  in  a  state
correctional  institution for an indeterminate term, having a minimum of
one day and a maximum of natural life shall not be deemed to suspend the
right or capacity of any person so sentenced to commence  and  prosecute
an  action or proceeding in any court within this state or before a body
or officer exercising judicial, quasi-judicial or  administrative  func-
tions  within  this  state; provided, however, that where at the time of
the commencement and during the prosecution of such action or proceeding
such person is an inmate of a state correctional institution,  he  shall
not  appear  at  any  place  other  than  within the institution for any
purpose related to such action or  proceeding  unless  upon  a  subpoena
issued by the court before whom such action or proceeding is pending or,
where  such  action  or  proceeding is pending before a body or officer,
before a judge to whom a petition for habeas corpus could be made  under
subdivision  (b) of section seven thousand two of the civil practice law
and rules upon motion of any party and upon a  determination  that  such

A. 4012--B                         118

person's  appearance  is essential to the proper and just disposition of
the action or proceeding. Unless the court orders  otherwise,  a  motion
for  such  subpoena  shall  be  made on at least two days' notice to the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION.
  (a) Except as provided in paragraph (b), the state shall not be liable
for  any expense of or related to any such action or proceeding, includ-
ing but not limited to the expense of or  related  to  transporting  the
inmate to, or lodging or guarding him at any place other than in a state
correctional  institution.  The [Department] DEPARTMENT of [Correctional
Services] CORRECTIONS AND COMMUNITY SUPERVISION shall not be required to
perform any services related to such action or proceeding, including but
not limited to transporting the inmate to or lodging or guarding him  at
any  place  other than a state correctional institution unless and until
the [Department] DEPARTMENT has received payment for such services.
  S 57. Subdivisions 1 and 2 and  paragraph  (a)  of  subdivision  3  of
section  79-a of the civil rights law, subdivision 1 as amended by chap-
ter 118 of the laws of 1981 and  subdivision  2  and  paragraph  (a)  of
subdivision  3  as added by chapter 687 of the laws of 1973, are amended
to read as follows:
  1. Except  as  provided  in  subdivisions  two  and  three,  a  person
sentenced  to  imprisonment  for life is thereafter deemed civilly dead;
provided, that such a person  may  marry  while  on  [parole]  COMMUNITY
SUPERVISION, or after he OR SHE has been discharged from [parole] COMMU-
NITY  SUPERVISION, if otherwise capable of contracting a valid marriage.
A marriage contracted pursuant to this section by a person while  he  OR
SHE is on [parole] COMMUNITY SUPERVISION, without prior written approval
of  the  [board  of  parole]  COMMISSIONER  OF CORRECTIONS AND COMMUNITY
SUPERVISION, shall be ground for revocation of  the  [parole]  COMMUNITY
SUPERVISION.  This section shall not be deemed to impair the validity of
a  marriage  between a person sentenced to imprisonment for life and his
OR HER spouse.
  2. A sentence to imprisonment for life shall not be deemed to  suspend
the  right or capacity of any person so sentenced to commence, prosecute
or defend an action or proceeding in any  court  within  this  state  or
before a body or officer exercising judicial, quasi-judicial or adminis-
trative  functions  within  this state; provided, however, that where at
the time of the commencement and during the prosecution  or  defense  of
such  action  or  proceeding such person is an inmate of a state correc-
tional institution, he OR SHE shall not appear at any place  other  than
within  the  institution  for  any  purpose  related  to  such action or
proceeding unless upon a subpoena issued by the court before  whom  such
action  or  proceeding is pending or, where such action or proceeding is
pending before a body or officer, before a judge to whom a petition  for
habeas corpus could be made under subdivision (b) of section seven thou-
sand  two  of  the civil practice law and rules upon motion of any party
and upon a determination that such person's appearance is  essential  to
the  proper and just disposition of the action or proceeding. Unless the
court orders otherwise, a motion for such subpoena shall be made  on  at
least  two  days'  notice to the commissioner of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  (a) Except as provided in paragraph (b), the state shall not be liable
for any expense of or related to any such action or proceeding,  includ-
ing  but  not  limited  to the expense of or related to transporting the
inmate to, or lodging or guarding him OR HER at any place other than  in
a   state  correctional  institution.  The  [Department]  DEPARTMENT  of

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[Correctional Services] CORRECTIONS AND COMMUNITY SUPERVISION shall  not
be  required  to perform any services related to such action or proceed-
ing, including but not limited to transporting the inmate to or  lodging
or  guarding  him  OR  HER  at any place other than a state correctional
institution unless and until the [Department]  DEPARTMENT  has  received
payment for such services.
  S 58. Subparagraphs (ii) and (iv) of paragraph (c) of subdivision 4 of
section  58  of  the civil service law, as amended by chapter 190 of the
laws of 2008, are amended to read as follows:
  (ii) Notwithstanding any other provision of law, in any  jurisdiction,
other  than a city with a population of one million or more or the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION, which does not administer examinations for designation to detec-
tive  or investigator, any person who has received permanent appointment
to the position of police officer, correction officer  of  any  rank  or
deputy  sheriff  and  is  temporarily  assigned to perform the duties of
detective or investigator shall, whenever such assignment to the  duties
of  a  detective or investigator exceeds eighteen months, be permanently
designated as a detective or investigator and receive  the  compensation
ordinarily paid to persons in such designation.
  (iv)  Detectives  and investigators designated since September twenty-
third, nineteen hundred ninety  and  prior  to  February  twenty-fourth,
nineteen hundred ninety-five by any state, county, town, village or city
(other than a city with a population of one million or more or the state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION) police, correction  or  sheriffs  department,  pursuant  to  the
provisions  of this paragraph in effect during such period, who continue
to serve in such positions, shall retain their detective or investigator
status without any right to retroactive financial entitlement.
  S 59. Subdivision 2 of section 59-a  of  the  civil  service  law,  as
amended  by  chapter  190  of  the  laws  of 2008, is amended to read as
follows:
  2. Notwithstanding the provisions of this chapter or any provisions to
the contrary contained in any  general,  special,  or  local  laws,  any
person  holding  a  permanent  competitive class appointment as a police
officer, correction officer of any rank or deputy sheriff  in  a  police
force,  police department or sheriffs department in a jurisdiction other
than a city with a population of  one  million  or  more  or  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, who was serving in a  detective  or  investigator  capacity,  as
designated  by  such police force, police department or sheriffs depart-
ment, on the date such  position  was  classified  by  the  local  civil
service  commission having jurisdiction and for at least eighteen months
immediately preceding such date, shall receive a  permanent  appointment
to a detective or investigator position, in such title as may be proper-
ly classified by the local civil service commission having jurisdiction,
without  further  examination  or  qualifications and shall have all the
rights and privileges of the jurisdictional class to which such position
may be allocated.
  S 60. Subparagraph 6 of paragraph b  and  the  opening  paragraphs  of
paragraphs  g and j of subdivision 1 of section 130 of the civil service
law, subparagraph 6 of paragraph b as added by chapter 4 of the laws  of
2007,  the  opening  paragraph of paragraph g as added by chapter 214 of
the laws of 2009 and the opening paragraph of paragraph j  as  added  by
chapter 152 of the laws of 2010, are amended to read as follows:

A. 4012--B                         120

  (6)  Effective  on the dates indicated in paragraph i of this subdivi-
sion, salary grades for positions in  the  competitive,  non-competitive
and  labor classes of the classified service of the state of New York in
the collective negotiating unit designated as the  security  supervisors
unit  established  pursuant  to article fourteen of this chapter who are
police officers pursuant to subdivision thirty-four of section  1.20  of
the  criminal  procedure  law, except those members designated as police
officers pursuant to chapter six hundred ninety-three of the laws of two
thousand six, shall be as prescribed in paragraph i of this subdivision.
Effective on the dates indicated in paragraph  j  of  this  subdivision,
salary  grades  for  positions  in  the competitive, non-competitive and
labor classes of the classified service of the state of New York in  the
collective  negotiating unit designated as the security supervisors unit
established pursuant  to  article  fourteen  of  this  chapter  who  are
employed  by the state department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION and are designated as peace officers  pursuant
to subdivision twenty-five of section 2.10 of the criminal procedure law
shall be as prescribed in paragraph j of this subdivision.
  Pursuant to the terms of an interest arbitration award issued pursuant
to subdivision four of section two hundred nine of this chapter covering
members  of  the  security  services collective negotiating unit who are
employed  within  the  state  department  of   [correctional   services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION and who are designated as peace
officers pursuant to section 2.10 of the criminal procedure law,  effec-
tive  on  the dates indicated, salary grades for such unit members shall
be as follows:
  Pursuant to the terms of an agreement between the state and an employ-
ee organization entered into pursuant to article fourteen of [the  civil
service law] THIS CHAPTER covering members of the collective negotiating
unit  designated  as  security supervisors who are employed by the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  and  are  designated  as  peace officers pursuant to subdivision
twenty-five of section 2.10 of the criminal procedure law, effective  on
the  dates  indicated,  salary  grades for such unit members shall be as
follows:
  S 61. Subdivision 2 of section  134  of  the  civil  service  law,  as
amended  by  chapter  373  of  the  laws  of 1958, is amended to read as
follows:
  2. Any person employed by the  state  in  any  institution  under  the
jurisdiction  of  the  department  of  mental hygiene, the department of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION,  the  department  of
health  or the department of social welfare, or in the state barge canal
system, or in the New York state school for the blind,  Batavia,  or  in
the  New  York  state  veterans' rest camp, Mt. McGregor, whose hours of
labor are limited to forty hours per week, or six days per week, by  law
or  administrative  regulation,  who  is  not  allowed  time  off by the
appointing officer, during any fiscal year commencing on or after  April
first, nineteen hundred forty-six, for any holiday, pass day or vacation
period  which  he  was  eligible  to receive by law or by administrative
regulation, shall, upon the approval of the superintendent or other head
of such institution or department and the director  of  the  budget,  be
entitled  to compensation therefor at the hourly rate of pay received by
such employee, or shall be allowed an equivalent amount of time  off  in
lieu of such compensation.
  S 62. Subdivisions 1, 2 and 3 of section 136 of the civil service law,
subdivisions  1  and  3 as separately amended by chapters 471 and 474 of

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the laws of 1980, and subdivision 2 as amended by chapter 74 of the laws
of 2000, are amended to read as follows:
  1. The term "teacher", for purposes of this section, means any employ-
ee of a state facility or institution in the [division for youth] OFFICE
OF  CHILDREN  AND FAMILY SERVICES in the executive department and in the
departments of [correctional services] CORRECTIONS AND COMMUNITY  SUPER-
VISION,  health,  mental  hygiene and social services holding a position
the principal duty of which is the teaching or instruction  of  patients
or  inmates,  or the direct supervision of such teaching or instruction,
including an  institution  education  director,  as  determined  by  the
department  of  civil service subject to approval of the director of the
budget.
  2. The annual salary of a teacher shall be  determined  in  accordance
with  the  provisions  of this article. Commencing July first, two thou-
sand, the total salary which a teacher would otherwise  be  entitled  to
receive  for  any year beginning on July first shall be paid over either
(a) a period of consecutive months beginning with the first day  of  the
facility's  or institution's academic year, as determined by the employ-
er, and ending with the last day  of  the  facility's  or  institution's
academic year, as determined by the employer or, in the case of a teach-
er in the department of [correctional services] CORRECTIONS AND COMMUNI-
TY  SUPERVISION,  over  a period of ten consecutive months designated by
the commissioner of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  or  (b)  a  period of twelve months from September first to
August thirty-first. Any such teacher who is required  to  work  in  his
position or in any other position allocated to a salary grade in section
one hundred thirty of this chapter in the period of time that is outside
the  facility's  or  institution's  academic  year, as determined by the
employer or, in the case of a teacher in the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION in the two month  period
outside  of the ten consecutive months designated by the commissioner of
[correctional services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall
receive  additional  compensation therefor. If such work is performed in
his regular position or title or in a position the  title  of  which  is
allocated  to  the  same  salary grade as his regular position, he shall
receive additional compensation therefor  at  the  hourly  rate  of  pay
received  by him in his regular position. If such work is performed in a
position having a title allocated to a lower salary grade than the sala-
ry grade to which the title of his regular  position  is  allocated,  he
shall receive additional compensation therefor at the hourly rate of pay
of  the  job  rate  of  the  grade of the position in which such work is
performed, or at such job rate plus the additional increment  or  incre-
ments of such grade if he would be entitled to such additional increment
or  increments were he then appointed to such position; provided, howev-
er, that when such hourly rate exceeds the hourly rate of  pay  received
by  him in his regular position, his additional compensation shall be at
the hourly rate of pay of  his  regular  position.  When  such  work  is
performed  in  a  position  allocated  to a salary grade higher than the
salary grade to which  his  regular  position  is  allocated,  he  shall
receive  additional  compensation  therefor at the hourly rate of pay of
the rate of compensation to which he would be entitled if he were perma-
nently promoted to the position in which such work is performed.
  3. Teachers shall not be subject to the rules governing  sick  leaves,
vacations,  time  allowances  and  other conditions of employment in the
classified service of the state established pursuant to PARAGRAPH (C) OF
subdivision one [(c)] of section six  of  the  civil  service  law.  The

A. 4012--B                         122

director  of  the  [division  for  youth]  OFFICE OF CHILDREN AND FAMILY
SERVICES, the commissioner of [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION,  the commissioner of health, the commissioner of
mental [hygiene] HEALTH and the commissioner of social services, respec-
tively,  shall adopt regulations for sick leaves, vacations, time allow-
ances and other conditions of employment which shall  be  applicable  to
teachers  under  its  or his jurisdiction and, notwithstanding any other
provision of law, such rules may provide for cash payment of  the  mone-
tary value of accumulated and unused vacation and time allowances grant-
ed in lieu of overtime compensation standing to the credit of an employ-
ee  at  the time of his separation from service or his entrance into the
armed forces of the United States for active duty (other than for train-
ing) as defined in title ten of the United States code, whether  or  not
such entrance constitutes a separation from service, and for the payment
of  the  monetary  value  of  his accumulated and unused time allowances
granted in lieu of overtime compensation standing to the  credit  of  an
employee at the time of his appointment, promotion or transfer to anoth-
er  department  or  agency  of the state. Such rules shall be subject to
approval of the state civil service commission.
  S 63. Paragraph (a) of subdivision 1  of  section  178  of  the  civil
service  law, as added by chapter 390 of the laws of 2005, is amended to
read as follows:
  (a) "Assailant" means a person arrested and charged with a  crime,  as
defined  in  section  10.00  of the penal law, or a person committed to,
certified  to,  or  placed  in  the  custody  of   the   department   of
[corrections] CORRECTIONS AND COMMUNITY SUPERVISION or any other correc-
tional facility or county jail.
  S 64. Subdivision 2, the opening paragraph and paragraph (f) of subdi-
vision  4 of section 209 of the civil service law, subdivision 2 and the
opening paragraph of subdivision 4 as amended by chapter 234 of the laws
of 2008, paragraph (f) of subdivision 4 as amended by chapter 179 of the
laws of 2008, are amended to read as follows:
  2. Public employers are hereby empowered to enter into written  agree-
ments  with recognized or certified employee organizations setting forth
procedures to be invoked in the event of disputes which reach an impasse
in the course of collective negotiations. Such  agreements  may  include
the  undertaking  by each party to submit unresolved issues to impartial
arbitration. In the absence or upon  the  failure  of  such  procedures,
public  employers  and  employee  organizations may request the board to
render assistance as provided in this section, or the board  may  render
such  assistance  on its own motion, as provided in subdivision three of
this section, or, in regard to officers or members of any organized fire
department, or any unit of the public employer which  previously  was  a
part  of an organized fire department whose primary mission includes the
prevention and control of aircraft fires, police force or police depart-
ment of any county, city, town, village or fire or police  district,  or
detective-investigators, or rackets investigators employed in the office
of  a  district attorney of a county, or in regard to any organized unit
of troopers, commissioned or noncommissioned officers of the division of
state police, or in regard to investigators,  senior  investigators  and
investigator  specialists  of the division of state police, or in regard
to members  of  collective  negotiating  units  designated  as  security
services  and  security  supervisors  who  are  police officers, who are
forest ranger captains or who are employed by the  state  department  of
[correctional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION and are
designated as peace officers  pursuant  to  subdivision  twenty-five  of

A. 4012--B                         123

section  2.10  of the criminal procedure law, or in regard to members of
the collective negotiating unit designated as the agency law enforcement
services unit who are police officers pursuant  to  subdivision  thirty-
four  of  section  1.20  of the criminal procedure law or who are forest
rangers, or in regard to organized units  of  deputy  sheriffs  who  are
engaged  directly  in criminal law enforcement activities that aggregate
more than fifty per centum of their service as certified by  the  county
sheriff  and  are police officers pursuant to subdivision thirty-four of
section 1.20 of the criminal procedure law as certified by the municipal
police training council or Suffolk county correction officers or Suffolk
county park police, as provided in subdivision four of this section.
  On request of either party or upon its  own  motion,  as  provided  in
subdivision  two  of this section, and in the event the board determines
that an impasse exists in collective negotiations between such  employee
organization and a public employer as to the conditions of employment of
officers  or members of any organized fire department, or any other unit
of the public employer which previously was a part of an organized  fire
department  whose primary mission includes the prevention and control of
aircraft fires, police force or police department of any  county,  city,
town,  village  or fire or police district, and detective-investigators,
criminal investigators or rackets investigators employed in  the  office
of a district attorney, or as to the conditions of employment of members
of any organized unit of troopers, commissioned or noncommissioned offi-
cers  of the division of state police or as to the conditions of employ-
ment of members of any organized unit of investigators, senior  investi-
gators  and investigator specialists of the division of state police, or
as to the terms and conditions of employment of  members  of  collective
negotiating  units designated as security services and security supervi-
sors, who are police officers, who are forest ranger captains or who are
employed by the state department of [correctional services]  CORRECTIONS
AND  COMMUNITY SUPERVISION and are designated as peace officers pursuant
to subdivision twenty-five of section 2.10  of  the  criminal  procedure
law,  or  in regard to members of the collective negotiating unit desig-
nated as the agency law enforcement services unit who are  police  offi-
cers pursuant to subdivision thirty-four of section 1.20 of the criminal
procedure  law  or  who  are  forest rangers, or as to the conditions of
employment of any organized unit of  deputy  sheriffs  who  are  engaged
directly in criminal law enforcement activities that aggregate more than
fifty per centum of their service as certified by the county sheriff and
are  police officers pursuant to subdivision thirty-four of section 1.20
of the criminal procedure law  as  certified  by  the  municipal  police
training council or Suffolk county correction officers or Suffolk county
park police, the board shall render assistance as follows:
  (f)  With regard to any members of collective negotiating units desig-
nated as security services or security supervisors, who are police offi-
cers, who are forest ranger captains or who are employed  by  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION and are designated as  peace  officers  pursuant  to  subdivision
twenty-five  of section 2.10 of the criminal procedure law, or in regard
to members of the collective negotiating unit designated as  the  agency
law enforcement services unit who are police officers pursuant to subdi-
vision  thirty-four of section 1.20 of the criminal procedure law or who
are forest rangers, or in regard  to  detective-investigators,  criminal
investigators  or  rackets  investigators  employed  in  the office of a
district attorney of a county contained within a city with a  population
of  one million or more, the provisions of this section shall only apply

A. 4012--B                         124

to the terms of collective bargaining agreements  directly  relating  to
compensation,  including, but not limited to, salary, stipends, location
pay, insurance, medical and  hospitalization  benefits;  and  shall  not
apply  to  non-compensatory  issues  including,  but not limited to, job
security, disciplinary procedures and actions, deployment or scheduling,
or issues relating to eligibility for overtime compensation which  shall
be governed by other provisions proscribed by law.
  S  65. Section 217-a of the county law, as added by chapter 134 of the
laws of 1984, is amended to read as follows:
  S 217-a. Qualification for employment as a county correction  officer.
A  county  may adopt the provisions contained in section twenty-two-a of
the correction law relating to qualifications of its officials  who  may
thereafter  be  appointed  in  a  law enforcement capacity in any of its
penal correctional institutions. Any determination that would  otherwise
be  made by the commissioner or his OR HER designee of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION under  the
provisions of section twenty-two-a of the correction law, shall, if such
provisions  are so adopted, be made by the appointing authority for such
officials.
  S 66. Subdivision 4 of section 652 of the county  law  is  amended  to
read as follows:
  4.  Before the appointment by a sheriff of any person as an undersher-
iff or a deputy, other than a person deputed to do particular acts,  the
sheriff  shall  require such person to, and such person shall, submit to
the sheriff fingerprints of [the two hands of] such person, IN THE  FORM
AND  MANNER PRESCRIBED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, and
it shall thereupon be the duty of the sheriff to compare, or cause to be
compared such fingerprints with fingerprints filed with the division  of
criminal  [identification of the state department of correction] JUSTICE
SERVICES; provided, however, that in any case where the fingerprints  of
any  such person shall once have been submitted pursuant to this section
and are on file in the office of the sheriff, no new submission  thereof
shall be required, nor shall the sheriff be required to make or cause to
be  made  such comparison if such comparison shall have been made previ-
ously and certification thereof by such department is  on  file  in  his
office.
  S 67. Subdivision 9 of section 10 of the court of claims act, as added
by section 2 of part D of chapter 412 of the laws of 1999, is amended to
read as follows:
  9.  A claim of any inmate in the custody of the department of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION for  recovery  of
damages  for  injury  to  or  loss of personal property may not be filed
unless and until the inmate has exhausted the personal  property  claims
administrative  remedy,  established for inmates by the department. Such
claim must be filed and served within one hundred twenty days after  the
date on which the inmate has exhausted such remedy.
  S  68.  Subdivision  6-a  of section 20 of the court of claims act, as
amended by section 46 of part A-1 of chapter 56 of the laws of 2010,  is
amended to read as follows:
  6-a.  Notwithstanding  the provisions of subdivisions five, five-a and
six of this section, in any case where a judgment or any part thereof is
to be paid to an inmate serving a  sentence  of  imprisonment  with  the
state  department  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION or to a prisoner confined at a local correctional  facility,
the  comptroller  shall  give  written  notice,  if required pursuant to
subdivision two of section six hundred  thirty-two-a  of  the  executive

A. 4012--B                         125

law,  to  the office of victim services that such judgment shall be paid
thirty days after the date of such notice.
  S  69.  Section 20-a of the court of claims act, as amended by chapter
62 of the laws of 2001, is amended to read as follows:
  S  20-a.  Settlement  of  claims.  Notwithstanding  any   inconsistent
provision of this act or of the state finance law, the comptroller shall
examine,  audit,  and  certify  for  payment the settlement of any claim
filed in the court of claims for injuries  to  personal  property,  real
property,  or  for personal injuries caused by the tort of an officer or
employee of the state while acting as such officer or employee, provided
that a stipulation of settlement executed by the parties shall have been
approved by order of the court. No such stipulation shall be executed on
behalf of the state without, after consultation with the director of the
budget, the approval of the head of  the  department  or  agency  having
supervision  of the officer or employee alleged to have caused the inju-
ries and of the attorney general. The attorney  general  shall  cause  a
review to be made within the department of law of all cases filed in the
court  of  claims  to determine which cases are appropriate for possible
settlement. Payment of any claim made pursuant  to  the  approval  of  a
settlement  by  the  court shall be made from the funds appropriated for
the purpose of payment  of  judgments  against  the  state  pursuant  to
section  twenty  of this act. In any case where payment is to be made to
an inmate serving a sentence of imprisonment with the  state  department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or to a
prisoner  confined  at a local correctional facility, the procedures set
forth in subdivision six-a of section twenty of this  article  shall  be
followed.  On  or before January fifteenth the comptroller, in consulta-
tion with the department of law and other agencies as may  be  appropri-
ate, shall submit to the governor and the legislature an annual account-
ing  of  settlements  paid pursuant to this section during the preceding
and current fiscal years. Such accounting  shall  include,  but  not  be
limited  to the number, type and amount of claims so paid, as well as an
estimate of claims to be paid during the remainder of the current fiscal
year and during the following fiscal year.
  S 70. Subdivisions 23, 23-a and 25 of section  2.10  of  the  criminal
procedure  law,  subdivisions  23  and 25 as added by chapter 843 of the
laws of 1980, and subdivision 23-a as added by chapter 404 of  the  laws
of 2000, are amended to read as follows:
  23.  Parole  officers  or warrant officers in the [division of parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  23-a. Parole  revocation  specialists  in  the  [division  of  parole]
DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION; provided, however,
that nothing in this subdivision  shall  be  deemed  to  authorize  such
employee  to  carry,  possess, repair or dispose of a firearm unless the
appropriate license therefor has been issued pursuant to section  400.00
of the penal law.
  25.  Officials, as designated by the commissioner of the department of
[correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION  pursuant
to rules of the department, and correction officers of any state correc-
tional facility or of any penal correctional institution.
  S  71.  Section  120.55  of  the criminal procedure law, as amended by
chapter 456 of the laws of 1981, is amended to read as follows:
S 120.55 [Warant] WARRANT of arrest; [defendent] DEFENDANT under  parole
             or probation supervision.
  If  the  defendant  named within a warrant of arrest issued by a local
criminal court pursuant to the provisions of this article, or by a supe-

A. 4012--B                         126

rior court issued pursuant to subdivision three  of  section  210.10  of
[such]  THIS chapter, is under the supervision of the state [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION or  a  local
or  state probation department, then a warrant for his OR HER arrest may
be executed by a parole officer or probation officer, when authorized by
his OR HER probation director, within his OR HER  geographical  area  of
employment.    The  execution  of  the  warrant  by  a parole officer or
probation officer shall be upon the same conditions and conducted in the
same manner as provided for execution of a warrant by a police officer.
  S 72. Subdivisions 1, 2, 3 and 5 of section  140.10  of  the  criminal
procedure  law, subdivisions 1, 2 and 3 as amended by chapter 997 of the
laws of 1970, paragraph (a) of subdivision 2 as amended by  chapter  300
of  the laws of 2003, and subdivision 5 as amended by chapter 476 of the
laws of 2009, are amended to read as follows:
S 140.10 Arrest without a warrant; by police  officer;  when  and  where
             authorized.
  1.  Subject to the provisions of subdivision two, a police officer may
arrest a person for:
  (a) Any offense when he OR SHE has reasonable cause  to  believe  that
such person has committed such offense in his OR HER presence; and
  (b)  A  crime when he OR SHE has reasonable cause to believe that such
person has committed such crime, whether  in  his  OR  HER  presence  or
otherwise.
  2.  A police officer may arrest a person for a petty offense, pursuant
to subdivision one, only when:
  (a) Such offense was committed or believed by him or her to have  been
committed  within the geographical area of such police officer's employ-
ment or within one hundred yards of such geographical area; and
  (b) Such arrest is made in  the  county  in  which  such  offense  was
committed  or believed to have been committed or in an adjoining county;
except that the police officer may  follow  such  person  in  continuous
close  pursuit, commencing either in the county in which the offense was
or is believed to have been committed or in an adjoining county, in  and
through any county of the state, and may arrest him OR HER in any county
in which he OR SHE apprehends him OR HER.
  3.  A  police  officer  may  arrest  a person for a crime, pursuant to
subdivision one, whether or not such  crime  was  committed  within  the
geographical area of such police officer's employment, and he OR SHE may
make  such  arrest  within  the  state,  regardless  of the situs of the
commission of the crime. In addition,  he  OR  SHE  may,  if  necessary,
pursue  such  person  outside the state and may arrest him OR HER in any
state the laws of  which  contain  provisions  equivalent  to  those  of
section 140.55.
  5.  Upon  investigating a report of a crime or offense between members
of the same family or household as such terms  are  defined  in  section
530.11  of  this  chapter and section eight hundred twelve of the family
court act, a law enforcement officer shall prepare and  file  a  written
report  of the incident, on a form promulgated pursuant to section eight
hundred thirty-seven of the executive law, including statements made  by
the  victim  and  by  any  witnesses,  and  make  any additional reports
required by local law enforcement policy  or  regulations.  Such  report
shall  be  prepared  and  filed,  whether  or not an arrest is made as a
result of the officers' investigation, and shall be retained by the  law
enforcement  agency  for a period of not less than four years. Where the
reported incident involved an offense committed against a person who  is
sixty-five  years  of age or older a copy of the report required by this

A. 4012--B                         127

subdivision shall be sent to the New York state committee for the  coor-
dination  of  police services to elderly persons established pursuant to
section eight hundred forty-four-b  of  the  executive  law.  Where  the
reported  incident  involved an offense committed by an individual known
by the law enforcement officer to be under probation  or  parole  super-
vision, he or she shall transmit a copy of the report as soon as practi-
cable  to  the  supervising  probation  department  or  the [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  S 73. Paragraph (d) of subdivision 1 of section 160.50 of the criminal
procedure law, as amended by chapter 169 of the laws of 1994, is amended
to read as follows:
  (d) such records shall be made available to the person accused  or  to
such  person's  designated  agent,  and shall be made available to (i) a
prosecutor in any proceeding in which the accused has moved for an order
pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
enforcement  agency  upon ex parte motion in any superior court, if such
agency demonstrates to  the  satisfaction  of  the  court  that  justice
requires  that  such records be made available to it, or (iii) any state
or local officer or agency  with  responsibility  for  the  issuance  of
licenses to possess guns, when the accused has made application for such
a license, or (iv) the New York state [division of parole] DEPARTMENT OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  when  the accused is on parole
supervision as a result of  conditional  release  or  a  parole  release
granted  by  the New York state board of parole, and the arrest which is
the subject of the inquiry is one which occurred while the  accused  was
under such supervision or (v) any prospective employer of a police offi-
cer  or peace officer as those terms are defined in subdivisions thirty-
three and thirty-four of section 1.20 of this chapter, in relation to an
application for  employment  as  a  police  officer  or  peace  officer;
provided,  however,  that every person who is an applicant for the posi-
tion of police officer or peace officer shall be furnished with  a  copy
of all records obtained under this paragraph and afforded an opportunity
to make an explanation thereto, or (vi) the probation department respon-
sible  for  supervision  of  the  accused  when  the arrest which is the
subject of the inquiry is one which occurred while the accused was under
such supervision; and
  S 74. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
procedure law, as amended by chapter 476 of the laws of 2009, is amended
to read as follows:
  (d) the records referred to in paragraph (c) of this subdivision shall
be made available to the person accused or to such  person's  designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in  which  the accused has moved for an order pursuant to section 170.56
or 210.46 of this chapter, or (ii) a  law  enforcement  agency  upon  ex
parte  motion  in any superior court, if such agency demonstrates to the
satisfaction of the court that justice requires  that  such  records  be
made available to it, or (iii) any state or local officer or agency with
responsibility  for  the  issuance of licenses to possess guns, when the
accused has made application for such a license, or (iv)  the  New  York
state  [division  of  parole]  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY
SUPERVISION when the accused is under parole supervision as a result  of
conditional  release  or  parole  release  granted by the New York state
board of parole and the arrest which is the subject of  the  inquiry  is
one  which occurred while the accused was under such supervision, or (v)
the probation department responsible for supervision of the accused when
the arrest which is the subject of the inquiry  is  one  which  occurred

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while  the  accused was under such supervision, or (vi) a police agency,
probation department,  sheriff's  office,  district  attorney's  office,
department  of correction of any municipality and parole department, for
law enforcement purposes, upon arrest in instances in which the individ-
ual  stands  convicted of harassment in the second degree, as defined in
section 240.26 of the penal law, committed against a member of the  same
family  or  household as the defendant, as defined in subdivision one of
section 530.11 of this chapter, and determined pursuant  to  subdivision
eight-a of section 170.10 of this title; and
  S 75. Subdivisions 4 and 5 of section 380.50 of the criminal procedure
law, as amended by chapter 7 of the laws of 2007, are amended to read as
follows:
  4.  Regardless of whether the victim requests to make a statement with
regard to the defendant's sentence, where the defendant is committed  to
the custody of the department of [correctional services] CORRECTIONS AND
COMMUNITY  SUPERVISION upon a sentence of imprisonment for conviction of
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such  law,  or  a
sex offense as defined in subdivision (p) of section 10.03 of the mental
hygiene  law, within sixty days of the imposition of sentence the prose-
cutor shall provide the victim with a form, prepared and distributed  by
the   commissioner   of   the   department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION, on which the victim may  indicate
a  demand  to  be informed of the escape, absconding, discharge, parole,
conditional release, release to post-release  supervision,  transfer  to
the  custody  of  the office of mental health pursuant to article ten of
the mental hygiene law, or release from confinement under article ten of
the mental hygiene law of  the  person  so  imprisoned.  If  the  victim
submits  a completed form to the prosecutor, it shall be the duty of the
prosecutor to mail promptly such form to the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.
  5. Following the receipt of such form from the prosecutor, it shall be
the duty of the department of [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION  or, where the person is committed to the custody
of the office of mental health, at the time such person  is  discharged,
paroled,  conditionally  released, released to post-release supervision,
or released from confinement under article ten  of  the  mental  hygiene
law,  to notify the victim of such occurrence by certified mail directed
to the address provided by the victim. In the event such person  escapes
or  absconds from a facility under the jurisdiction of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, it  shall
be  the duty of such department to notify immediately the victim of such
occurrence at the most current address or telephone number  provided  by
the  victim in the most reasonable and expedient possible manner. In the
event such escapee or absconder is subsequently taken  into  custody  by
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION, it shall be the duty  of  such  department  to  notify  the
victim  of  such  occurrence  by  certified mail directed to the address
provided by the victim within forty-eight hours of regaining such custo-
dy. In the case of a person who escapes  or  absconds  from  confinement
under article ten of the mental hygiene law, the office of mental health
shall notify the victim or victims in accordance with the procedures set
forth  in subdivision (g) of section 10.10 of the mental hygiene law. In
no case shall the state be held liable for failure to provide any notice
required by this subdivision.

A. 4012--B                         129

  S 76. Subdivisions 1, 6 and 8 of section 410.91 of the criminal proce-
dure law, subdivision 1 as amended by chapter 121 of the  laws  of  2010
and  subdivisions 6 and 8 as added by chapter 3 of the laws of 1995, are
amended to read as follows:
  1.  A  sentence  of parole supervision is an indeterminate sentence of
imprisonment, or a determinate sentence of imprisonment imposed pursuant
to paragraphs (b) and (d) of subdivision three of section 70.70  of  the
penal  law,  which may be imposed upon an eligible defendant, as defined
in subdivision two of this section. If an indeterminate  sentence,  such
sentence  shall have a minimum term and a maximum term within the ranges
specified by subdivisions three and four of section 70.06 of  the  penal
law.  If  a determinate sentence, such sentence shall have a term within
the ranges specified by subparagraphs (iii) and (iv) of paragraph (b) of
subdivision three of section 70.70 of the penal law. Provided,  however,
if  the  court  directs  that  the sentence be executed as a sentence of
parole supervision, it shall remand the defendant for immediate delivery
to a reception center operated by the state department of  [correctional
services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  in accordance with
section 430.20 of this chapter  and  section  six  hundred  one  of  the
correction  law,  for a period not to exceed ten days. An individual who
receives such a sentence shall be placed under the immediate supervision
of the [state division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNI-
TY SUPERVISION and must comply with  the  conditions  of  parole,  which
shall  include  an  initial  placement  in a drug treatment campus for a
period of ninety days at which time  the  defendant  shall  be  released
therefrom.
  6.  Upon  delivery of the defendant to the reception center, he or she
shall be given a copy of the conditions of parole by a representative of
the [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPER-
VISION  and  shall  acknowledge  receipt  of a copy of the conditions in
writing. The conditions shall be established in accordance with  article
[twelve-B]  EIGHT  of  the  [executive] CORRECTION law and the rules and
regulations of the [division of parole] DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY SUPERVISION. Thereafter and while the parolee is participating
in  the  intensive drug treatment program provided at the drug treatment
campus, the [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION shall assess the parolee's special needs and  shall  develop
an  intensive  program  of  parole  supervision  that  will  address the
parolee's substance abuse  history  and  which  shall  include  periodic
urinalysis testing. Unless inappropriate, such program shall include the
provision  of  treatment  services  by a community-based substance abuse
service provider which has a contract  with  the  [division  of  parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  8. If the parole officer having charge of a person sentenced to parole
supervision  pursuant  to  this  section has reasonable cause to believe
that such person has violated the conditions of his or her  parole,  the
procedures  of  subdivision three of section two hundred fifty-nine-i of
the executive law shall apply to the  issuance  of  a  warrant  and  the
conduct  of  further  proceedings;  provided,  however,  that  a  parole
violation warrant issued for a violation committed while the parolee  is
being  supervised  at a drug treatment campus shall constitute authority
for the immediate placement of the parolee into a correctional  facility
operated  by  the  department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION, which to the extent practicable shall be  reason-
ably  proximate to the place at which the violation occurred, to hold in
temporary detention pending completion of  the  procedures  required  by

A. 4012--B                         130

subdivision  three  of section two hundred fifty-nine-i of the executive
law.
  S 77. Subdivisions 2 and 4 of section 430.20 of the criminal procedure
law, as amended by chapter 3 of the laws of 1995, are amended to read as
follows:
  2. Indeterminate and determinate sentences. In the case of an indeter-
minate  or  determinate  sentence of imprisonment, commitment must be to
the  custody  of  the  state  department  of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION as provided in subdivision one of
section 70.20 of the penal law. The order of commitment must direct that
the defendant be delivered to an institution designated by  the  commis-
sioner  of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION
in accordance with the provisions of the correction law.
  4. Certain resentences. When a sentence of imprisonment that has  been
imposed  on a defendant is vacated and a new sentence is imposed on such
defendant for the same offense, or for an offense based  upon  the  same
act,  if  the  term  of  the new definite or determinate sentence or the
maximum term of the new indeterminate sentence so imposed is  less  than
or equal to that of the vacated sentence:
  (a)  where the time served by the defendant on the vacated sentence is
equal to or greater than the term or maximum term of the  new  sentence,
the  new  sentence  shall be deemed to be served in its entirety and the
defendant shall not be committed to a correctional facility pursuant  to
said sentence; and
  (b)  where  the  defendant was under the supervision of a local condi-
tional release commission or the  [division  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  at  the  time the sentence was
vacated, then the commitment shall direct that said conditional  release
or  parole be recommenced, and the defendant shall not be committed to a
correctional facility pursuant to said sentence, except as a  result  of
revocation of parole or of conditional release; and
  (c) where the defendant was not under the supervision of the [division
of  parole]  DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION at the
time the indeterminate or determinate sentence was  vacated,  but  would
immediately  be eligible for conditional release from the new indetermi-
nate or determinate sentence, the court shall ascertain from the depart-
ment of [correctional services] CORRECTIONS  AND  COMMUNITY  SUPERVISION
whether  the defendant has earned a sufficient amount of good time under
the vacated sentence so as to require the  conditional  release  of  the
defendant  under the new sentence; in the event the defendant has earned
a sufficient amount of good time, the  court  shall  stay  execution  of
sentence  until  the  defendant  surrenders  at  a correctional facility
pursuant to the direction of the department of  [correctional  services]
CORRECTIONS  AND  COMMUNITY SUPERVISION, which shall occur no later than
sixty days after imposition of sentence; upon said  stay  of  execution,
the  court  clerk shall immediately mail to the commissioner of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION a certified  copy
of  the commitment reflecting said stay of execution and the name, mail-
ing address and telephone number  of  the  defendant's  legal  represen-
tative; in the event the defendant fails to surrender as directed by the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, the department shall notify the  court  which  shall  thereafter
remand the defendant to custody pursuant to section 430.30 of this arti-
cle; and
  (d)  upon  the resentence of a defendant as described in this subdivi-
sion, the court clerk shall immediately mail a  certified  copy  of  the

A. 4012--B                         131

commitment  to  the  commissioner of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION if the vacated sentence or the new sentence is
an indeterminate or determinate sentence and no mailing is  required  by
paragraph  (c)  of this subdivision; additionally, the court clerk shall
immediately mail a certified copy of the new commitment to the  head  of
the  appropriate  local correctional facility if the vacated sentence or
the new sentence is a definite sentence.
  S 78. Subdivisions 2 and 4 of section 430.20 of the criminal procedure
law, subdivision 2 as amended by chapter 788 of the  laws  of  1971  and
subdivision 4 as amended by chapter 370 of the laws of 1994, are amended
to read as follows:
  2.  Indeterminate [and reformatory] sentences. In the case of an inde-
terminate [or reformatory] sentence of imprisonment, commitment must  be
to  the  custody  of  the  state  department  of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION as provided in subdivision one  of
section 70.20 [and section 75.05] of the penal law. The order of commit-
ment  must  direct  that  the  defendant  be delivered to an institution
designated by the commissioner of  [correctional  services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION  in  accordance  with  the provisions of the
correction law.
  4. Certain resentences. When a sentence of imprisonment that has  been
imposed  on a defendant is vacated and a new sentence is imposed on such
defendant for the same offense, or for an offense based  upon  the  same
act, if the term of the new definite sentence or the maximum term of the
new  indeterminate  sentence so imposed is less than or equal to that of
the vacated sentence:
  (a) where the time served by the defendant on the vacated sentence  is
equal  to  or greater than the term or maximum term of the new sentence,
the new sentence shall be deemed to be served in its  entirety  and  the
defendant  shall not be committed to a correctional facility pursuant to
said sentence; and
  (b) where the defendant was under the supervision of  a  local  condi-
tional  release  commission  or  the  [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION  at  the  time  the  sentence  was
vacated,  then the commitment shall direct that said conditional release
or parole be recommenced, and the defendant shall not be committed to  a
correctional  facility  pursuant to said sentence, except as a result of
revocation of parole or of conditional release; and
  (c) where the defendant was not under the supervision of the [division
of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  at  the
time  the  indeterminate  sentence was vacated, but would immediately be
eligible for conditional release from the  new  indeterminate  sentence,
the court shall ascertain from the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION whether the defendant has earned a
sufficient  amount  of  good  time  under  the vacated sentence so as to
require the conditional release of the defendant under the new sentence;
in the event the defendant has earned a sufficient amount of good  time,
the  court  shall stay execution of sentence until the defendant surren-
ders at a correctional facility pursuant to the direction of the depart-
ment of [correctional services] CORRECTIONS AND  COMMUNITY  SUPERVISION,
which shall occur no later than sixty days after imposition of sentence;
upon  said  stay of execution, the court clerk shall immediately mail to
the commissioner of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  a  certified copy of the commitment reflecting said stay of
execution and the name, mailing address  and  telephone  number  of  the
defendant's  legal  representative;  in the event the defendant fails to

A. 4012--B                         132

surrender as directed  by  the  department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY SUPERVISION, the department shall notify the
court which shall thereafter remand the defendant to custody pursuant to
section 430.30 of this article; and
  (d)  upon  the resentence of a defendant as described in this subdivi-
sion, the court clerk shall immediately mail a  certified  copy  of  the
commitment  to  the  commissioner of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION if the vacated sentence or the new sentence is
an indeterminate sentence and no mailing is required by paragraph (c) of
this subdivision; additionally, the court clerk shall immediately mail a
certified copy of the new commitment to  the  head  of  the  appropriate
local  correctional facility if the vacated sentence or the new sentence
is a definite sentence.
  S 79. Subdivision 1 of section 440.46 of the criminal  procedure  law,
as  added by section 9 of part AAA of chapter 56 of the laws of 2009, is
amended to read as follows:
  1. Any person in  the  custody  of  the  department  of  [correctional
services]  CORRECTIONS  AND COMMUNITY SUPERVISION convicted of a class B
felony offense defined in article two hundred twenty of  the  penal  law
which  was committed prior to January thirteenth, two thousand five, who
is serving an indeterminate sentence with a maximum term  of  more  than
three  years,  may,  except  as  provided  in  subdivision  five of this
section, upon notice to the appropriate district attorney, apply  to  be
resentenced  to a determinate sentence in accordance with sections 60.04
and 70.70 of the penal law in the court which imposed the sentence.
  S 80. Subdivision 1 of section 440.50 of the criminal  procedure  law,
as  amended  by  chapter  186 of the laws of 2005, is amended to read as
follows:
  1. Upon the request of a victim of a crime, or in  any  event  in  all
cases  in which the final disposition includes a conviction of a violent
felony offense as defined in section 70.02 of the penal law or a  felony
defined  in  article  one  hundred twenty-five of such law, the district
attorney shall, within sixty days of the final disposition of the  case,
inform  the  victim  by  letter of such final disposition. If such final
disposition results in the commitment of the defendant to the custody of
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  for  an  indeterminate sentence, the notice provided to the
crime victim shall also inform the victim of his or her right to  submit
a  written,  audiotaped,  or  videotaped  victim impact statement to the
[state division of  parole]  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION  or  to  meet personally with a member of the state board of
parole at a time and place separate from the personal interview  between
a  member  or members of the board and the inmate and make such a state-
ment, subject to procedures and limitations contained in  rules  of  the
board,  both  pursuant  to subdivision two of section two hundred fifty-
nine-i of the executive law. The right of the victim under this subdivi-
sion to submit a written victim impact statement or to  meet  personally
with  a  member  of  the  state board of parole applies to each personal
interview between a member or members of the board and the inmate.
  S 81. Subdivisions 8 and 9 of section 530.12 of the criminal procedure
law, subdivision 8 as amended by section 5 of part D of  chapter  56  of
the  laws  of  2008,  and subdivision 9 as amended by chapter 530 of the
laws of 1980, are amended to read as follows:
  8. In any proceeding in which an  order  of  protection  or  temporary
order of protection or a warrant has been issued under this section, the
clerk  of  the  court  shall  issue to the complainant and defendant and

A. 4012--B                         133

defense counsel and to any other person affected by the order a copy  of
the order of protection or temporary order of protection and ensure that
a  copy  of  the order of protection or temporary order of protection be
transmitted  to  the local correctional facility where the individual is
or will be detained, the state or local correctional facility where  the
individual  is  or  will  be  imprisoned,  and the supervising probation
department or [division of parole] DEPARTMENT OF CORRECTIONS AND  COMMU-
NITY  SUPERVISION  where  the  individual  is  under probation or parole
supervision. The presentation of a copy of such order or  a  warrant  to
any peace officer acting pursuant to his OR HER special duties or police
officer shall constitute authority for him OR HER to arrest a person who
has  violated  the  terms of such order and bring such person before the
court and, otherwise, so far as lies within his OR HER power, to aid  in
securing the protection such order was intended to afford.
  9.  If  no  warrant,  order  or temporary order of protection has been
issued by the court, and an act  alleged  to  be  a  family  offense  as
defined  in  section  530.11 of this chapter is the basis of the arrest,
the magistrate shall permit the complainant to file a petition, informa-
tion or accusatory instrument and  for  reasonable  cause  shown,  shall
thereupon  hold  such  respondent  or defendant, admit to, fix or accept
bail, or parole him OR HER for hearing before the family court or appro-
priate criminal court as the complainant shall choose in accordance with
the provisions of section 530.11 of this chapter.
  S 82. Subdivision 6 of section 530.13 of the criminal  procedure  law,
as  amended by section 6 of part D of chapter 56 of the laws of 2008, is
amended to read as follows:
  6. In any proceeding in which an  order  of  protection  or  temporary
order of protection or a warrant has been issued under this section, the
clerk  of  the  court  shall  issue  to the victim and the defendant and
defense counsel and to any other person affected by the order, a copy of
the order of protection or temporary order of protection and ensure that
a copy of the order of protection or temporary order  of  protection  be
transmitted  to  the local correctional facility where the individual is
or will be detained, the state or local correctional facility where  the
individual  is  or  will  be  imprisoned,  and the supervising probation
department or [division of parole] DEPARTMENT OF CORRECTIONS AND  COMMU-
NITY  SUPERVISION  where  the  individual  is  under probation or parole
supervision. The presentation of a copy of such order or  a  warrant  to
any  police  officer  or  peace  officer  acting  pursuant to his OR HER
special duties shall constitute authority for him OR  HER  to  arrest  a
person  who  has  violated the terms of such order and bring such person
before the court and, otherwise, so far as lies within his OR HER power,
to aid in securing the protection such order was intended to afford.
  S 83. Subdivisions 4, 5 and 6 of section 530.70 of the criminal proce-
dure law, subdivisions 4 and 5 as added and subdivision 6 as  renumbered
by chapter 565 of the laws of 1988 and subdivision 6 as amended by chap-
ter 456 of the laws of 1981, are amended to read as follows:
  4.  The  issuing  court  may authorize the delegation of such warrant.
Where the issuing court has so authorized, a police officer  to  whom  a
bench  warrant  is addressed may delegate another police officer to whom
it is not addressed to execute such warrant as his OR HER agent when:
  (a) He OR SHE has reasonable cause to believe that the defendant is in
a particular county other than the one in which the warrant  is  return-
able; and
  (b)  The geographical area of employment of the delegated police offi-
cer embraces the locality where the arrest is to be made.

A. 4012--B                         134

  5. Under circumstances specified in subdivision four, the police offi-
cer to whom the bench warrant is  addressed  may  inform  the  delegated
officer,  by telecommunication, mail or any other means, of the issuance
of the warrant, of the offense  charged  in  the  underlying  accusatory
instrument  and  of  all other pertinent details, and may request him OR
HER to act as his OR HER agent in arresting the  defendant  pursuant  to
such  bench  warrant. Upon such request, the delegated police officer is
to the same extent as the delegating officer, authorized  to  make  such
arrest  pursuant  to  the  bench warrant within the geographical area of
such delegated officer's employment. Upon so arresting the defendant, he
OR SHE must without unnecessary delay deliver the defendant or cause him
OR HER to be delivered to the custody of the police officer by  whom  he
OR  SHE  was  so delegated, and the latter must then without unnecessary
delay bring the defendant before the court in which such  bench  warrant
is returnable.
  6.  A  bench warrant may be executed by an officer of the state [divi-
sion of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION or a
probation officer when the person named within the warrant is under  the
supervision  of  the  [division of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION or a department of  probation  and  the  probation
officer  is authorized by his OR HER probation director, as the case may
be. The warrant must be executed upon the same  conditions  and  in  the
same manner as is otherwise provided for execution by a police officer.
  S 84. Section 570.54 of the criminal procedure law, subdivisions 2 and
3  as  amended  by  chapter 2 of the laws of 1980, is amended to read as
follows:
S 570.54   Application  for  issuance  of  requisition;  by  whom  made;
             contents.
  1.  When  the  return  to this state of a person charged with crime in
this state is required, the district attorney of the county in which the
offense was committed, or, if the offense is one which is cognizable  by
him  OR  HER,  the attorney general shall present to the governor his OR
HER written application for a requisition for the return of  the  person
charged,  in which application shall be stated the name of the person so
charged, the crime charged against him OR  HER,  the  approximate  time,
place  and circumstances of its commission, the state in which he OR SHE
is believed to be, including the location of the accused therein at  the
time  the application is made and certifying that, in the opinion of the
said district attorney or attorney general the ends of  justice  require
the  arrest  and  return of the accused to this state for trial and that
the proceeding is not instituted to enforce a private claim.
  2.  When there is required the return to this state of  a  person  who
has  been  convicted  of  a  crime  in  this  state and has escaped from
confinement or broken the terms of his OR HER bail, probation or parole,
the district attorney of the county in which the offense was  committed,
[the  parole  board, or] the warden of the institution or sheriff of the
county, from which escape was made, or the  commissioner  of  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION or his OR HER designee shall present to the  governor  a  written
application  for  a  requisition for the return of such person, in which
application shall be stated the name of the person, the crime  of  which
he  OR  SHE  was  convicted, the circumstances of his OR HER escape from
confinement or of the breach of the terms of his OR HER bail,  probation
or parole, the state in which he OR SHE is believed to be, including the
location of the person therein at the time the application is made.

A. 4012--B                         135

  3.  The  application shall be verified by affidavit, shall be executed
in duplicate and shall be accompanied by two  certified  copies  of  the
accusatory  instrument  stating  the  offense  with which the accused is
charged, or of the judgment of conviction  or  of  the  sentence.    The
district  attorney, attorney general, [parole board,] warden, sheriff or
the commissioner of the  state  department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION or his OR HER designee may also
attach such further affidavits and other documents in duplicate as he OR
SHE shall deem proper to be submitted with such application. One copy of
the application, with the action of the governor indicated  by  endorse-
ment  thereon, and one of the certified copies of the accusatory instru-
ment, or of the judgment of conviction or the sentence shall be filed in
the office of the secretary of state to remain of record in that office.
The other copies of all papers shall be forwarded  with  the  governor's
requisition.
  S  85.  Section  570.56  of  the criminal procedure law, as amended by
chapter 193 of the laws of 1995, is amended to read as follows:
S 570.56  Expense of extradition.
  The expenses of extradition must be borne by the county from which the
application for a requisition comes or, where the application is made by
the attorney general, by the county in which the offense was  committed.
In the case of extradition of a person who has been convicted of a crime
in  this  state  and has escaped from a state prison or reformatory, the
expense of extradition shall be borne by the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.   Where  a  person  has
broken  the terms of his OR HER parole from a state prison or reformato-
ry, the expense of extradition shall be borne by the state [division  of
parole]  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION.  Where a
person has broken the terms of his OR HER bail or probation, the expense
of extradition shall be borne by the county.   Where a person  has  been
convicted  but not yet confined to a prison, or has been sentenced for a
felony to a county jail or penitentiary and  escapes,  the  expenses  of
extradition shall be charged to the county from whose custody the escape
is  effected.  Nothing in this section shall preclude a county[,] OR the
department of [correctional services or the state  division  of  parole]
CORRECTIONS AND COMMUNITY SUPERVISION, as the case may be, from collect-
ing the expenses involved in extradition from the person who was extrad-
ited.
  S  86.  Section  650.10  of  the criminal procedure law, as amended by
chapter 550 of the laws of 1978, is amended to read as follows:
S 650.10  Securing attendance of prisoner in this state  as  witness  in
             proceeding without the state.
  If  a judge of a court of record in any other state, which by its laws
has made provision for commanding a prisoner within that state to attend
and testify in this state, certifies under the seal of that  court  that
there  is  a  criminal prosecution pending in such court or that a grand
jury investigation has commenced, and that a person confined  in  a  New
York  state  correctional institution or prison within the department of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION, other than a  person
confined  as  criminally  mentally ill, or as a defective delinquent, or
confined in the death house awaiting execution, is a material witness in
such prosecution or investigation  and  that  his  OR  HER  presence  is
required  for  a  specified  number  of  days,  upon presentment of such
certificate to a judge of a superior  court  in  the  county  where  the
person  is  confined,  upon  notice to the attorney general, such judge,
shall fix a time and place  for  a  hearing  and  shall  make  an  order

A. 4012--B                         136

directed  to  the  person  having custody of the prisoner requiring that
such prisoner be produced at the hearing.
  If at such hearing the judge determines that the prisoner is a materi-
al  and necessary witness in the requesting state, the judge shall issue
an order directing that the prisoner attend in the court where the pros-
ecution or investigation is pending, upon such terms and  conditions  as
the  judge  prescribes,  including among other things, provision for the
return of the prisoner at the conclusion of his OR HER testimony, proper
safeguards on his OR HER custody, and proper financial reimbursement  or
other payment by the demanding jurisdiction for all expenses incurred in
the production and return of the prisoner.
  The attorney general is authorized as agent for the state of New York,
when  in  his OR HER judgment it is necessary, to enter into such agree-
ments with the appropriate authorities of the demanding jurisdiction  as
he  OR  SHE  determines  necessary  to ensure proper compliance with the
order of the court.
  S 87. Subdivisions 1, 2 and 4 of section 720.35 of the criminal proce-
dure law, subdivision 1 as amended by chapter 452 of the laws  of  1992,
subdivision 2 as amended by chapter 412 of the laws of 2001 and subdivi-
sion 4 as added by chapter 7 of the laws of 2007, are amended to read as
follows:
  1.  A  youthful  offender adjudication is not a judgment of conviction
for a crime or any other offense, and does not operate  as  a  disquali-
fication  of  any  person  so  adjudged  to hold public office or public
employment or to receive any license granted  by  public  authority  but
shall be deemed a conviction only for the purposes of transfer of super-
vision  and  custody pursuant to section two hundred fifty-nine-m of the
executive law.
  2. Except where specifically required or permitted by statute or  upon
specific  authorization  of  the court, all official records and papers,
whether on file with the court, a police agency or the division of crim-
inal justice services, relating to a case involving a youth who has been
adjudicated a youthful offender, are confidential and may  not  be  made
available  to  any  person  or  public or private agency, other than the
designated educational official of the public or private  elementary  or
secondary  school  in  which the youth is enrolled as a student provided
that such local educational official shall only have  made  available  a
notice of such adjudication and shall not have access to any other offi-
cial  records  and  papers,  such youth or such youth's designated agent
(but only where the official records and papers sought are on file  with
a  court and request therefor is made to that court or to a clerk there-
of), an institution to which such youth has been committed,  the  [divi-
sion  of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION and
a probation department of this state that requires such official records
and papers for the purpose of carrying out duties  specifically  author-
ized  by  law; provided, however, that information regarding an order of
protection or temporary order of protection issued pursuant  to  section
530.12  of  this chapter or a warrant issued in connection therewith may
be maintained on the statewide automated order of protection and warrant
registry established pursuant to section two hundred twenty-one-a of the
executive law during the period that such order of protection or  tempo-
rary  order  of  protection  is in full force and effect or during which
such warrant may be executed. Such confidential information may be  made
available pursuant to law only for purposes of adjudicating or enforcing
such  order  of  protection  or temporary order of protection and, where
provided to a designated educational official,  as  defined  in  section

A. 4012--B                         137

380.90  of  this  chapter,  for purposes related to the execution of the
student's educational plan, where applicable, successful school  adjust-
ment  and  reentry  into  the community. Such notification shall be kept
separate  and  apart  from  such  student's  school records and shall be
accessible only by the designated educational official.  Such  notifica-
tion  shall  not  be  part of such student's permanent school record and
shall not be appended to or included in any documentation regarding such
student and shall be destroyed at such time as such student is no longer
enrolled in the school district. At no time shall such  notification  be
used for any purpose other than those specified in this subdivision.
  4.  Notwithstanding subdivision two of this section, whenever a person
is adjudicated a youthful offender and the conviction that  was  vacated
and  replaced  by the youthful offender finding was for a sex offense as
that term is defined in article ten  of  the  mental  hygiene  law,  all
records  pertaining  to  the  youthful  offender  adjudication  shall be
included in those records and  reports  that  may  be  obtained  by  the
commissioner of mental health or the commissioner of [mental retardation
and developmental disabilities] DEVELOPMENTAL DISABILITIES, as appropri-
ate; the case review panel; and the attorney general pursuant to section
10.05 of the mental hygiene law.
  S  88.  Paragraph  b  of subdivision 1 of section 272 of the education
law, as amended by chapter 787 of the laws of 1978, is amended  to  read
as follows:
  b.  The  "area  served" by a public library system for the purposes of
this article shall  mean  the  area  which  the  public  library  system
proposes  to  serve  in its approved plan of service. In determining the
population of the area served by the public  library  system  the  popu-
lation shall be deemed to be that shown by the latest federal census for
the  political subdivisions in the area served. Such population shall be
certified in the same manner as provided by section  fifty-four  of  the
state finance law except that such population shall include the reserva-
tion  and  school  Indian  population  and inmates of state institutions
under the direction, supervision or control of the state  department  of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION, the state department
of  mental  hygiene  and the state department of social welfare.  In the
event that any of the political subdivisions receiving  library  service
are  included  within  a larger political subdivision which is a part of
the public library system  the  population  used  for  the  purposes  of
computing  state  aid  shall  be  the population of the larger political
subdivision, provided however,  that  where  any  political  subdivision
within a larger political subdivision shall have taken an interim census
since  the  last  census  taken of the larger political subdivision, the
population of the  larger  political  subdivision  may  be  adjusted  to
reflect  such  interim census and, as so adjusted, may be used until the
next census of such larger political subdivision. In the event that  the
area  served  is not coterminous with a political subdivision, the popu-
lation of which is shown on such census, or the area in square miles  of
which is available from official sources, such population and area shall
be  determined,  for the purpose of computation of state aid pursuant to
section two hundred seventy-three OF THIS PART by applying to the  popu-
lation and area in square miles of such political subdivision, the ratio
which exists between the assessed valuation of the portion of such poli-
tical subdivision included within the area served and the total assessed
valuation of such political subdivision.

A. 4012--B                         138

  S 89. Subparagraph 3 of paragraph a of subdivision 9 of section 605 of
the  education  law,  as  amended by chapter 523 of the laws of 1992, is
amended to read as follows:
  (3)  The  applicant  must agree to practice medicine in an area in New
York state designated as having a shortage of physicians.  The  regents,
after  consultation  with  the  commissioners  of  health, [correctional
services] CORRECTIONS  AND  COMMUNITY  SUPERVISION,  mental  health  and
[mental  retardation  and]  developmental  disabilities, shall designate
those regions and facilities of New York state which have a shortage  of
physicians for the purposes of this section and establish relative rank-
ings thereof.
  S  90.  Subdivision 6 of section 6542 of the education law, as amended
by chapter 179 of the laws of 1992, is amended to read as follows:
  6. Notwithstanding any other provision of this article, nothing  shall
prohibit a physician employed by or rendering services to the department
of  [correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION under
contract from supervising no more  than  four  physician  assistants  or
specialist assistants in his practice for the department of [correction-
al services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S  91. Subdivision 16-a of section 3-102 of the election law, as added
by section 10 of part OO of chapter 56 of the laws of 2010,  is  amended
to read as follows:
  16-a.  provide  the department of [correctional services and the divi-
sion of parole] CORRECTIONS AND COMMUNITY SUPERVISION with a  sufficient
number  of  voter registration forms to allow the department of [correc-
tional services and the division of parole]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  to  comply with the duty to provide such voter registration
forms to persons upon the expiration of their maximum sentence of impri-
sonment. Such voter registration forms shall be addressed to  the  state
board of elections.
  S  92. Subdivision 3 of section 11-0707 of the environmental conserva-
tion law, as amended by chapter 319 of the laws of 2003, is  amended  to
read as follows:
  3.  Any  person  who  is a patient at any facility in this state main-
tained by the United States Veterans' Administration or at any  hospital
or  sanitorium  for treatment of tuberculosis maintained by the state or
any municipal corporation thereof or resident patient at any institution
of the department of Mental Hygiene, or resident patient at the rehabil-
itation hospital of the department of Health, or at any rest camp  main-
tained  by  the  state  through the Division of Veterans' Affairs in the
Executive Department or any inmate of a conservation  work  camp  within
the  youth  rehabilitation  facility  of  the department of [correction]
CORRECTIONS AND COMMUNITY SUPERVISION, or any inmate of a youth opportu-
nity or youth rehabilitation center within the Office  of  Children  and
Family  Services,  any  resident of a nursing home or residential health
care facility as defined in subdivisions two and three of section  twen-
ty-eight  hundred  one  of the public health law, or any staff member or
volunteer accompanying or assisting one or more residents of such  nurs-
ing  home or residential health care facility on an outing authorized by
the administrator of such nursing home or residential health care facil-
ity may take fish as if he held a fishing license, except  that  he  may
not  take  bait fish by net or trap, if he has on his person an authori-
zation upon a form furnished by the department containing such identify-
ing information and data as may be required by it,  and  signed  by  the
superintendent  or  other  head of such facility, institution, hospital,
sanitarium, nursing home, residential health care facility or rest camp,

A. 4012--B                         139

as the case may be, or by a staff physician thereat duly  authorized  so
to  do  by  the superintendent or other head thereof. Such authorization
with respect to inmates of said conservation work camps shall be limited
to areas under the care, custody and control of the department.
  S  93. Subdivision 1 of section 21 of the executive law, as amended by
section 2 of part B of chapter 56 of the laws of  2010,  is  amended  to
read as follows:
  1.  There  is  hereby  created  in the executive department a disaster
preparedness commission consisting of the commissioners  of  transporta-
tion,  health,  division of criminal justice services, education, social
services, economic development, agriculture  and  markets,  housing  and
community  renewal, general services, labor, environmental conservation,
mental health, parks, recreation and historic preservation, [correction-
al services] CORRECTIONS AND  COMMUNITY  SUPERVISION  and  children  and
family services, the president of the New York state energy research and
development  authority,  the superintendents of state police, insurance,
banking, the secretary of state, the state fire administrator, the chair
of the public service commission, the adjutant general, the directors of
the offices within the  division  of  homeland  security  and  emergency
services,  the office for technology, and the office of victim services,
the chairs of the thruway  authority,  the  metropolitan  transportation
authority,  the  port  authority  of  New York and New Jersey, the chief
professional officer of the state coordinating chapter of  the  American
Red Cross and three additional members, to be appointed by the governor,
two  of whom shall be chief executives. Each member agency may designate
an officer of that agency, with responsibility for disaster preparedness
matters, who may represent that agency on the  commission.  The  commis-
sioner of the division of homeland security and emergency services shall
serve  as  chair of the commission, and the governor shall designate the
vice chair of the commission. The  members  of  the  commission,  except
those  who serve ex officio, shall be allowed their actual and necessary
expenses incurred in the performance of their duties under this  article
but  shall  receive  no  additional  compensation  for services rendered
pursuant to this article.
  S 94. Paragraph (a) of subdivision 1 of section 169 of  the  executive
law,  as  amended  by  section 20 of part B of chapter 56 of the laws of
2010, is amended to read as follows:
  (a) commissioner of [correctional services] CORRECTIONS AND  COMMUNITY
SUPERVISION,  commissioner of education, commissioner of health, commis-
sioner of mental health, commissioner of [mental retardation and] devel-
opmental disabilities, commissioner of  children  and  family  services,
commissioner  of  temporary and disability assistance, chancellor of the
state university of New York, commissioner  of  transportation,  commis-
sioner  of  environmental  conservation, superintendent of state police,
commissioner of general services and commissioner  of  the  division  of
homeland security and emergency services;
  S  95.  Section  354-a  of the executive law, as separately amended by
sections 34 and 68 of part A of chapter 56  of  the  laws  of  2010,  is
amended to read as follows:
  S 354-a. Information  on  status  of  veterans  receiving  assistance.
Departments, divisions, bureaus, boards, commissions and agencies of the
state and political  subdivisions  thereof,  which  provide  assistance,
treatment,  counseling,  care,  supervision  or custody in service areas
involving health, mental health, family services,  criminal  justice  or
employment,  including  but  not limited to the office of alcoholism and
substance abuse services, office of mental health, office  of  probation

A. 4012--B                         140

and  correctional  alternatives, office of children and family services,
office of temporary and disability  assistance,  department  of  health,
department  of  labor,  local  workforce  investment  boards, office [of
mental  retardation and] FOR PEOPLE WITH developmental disabilities, AND
department of [correctional services and division of parole] CORRECTIONS
AND COMMUNITY SUPERVISION, shall request  assisted  persons  to  provide
information  with  regard  to  their veteran status and military experi-
ences. Individuals identifying themselves as veterans shall  be  advised
that the division of veterans' affairs and local veterans' service agen-
cies  established  pursuant to section three hundred fifty-seven of this
article provide assistance to veterans regarding benefits under  federal
and  state  law.  Information  regarding  veterans  status  and military
service provided by assisted persons solely to  implement  this  section
shall  be  protected  as personal confidential information under article
six-A of the public officers  law  against  disclosure  of  confidential
material,  and  used only to assist in the diagnosis, treatment, assess-
ment and handling of the veteran's problems within the agency requesting
such information and in referring the veteran to the division of  veter-
ans'  affairs for information and assistance with regard to benefits and
entitlements under federal and state law.
  S 96. Paragraph a of subdivision 1 of section  374  of  the  executive
law,  as  amended by chapter 243 of the laws of 1997, is amended to read
as follows:
  a. Two members, to be  appointed  by  the  governor,  from  among  the
commissioners  of the departments of economic development, [correctional
services] CORRECTIONS  AND  COMMUNITY  SUPERVISION,  education,  health,
labor,  mental  health  and social services, office of general services,
division of housing and community renewal,  and  the  superintendent  of
insurance.
  S  97. Subdivisions 4, 5, 6 and 7 of section 508 of the executive law,
subdivision 4 as amended by chapter 41 of the laws of 2010, subdivisions
5 and 6 as added by chapter 481 of the laws of 1978,  subdivision  7  as
separately  amended by chapters 308 and 316 of the laws of 1983 and such
section as renumbered by chapter 465 of the laws of 1992, are amended to
read as follows:
  4. The [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES may
apply to the sentencing court for permission to  transfer  a  youth  not
less  than sixteen nor more than eighteen years of age to the department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.   Such
application  shall  be made upon notice to the youth, who shall be enti-
tled to be heard upon the application and to be represented by  counsel.
The  court  shall grant the application if it is satisfied that there is
no substantial likelihood that the youth will benefit from the  programs
offered by the [division] OFFICE facilities.
  5. The [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES may
transfer  an  offender  not  less than eighteen nor more than twenty-one
years of age to the department of  [correctional  services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION if the director of the division certifies to
the commissioner of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  that there is no substantial likelihood that the youth will
benefit from the programs offered by [division] OFFICE facilities.
  6. At age twenty-one, all juvenile offenders shall be  transferred  to
the custody of the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION for confinement pursuant to the correction law.
  7. While in the custody of the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES, an offender shall be subject to the rules and regu-

A. 4012--B                         141

lations  of  the  [division]  OFFICE,  except that his parole, temporary
release and discharge shall  be  governed  by  the  laws  applicable  to
inmates  of  state  correctional  facilities  and  his transfer to state
hospitals  in  the  office of mental health shall be governed by section
five hundred seventeen of this chapter. The director  of  the  [division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES shall, however, estab-
lish  and  operate  temporary  release  programs at [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES facilities for eligible  juvenile
offenders  and  contract  with  the  [division  of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION for the provision of parole super-
vision services for temporary releasees. The rules and  regulations  for
these  programs  shall  not  be inconsistent with the laws for temporary
release applicable to inmates of state correctional facilities. For  the
purposes of temporary release programs for juvenile offenders only, when
referred  to  or  defined  in  article twenty-six of the correction law,
"institution" shall mean any facility designated by the director of  the
[division  for  youth]  OFFICE OF CHILDREN AND FAMILY SERVICES, "depart-
ment" shall mean the [division for youth] OFFICE OF CHILDREN AND  FAMILY
SERVICES,  "inmate"  shall mean a juvenile offender residing in [a divi-
sion for youth] AN OFFICE OF CHILDREN AND FAMILY SERVICES facility,  and
"commissioner"  shall  mean  the  director  of  the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES.  Time  spent  in  [division  for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES facilities and in juvenile
detention  facilities  shall be credited towards the sentence imposed in
the same manner and to the same extent applicable to  inmates  of  state
correctional facilities.
  S  98. Subdivision 2 of section 510-c of the executive law, as amended
by chapter 465 of the laws of 1992, is amended to read as follows:
  2. Except as provided in subdivision three of this section, any  child
who  has  been  placed  with  the  division shall be deemed to have been
discharged therefrom if, during the period  provided  in  the  order  of
placement  or  extension  thereof,  the child is convicted of a crime or
adjudicated a youthful offender, and is committed to an  institution  in
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION or department of mental hygiene,  or  receives  a  one  year
sentence in a local correctional facility.
  S  99.  Paragraph (b) of subdivision 4 of section 575 of the executive
law, as separately amended by section 69 of part A and section 4 of part
A-1 of chapter 56 of the laws of 2010, is amended to read as follows:
  (b) The advisory council shall consist of nine  members  and  fourteen
ex-officio  members.  Each member shall be appointed to serve for a term
of three years and shall continue in office until a successor  appointed
member  is made. A member appointed to fill a vacancy shall be appointed
for the unexpired term of the member he or she is to succeed. All of the
members shall be individuals with expertise  in  the  area  of  domestic
violence.  Three members shall be appointed by the governor, two members
shall be appointed upon the recommendation of the temporary president of
the senate, two members shall be appointed upon  the  recommendation  of
the  speaker  of  the  assembly,  one member shall be appointed upon the
recommendation of the minority leader of  the  senate,  and  one  member
shall be appointed upon the recommendation of the minority leader of the
assembly.  The ex-officio members of the advisory board shall consist of
one representative from the staff of each of the following state depart-
ments and  divisions:  office  of  temporary  and  disability  services;
department  of  health;  education  department; office of mental health;
office of alcoholism and substance abuse services; division of  criminal

A. 4012--B                         142

justice  services;  office  of  probation and correctional alternatives;
office of children and  family  services;  office  of  victim  services;
office  of  court  administration; department of labor; state office for
the  aging; department of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION; and the division of parole.
  S 100. Paragraph (c) of subdivision 1 of section 632-a of  the  execu-
tive law, as amended by section 24 of part A-1 of chapter 56 of the laws
of 2010, is amended to read as follows:
  (c)  "Funds  of  a  convicted  person"  means  all  funds and property
received from any source by a person convicted of a specified crime,  or
by  the  representative  of such person as defined in subdivision six of
section six hundred twenty-one of this article excluding  child  support
and earned income, where such person:
  (i)  is  an  inmate serving a sentence with the department of [correc-
tional services] CORRECTIONS AND COMMUNITY  SUPERVISION  or  a  prisoner
confined at a local correctional facility or federal correctional insti-
tute,  and  includes  funds  that a superintendent, sheriff or municipal
official receives on behalf of an inmate or prisoner and deposits in  an
inmate  account  to  the  credit  of  the inmate pursuant to section one
hundred sixteen of the correction law or deposits in a prisoner  account
to  the credit of the prisoner pursuant to section five hundred-c of the
correction law; or
  (ii) is not an inmate or prisoner but who is  serving  a  sentence  of
probation or conditional discharge or is presently subject to an undisc-
harged  indeterminate,  determinate  or definite term of imprisonment or
period of post-release supervision or term of  supervised  release,  but
shall  include earned income earned during a period in which such person
was not in compliance with the  conditions  of  his  or  her  probation,
parole,  conditional  release, period of post-release supervision by the
[division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
or term of supervised release with the United States probation office or
United States parole commission. For purposes of this subparagraph, such
period of non-compliance shall be  measured,  as  applicable,  from  the
earliest  date  of  delinquency  determined by the [board or division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, or from the
earliest date on which a declaration of delinquency is filed pursuant to
section 410.30 of the criminal procedure law and  thereafter  sustained,
or  from  the earliest date of delinquency determined in accordance with
applicable federal law, rules or regulations, and shall continue until a
final determination sustaining the violation has been made by the  trial
court,  [board  or division of parole] THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, or appropriate federal authority; or
  (iii) is no longer subject to a sentence of probation  or  conditional
discharge or indeterminate, determinate or definite term of imprisonment
or period of post-release supervision or term of supervised release, and
where within the previous three years: the full or maximum term or peri-
od  terminated  or expired or such person was granted a discharge by [a]
THE STATE board of parole OR THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION pursuant to applicable law, or granted a discharge or termi-
nation from probation pursuant to applicable law or granted a  discharge
or  termination  under  applicable  federal or state law, rules or regu-
lations prior to the expiration of such full or maximum term or  period;
and  includes  only:  (A) those funds paid to such person as a result of
any interest, right, right of action, asset, share, claim,  recovery  or
benefit  of  any kind that the person obtained, or that accrued in favor
of such person, prior to the expiration of such sentence, term or  peri-

A. 4012--B                         143

od; (B) any recovery or award collected in a lawsuit after expiration of
such  sentence  where  the right or cause of action accrued prior to the
expiration or service of such sentence; and  (C)  earned  income  earned
during  a  period  in  which  such person was not in compliance with the
conditions of his or her probation, parole, conditional release,  period
of  post-release  supervision  by the [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION or term of supervised release with
the United States probation office or United States  parole  commission.
For  purposes  of this subparagraph, such period of non-compliance shall
be measured, as applicable, from the earliest date of delinquency deter-
mined by the [board or division of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, or from the earliest date on which a  declaration
of  delinquency  is  filed  pursuant  to  section 410.30 of the criminal
procedure law and thereafter sustained, or from  the  earliest  date  of
delinquency  determined in accordance with applicable federal law, rules
or regulations, and shall continue until a final determination  sustain-
ing  the  violation has been made by the trial court, [board or division
of parole] THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION,  or
appropriate federal authority.
  S  101.  Paragraph (b) of subdivision 2 of section 632-a of the execu-
tive law, as amended by section 24 of part A-1 of chapter 56 of the laws
of 2010, is amended to read as follows:
  (b) Notwithstanding subparagraph (ii) of paragraph (a) of this  subdi-
vision,  whenever  the  payment or obligation to pay involves funds of a
convicted person that a superintendent, sheriff  or  municipal  official
receives  or will receive on behalf of an inmate serving a sentence with
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  or  prisoner  confined at a local correctional facility and
deposits or will deposit in an inmate  account  to  the  credit  of  the
inmate  or  in a prisoner account to the credit of the prisoner, and the
value, combined value or aggregate value of such funds exceeds  or  will
exceed  ten  thousand  dollars, the superintendent, sheriff or municipal
official shall also give written notice to the office.
  S 102. Subdivision 9 of section 835 of the executive law,  as  amended
by section 39 of part A of chapter 56 of the laws of 2010, is amended to
read as follows:
  9.  "Qualified agencies" means courts in the unified court system, the
administrative board of the judicial conference, probation  departments,
sheriffs'  offices, district attorneys' offices, the state department of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  the
department  of  correction  of  any  municipality,  the insurance frauds
bureau of the state department of insurance, the office of  professional
medical  conduct  of  the state department of health for the purposes of
section two hundred thirty of the public health law, the  child  protec-
tive  services  unit of a local social services district when conducting
an investigation pursuant to subdivision six  of  section  four  hundred
twenty-four of the social services law, the office of Medicaid inspector
general,  the  temporary state commission of investigation, the criminal
investigations bureau of  the  banking  department,  police  forces  and
departments  having responsibility for enforcement of the general crimi-
nal laws of the state  and  the  Onondaga  County  Center  for  Forensic
Sciences  Laboratory when acting within the scope of its law enforcement
duties.
  S 103. Paragraph (h) of subdivision 1 of section 840 of the  executive
law,  as  amended by chapter 843 of the laws of 1980, is amended to read
as follows:

A. 4012--B                         144

  (h) Exemptions from particular provisions of this article in the  case
of  any  city having a population of one million or more, or in the case
of the state  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION if in its opinion the standards of police officer
or  peace  officer  training  established and maintained by such city or
department are higher than those established pursuant to  this  article;
or  revocation  in whole or in part of such exemption, if in its opinion
the standards of police officer or peace  officer  training  established
and  maintained  by  such city or department are lower than those estab-
lished pursuant to this article.
  S 104. Subdivision 4 of section 995-c of the executive law, as amended
by section 65 of part A of chapter 56 of the laws of 2010, is amended to
read as follows:
  4. The commissioner of the division of criminal justice  services,  in
consultation with the commission, the commissioner of health, [the divi-
sion of parole,] the director of the office of probation and correction-
al   alternatives   and   the   department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION, shall promulgate rules and  regu-
lations  governing  the procedures for notifying designated offenders of
the requirements of this section.
  S 105. The article heading of article 12-B of the  executive  law,  as
added by chapter 904 of the laws of 1977, is amended to read as follows:
                    STATE [DIVISION] BOARD OF PAROLE
  S  106.  Section  31 of the executive law, as amended by section 11 of
part B of chapter 56 of the laws of 2010, is amended to read as follows:
  S 31. Divisions. There  shall  be  in  the  executive  department  the
following divisions:
  1. The division of the budget.
  2. The division of military and naval affairs.
  3. The office of general services.
  4. The division of state police.
  5. [The division of parole.
  6.] The division of housing.
  [7] 6. The division of alcoholic beverage control.
  [8] 7. The division of human rights.
  [9] 8. The division of veterans' affairs.
  [10] 9. The division of homeland security and emergency services.
  [11] 10. Office for technology.
  The  governor  may establish, consolidate, or abolish additional divi-
sions and bureaus.
  S 107. Subdivision 1 of section 643 of the executive law, as separate-
ly amended by section 38 of part A and section 1 of part A-1 of  chapter
56 of the laws of 2010, is amended to read as follows:
  1.  As  used  in this section, "crime victim-related agency" means any
agency of state government which provides services to or deals  directly
with  crime  victims,  including  (a)  the office of children and family
services, the office for the aging, the division  of  veterans  affairs,
THE  OFFICE OF PROBATION and correctional alternatives, the [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE  office
of  victim  services,  the  department  of motor vehicles, the office of
vocational rehabilitation, the workers' compensation board, the  depart-
ment of health, the division of criminal justice services, the office of
mental  health, every transportation authority and the division of state
police, and (b) any other agency so designated by  the  governor  within
ninety days of the effective date of this section.

A. 4012--B                         145

  S  108.  Subdivision 8 of section 837-a of the executive law, as added
by section 1 of part L of chapter 56 of the laws of 2006, is amended  to
read as follows:
  8. Present to the governor, temporary president of the senate, minori-
ty leader of the senate, speaker of the assembly and the minority leader
of the assembly an annual report about the function and effectiveness of
the  Operation  IMPACT  program.  Such  report shall include, but not be
limited to, crime data obtained, analyzed and  used  by  each  Operation
IMPACT partnership in participating counties and affected municipalities
including  the  number  of  arrests  made by law enforcement as a direct
result of the Operation IMPACT program  including  any  available  demo-
graphic  information  about  the persons arrested and prosecuted and the
disposition of such matters, and any other information  related  to  the
program's  effectiveness  in  reducing  crime.  Such  report  shall also
include information about crime reduction strategies developed by Opera-
tion IMPACT partnerships, the number of state police  and  [division  of
parole]  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION personnel
participating in Operation  IMPACT  activities,  and  a  description  of
training  supplied  to local Operation IMPACT participants.  The initial
report required by this paragraph shall be presented by  December  thir-
ty-first,  two  thousand  six.  Thereafter,  an  annual  report shall be
presented no later than December thirty-first of each year.
  S 108-a. The sixth undesignated paragraph of section 2 of section 1 of
chapter 359 of the laws of 1968, constituting the facilities development
corporation act, as amended by chapter 240  of  the  laws  of  1974,  is
amended to read as follows:
  It  is  hereby  found and declared that the acquisition, construction,
reconstruction, rehabilitation and improvement  of  facilities  for  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION are public purposes which are essential to  enable  comprehensive
modernization   of  the  state's  programs  of  [correctional  services]
CORRECTIONS.   To assure that such  purposes  are  carried  out,  it  is
further  found  and declared that the facilities development corporation
should be empowered in [coorperation] COOPERATION with the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION to provide
for the acquisition, construction,  reconstruction,  rehabilitation  and
improvement  of facilities for the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  S 109. Subdivision 3-b of section 3 of section 1 of chapter 359 of the
laws of 1968, constituting the facilities development  corporation  act,
as  added  by  chapter  337  of  the laws of 1972, is amended to read as
follows:
  3-b.  "Facility  for  the  department   of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION" means real property, a building,
a unit within a building, or any structure on  or  improvement  to  real
property  of  any  kind or description essential, necessary or useful in
the program of the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION, including all usual attendant and related facili-
ties, fixtures, equipment, and connections for utility services  or  any
combinations  thereof,  designed,  acquired, constructed, reconstructed,
rehabilitated and improved, or otherwise provided for the department  of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S  110. Subdivision 10 of section 5 of section 1 of chapter 359 of the
laws of 1968, constituting the facilities development  corporation  act,
as  amended  by  chapter  337 of the laws of 1972, is amended to read as
follows:

A. 4012--B                         146

  10. To  design,  construct,  acquire,  reconstruct,  rehabilitate  and
improve health facilities, facilities for the department of [correction-
al  services]  CORRECTIONS  AND COMMUNITY SUPERVISION and mental hygiene
facilities, or  cause  such  facilities  to  be  designed,  constructed,
acquired,  reconstructed, rehabilitated and improved, in accordance with
the provisions of this act.
  S 111. Subdivision 7 of section 6 of section 1 of chapter 359  of  the
laws  of  1968, constituting the facilities development corporation act,
as added by chapter 337 of the laws of  1972,  is  amended  to  read  as
follows:
  7. To provide facilities for the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  S  112.  Section  7-a of section 1 of chapter 359 of the laws of 1968,
constituting the facilities development corporation act, as  amended  by
chapter 240 of the laws of 1974, is amended to read as follows:
  S  7-a.  Relationship  with  the  state  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.  The corporation,  upon
the  issuance by the director of the budget of a certificate of approval
segregating funds to pay for their  corporate  services,  shall  design,
construct,  reconstruct, rehabilitate, improve, and equip facilities for
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  or  cause  facilities  to  be designed, constructed, recon-
structed, rehabilitated, improved, and equipped. The  corporation  shall
also assist and cooperate with and shall make its personnel and services
fully   available   to   the  commissioner  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION and the department of [correction-
al services] CORRECTIONS AND COMMUNITY SUPERVISION in  matters  relating
to their responsibilities for site selection, acquisition of and capital
planning  relating  to  facilities  for  the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.  During the  course  of
construction,  acquisition,  reconstruction, rehabilitation and improve-
ment of such facilities, the corporation shall consult with the  commis-
sioner  of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION
and  the  personnel  of  the  department  of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION as the work progresses in matters
relating to space requirements, site plans,  architectural  concept  and
substantial  changes  in  the  plans  and specifications therefor and in
matters relating to the original furnishings, equipment, machinery,  and
apparatus   needed  to  furnish  and  equip  such  facilities  upon  the
completion of the work.  The  commissioner  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION and the department of [correction-
al  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION shall assist and
cooperate with the corporation in such matters.
  S 113. Subdivision (b) of section 213  of  the  family  court  act  is
amended to read as follows:
  (b) Rules of court shall as soon as practicable implement this section
by  prescribing appropriate forms for reports and may require such addi-
tional information as may be appropriate. The  administrative  board  of
the judicial conference may request the state department of [correction]
CORRECTIONS AND COMMUNITY SUPERVISION and the state department of social
welfare  to assist it in the preparation and processing of reports under
this section, and those departments, when  so  requested,  shall  render
such assistance as is possible.
  S  114.  The sixth undesignated paragraph of section 842 of the family
court act, as added by section 8 of part D of chapter 56 of the laws  of
2008, is amended to read as follows:

A. 4012--B                         147

  In  any  proceeding in which an order of protection or temporary order
of protection or a warrant has been issued under this section, the clerk
of the court shall issue to the petitioner and respondent and his  coun-
sel and to any other person affected by the order a copy of the order of
protection  or  temporary  order of protection and ensure that a copy of
the order of protection or temporary order of protection be  transmitted
to  the  local  correctional facility where the individual is or will be
detained, the state or local correctional facility where the  individual
is  or  will  be imprisoned, and the supervising probation department or
[division of parole] THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPER-
VISION where the individual is under probation or parole supervision.
  S  115. The second undesignated paragraph of section 69 of the general
business law, as amended by section 1 of part A of  chapter  62  of  the
laws of 2003, is amended to read as follows:
  Nothing in this section shall be construed to forbid the sale of parts
and  components  produced  by  inmate  labor  in  correctional  industry
programs of the government of the United States  or  any  state  of  the
United  States,  or any political subdivision thereof, to the department
of [correctional  services']  CORRECTIONS  AND  COMMUNITY  SUPERVISION'S
division  of  correctional industries for use in its manufacturing oper-
ations.
  S 116. Section 70 of the general municipal law, as amended by  section
40  of part A-1 of chapter 56 of the laws of 2010, is amended to read as
follows:
  S 70. Payment of judgments against municipal corporation. When a final
judgment for a sum of money  shall  be  recovered  against  a  municipal
corporation,  and  the execution thereof shall not be stayed pursuant to
law, or the time for such stay shall  have  expired,  the  treasurer  or
other  financial officer of such corporation having sufficient moneys in
his hands belonging to the corporation not otherwise specifically appro-
priated, shall pay such judgment upon the production of a certified copy
of the docket thereof. Notwithstanding the provisions of any  other  law
to  the contrary, in any case where payment for any reason is to be made
to an inmate serving a sentence of imprisonment with the  state  depart-
ment of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or
to  a  prisoner confined at a local correctional facility, the treasurer
or other financial officer shall give written notice, if required pursu-
ant to subdivision two of section six hundred thirty-two-a of the execu-
tive law, to the office of victim services that such  payment  shall  be
made thirty days after the date of such notice.
  S  117.  Subdivision  1 of section 168 of the labor law, as amended by
chapter 90 of the laws of 1947, is amended to read as follows:
  1. This section shall apply to all persons employed by  the  state  in
the  ward,  cottage,  colony, kitchen and dining room, and guard service
personnel in any hospital, school, prison, reformatory or other institu-
tion within or subject to  the  jurisdiction,  supervision,  control  or
visitation  of  the department of [correction] CORRECTIONS AND COMMUNITY
SUPERVISION, the department of health, the department of mental hygiene,
the department of social welfare or the division of veterans' affairs in
the executive department, and engaged in the performance of such  duties
as  nursing, guarding or attending the inmates, patients, wards or other
persons kept or housed in such institutions, or in protecting and guard-
ing the buildings and/or grounds thereof, or  in  preparing  or  serving
food therein.

A. 4012--B                         148

  S 118. Subdivision 13 of section 83-m of the legislative law, as added
by section 2 of part XX of chapter 57 of the laws of 2010, is amended to
read as follows:
  13.  (a) The task force shall specify the form in which the department
of [correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION  shall
provide  such  information  required  to  be  reported to the task force
pursuant to subdivision eight of section seventy-one of  the  correction
law.
  (b)  Upon  receipt  of  such  information for each incarcerated person
subject to the jurisdiction of the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION, the task  force  shall  determine
the  census  block  corresponding  to  the  street  address of each such
person's residential address prior to incarceration (if  any),  and  the
census  block  corresponding  to  the street address of the correctional
facility in which such person was held subject to  the  jurisdiction  of
such  department.  Until  such  time  as the United States bureau of the
census shall implement a policy  of  reporting  each  such  incarcerated
person  at such person's residential address prior to incarceration, the
task force shall use such data to develop a database in which all incar-
cerated persons shall be, where possible,  allocated  for  redistricting
purposes,  such  that  each  geographic unit reflects incarcerated popu-
lations at their respective residential addresses prior to incarceration
rather than at the addresses of such correctional  facilities.  For  all
incarcerated  persons  whose  residential address prior to incarceration
was outside of the state, or for whom the  task  force  cannot  identify
their  prior  residential  address,  and  for  all persons confined in a
federal correctional facility  on  census  day,  the  task  force  shall
consider  those  persons  to have been counted at an address unknown and
persons at such unknown address shall not be included in such  data  set
created  pursuant  to  this  paragraph. The task force shall develop and
maintain such amended population data set and shall  make  such  amended
data set available to local governments, as defined in subdivision eight
of  section  two  of the municipal home rule law, and for the drawing of
assembly and senate districts. The assembly and senate  districts  shall
be drawn using such amended population data set.
  (c)  Notwithstanding  any  other  provision  of  law,  the information
required to be provided pursuant to subdivision eight of section  seven-
ty-one  of the correction law shall be treated as confidential and shall
not be disclosed by the task force except as aggregated by census  block
for purpose specified in this subdivision.
  S  118-a.  Subdivisions  (a)  and  (m)  of section 10.03 of the mental
hygiene law, subdivision (a) as amended by chapter 168 of  the  laws  of
2010  and subdivision (m) as added by chapter 7 of the laws of 2007, are
amended to read as follows:
  (a) "Agency with jurisdiction" as to a person means that agency which,
during the period in question,  would  be  the  agency  responsible  for
supervising  or releasing such person, and can include the department of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  the
office  of  mental  health, AND the office for people with developmental
disabilities[, and the division of parole].
  (m) "Release" and "released" means  release,  conditional  release  or
discharge  from confinement, from COMMUNITY supervision by the [division
of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, or  from
an order of observation, commitment, recommitment or retention.
  S  118-b.  Subdivisions  (a)  and  (b)  of section 10.05 of the mental
hygiene law, subdivision (a) as amended by chapter 168 of  the  laws  of

A. 4012--B                         149

2010  and subdivision (b) as added by chapter 7 of the laws of 2007, are
amended to read as follows:
  (a)  The  commissioner  of  mental  health,  in  consultation with the
commissioner of the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION and the commissioner of developmental disabil-
ities,  shall  establish  a  case  review  panel  consisting of at least
fifteen members, any three of whom may sit as a team to review a partic-
ular case. At least two members of each team shall be  professionals  in
the  field  of mental health or the field of developmental disabilities,
as appropriate,  with  experience  in  the  treatment,  diagnosis,  risk
assessment  or  management  of sex offenders. To the extent practicable,
the workload of the case review panel should be evenly distributed among
its members. Members of the case review panel and psychiatric  examiners
should  be  free  to  exercise independent professional judgment without
pressure or retaliation for the  exercise  of  that  judgment  from  any
source.
  (b)  When  it  appears to an agency with jurisdiction[, other than the
division of parole,] that a person who may be a detained sex offender is
nearing an anticipated release FROM CONFINEMENT, the agency  shall  give
notice  of  that fact to the attorney general and to the commissioner of
mental health.  [When the division of parole is the agency  with  juris-
diction,  it may give such notice.] WHEN IT APPEARS TO THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY  SUPERVISION  THAT  A  PERSON  WHO  MAY  BE  A
DETAINED  SEX  OFFENDER IS NEARING AN ANTICIPATED RELEASE FROM COMMUNITY
SUPERVISION, THE AGENCY MAY GIVE SUCH NOTICE. The agency with  jurisdic-
tion  shall  seek  to  give such notice at least one hundred twenty days
prior to the person's anticipated release, but failure  to  give  notice
within  such time period shall not affect the validity of such notice or
any subsequent action, including the filing  of  a  sex  offender  civil
management petition.
  S  118-c.  Subdivision (k) of section 10.06 of the mental hygiene law,
as amended by section 1 of part H of chapter 58 of the laws of 2009,  is
amended to read as follows:
  (k) At the conclusion of the hearing, the court shall determine wheth-
er  there  is  probable  cause  to  believe that the respondent is a sex
offender requiring civil management. If the court determines that proba-
ble cause has not been established,  the  court  shall  issue  an  order
dismissing  the  petition,  and  the  respondent's  release  shall be in
accordance with other applicable provisions of law. If the court  deter-
mines  that  probable  cause  has  been established: (i) the court shall
order that the respondent be committed to a  secure  treatment  facility
designated  by the commissioner for care, treatment and control upon his
or her release, provided, however, that a respondent who otherwise would
be required to be transferred to a secure treatment facility may, upon a
written consent signed by the respondent and his or her counsel, consent
to remain in the custody of the department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  pending  the  outcome  of  the
proceedings under this article, and that such consent may be revoked  in
writing  at  any  time;  (ii)  the  court  shall set a date for trial in
accordance with subdivision (a) of section 10.07 of  this  article;  and
(iii)  the  respondent  shall  not be released pending the completion of
such trial.
  S 118-d. Subdivisions (c) and (d)  of  section  10.10  of  the  mental
hygiene  law,  as added by chapter 7 of the laws of 2007, are amended to
read as follows:

A. 4012--B                         150

  (c) The  commissioner,  or  the  commissioner  of  the  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION, or other
government entity responsible for the care and custody  of  respondents,
shall  be authorized to employ appropriate safety and security measures,
as  he or she deems necessary to ensure the safety of the public, during
court proceedings and in the transport of persons committed or  undergo-
ing  any proceedings under this article. Such commissioner shall provide
training in the use of safe and appropriate  security  interventions  to
employees responsible for transporting persons under this article.
  (d)  The  commissioner  shall have the discretion to enter into agree-
ments with the department of  [correctional  services]  CORRECTIONS  AND
COMMUNITY SUPERVISION for the provision of security services relating to
this article.
  S 118-e.  Paragraphs 1 and 2 of subdivision (a), paragraph 1 of subdi-
vision (b), subdivision (c), paragraph 1 of subdivision (d) and subdivi-
sion (f) of section 10.11 of the mental hygiene law, as added by chapter
7 of the laws of 2007, are amended to read as follows:
  (1) Before ordering the release of a person to a regimen of strict and
intensive  supervision and treatment pursuant to this article, the court
shall order that the [division of parole] DEPARTMENT OF CORRECTIONS  AND
COMMUNITY  SUPERVISION  recommend supervision requirements to the court.
These supervision requirements, which shall be developed in consultation
with the commissioner, may include but need not be limited to, electron-
ic monitoring or global positioning satellite tracking for an  appropri-
ate  period of time, polygraph monitoring, specification of residence or
type or residence, prohibition of contact with identified past or poten-
tial victims, strict and intensive supervision by a parole officer,  and
any  other  lawful  and  necessary  conditions  that may be imposed by a
court. In addition, after consultation with the  psychiatrist,  psychol-
ogist  or  other  professional  primarily  treating  the respondent, the
commissioner shall recommend a specific course of treatment. A  copy  of
the  recommended  requirements  for  supervision  and treatment shall be
given to the attorney general and the respondent and his or her  counsel
a  reasonable time before the court issues its written order pursuant to
this section.
  (2) Before issuing its written  order,  the  court  shall  afford  the
parties  an  opportunity  to be heard, and shall consider any additional
submissions by the respondent and the attorney  general  concerning  the
proposed  conditions  of the regimen of strict and intensive supervision
and treatment. The court shall issue an order specifying the  conditions
of  the regimen of strict and intensive supervision and treatment, which
shall include specified supervision requirements and compliance  with  a
specified  course of treatment. A written statement of the conditions of
the regimen of strict and intensive supervision and treatment  shall  be
given  to  the  respondent  and  to  his  or her counsel, any designated
service providers  or  treating  professionals,  the  commissioner,  the
attorney  general  and  the  supervising parole officer. The court shall
require the [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION to take appropriate actions  to  implement  the  supervision
plan  and assure compliance with the conditions of the regimen of strict
and intensive supervision and treatment. A regimen of strict and  inten-
sive supervision does not toll the running of any form of supervision in
criminal  cases,  including  but not limited to post-release supervision
and parole.
  (1) Persons ordered into a regimen of strict and intensive supervision
and treatment pursuant to this article shall be subject to a minimum  of

A. 4012--B                         151

six  face-to-face  supervision  contacts and six collateral contacts per
month. Such minimum contact requirements shall  continue  unless  subse-
quently  modified by the court or the [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  (c)  An  order  for  a regimen of strict and intensive supervision and
treatment places the person in the custody and  control  of  the  [state
division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
A  person  ordered  to  undergo a regimen of strict and intensive super-
vision and treatment pursuant to  this  article  is  subject  to  lawful
conditions  set  by the court and the [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  (1) A person's regimen of strict and intensive supervision and  treat-
ment  may be revoked if such a person violates a condition of strict and
intensive supervision. If a  parole  officer  has  reasonable  cause  to
believe  that  the  person  has  violated  a condition of the regimen of
strict and intensive supervision and treatment or, if there is  an  oral
or  written  evaluation  or report by a treating professional indicating
that the person may be a dangerous sex offender requiring confinement, a
parole officer authorized in the same manner as provided in subparagraph
(i) of paragraph (a) of subdivision three of section two hundred  fifty-
nine-i  of the executive law may take the person into custody and trans-
port the person for lodging in a secure treatment facility  or  a  local
correctional facility for an evaluation by a psychiatric examiner, which
evaluation  shall  be  conducted  within five days. A parole officer may
take the person, under custody, to a psychiatric center for prompt eval-
uation, and at the end of the examination,  return  the  person  to  the
place of lodging. A parole officer, as authorized by this paragraph, may
direct a peace officer, acting pursuant to his or her special duties, or
a  police  officer who is a member of an authorized police department or
force or of a sheriff's department, to take the person into custody  and
transport the person as provided in this paragraph. It shall be the duty
of  such peace officer or police officer to take into custody and trans-
port any such person upon receiving such  direction.  The  [division  of
parole]  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall
promptly notify the  attorney  general  and  the  mental  hygiene  legal
service, when a person is taken into custody pursuant to this paragraph.
No  provision  of  this  section  shall preclude the [division] BOARD of
parole from proceeding with a revocation hearing as authorized by subdi-
vision three of section two hundred fifty-nine-i of the executive law.
  (f) The court may modify or terminate the conditions of the regimen of
strict and intensive supervision and treatment on the  petition  of  the
supervising  parole  officer,  the commissioner or the attorney general.
Such petition shall be served on the  respondent  and  the  respondent's
counsel.  A  person  subject to a regimen of strict and intensive super-
vision and treatment pursuant to this article  may  petition  every  two
years  for  modification  or  termination, commencing no sooner than two
years after the regimen of strict and intensive supervision  and  treat-
ment  commenced,  with service of such petition on the attorney general,
the [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPER-
VISION,  and  the commissioner. Upon receipt of a petition for modifica-
tion or termination pursuant to this section, the court may require  the
[division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
and the commissioner to provide a report concerning the person's conduct
while  subject  to  a  regimen  of  strict and intensive supervision and
treatment. If more than one petition is  filed,  the  petitions  may  be
considered in a single hearing.

A. 4012--B                         152

  S  118-f.  Subdivision (h) of section 19.07 of the mental hygiene law,
as added by section 16 of part AAA of chapter 56 of the laws of 2009, is
amended to read as follows:
  (h)  The office of alcoholism and substance abuse services shall moni-
tor programs providing care and treatment  to  inmates  in  correctional
facilities   operated  by  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION who have a history of  alcohol  or
substance  abuse or dependence. The office shall also develop guidelines
for the operation of alcohol and substance abuse treatment  programs  in
such  correctional  facilities  in  order  to  ensure that such programs
sufficiently meet the needs of inmates with  a  history  of  alcohol  or
substance  abuse  or dependence and promote the successful transition to
treatment in the community upon release. No later than the first day  of
December  of  each  year, the office shall submit a report regarding the
adequacy and effectiveness of  alcohol  and  substance  abuse  treatment
programs   operated   by   the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION to  the  governor,  the  temporary
president  of  the  senate, the speaker of the assembly, the chairman of
the senate committee on crime victims, crime  and  correction,  and  the
chairman of the assembly committee on correction.
  S 118-g. Paragraphs 2 and 3 of subdivision (a) of section 19.09 of the
mental  hygiene  law,  paragraph 2 as amended by section 45 of part A of
chapter 56 of the laws of 2010 and paragraph 3 as amended by chapter 601
of the laws of 2007, are amended to read as follows:
  (2) Upon the request of a state agency, including but not  limited  to
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION, the office of probation and correctional alternatives,  AND
the  office  of children and family services, [and the board of parole,]
the commissioner shall have the power to provide  alcoholism,  substance
abuse,  and  chemical  dependence  services  either  directly or through
agreements with local certified or approved providers to persons in  the
custody  or  under  the  jurisdiction  of  the  requesting agency within
amounts available and within priorities established through the planning
process.
  (3)  The  commissioner  may  coordinate  alcoholism,  alcohol   abuse,
substance  abuse,  substance  dependence and chemical dependence related
activities in all departments of  the  state  by  convening  at  regular
intervals a coordinating committee of representatives of the departments
of   health,   [correctional   services]   CORRECTIONS   AND   COMMUNITY
SUPERVISION, labor, economic development, education, and motor vehicles,
and the office of temporary and  disability  assistance  and  any  other
department or agency having an interest therein.
  S  118-h.  Subdivisions (e), (f), (g), (i) and (j) of section 29.27 of
the mental hygiene law, as added by chapter 766 of the laws of 1976, are
amended to read as follows:
  (e) When the director of the facility in which the  inmate-patient  is
in custody finds that the inmate-patient is no longer mentally ill or no
longer  requires  hospitalization  for  care  and treatment, he shall so
notify the inmate-patient and commissioner  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY SUPERVISION or, in the case of an inmate-pa-
tient coming from a jail or correctional institution operated  by  local
government,  the  officer in charge of the jail or correctional institu-
tion from which the inmate-patient was committed.  The  commissioner  of
[correctional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION or such
officer, as the case may be, shall  immediately  arrange  to  take  such

A. 4012--B                         153

inmate-patient into custody and return him to a correctional facility or
to the jail or correctional institution operated by local government.
  (f)  Upon  delivery of the inmate-patient to the representative of the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION or of an officer in charge of a jail or correctional  institution
operated  by  local government, the responsibility of the department and
its facilities for the custody of the  inmate-patient  shall  terminate.
Where  the  inmate  is  returned  to  a state correctional facility, the
department shall continue to be  responsible  for  the  inmate-patient's
psychiatric  care  if the inmate-patient upon his return is in a program
established pursuant to section four hundred one of the correction law.
  (g) If an inmate-patient in the custody of the department escapes from
custody, immediate notice shall be given to the commissioner of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION or, in  the  case
of  an  inmate-patient  coming  from  a jail or correctional institution
operated by local government, to the officer in charge of such  jail  or
correctional  institution. Notice shall also be given to appropriate law
enforcement authorities.
  (i) Upon release of an inmate-patient from a  facility,  the  director
shall  forward  a  copy  of  all  health  and psychiatric records to the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION or to the officer in charge of a jail or correctional institution
operated by local government, as the case may be.
  (j) If the sentence for which an inmate-patient is confined expires or
is vacated or modified by court order, the director shall so notify  the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION  or  such officer in charge of a jail or correctional institution
operated by local government, as appropriate.
  S 118-i. Paragraph 10 of subdivision  (c)  of  section  33.13  of  the
mental  hygiene  law,  as amended by chapter 168 of the laws of 2010, is
amended to read as follows:
  10. to a correctional facility, when the chief administrative  officer
has  requested  such  information with respect to a named inmate of such
correctional facility as defined by subdivision three of  section  forty
of  the  correction  law  or  to  the [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, when  the  [division]  DEPARTMENT
has requested such information with respect to a person under its juris-
diction  or an inmate of a state correctional facility, when such inmate
is within four weeks of release from such institution to [the  jurisdic-
tion  of  the  division  of  parole]  COMMUNITY SUPERVISION. Information
released pursuant to this paragraph may be limited to a summary  of  the
record,  including  but  not  limited  to: the basis for referral to the
facility; the diagnosis upon admission and discharge;  a  diagnosis  and
description  of  the patient's or client's current mental condition; the
current course of treatment, medication and therapies; and  the  facili-
ty's  recommendation  for  future  mental hygiene services, if any. Such
information  may  be  forwarded  to  the  department  of   [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION staff in need of such
information for the purpose  of  making  a  determination  regarding  an
inmate's  health  care,  security,  safety  or ability to participate in
programs. In the event an inmate is transferred, the sending correction-
al facility shall forward, upon request, such  summaries  to  the  chief
administrative  officer of any correctional facility to which the inmate
is subsequently incarcerated. The office of mental health and the office
for people with developmental disabilities,  in  consultation  with  the
commission  of  correction  and  the  [division of parole] DEPARTMENT OF

A. 4012--B                         154

CORRECTIONS AND COMMUNITY SUPERVISION, shall promulgate rules and  regu-
lations to implement the provisions of this paragraph.
  S  118-j.  Subdivision (z) of section 45.07 of the mental hygiene law,
as added by chapter 1 of the  laws  of  2008,  is  amended  to  read  as
follows:
  (z)  Monitor  and  make  recommendations regarding the quality of care
provided to inmates with serious mental illness, including those who are
in a residential mental health treatment unit or segregated  confinement
in  facilities  operated  by  the  department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION, and oversee compliance with para-
graphs (d) and (e) of subdivision six of section one hundred thirty-sev-
en, and section four hundred one, of the correction law. Such  responsi-
bilities  shall  be  carried out in accordance with section four hundred
one-a of the correction law.
  S 119. Clause (c.)  of subparagraph 13 of paragraph (a) of subdivision
1 of section 10 of the municipal home rule law, as amended by section  3
of  part  XX  of  chapter  57 of the laws of 2010, is amended to read as
follows:
  (c.) As used in this subparagraph the  term  "population"  shall  mean
residents,  citizens, or registered voters. For such purposes, no person
shall be deemed to have gained or lost a residence, or to have become  a
resident  of  a  local  government,  as  defined in subdivision eight of
section two of this chapter, by reason of being subject to the jurisdic-
tion of the department of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION and present in a state correctional  facility  pursuant
to such jurisdiction. A population base for such a plan of apportionment
shall  utilize  the  latest  statistical  information obtainable from an
official enumeration done at the same time for all the residents,  citi-
zens,  or  registered  voters  of  the local government. Such a plan may
allocate, by extrapolation or any other  rational  method,  such  latest
statistical  information  to  representation  areas  or  units  of local
government, provided that any plan containing such an  allocation  shall
have annexed thereto as an appendix, a detailed explanation of the allo-
cation.
  S  120. Subdivisions 6 and 7 of section 60.04 of the penal law, subdi-
vision 6 as added by chapter 738 of the laws of 2004 and  subdivision  7
as  added  by  section 18 of part AAA of chapter 56 of the laws of 2009,
are amended to read as follows:
  6. Substance abuse treatment. When the court  imposes  a  sentence  of
imprisonment  which  requires  a  commitment  to the state department of
[correctional services] CORRECTIONS AND  COMMUNITY  SUPERVISION  upon  a
person  who  stands  convicted  of  a  controlled substance or marihuana
offense, the court may, upon motion of the defendant in its  discretion,
issue  an order directing that the department of [correctional services]
CORRECTIONS AND  COMMUNITY  SUPERVISION  enroll  the  defendant  in  the
comprehensive  alcohol and substance abuse treatment program in an alco-
hol and substance abuse correctional annex  as  defined  in  subdivision
eighteen of section two of the correction law, provided that the defend-
ant will satisfy the statutory eligibility criteria for participation in
such  program. Notwithstanding the foregoing provisions of this subdivi-
sion, any defendant to be enrolled in  such  program  pursuant  to  this
subdivision  shall be governed by the same rules and regulations promul-
gated by the  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION,  including  without  limitation  those rules and
regulations establishing requirements for completion and those rules and
regulations governing discipline and removal from the program.  No  such

A. 4012--B                         155

period  of court ordered corrections based drug abuse treatment pursuant
to this subdivision shall be required to extend beyond  the  defendant's
conditional release date.
  7.  a.  Shock  incarceration  participation.  When the court imposes a
sentence of imprisonment which requires a commitment to  the  department
of  [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION upon a
person who stands convicted  of  a  controlled  substance  or  marihuana
offense,  upon  motion  of  the  defendant, the court may issue an order
directing that the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION enroll the defendant in  the  shock  incarceration
program  as  defined  in  article  twenty-six-A  of  the correction law,
provided that the defendant is  an  eligible  inmate,  as  described  in
subdivision  one  of  section eight hundred sixty-five of the correction
law. Notwithstanding the foregoing provisions of this  subdivision,  any
defendant  to  be  enrolled in such program pursuant to this subdivision
shall be governed by the same rules and regulations promulgated  by  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, including without limitation those rules and regulations  estab-
lishing  requirements  for  completion  and  such  rules and regulations
governing discipline and removal from the program.
  b. (i) In the event that an  inmate  designated  by  court  order  for
enrollment  in  the  shock  incarceration  program  requires a degree of
medical care or mental health care that cannot be provided  at  a  shock
incarceration  facility,  the  department,  in writing, shall notify the
inmate, provide a proposal describing a  proposed  alternative-to-shock-
incarceration  program,  and notify him or her that he or she may object
in  writing  to  placement  in  such  alternative-to-shock-incarceration
program.  If the inmate objects in writing to placement in such alterna-
tive-to-shock-incarceration program,  the  department  of  [correctional
services]   CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall  notify  the
sentencing court, provide such proposal to the court,  and  arrange  for
the inmate's prompt appearance before the court. The court shall provide
the  proposal and notice of a court appearance to the people, the inmate
and the appropriate defense attorney. After considering the proposal and
any submissions by the parties, and after a reasonable  opportunity  for
the people, the inmate and counsel to be heard, the court may modify its
sentencing  order accordingly, notwithstanding the provisions of section
430.10 of the criminal procedure law.
  (ii) An inmate who  successfully  completes  an  alternative-to-shock-
incarceration  program  within the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION  shall  be  treated  in  the  same
manner  as  a person who has successfully completed the shock incarcera-
tion program, as set forth in subdivision four of section eight  hundred
sixty-seven of the correction law.
  S  121. Subdivision 8 of section 60.35 of the penal law, as amended by
section 1 of part E of chapter 56 of the laws of  2004,  is  amended  to
read as follows:
  8.  Subdivision  one  of  section 130.10 of the criminal procedure law
notwithstanding, at the time that the mandatory surcharge, sex  offender
registration  fee  or  DNA  databank fee, crime victim assistance fee or
supplemental sex offender victim fee is imposed a town or village  court
may,  and  all other courts shall, issue and cause to be served upon the
person required to pay the mandatory surcharge, sex  offender  registra-
tion  fee  or  DNA  databank fee, crime victim assistance fee or supple-
mental sex offender victim fee, a summons  directing  that  such  person
appear   before  the  court  regarding  the  payment  of  the  mandatory

A. 4012--B                         156

surcharge, sex offender registration fee  or  DNA  databank  fee,  crime
victim  assistance fee or supplemental sex offender victim fee, if after
sixty days from the date it was imposed it remains  unpaid.  The  desig-
nated  date  of appearance on the summons shall be set for the first day
court is in session falling after the sixtieth day from  the  imposition
of  the  mandatory surcharge, sex offender registration fee or DNA data-
bank fee, crime victim  assistance  fee  or  supplemental  sex  offender
victim fee. The summons shall contain the information required by subdi-
vision  two  of section 130.10 of the criminal procedure law except that
in substitution for the requirement of paragraph (c) of such subdivision
the summons shall state that the person served must appear  at  a  date,
time  and specific location specified in the summons if after sixty days
from the date of issuance the mandatory surcharge, sex  offender  regis-
tration  fee or DNA databank fee, crime victim assistance fee or supple-
mental sex offender victim fee remains unpaid. The court shall not issue
a summons under this subdivision to a person who is being sentenced to a
term of confinement in excess of sixty days in jail or in the department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.    The
mandatory  surcharges,  sex  offender  registration fee and DNA databank
fees, crime victim assistance fees and supplemental sex offender  victim
fees  for  those  persons shall be governed by the provisions of section
60.30 of this article.
  S 122. Paragraph (b) of subdivision 2 of section 70.02  of  the  penal
law,  as separately amended by chapters 764 and 765 of the laws of 2005,
is amended to read as follows:
  (b) Except as provided in paragraph (b-1) of this subdivision,  subdi-
vision  six  of  section 60.05 and subdivision four of this section, the
sentence imposed upon a person who stands convicted of a class D violent
felony offense, other than the offense of criminal possession of a weap-
on in the third degree as defined in subdivision [four,] five, seven  or
eight  of  section  265.02  or  criminal  sale of a firearm in the third
degree as defined in section 265.11, must  be  in  accordance  with  the
applicable provisions of this chapter relating to sentencing for class D
felonies  provided,  however,  that  where a sentence of imprisonment is
imposed which requires a commitment to the state department of  [correc-
tional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION, such sentence
shall be a determinate sentence in  accordance  with  paragraph  (c)  of
subdivision three of this section.
  S  123. Subdivision 7 of section 70.06 of the penal law, as amended by
chapter 738 of the laws of 2004, is amended to read as follows:
  7. Notwithstanding any other provision of law, in the case of a person
sentenced for a specified offense or offenses as defined in  subdivision
five  of  section  410.91  of  the  criminal  procedure  law, who stands
convicted of no other  felony  offense,  who  has  not  previously  been
convicted of either a violent felony offense as defined in section 70.02
of  this  article, a class A felony offense or a class B felony offense,
and is not under the jurisdiction of or awaiting delivery to the depart-
ment of [correctional services] CORRECTIONS AND  COMMUNITY  SUPERVISION,
the  court  may direct that such sentence be executed as a parole super-
vision sentence as defined in and pursuant to the procedures  prescribed
in section 410.91 of the criminal procedure law.
  S  124.  Section  70.20 of the penal law, as amended by chapter 303 of
the laws of 1981, subdivision 1 as separately amended by chapters 3  and
516 of the laws of 1995, paragraphs (b), (c), (d) and (e) of subdivision
1  as added by chapter 516 of the laws of 1995, subdivision 2-a as added
by chapter 1 of the laws of 1995, subdivision 3 as amended by chapter  3

A. 4012--B                         157

of the laws of 1995, subdivision 4 as amended by chapter 479 of the laws
of 1992, paragraph (a) of subdivision 4 as separately amended by chapter
465  of  the laws of 1992 and paragraphs (d) and (e) of subdivision 4 as
relettered and subdivision 5 as designated by chapter 516 of the laws of
1995, is amended to read as follows:
S 70.20 Place of imprisonment.
  1.  (a)  Indeterminate  or determinate sentence. Except as provided in
subdivision four of this section, when an indeterminate  or  determinate
sentence  of imprisonment is imposed, the court shall commit the defend-
ant to the custody of the state department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  for  the  term  of  his or her
sentence and until released in accordance with the law; provided, howev-
er, that a defendant sentenced pursuant to subdivision seven of  section
70.06  shall  be  committed  to  the  custody of the state department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION for  imme-
diate delivery to a reception center operated by the department.
  (b)  The court in committing a defendant who is not yet eighteen years
of age to the department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION  shall inquire as to whether the parents or legal
guardian of the defendant, if present,  will  grant  to  the  minor  the
capacity  to  consent  to  routine  medical,  dental  and  mental health
services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits a defendant who is not yet eighteen years of age to the  custody
of  the  department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION in accordance with this section and no medical  consent  has
been  obtained  prior  to said commitment, the commitment order shall be
deemed to grant the capacity to consent to routine medical,  dental  and
mental health services and treatment to the person so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian  of  an  inmate  who is not yet eighteen years of age from making a
motion  on  notice  to  the  department   of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION pursuant to article twenty-two of
the civil practice law and rules and section one hundred  forty  of  the
correction  law,  objecting  to routine medical, dental or mental health
services  and  treatment  being  provided  to  such  inmate  under   the
provisions of paragraph (b) of this subdivision.
  (e)  Nothing  in  this  section shall require that consent be obtained
from the parent or legal guardian, where  no  consent  is  necessary  or
where  the  defendant  is authorized by law to consent on his or her own
behalf to any medical, dental, and mental health service or treatment.
  2. Definite sentence. Except as provided in subdivision four  of  this
section,  when a definite sentence of imprisonment is imposed, the court
shall commit the defendant to the county or regional correctional insti-
tution for the term of his sentence and  until  released  in  accordance
with the law.
  2-a.  Sentence of life imprisonment without parole. When a sentence of
life imprisonment without parole is imposed, the court shall commit  the
defendant  to  the  custody  of  the  state  department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION for the remainder of the
life of the defendant.
  3. Undischarged imprisonment in other jurisdiction. When  a  defendant
who  is  subject  to  an undischarged term of imprisonment, imposed at a
previous time by a court of another jurisdiction,  is  sentenced  to  an
additional term or terms of imprisonment by a court of this state to run
concurrently  with  such  undischarged  term, as provided in subdivision

A. 4012--B                         158

four of section 70.25, the return of the defendant to the custody of the
appropriate official of the other jurisdiction shall be deemed a commit-
ment for such portion of the term or terms of the  sentence  imposed  by
the  court of this state as shall not exceed the said undischarged term.
The defendant shall be committed to the custody of the state  department
of  [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION if the
additional term or terms are indeterminate  or  determinate  or  to  the
appropriate county or regional correctional institution if the said term
or  terms  are  definite  for  such  portion of the term or terms of the
sentence imposed  as  shall  exceed  such  undischarged  term  or  until
released  in  accordance  with  law.  If  such  additional term or terms
imposed shall run consecutively  to  the  said  undischarged  term,  the
defendant  shall be committed as provided in subdivisions one and two of
this section.
  4. (a) Notwithstanding any other provision of law to the  contrary,  a
juvenile  offender, or a juvenile offender who is adjudicated a youthful
offender and given an indeterminate or a  definite  sentence,  shall  be
committed   to  the  custody  of  the  [director  of  the  division  for
youth]COMMISSIONER OF THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  who
shall  arrange for the confinement of such offender in secure facilities
of the [division] OFFICE.   The release or transfer  of  such  offenders
from  the  [division  for  youth] OFFICE OF CHILDREN AND FAMILY SERVICES
shall be governed by section five hundred eight of the executive law.
  (b) The court in committing a juvenile offender and youthful  offender
to the custody of the [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES  shall  inquire  as to whether the parents or legal guardian of
the youth, if present, will consent for the [division] OFFICE  OF  CHIL-
DREN  AND  FAMILY SERVICES to provide routine medical, dental and mental
health services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits an offender to the custody of the [division for youth] OFFICE OF
CHILDREN AND FAMILY SERVICES in accordance  with  this  section  and  no
medical  consent has been obtained prior to said commitment, the commit-
ment order shall be deemed to grant consent for the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES to provide for  routine  medical,
dental  and  mental  health  services  and  treatment to the offender so
committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an offender who is not yet eighteen years of age from  making  a
motion  on  notice  to  the  [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES pursuant to article twenty-two of the civil practice law
and rules objecting to routine medical, dental or mental health services
and treatment being provided to such offender under  the  provisions  of
paragraph (b) of this subdivision.
  (e)  Nothing  in  this  section shall require that consent be obtained
from the parent or legal guardian, where  no  consent  is  necessary  or
where  the  offender  is  authorized by law to consent on his or her own
behalf to any medical, dental and mental health service or treatment.
  5. Subject  to  regulations  of  the  department  of  health,  routine
medical,  dental and mental health services and treatment is defined for
the purposes of this section to mean any routine diagnosis or treatment,
including without limitation the administration of medications or nutri-
tion, the extraction of bodily fluids  for  analysis,  and  dental  care
performed with a local anesthetic. Routine mental health treatment shall
not  include  psychiatric administration of medication unless it is part

A. 4012--B                         159

of an ongoing mental health plan or unless it is otherwise authorized by
law.
  S  125. Subdivisions 1 and 3 of section 70.20 of the penal law, subdi-
vision 1 as amended by chapter 516 of the laws of 1995 and subdivision 3
as amended by chapter 303 of the laws of 1981, are amended  to  read  as
follows:
  1.  (a) Indeterminate sentence. Except as provided in subdivision four
of this section, when  an  indeterminate  sentence  of  imprisonment  is
imposed,  the  court  shall  commit  the defendant to the custody of the
state department of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  for  the  term of his or her sentence and until released in
accordance with the law.
  (b) The court in committing a defendant who is not yet eighteen  years
of  age  to  the  department  of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION shall inquire as to whether the parents  or  legal
guardian  of  the  defendant,  if  present,  will grant to the minor the
capacity to  consent  to  routine  medical,  dental  and  mental  health
services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits  a defendant who is not yet eighteen years of age to the custody
of the department of [correctional services] CORRECTIONS  AND  COMMUNITY
SUPERVISION  in  accordance with this section and no medical consent has
been obtained prior to said commitment, the commitment  order  shall  be
deemed  to  grant the capacity to consent to routine medical, dental and
mental health services and treatment to the person so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of  age  from  making  a
motion   on   notice   to  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION pursuant to article twenty-two  of
the  civil  practice  law and rules and section one hundred forty of the
correction law, objecting to routine medical, dental  or  mental  health
services   and  treatment  being  provided  to  such  inmate  under  the
provisions of paragraph (b) of this subdivision.
  (e) Nothing in this section shall require  that  consent  be  obtained
from  the  parent  or  legal  guardian, where no consent is necessary or
where the defendant is authorized by law to consent on his  or  her  own
behalf to any medical, dental, and mental health service or treatment.
  3.  Undischarged  imprisonment in other jurisdiction. When a defendant
who is subject to an undischarged term of  imprisonment,  imposed  at  a
previous  time  by  a  court of another jurisdiction, is sentenced to an
additional term or terms of imprisonment by a court of this state to run
concurrently with such undischarged term,  as  provided  in  subdivision
four of section 70.25, the return of the defendant to the custody of the
appropriate official of the other jurisdiction shall be deemed a commit-
ment  for  such  portion of the term or terms of the sentence imposed by
the court of this state as shall not exceed the said undischarged  term.
The  defendant shall be committed to the custody of the state department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION if  the
additional  term or terms are indeterminate or to the appropriate county
or regional correctional institution if the said term or terms are defi-
nite for such portion of the term or terms of the  sentence  imposed  as
shall exceed such undischarged term or until released in accordance with
law. If such additional term or terms imposed shall run consecutively to
the said undischarged term, the defendant shall be committed as provided
in subdivisions one and two of this section.

A. 4012--B                         160

  S 126. The opening paragraph of subdivision 1 and subdivisions 6 and 7
of  section 70.30 of the penal law, the opening paragraph of subdivision
1 as amended by chapter 3 of the laws of 1995, subdivision 6 as  amended
by chapter 465 of the laws of 1974 and subdivision 7 as amended by chap-
ter 392 of the laws of 1988, are amended to read as follows:
  An  indeterminate  or  determinate  sentence of imprisonment commences
when the prisoner is received in an institution under  the  jurisdiction
of  the  state  department  of  [correctional  services] CORRECTIONS AND
COMMUNITY SUPERVISION. Where a person is under more than one  indetermi-
nate  or  determinate  sentence,  the  sentences  shall be calculated as
follows:
  6. Escape. When a person who is serving  a  sentence  of  imprisonment
escapes  from  custody, the escape shall interrupt the sentence and such
interruption shall continue until the return of the person to the insti-
tution in which the sentence was being served or, if  the  sentence  was
being  served  in  an  institution  under  the jurisdiction of the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION, to an institution under the jurisdiction of that department. Any
time spent by such person in custody from the date of escape to the date
the  sentence resumes shall be credited against the term or maximum term
of the interrupted sentence, provided:
  (a) That such custody was due to an arrest or surrender based upon the
escape; or
  (b) That such custody arose from an arrest  on  another  charge  which
culminated in a dismissal or an acquittal; or
  (c)  That  such  custody  arose from an arrest on another charge which
culminated in a conviction, but in such case, if a sentence of imprison-
ment was imposed, the credit allowed shall be limited to the portion  of
the  time spent in custody that exceeds the period, term or maximum term
of imprisonment imposed for such conviction.
  7. Absconding from temporary  release  or  furlough  program.  When  a
person  who  is serving a sentence of imprisonment is permitted to leave
an institution to participate in a program of work release  or  furlough
program as such term is defined in section six hundred thirty-one of the
correction  law, or in the case of an institution under the jurisdiction
of the state  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION or a facility under the jurisdiction of the state
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES  to  partic-
ipate in a program of temporary release, fails to return to the institu-
tion or facility at or before the time prescribed for his OR HER return,
such  failure  shall  interrupt the sentence and such interruption shall
continue until the return of the person to the institution in which  the
sentence  was  being  served  or, if the sentence was being served in an
institution under the jurisdiction of the state department  of  [correc-
tional  services]  CORRECTIONS  AND  COMMUNITY SUPERVISION or a facility
under the jurisdiction of the state [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES to an institution  under  the  jurisdiction  of
that  department or a facility under the jurisdiction of that [division]
OFFICE.  Any time spent by such person in an institution from  the  date
of  his OR HER failure to return to the date his OR HER sentence resumes
shall be credited against the term or maximum term  of  the  interrupted
sentence, provided:
  (a)  That  such  incarceration was due to an arrest or surrender based
upon the failure to return; or
  (b) That such incarceration arose from an  arrest  on  another  charge
which culminated in a dismissal or an acquittal; or

A. 4012--B                         161

  (c)  That  such  custody  arose from an arrest on another charge which
culminated in a conviction, but in such case, if a sentence of imprison-
ment was imposed, the credit allowed shall be limited to the portion  of
the  time spent in custody that exceeds the period, term or maximum term
of imprisonment imposed for such conviction.
  S  127. The opening paragraph of subdivision 1 of section 70.30 of the
penal law, as amended by chapter 481 of the laws of 1978, is amended  to
read as follows:
  An  indeterminate sentence of imprisonment commences when the prisoner
is received in an  institution  under  the  jurisdiction  of  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION. Where a person is under more than  one  indeterminate  sentence,
the sentences shall be calculated as follows:
  S  127-a.  Section  70.35 of the penal law, as amended by chapter 3 of
the laws of 1995, is amended to read as follows:
S 70.35 Merger of certain  definite  and  indeterminate  or  determinate
            sentences.
  The  service  of an indeterminate or determinate sentence of imprison-
ment shall satisfy any definite sentence of imprisonment  imposed  on  a
person  for  an offense committed prior to the time the indeterminate or
determinate sentence was imposed, except as provided in paragraph (b) of
subdivision five of section 70.25 of this article. A person who is serv-
ing a definite sentence at the  time  an  indeterminate  or  determinate
sentence  is  imposed  shall  be  delivered  to the custody of the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  to commence service of the indeterminate or determinate sentence
immediately unless the person is serving a definite sentence pursuant to
paragraph (b) of subdivision five of section 70.25 of this  article.  In
any  case  where the indeterminate or determinate sentence is revoked or
vacated, the person shall receive credit against the  definite  sentence
for  each  day  spent in the custody of the state department of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 127-b. Section 70.35 of the penal law, as amended by chapter 527  of
the laws of 1989, is amended to read as follows:
S 70.35 Merger of certain definite and indeterminate sentences.
  The service of an indeterminate sentence of imprisonment shall satisfy
any definite sentence of imprisonment imposed on a person for an offense
committed  prior  to  the  time  the indeterminate sentence was imposed,
except as provided in paragraph (b) of subdivision five of section 70.25
of this article. A person who is serving a definite sentence at the time
an indeterminate sentence is imposed shall be delivered to  the  custody
of  the  state  department  of  [correctional  services] CORRECTIONS AND
COMMUNITY SUPERVISION to commence service of the indeterminate  sentence
immediately unless the person is serving a definite sentence pursuant to
paragraph  (b)  of subdivision five of section 70.25 of this article. In
any case where the indeterminate sentence is  revoked  or  vacated,  the
person  shall  receive credit against the definite sentence for each day
spent in the custody of the state department of [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  S  127-c. Paragraph (a) of subdivision 1 of section 70.40 of the penal
law, as amended by chapter 3 of the laws of 1995,  subparagraph  (i)  as
amended  by chapter 435 of the laws of 1997, subparagraph (v) as amended
by section 7 of part J of chapter 56 of the laws of 2009, is amended  to
read as follows:
  (a) Release on parole shall be in the discretion of the state board of
parole, and such person shall continue service of his OR HER sentence or

A. 4012--B                         162

sentences  while  on  parole,  in  accordance  with  and  subject to the
provisions of the executive law AND THE CORRECTION LAW.
  (i)  A  person  who  is  serving  one  or  more than one indeterminate
sentence of imprisonment may be paroled from the institution in which he
OR SHE is confined at any time after the expiration of  the  minimum  or
the  aggregate  minimum  period  of  the sentence or sentences or, where
applicable, the minimum or aggregate minimum period reduced by the merit
time allowance granted pursuant to paragraph (d) of subdivision  one  of
section eight hundred three of the correction law.
  (ii) A person who is serving one or more than one determinate sentence
of imprisonment shall be ineligible for discretionary release on parole.
  (iii)  A  person  who  is  serving  one or more than one indeterminate
sentence of imprisonment and one or more than one  determinate  sentence
of imprisonment, which run concurrently may be paroled at any time after
the  expiration  of the minimum period of imprisonment of the indetermi-
nate sentence or sentences, or upon the expiration  of  six-sevenths  of
the  term  of  imprisonment  of  the  determinate sentence or sentences,
whichever is later.
  (iv) A person who is  serving  one  or  more  than  one  indeterminate
sentence  of  imprisonment and one or more than one determinate sentence
of imprisonment which run consecutively may be paroled at any time after
the expiration of the sum of the minimum or aggregate minimum period  of
the  indeterminate sentence or sentences and six-sevenths of the term or
aggregate term of imprisonment of the determinate sentence or sentences.
  (v) Notwithstanding any other subparagraph of this paragraph, a person
may be paroled from the institution in which he OR SHE  is  confined  at
any  time on medical parole pursuant to section two hundred fifty-nine-r
or section two hundred fifty-nine-s of the executive law or for deporta-
tion pursuant to paragraph (d) of subdivision two of section two hundred
fifty-nine-i of the executive law or after the successful completion  of
a  shock  incarceration  program pursuant to article twenty-six-A of the
correction law.
  S 127-d. Paragraph (a) of subdivision 1 of section 70.40 of the  penal
law,  as separately amended by chapter 261 of the laws of 1987 and chap-
ter 55 of the laws of 1992, subparagraph (i) as added by  chapter  3  of
the laws of 1995, is amended to read as follows:
  (a)  (I)  A  person  who is serving one or more than one indeterminate
sentence of imprisonment may be paroled from the institution in which he
OR SHE is confined at any time after the expiration of  the  minimum  or
the  aggregate  minimum  period  of  imprisonment  of  the  sentence  or
sentences or after the successful completion of  a  shock  incarceration
program,  as  defined  in  article  twenty-six-A  of the correction law,
whichever is sooner. Release on parole shall be in the discretion of the
state board of parole, and such person shall continue service of his  OR
HER  sentence  or  sentences  while  on  parole,  in accordance with and
subject to the provisions of the executive law AND THE CORRECTION LAW.
  [(i)] (II) A person who is serving one or more than one  indeterminate
sentence of imprisonment may be paroled from the institution in which he
OR  SHE  is  confined at any time after the expiration of the minimum or
the aggregate minimum period of the sentence or sentences.
  S 127-d-1. Paragraph (b) of subdivision 1  of  section  70.40  of  the
penal  law,  as  amended by chapter 1 of the laws of 1998, is amended to
read as follows:
  (b) A person who is serving one or  more  than  one  indeterminate  or
determinate sentence of imprisonment shall, if he OR SHE so requests, be
conditionally  released  from  the  institution  in  which  he OR SHE is

A. 4012--B                         163

confined when the total good behavior time allowed to him OR HER, pursu-
ant to the provisions of the correction law, is equal  to  the  unserved
portion  of  his  OR  HER  term, maximum term or aggregate maximum term;
provided,  however,  that  (i) in no event shall a person serving one or
more indeterminate sentence of imprisonment and one or more  determinate
sentence   of  imprisonment  which  run  concurrently  be  conditionally
released until serving at least six-sevenths of the determinate term  of
imprisonment  which has the longest unexpired time to run and (ii) in no
event shall a person be conditionally released  prior  to  the  date  on
which  such  person  is first eligible for discretionary parole release.
The conditions of release, including those governing post-release super-
vision, shall be such as may be imposed by the [state board  of  parole]
DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION in accordance with
the provisions of the [executive] CORRECTION law.
  Every person so released shall be under the supervision of  the  state
[board  of  parole]  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
for a period equal to the unserved portion of the  term,  maximum  term,
aggregate maximum term, or period of post-release supervision.
  S  127-e. Paragraph (b) of subdivision 1 of section 70.40 of the penal
law, as separately amended by chapter 467 of the laws of 1979 and  chap-
ter  1  of the laws of 1998, the closing paragraph as separately amended
by chapter 148 of the laws of 1975 and chapter 1 of the laws of 1998, is
amended to read as follows:
  (b) A person who  is  serving  one  or  more  than  one  indeterminate
sentence  of  imprisonment  shall,  if  he OR SHE so requests, be condi-
tionally released from the institution in which he OR  SHE  is  confined
when the total good behavior time allowed to him OR HER, pursuant to the
provisions  of  the  correction law, is equal to the unserved portion of
his OR HER maximum or aggregate maximum term. The conditions of release,
including those governing post-release supervision, shall be such as may
be imposed by the [state board of parole] DEPARTMENT OF CORRECTIONS  AND
COMMUNITY  SUPERVISION  in accordance with the provisions of the [execu-
tive] CORRECTION law.
  Every person so released shall be under the supervision of the  [state
board of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION for
a period equal to the unserved portion of the maximum, aggregate maximum
term, or period of post-release supervision.
  S  127-f. Paragraph (c) of subdivision 1 of section 70.40 of the penal
law, as added by section 13 of part E of chapter 62 of the laws of 2003,
is amended to read as follows:
  (c) A person who  is  serving  one  or  more  than  one  indeterminate
sentence  of  imprisonment  shall, if he or she so requests, be released
from the institution in which he or she is confined if granted  presump-
tive  release  pursuant  to  section eight hundred six of the correction
law. The conditions of release shall be such as may be  imposed  by  the
[state  board  of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION in accordance with the provisions of the  [executive]  CORRECTION
law.  Every  person  so  released  shall be under the supervision of the
[state board of parole] DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPER-
VISION  for a period equal to the unserved portion of his or her maximum
or aggregate maximum term unless discharged in accordance with law.
  S 127-g. Subdivision 2 of section 70.40 of the penal law,  as  amended
by section 4 of part SS of chapter 56 of the laws of 2009, is amended to
read as follows:
  2.  Definite  sentence.  A  person who is serving one or more than one
definite sentence of imprisonment with  a  term  or  aggregate  term  in

A. 4012--B                         164

excess  of  ninety  days,  and  is eligible for release according to the
criteria set forth in paragraphs (a), (b) and (c) of subdivision one  of
section  two  hundred seventy-three of the correction law, may, if he or
she so requests, be conditionally released from the institution in which
he  or  she  is confined at any time after service of sixty days of that
term, exclusive of credits allowed under subdivisions four  and  six  of
section  70.30.  In  computing service of sixty days, the credit allowed
for jail time under subdivision three of section 70.30 shall  be  calcu-
lated as time served. Conditional release from such institution shall be
in  the  discretion  of the parole board, or a local conditional release
commission established pursuant to article twelve of the correction law,
provided, however that where such release  is  by  a  local  conditional
release  commission, the person must be serving a definite sentence with
a term in excess of one hundred twenty days and  may  only  be  released
after service of ninety days of such term. In computing service of nine-
ty  days,  the  credit  allowed for jail time under subdivision three of
section 70.30 of this article shall be  calculated  as  time  served.  A
conditional  release  granted  under this subdivision shall be upon such
conditions as may  be  imposed  by  the  [parole  board]  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION, in accordance with the provisions
of  the  [executive]  CORRECTION  law,  or  a  local conditional release
commission in accordance with the provisions of the correction law.
  Conditional  release  shall  interrupt  service  of  the  sentence  or
sentences  and the remaining portion of the term or aggregate term shall
be held in abeyance. Every person so released shall be under the  super-
vision  of  the  [parole  board] DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION or a local probation department and in the  custody  of  the
local  conditional  release commission in accordance with article twelve
of the correction law, for a period of one  year.  The  local  probation
department  shall  cause  complete  records  to  be kept of every person
released to its supervision pursuant to this subdivision. The  [division
of  parole]  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY SUPERVISION may
supply to a local probation department and the local conditional release
commission custody information and records maintained on  persons  under
the  supervision  of  such  local  probation  department  to  aid in the
performance of its supervision  responsibilities.  Compliance  with  the
conditions of release during the period of supervision shall satisfy the
portion of the term or aggregate term that has been held in abeyance.
  S  127-h.  Paragraphs (a) and (b) of subdivision 3 of section 70.40 of
the penal law, paragraph (a) as amended by section 14 of part E of chap-
ter 62 of the laws of 2003, paragraph (b) as amended  by  section  5  of
part  SS  of  chapter  56  of  the  laws of 2009, are amended to read as
follows:
  (a) When a person is alleged to have violated the terms of presumptive
release or parole and the state board of parole has declared such person
to be delinquent, the declaration of  delinquency  shall  interrupt  the
person's  sentence  as  of  the  date of the delinquency and such inter-
ruption shall continue until the return of the person to an  institution
under   the  jurisdiction  of  the  state  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.
  (b) When a person is alleged to have violated the terms of his OR  HER
conditional  release  or  post-release supervision and has been declared
delinquent by the parole board or the local conditional release  commis-
sion having supervision over such person, the declaration of delinquency
shall interrupt the period of supervision or post-release supervision as
of  the  date of the delinquency. For a conditional release, such inter-

A. 4012--B                         165

ruption shall continue until the return of the person to the institution
from which he OR SHE was released or, if he OR SHE was released from  an
institution  under  the jurisdiction of the state department of [correc-
tional  services]  CORRECTIONS AND COMMUNITY SUPERVISION, to an institu-
tion under the jurisdiction of that department. Upon  such  return,  the
person  shall  resume  service  of  his  OR  HER  sentence. For a person
released to post-release supervision, the provisions  of  section  70.45
shall apply.
  S 127-i. Intentionally omitted.
  S  127-j.  Subdivisions  3 and 5 of section 70.45 of the penal law, as
added by chapter 1 of the laws of 1998, paragraph (d) of  subdivision  5
as amended by section 5 of part E of chapter 56 of the laws of 2007, are
amended to read as follows:
  3.  Conditions  of  post-release  supervision.  The  [board of parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION shall establish  and
impose  conditions of post-release supervision in the same manner and to
the same extent as it may establish and impose conditions in  accordance
with  the [executive] CORRECTION law upon persons who are granted parole
or  conditional  release;  provided  that,  notwithstanding  any   other
provision  of  law,  the [board of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION may impose as a condition of  post-release  super-
vision  that for a period not exceeding six months immediately following
release from the underlying term of imprisonment the  person  be  trans-
ferred  to  and  participate  in the programs of a residential treatment
facility as that term is defined in subdivision six of  section  two  of
the  correction  law. Upon release from the underlying term of imprison-
ment, the person shall be furnished with  a  written  statement  setting
forth the conditions of post-release supervision in sufficient detail to
provide for the person's conduct and supervision.
  5.  Calculation  of  service  of period of post-release supervision. A
period or periods of post-release supervision shall  be  calculated  and
served as follows:
  (a)  A  period  of  post-release  supervision  shall commence upon the
person's release from imprisonment to supervision by  the  [division  of
parole]  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION and shall
interrupt the running of the determinate sentence or sentences of impri-
sonment and the indeterminate sentence or sentences of imprisonment,  if
any.  The  remaining  portion  of  any maximum or aggregate maximum term
shall then be held in abeyance until the successful  completion  of  the
period of post-release supervision or the person's return to the custody
of  the  [department of correctional services] DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION, whichever occurs first.
  (b) Upon the completion of the period of post-release supervision, the
running of such sentence or sentences of imprisonment shall  resume  and
only  then shall the remaining portion of any maximum or aggregate maxi-
mum term previously held in abeyance be credited with and diminished  by
such  period of post-release supervision. The person shall then be under
the jurisdiction of the [division of parole] DEPARTMENT  OF  CORRECTIONS
AND  COMMUNITY  SUPERVISION for the remaining portion of such maximum or
aggregate maximum term.
  (c) When a person is subject to two or more  periods  of  post-release
supervision, such periods shall merge with and be satisfied by discharge
of  the  period of post-release supervision having the longest unexpired
time to run; provided, however, any time served upon one period of post-
release supervision shall not be credited to any other period  of  post-

A. 4012--B                         166

release  supervision  except  as provided in subdivision five of section
70.30 of this article.
  (d)  When a person is alleged to have violated a condition of post-re-
lease supervision and the [division of parole] DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION has declared such person to be delinquent: (i)
the declaration of delinquency shall interrupt the  period  of  post-re-
lease  supervision;  (ii)  such  interruption  shall  continue until the
person is restored to post-release supervision; (iii) if the  person  is
restored  to  post-release  supervision  without  being  returned to the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION,  any  time  spent  in custody from the date of delinquency until
restoration to post-release supervision shall first be credited  to  the
maximum or aggregate maximum term of the sentence or sentences of impri-
sonment,  but  only  to  the  extent  authorized by subdivision three of
section 70.40 of this article. Any time spent in custody solely pursuant
to such delinquency after completion of the maximum or aggregate maximum
term of the sentence or sentences of imprisonment shall be  credited  to
the  period  of post-release supervision, if any; and (iv) if the person
is  ordered  returned  to  the  department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY SUPERVISION, the person shall be required to
serve the time  assessment  before  being  re-released  to  post-release
supervision.  In  the event the balance of the remaining period of post-
release supervision is six months or less, such time assessment  may  be
up to six months unless a longer period is authorized pursuant to subdi-
vision  one of this section. The time assessment shall commence upon the
issuance of a determination after a final hearing that  the  person  has
violated  one  or  more  conditions  of  supervision. While serving such
assessment, the person shall not receive  any  good  behavior  allowance
pursuant to section eight hundred three of the correction law.  Any time
spent  in  custody  from  the  date  of  delinquency until return to the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  shall first be credited to the maximum or aggregate maximum term
of the sentence or sentences of imprisonment, but  only  to  the  extent
authorized  by  subdivision  three of section 70.40 of this article. The
maximum or aggregate maximum term of the sentence or sentences of impri-
sonment shall run while the person is serving such  time  assessment  in
the custody of the department of [correctional services] CORRECTIONS AND
COMMUNITY  SUPERVISION.    Any  time spent in custody solely pursuant to
such delinquency after completion of the maximum  or  aggregate  maximum
term  of  the sentence or sentences of imprisonment shall be credited to
the period of post-release supervision, if any.
  (e) Notwithstanding paragraph (d) of this subdivision, in the event  a
person  is sentenced to one or more additional indeterminate or determi-
nate term or terms of imprisonment prior to the completion of the period
of post-release supervision, such  period  of  post-release  supervision
shall  be  held  in  abeyance  and  the person shall be committed to the
custody of the department of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION  in accordance with the requirements of the prior
and additional terms of imprisonment.
  (f) When a person serving a  period  of  post-release  supervision  is
returned  to  the  department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION pursuant to an additional consecutive sentence  of
imprisonment  and  without  a declaration of delinquency, such period of
post-release supervision shall be held in abeyance while the  person  is
in  the custody of the department of [correctional services] CORRECTIONS

A. 4012--B                         167

AND COMMUNITY SUPERVISION.   Such  period  of  post-release  supervision
shall resume running upon the person's re-release.
  S  127-k. Paragraph (d) of subdivision 3 of section 70.70 of the penal
law, as added by chapter 738 of the laws of 2004, is amended to read  as
follows:
  (d)  Sentence of parole supervision. In the case of a person sentenced
for a specified offense or offenses as defined in  subdivision  five  of
section 410.91 of the criminal procedure law, who stands convicted of no
other  felony offense, who has not previously been convicted of either a
violent felony offense as defined in section 70.02 of  this  article,  a
class A felony offense or a class B felony offense, and is not under the
jurisdiction  of or awaiting delivery to the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION, the  court  may  direct
that  a  determinate sentence imposed pursuant to this subdivision shall
be executed as a parole supervision sentence as defined in and  pursuant
to the procedures prescribed in section 410.91 of the criminal procedure
law.
  S  127-l.  Subdivision 1 of section 85.15 of the penal law, as amended
by chapter 3 of the laws of 1995, is amended to read as follows:
  1. Indeterminate and determinate sentences. The service of an indeter-
minate or a determinate  sentence  of  imprisonment  shall  satisfy  any
sentence of intermittent imprisonment imposed on a person for an offense
committed  prior  to  the time the indeterminate or determinate sentence
was imposed. A person who is serving a sentence of  intermittent  impri-
sonment at the time an indeterminate or a determinate sentence of impri-
sonment  is  imposed  shall  be  delivered  to  the custody of the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  to commence service of the indeterminate or determinate sentence
immediately.
  S 127-m. Subdivision 1 of section 85.15 of the penal law, as added  by
chapter 477 of the laws of 1970, is amended to read as follows:
  1. Indeterminate and reformatory sentences. The service of an indeter-
minate  or  a  reformatory  sentence  of  imprisonment shall satisfy any
sentence of intermittent imprisonment imposed on a person for an offense
committed prior to the time the indeterminate  or  reformatory  sentence
was  imposed.  A person who is serving a sentence of intermittent impri-
sonment at the time an indeterminate or a reformatory sentence of impri-
sonment is imposed shall be  delivered  to  the  custody  of  the  state
department  of  [correction]  CORRECTIONS  AND  COMMUNITY SUPERVISION to
commence service of the indeterminate or reformatory sentence immediate-
ly.
  S 127-n. Section 205.17 of the penal law, as amended by chapter 460 of
the laws of 1983, is amended to read as follows:
S 205.17 Absconding from temporary release in the first degree.
  A person is guilty of absconding from temporary release in  the  first
degree  when  having  been  released  from confinement in a correctional
institution under the jurisdiction of the state department  of  [correc-
tional  services]  CORRECTIONS  AND  COMMUNITY SUPERVISION or a facility
under the jurisdiction of the state [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES  to  participate  in  a  program  of  temporary
release,  he  OR SHE intentionally fails to return to the institution or
facility of his  OR HER confinement at or before the time prescribed for
his OR HER return.
  Absconding from temporary release in the first degree  is  a  class  E
felony.

A. 4012--B                         168

  S  127-o.  Section 205.19 of the penal law, as added by chapter 554 of
the laws of 1986, is amended to read as follows:
S 205.19 Absconding from a community treatment facility.
  A  person  is guilty of absconding from a community treatment facility
when having been released from confinement from a correctional  institu-
tion  under  the  jurisdiction  of the state department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION by transfer to a  commu-
nity treatment facility, he OR SHE leaves such facility without authori-
zation  or  he  OR  SHE  intentionally  fails to return to the community
treatment facility at or before the  time  prescribed  for  his  OR  HER
return.
  Absconding from a community treatment facility is a class E felony.
  S  127-p.  Section  240.32  of the penal law, as separately amended by
chapters 422 and 441 of the laws of 2000, is amended to read as follows:
S 240.32 Aggravated harassment of an employee by an inmate.
  An inmate or respondent is  guilty  of  aggravated  harassment  of  an
employee  by  an  inmate when, with intent to harass, annoy, threaten or
alarm a person in a facility whom he OR SHE knows or  reasonably  should
know  to  be  an employee of such facility or the [division of] BOARD OF
parole or the office of mental health, or a probation department, bureau
or unit or a police officer, he OR SHE causes or attempts to cause  such
employee to come into contact with blood, seminal fluid, urine or feces,
by throwing, tossing or expelling such fluid or material.
  For  purposes of this section, "inmate" means an inmate or detainee in
a correctional facility, local correctional facility or a  hospital,  as
such  term  is defined in subdivision two of section four hundred of the
correction law. For purposes of this section, "respondent" means a juve-
nile in a secure facility operated and maintained by the office of chil-
dren and family services who is placed with or committed to  the  office
of  children and family services. For purposes of this section, "facili-
ty" means a correctional facility or local correctional facility, hospi-
tal, as such term is defined in subdivision two of section four  hundred
of  the  correction law, or a secure facility operated and maintained by
the office of children and family services.
  Aggravated harassment of an employee by an inmate is a class E felony.
  S 127-q. Paragraphs (e) and (f) of subdivision 3 of section 130.05  of
the  penal  law,  paragraph  (e)  as amended by chapter 1 of the laws of
2000, subparagraph (iv) of paragraph (e) as added and paragraph  (f)  as
amended  by  chapter  335  of  the  laws of 2007, are amended to read as
follows:
  (e) committed to the care and  custody  of  the  state  department  of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  or a
hospital, as such term is defined in subdivision  two  of  section  four
hundred of the correction law, and the actor is an employee, not married
to  such person, who knows or reasonably should know that such person is
committed to the care and custody of such department  or  hospital.  For
purposes  of  this  paragraph,  "employee"  means (i) an employee of the
state department of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION who performs professional duties: (A) in a state correction-
al  facility  consisting  of providing custody, medical or mental health
services,  counseling  services,  educational  programs,  or  vocational
training for inmates; OR
  [(ii)  an employee of the division of parole who performs professional
duties] (B) in a state correctional facility and who  provides  institu-
tional  parole services [pursuant to section two hundred fifty-nine-e of
the executive law]; or

A. 4012--B                         169

  [(iii)] (II) an employee of the office of mental health  who  performs
professional  duties  in  a  state correctional facility or hospital, as
such term is defined in subdivision two of section four hundred  of  the
correction  law,  consisting  of providing custody, or medical or mental
health services for such inmates; or
  [(iv)]  (III)  a  person,  including  a  volunteer,  providing  direct
services to inmates in the state  correctional  facility  in  which  the
victim  is confined at the time of the offense pursuant to a contractual
arrangement with the state department of correctional  services  or,  in
the  case  of  a  volunteer,  a  written agreement with such department,
provided  that  the  person  received  written  notice  concerning   the
provisions of this paragraph; or
  (f)  committed to the care and custody of a local correctional facili-
ty, as such term is defined in subdivision two of section forty  of  the
correction  law,  and  the  actor  is  an  employee, not married to such
person, who knows or reasonably should know that such person is  commit-
ted to the care and custody of such facility. For purposes of this para-
graph,  "employee"  means an employee of the local correctional facility
where the person is committed who performs professional duties  consist-
ing  of providing custody, medical or mental health services, counseling
services, educational services, or vocational training for inmates.  For
purposes of this paragraph, "employee" shall also mean a person, includ-
ing  a  volunteer  or  a  government  employee of the state [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION or  a  local
health,  education  or  probation  agency,  providing direct services to
inmates in the local  correctional  facility  in  which  the  victim  is
confined  at  the time of the offense pursuant to a contractual arrange-
ment with the local correctional department or, in the case  of  such  a
volunteer  or government employee, a written agreement with such depart-
ment, provided that such person received written notice  concerning  the
provisions of this paragraph; or
  S  127-r.  Subdivision 1 of section 10 of the public buildings law, as
added by chapter 83 of the laws of 1995, is amended to read as follows:
  1. Except as provided in subdivision two of this section, whenever the
head of any agency, board, division or commission, with the approval  of
the  director  of  the  budget, (a) shall certify to the commissioner of
general services that any property on state land or on land under  lease
to  the  state  and  consisting  of  buildings  with or without fixtures
attached thereto, and any other improvements upon such lands, are unfit,
not adapted or not needed for use by such  agency,  board,  division  or
commission  and  (b)  shall recommend for reasons to be stated, that the
said property  should  be  disposed  of,  the  commissioner  of  general
services  shall,  after  causing an investigation to be made, dispose of
said property by sale or demolition as  will  best  promote  the  public
interest.  Public notice of a proposed sale where the value of the prop-
erty  to  be sold exceeds five thousand dollars shall be given by adver-
tising at least once in a  newspaper  published  and  having  a  general
circulation  in  the  county in which such lands are located and in such
other newspaper or newspapers as the commissioner  of  general  services
may  deem  to  be  necessary.  Such  advertisement  shall give a general
description and location of the property and the terms of the  sale  and
the date on which proposals for the same will be received by the commis-
sioner  of general services. Should any or all of the offers so received
be deemed by the commissioner of general services to be too low,  he  or
she  may  dispose  of such property so advertised at private sale within
ninety days of the opening of the bids, provided that  no  such  private

A. 4012--B                         170

sale  shall  be  consummated  at  a price lower than that submitted as a
result of public advertising. The commissioner of general services shall
also have the power to demolish such property either by contract or,  if
such  property  is  located on lands which are under the jurisdiction of
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION,  the  work of such demolition may be done by the inmates of
the institution where such property is located,  provided  however  that
the  commissioner  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION shall consent to the employment of the inmates for the  work
of  demolition.  The  provisions  of this subdivision shall be effective
notwithstanding the provisions of  any  other  general  or  special  law
relating to the disposal of buildings with the fixtures attached thereto
or  of  any  improvements  upon lands belonging to or under lease to the
state, and any such statute or parts thereof relating to  such  disposal
of buildings, fixtures and improvements insofar as they are inconsistent
with  the  provisions of this section are hereby superseded. A record of
any such sale shall be filed with the state agency head  above  referred
to  and  the  proceeds  of  such sale or disposal shall be paid into the
treasury of the state to the credit of the capital projects fund.
  S 127-s. Subdivision 26 of section 206 of the public  health  law,  as
added  by  section  1  of chapter 419 of the laws of 2009, is amended to
read as follows:
  26. The commissioner is hereby authorized and directed to  review  any
policy  or  practice instituted in facilities operated by the department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION regard-
ing  human  immunodeficiency  virus  (HIV),  acquired   immunodeficiency
syndrome  (AIDS),  and hepatitis C (HCV) including the prevention of the
transmission of HIV and HCV and the treatment of AIDS, HIV and HCV among
inmates. Such review shall be performed  annually  and  shall  focus  on
whether  such  HIV,  AIDS  or  HCV policy or practice is consistent with
current, generally accepted medical standards  and  procedures  used  to
prevent  the  transmission of HIV and HCV and to treat AIDS, HIV and HCV
among the general public. In performing such reviews, in order to deter-
mine the quality and adequacy of care and treatment provided, department
personnel are authorized to enter correctional  facilities  and  inspect
policy  and  procedure  manuals  and medical protocols, interview health
services providers and inmate-patients, review medical  grievances,  and
inspect  a  representative sample of medical records of inmates known to
be infected with HIV or HCV or have AIDS. Prior to initiating  a  review
of  a  correctional  system,  the  commissioner shall inform the public,
including patients, their families and patient advocates, of the  sched-
uled  review  and  invite them to provide the commissioner with relevant
information. Upon the completion of such review, the  department  shall,
in  writing, approve such policy or practice as instituted in facilities
operated by the department of [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION  or,  based on specific, written recommendations,
direct the department of [correctional services] CORRECTIONS AND  COMMU-
NITY  SUPERVISION  to prepare and implement a corrective plan to address
deficiencies in areas where such policy or practice fails to conform  to
current,  generally  accepted  medical  standards  and  procedures.  The
commissioner shall monitor the implementation of such  corrective  plans
and  shall conduct such further reviews as the commissioner deems neces-
sary to ensure that identified deficiencies in HIV, AIDS and  HCV  poli-
cies  and  practices  are  corrected.  All written reports pertaining to
reviews provided for in this subdivision shall be maintained, under such

A. 4012--B                         171

conditions as the commissioner shall prescribe,  as  public  information
available for public inspection.
  S  127-t.  Subdivision  26 of section 206 of the public health law, as
amended by section 2 of chapter 419 of the laws of 2009, is  amended  to
read as follows:
  26.  The  commissioner is hereby authorized and directed to review any
policy or practice instituted in facilities operated by  the  department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, and in
all  local correctional facilities, as defined in subdivision sixteen of
section two of the  correction  law,  regarding  human  immunodeficiency
virus  (HIV), acquired immunodeficiency syndrome (AIDS), and hepatitis C
(HCV) including the prevention of the transmission of HIV  and  HCV  and
the  treatment  of AIDS, HIV and HCV among inmates. Such review shall be
performed annually and shall focus on whether  such  HIV,  AIDS  or  HCV
policy  or  practice  is  consistent  with  current,  generally accepted
medical standards and procedures used to prevent the transmission of HIV
and HCV and to treat AIDS, HIV and HCV  among  the  general  public.  In
performing  such reviews, in order to determine the quality and adequacy
of care and treatment provided, department personnel are  authorized  to
enter  correctional  facilities and inspect policy and procedure manuals
and medical protocols, interview health services providers  and  inmate-
patients, review medical grievances, and inspect a representative sample
of  medical  records  of inmates known to be infected with HIV or HCV or
have AIDS. Prior to initiating a review of a  correctional  system,  the
commissioner shall inform the public, including patients, their families
and  patient  advocates,  of  the  scheduled  review  and invite them to
provide the commissioner with relevant information. Upon the  completion
of such review, the department shall, in writing, approve such policy or
practice  as  instituted  in  facilities  operated  by the department of
[correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION,  and  in
any  local  correctional facility, or, based on specific, written recom-
mendations, direct the department of [correctional services] CORRECTIONS
AND  COMMUNITY  SUPERVISION,  or  the  authority  responsible  for   the
provision of medical care to inmates in local correctional facilities to
prepare and implement a corrective plan to address deficiencies in areas
where  such  policy  or  practice fails to conform to current, generally
accepted medical standards and procedures. The commissioner shall  moni-
tor  the  implementation of such corrective plans and shall conduct such
further reviews as the commissioner deems necessary to ensure that iden-
tified deficiencies in HIV, AIDS and  HCV  policies  and  practices  are
corrected.    All  written reports pertaining to reviews provided for in
this subdivision shall be  maintained,  under  such  conditions  as  the
commissioner shall prescribe, as public information available for public
inspection.
  S 128. Subdivision 2 of section 579 of the public health law, as added
by chapter 436 of the laws of 1993, is amended to read as follows:
  2.  This title shall not be applicable to and the department shall not
have the power to regulate pursuant to this title: (a)  any  examination
performed  by  a state or local government of materials derived from the
human body for use in criminal identification or as evidence in a crimi-
nal proceeding or for investigative purposes;  (b)  any  test  conducted
pursuant  to paragraph (c) of subdivision four of section eleven hundred
ninety-four of the vehicle and traffic law and paragraph  [(b)]  (C)  of
subdivision  [four]  EIGHT of section 25.24 of the parks, recreation and
historic preservation law; (c) any examination performed by a  state  or
local  agency  of materials derived from the body of an inmate, pretrial

A. 4012--B                         172

releasee, parolee, conditional releasee or probationer to (i) determine,
measure or otherwise describe the presence or absence of  any  substance
whose  possession,  ingestion  or use is prohibited by law, the rules of
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION, the conditions of  release  established  by  the  board  of
parole,  the  conditions  of  release  established by a court or a local
conditional release commission or the conditions of any program to which
such individuals are referred and (ii) to determine  whether  there  has
been  a violation thereof; or (d) any examination performed by a coroner
or medical examiner for the  medical-legal  investigation  of  a  death.
Nothing  herein  shall  prevent  the department from consulting with the
division of criminal justice services, the department  of  [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION, the state police, or
any other state agency or commission, at the request of the division  of
criminal  justice  services,  the  department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION, the state police, or  such  other
agency  or  commission, concerning examination of materials for purposes
other than public health.
  S 129. Subdivision 8 of section 2780 of  the  public  health  law,  as
amended  by  chapter  786  of  the  laws  of 1992, is amended to read as
follows:
  8. "Health or social service" means any public or private care, treat-
ment, clinical laboratory test, counseling or  educational  service  for
adults  or  children, and acute, chronic, custodial, residential, outpa-
tient, home or other health care provided pursuant to  this  chapter  or
the social services law; public assistance or care as defined in article
one  of  the  social  services law; employment-related services, housing
services, foster  care,  shelter,  protective  services,  day  care,  or
preventive  services  provided  pursuant  to  the  social  services law;
services for the mentally disabled as defined  in  article  one  of  the
mental  hygiene  law;  probation services, provided pursuant to articles
twelve and twelve-A of the  executive  law;  parole  services,  provided
pursuant  to  article  [twelve-B  of  the  executive  law]  EIGHT OF THE
CORRECTION LAW; [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, provided pursuant to the correction law; detention and rehabili-
tative services provided pursuant to article nineteen-G of the executive
law; and the activities of the health care worker HIV/HBV advisory panel
pursuant to article twenty-seven-DD of this chapter.
  S 130. Subdivision 2 of section 2785-a of the public  health  law,  as
added by chapter 76 of the laws of 1995, is amended to read as follows:
  2. At the time of communicating the test results to the subject or the
victim, such public health officer shall directly provide the victim and
person  tested  with  (a) counseling or referrals for counseling for the
purposes specified in subdivision five of  section  two  thousand  seven
hundred  eighty-one  of  this article; (b) counseling with regard to HIV
disease and HIV testing in  accordance  with  law  and  consistent  with
subdivision  five  of  section  two thousand seven hundred eighty-one of
this article; and (c) appropriate health care and support  services,  or
referrals  to  such available services.  If at the time of communicating
the test results, the person tested is in the custody of the  department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, [divi-
sion for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, office of mental
health  or a local correctional institution, the counseling and services
required by this subdivision may be provided by a public health  officer
associated with the county or facility within which the person tested is
confined.

A. 4012--B                         173

  S  131.  Subdivision 4 of section 2994-cc of the public health law, as
added by chapter 8 of the laws of 2010, is amended to read as follows:
  4. (a) When the concurrence of a second physician is sought to fulfill
the requirements for the issuance of a nonhospital order not to resusci-
tate  for  patients  in  a  correctional facility, such second physician
shall be selected by the chief medical  officer  of  the  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION or his or
her designee.
  (b) When the concurrence of a second physician is  sought  to  fulfill
the requirements for the issuance of a nonhospital order not to resusci-
tate  for hospice and home care patients, such second physician shall be
selected by the hospice medical director or  hospice  nurse  coordinator
designated  by  the medical director or by the home care services agency
director of patient care services, as appropriate to the patient.
  S 132. Subdivision 4 of section 4174 of  the  public  health  law,  as
amended  by  section  6 of part OO of chapter 56 of the laws of 2010, is
amended to read as follows:
  4. No fee shall be charged for a search,  certification,  certificate,
certified copy or certified transcript of a record to be used for school
entrance,  employment  certificate  or  for purposes of public relief or
when required by the veterans administration to be used  in  determining
the eligibility of any person to participate in the benefits made avail-
able  by  the  veterans  administration  or  when required by a board of
elections for the purposes of  determining  voter  eligibility  or  when
requested  by  the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION or a local correctional  facility  as  defined  in
subdivision sixteen of section two of the correction law for the purpose
of  providing  a  certified  copy or certified transcript of birth to an
inmate in anticipation of such inmate's release  from  custody  or  when
requested by the office of children and family services or an authorized
agency  for the purpose of providing a certified copy or certified tran-
script of birth to a youth placed in the custody of  the  local  commis-
sioner  of  social services or the custody of the office of children and
family services pursuant to article three of the  family  court  act  in
anticipation of such youth's discharge from placement.
  S  133. Section 4179 of the public health law, as amended by section 7
part OO of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
follows:
  S  4179.  Vital  records;  fees; city of New York. Notwithstanding the
provisions of paragraph one of subdivision a of section  207.13  of  the
health  code  of  the  city  of New York, the department of health shall
charge, and the applicant shall pay, for a  search  of  two  consecutive
calendar  years  under  one  name  and  the issuance of a certificate of
birth, death or termination of pregnancy, or a certification of birth or
death, or a certification that the record cannot  be  found,  a  fee  of
fifteen dollars for each copy. Provided, however, that no such fee shall
be  charged  when  the department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION or a local correctional facility as defined in
subdivision sixteen of section two of  the  correction  law  requests  a
certificate  of  birth  or  certification  of  birth  for the purpose of
providing such certificate of birth or  certification  of  birth  to  an
inmate in anticipation of such inmate's release from custody or when the
office  of children and family services or an authorized agency requests
a certified copy or certified transcript of birth for a youth placed  in
the  custody of the local commissioner of social services or the custody
of the office of children and family services pursuant to article  three

A. 4012--B                         174

of the family court act for the purpose of providing such certified copy
or  certified  transcript  of  birth  to  such  youth in anticipation of
discharge from placement.
  S  134.  Paragraph  (l) of subdivision 1 of section 2782 of the public
health law, as added by chapter 584 of the laws of 1988, is  amended  to
read as follows:
  (l)  an  employee  or  agent of the [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, in accordance with paragraph  (a)
of  subdivision  two  of section twenty-seven hundred eighty-six of this
article, to the extent the employee or agent  is  authorized  to  access
records  containing  such  information  in order to carry out the [divi-
sion's] DEPARTMENT'S functions, powers and duties with  respect  to  the
protected  individual,  pursuant  to section two hundred fifty-nine-a of
the executive law;
  S 135. Subdivision 8 of section 92 of  the  public  officers  law,  as
separately  amended  by section 40 of part A and section 2 of part A1 of
chapter 56 and by chapter 491 of the laws of 2010, is amended to read as
follows:
  (8) Public safety  agency  record.  The  term  "public  safety  agency
record" means a record of the state commission of correction, the tempo-
rary  state commission of investigation, the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION, the office of  children
and  family  services,  [the  division  of parole,] the office of victim
services, the office of probation and correctional alternatives  or  the
division  of  state  police  or of any agency or component thereof whose
primary function is the enforcement of civil  or  criminal  statutes  if
such  record  pertains to investigation, law enforcement, confinement of
persons in correctional facilities or supervision of persons pursuant to
criminal conviction or court order, and any records  maintained  by  the
division of criminal justice services pursuant to sections eight hundred
thirty-seven,  eight  hundred  thirty-seven-a, eight hundred thirty-sev-
en-b, eight hundred thirty-seven-c, eight  hundred  thirty-eight,  eight
hundred  thirty-nine,  and eight hundred forty-five of the executive law
and by the department of state pursuant to section  ninety-nine  of  the
executive law.
  S  136.  Section  18 of the railroad law, as amended by chapter 840 of
the laws of 1984, is amended to read as follows:
  S 18. Railroads through public  lands.  The  commissioner  of  general
services  may grant to any domestic or foreign railroad corporation land
belonging to the people of the state, except the reservation at  Niagara
and  the  Concourse lands on Coney Island, which may be required for the
purposes of its road on such terms as may be agreed upon by them;  or  a
domestic railroad corporation may acquire title thereto by condemnation;
and  the  county or town officers having charge of any land belonging to
any county or town, required for a domestic railroad corporation for the
purposes of its road, may grant such land to the  corporation  for  such
compensation  as  may  be  agreed  upon.  In case the land or any right,
interest or easement therein, required by a domestic or foreign railroad
corporation is used for prison  purposes  the  commissioner  of  general
services  may grant such land, or any right, interest or easement there-
in, provided the plans of such railroad corporation for the use of  such
prison  lands,  or  such  right,  interest or easement therein, have the
approval of the commissioner of [correctional services] CORRECTIONS  AND
COMMUNITY SUPERVISION.

A. 4012--B                         175

  S  137.  Subdivision  3  and  4  of section 88 of the railroad law, as
amended by chapter 247 of the laws of  1964,  are  amended  to  read  as
follows:
  3.  The  corporation,  express company or steamboat company making any
such application shall cause the fingerprints of each proposed appointee
to be taken [by a police agency] IN THE FORM AND  MANNER  PRESCRIBED  BY
THE  DIVISION  OF CRIMINAL JUSTICE SERVICES and [shall cause] one set of
such fingerprints [to] SHALL be forwarded to the division of  [identifi-
cation,  New  York  state department of correction, at Albany, New York]
CRIMINAL JUSTICE SERVICES, and one  set  [of  such  fingerprints  to  be
forwarded  to  the  identification  division,]  TO THE federal bureau of
investigation[, United States  department  of  justice,  at  Washington,
D. C.,  with the request that such]. SUCH fingerprints shall be searched
by each agency against the fingerprint  records  in  its  files  and  be
retained  in  the  files  of such agencies [and the further request that
reports of the results of such searches  shall  be  transmitted  to  the
superintendent of state police].
  4. Reports of the results of such searches [of the fingerprint records
of  the department of correction and of the department of justice] shall
be reviewed by the superintendent of state police prior to  granting  an
appointment[,]  to  determine  whether  a  proposed appointee is thereby
shown to have been convicted of a crime in the state of New York  or  of
any  offense  in  any other place which if committed in the state of New
York would have been a crime and no person who  is  determined  by  such
review to have been so convicted shall receive an appointment under this
section.
  S  138.  Subdivision  a  of  section 63-a of the retirement and social
security law, as added by chapter 722 of the laws of 1996, is amended to
read as follows:
  a. Any member in the uniformed personnel  in  institutions  under  the
jurisdiction  of  the  department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION or a security hospital treatment assistant, as
those terms are defined in subdivision i of section eighty-nine of  this
article,  who  becomes  physically  or  mentally  incapacitated  for the
performance of duties as the natural and proximate result of an  injury,
sustained in the performance or discharge of his or her duties by, or as
the  natural  and proximate result of an act of any inmate or any person
confined in an institution under the jurisdiction of the  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION or office
of mental health, or by any person who has been committed to such insti-
tution by any court shall be  paid  a  performance  of  duty  disability
retirement  allowance  equal to that which is provided in section sixty-
three of this title, subject to the provisions of section sixty-four  of
this title.
  S  139.  Section  89  of  the  retirement  and social security law, as
amended by chapter 578 of the laws of 1989, subdivision i as amended  by
chapter 499 of the laws of 2006, is amended to read as follows:
  S 89. Retirement of members in the uniformed personnel in institutions
under  the  jurisdiction  of  the  department of [correctional services]
CORRECTIONS AND COMMUNITY  SUPERVISION  or  who  are  security  hospital
treatment assistants; new plan. a. Any member in the uniformed personnel
in institutions under the jurisdiction of the department of [correction-
al  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  as hereinafter
defined, who enters or re-enters service on or after the effective  date
of  this  section, or who is a security hospital treatment assistant who
enters or reenters service on or after the effective date of the  amend-

A. 4012--B                         176

ment  permitting security hospital treatment assistants to be covered by
this section, shall  contribute  on  the  basis  provided  for  by  this
section.
  b.  Any  member  in  the uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION,  as  hereinafter  defined, who entered such
service prior to the effective date of this section may,  on  or  before
September  first,  nineteen  hundred  sixty-six, elect to come under the
provisions of this section. Such election shall be in writing and  shall
be duly executed and filed with the comptroller.
  c.  Any  member  in  the uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION,  as  hereinafter  defined, who entered such
service prior to the effective date of this section, may, on  or  before
December  thirty-first,  nineteen hundred sixty-six, elect to come under
the provisions of this section. Such election shall be  in  writing  and
shall  be  duly executed and filed with the comptroller. Any such member
who has made an election as set forth herein on or before December thir-
ty-first, nineteen hundred sixty-five, shall be  permitted  to  withdraw
the  same  and  in like manner make a new election on or before December
thirty-first, nineteen hundred sixty-six.
  d. A member who elects or is required to contribute in accordance with
this section shall contribute, in lieu of the proportion of compensation
as provided in section twenty-one of this article, a proportion  of  his
OR  HER  compensation similarly determined. Such latter proportion shall
be computed to provide at the time when he OR  SHE  shall  first  become
eligible  for retirement under this section, an annuity equal to one-one
hundredth of his OR HER final average salary for each year of service as
a member rendered after May  first,  nineteen  hundred  sixty-five,  and
prior  to  the  attainment  of the age when he OR SHE shall first become
eligible for retirement. Such member's rate of contribution pursuant  to
this  section  shall be appropriately reduced pursuant to section seven-
ty-a of this article for such period of time  as  his  OR  HER  employer
contributes  pursuant  to such section toward pensions-providing-for-in-
creased-take-home pay. No such member  shall  be  required  to  continue
contributions after completing twenty-five years of such service.
  e.  A  member contributing on the basis of this section at the time of
retirement, shall be entitled to retire after the completion of  twenty-
five  years  of  total creditable service as defined in subdivision i of
this section, or upon the attainment of age sixty, by filing an applica-
tion therefor in a manner similar to that provided in section seventy of
this article. He OR SHE thereupon shall receive, on retirement a retire-
ment allowance consisting of:
  1. An annuity, which shall be the actuarial equivalent of his  OR  HER
accumulated contributions at the time of his OR HER retirement, plus,
  2.  A pension which, together with such annuity and a pension which is
the actuarial equivalent of the reserves for-increased-take-home pay  to
which  he  OR SHE may then be entitled, if any, shall equal one-fiftieth
of his OR HER final average salary for each year of  creditable  service
in the uniformed personnel in institutions under the jurisdiction of the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION or for each year of creditable service  as  a  security  hospital
treatment  assistant  under  the  jurisdiction  of  the office of mental
health, as hereinafter defined.   This  pension  shall  not  exceed  the
amount  needed  to  make the total amount of the benefits provided under

A. 4012--B                         177

paragraphs one and two of this subdivision e equal to one-half of his OR
HER final average salary.
  3.  An  additional  pension  equal  to  the pension for any creditable
service rendered while not in the uniformed  personnel  in  institutions
under  the  jurisdiction  of  the  department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION and rendered while not serving  as
a  security  hospital  treatment assistant under the jurisdiction of the
office of mental health, as hereinafter defined, as provided under para-
graphs two and three of subdivision a of section  seventy-five  of  this
article. This pension shall:
  (a)  Be payable only if such member has attained age sixty at the time
of retirement and has not completed twenty-five  years  of  service  for
which he receives credits under this article, and
  (b)  Not  increase the total allowance to more than one-half of his OR
HER final average salary.
  For the purpose only of determining the amount of the pension provided
herein, the annuity shall be computed as it would be:
  (aa) if not reduced by the actuarial  equivalent  of  any  outstanding
loan, and
  (bb)  if  not  increased by the actuarial equivalent of any additional
contributions, and
  (cc) if not reduced by reason of the member's election to decrease his
OR HER annuity contributions to the retirement system in order to  apply
the amount of such reduction in payment of his contributions for old-age
and survivors insurance coverage.
  f.  The  increased  pensions  to members of the uniformed personnel in
institutions under the jurisdiction of the department  of  [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION or to members who are
security hospital treatment assistants under  the  jurisdiction  of  the
office of mental health, as provided by this section, shall be paid from
additional  contributions  made  by the state on account of such member.
The actuary of  the  retirement  system  shall  compute  the  additional
contribution  of  each member who elects to receive the special benefits
provided under this section.  Such  additional  contributions  shall  be
computed on the basis of contributions during the prospective service of
such  member which will cover the liability of the retirement system for
such extra pensions.
  g. In computing the twenty-five years of completed service of a member
in the uniformed personnel in institutions under the jurisdiction of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  or  of  a  member who is a security hospital treatment assistant
under the jurisdiction of the office of mental  health,  as  hereinafter
defined, full credit shall be given and full allowance shall be made for
service  of  such  member in war after world war 1 as defined in section
two of this chapter, provided such member at the  time  of  his  OR  HER
entrance into the armed forces was in state service.
  h. The provisions of this section shall be controlling notwithstanding
any provision in this article to the contrary.
  i.  As used in this section, "uniformed persons" or "uniformed person-
nel" in  institutions  under  the  jurisdiction  of  the  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION or "secu-
rity hospital treatment assistants" under the jurisdiction of the office
of mental health mean officers or employees holding the  titles  herein-
after set forth in institutions under the jurisdiction of the department
of  [correctional  services]  CORRECTIONS  AND  COMMUNITY SUPERVISION or
under  the  jurisdiction  of  the  office  of  mental  health,   namely:

A. 4012--B                         178

correction  officers,  prison  guards,  correction sergeants, correction
lieutenants, correction captains,  deputy  assistant  superintendent  or
warden,  deputy  warden  or  deputy  superintendent, superintendents and
wardens, assistant director and director of correction reception center,
director  of  correctional  program,  assistant director of correctional
program, director of community correctional  center,  community  correc-
tional  center  assistant, correction hospital officers, male or female,
correction hospital senior officers, correction hospital charge officer,
correction hospital supervising officer,  correction  hospital  security
supervisor,  correction  hospital  chief  officer, correction youth camp
officer, correction youth camp supervisor, assistant supervisor, correc-
tional camp superintendent, assistant correctional camp  superintendent,
director  of  crisis  intervention  unit,  assistant  director of crisis
intervention unit,  security  hospital  treatment  assistants,  security
hospital  treatment  assistants  (Spanish  speaking),  security hospital
senior treatment assistants,  security  hospital  supervising  treatment
assistants  and  security  hospital  treatment  chiefs. Previous service
rendered under the titles by which such positions were  formerly  desig-
nated  and  previous  service  rendered  as a narcotic addiction control
commission officer shall constitute creditable service.  Notwithstanding
any  provision of law to the contrary, any employee of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION who became
enrolled under this section by  reason  of  employment  as  a  uniformed
person  in  an  institution  under the jurisdiction of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION  shall  be
entitled to full retirement credit for, and full allowance shall be made
under  this  section  for  the  service  of such employee, not to exceed
twelve years, while assigned to the training academy or central  office,
in   the   following  titles,  namely:  correction  officer,  correction
sergeant,  correction  lieutenant,  correction   captain,   correctional
services  investigator,  senior  correctional services employee investi-
gator, correctional services fire and safety  coordinator,  director  of
special  housing  and inmate disciplinary program, assistant director of
special housing and inmate  disciplinary  program,  assistant  chief  of
investigations, director of CERT operations, correctional facility oper-
ations  specialist,  director of security staffing project, correctional
security technical services specialist, assistant commissioner and depu-
ty commissioner.
  j. Notwithstanding any provisions of subdivision a, b  or  i  of  this
section  to  the contrary, a member who is in the collective negotiating
unit designated as the security services unit and  established  pursuant
to  article  fourteen of the civil service law and who has elected or is
required to contribute in accordance with this section may, on or before
March thirty-first, nineteen hundred seventy-three, elect to come  under
the  provisions of section seventy-five-h of this article. Such election
shall be duly executed and filed with the comptroller.
  k. Any member who, on or before the effective date of this  provision,
is a security hospital treatment assistant under the jurisdiction of the
office of mental health may, by filing an election within one year after
the  effective  date  of  this  provision,  elect  to  be subject to the
provisions of this section. Such election shall be in writing, shall  be
duly executed and filed with the comptroller and shall be irrevocable.
  S  140.  Section  89-n  of  the retirement and social security law, as
added by chapter 573 of the laws of 1991, is amended to read as follows:
  S 89-n. Computation of twenty-five years of service; correction  offi-
cers. a. Notwithstanding any inconsistent provision of law, in computing

A. 4012--B                         179

twenty-five  years  of  completed  service by correction officers in all
counties, full credit shall be given and full allowance  shall  be  made
for  service of such member as a correction officer employed by the city
of  New York, as a uniformed employee in an institution under the juris-
diction of the department of  [correctional  services]  CORRECTIONS  AND
COMMUNITY SUPERVISION, as a security hospital assistant under the juris-
diction  of  the  office of mental health, or as a correction officer in
any county in which he or she was eligible to retire  after  twenty-five
years of total creditable service.
  b.  Notwithstanding  any  inconsistent  provision of law, in computing
twenty-five years of completed service  by  state  correction  officers,
full  credit shall be given and full allowance shall be made for service
of such members as a correction officer employed by the city of New York
as a uniformed employee in an institution under the jurisdiction of  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, as a security hospital assistant under the jurisdiction  of  the
office  of  mental  health,  or as a correction officer in any county in
which he or she was eligible to retire after twenty-five years of  total
creditable service.
  S 141. Subdivision a of section 444 of the retirement and social secu-
rity  law,  as amended by chapter 625 of the laws of 2007, is amended to
read as follows:
  a. Except as provided in subdivision c of section four hundred  forty-
five-a  of  this  article,  subdivision c of section four hundred forty-
five-b of this article, subdivision c of  section  four  hundred  forty-
five-c   of   this  article,  subdivision  c  of  section  four  hundred
forty-five-d of this article as added by chapter four  hundred  seventy-
two  of  the  laws  of  nineteen  hundred  ninety-five, subdivision c of
section four hundred forty-five-e of  this  article,  subdivision  c  of
section  four  hundred forty-five-f of this article and subdivision c of
section four hundred forty-five-h of this article, the  maximum  retire-
ment benefit computed without optional modification provided to a member
of a retirement system who is subject to the provisions of this article,
other  than  a  police officer, a firefighter, an investigator member of
the New  York  city  employees'  retirement  system,  a  member  of  the
uniformed  personnel  in  institutions under the jurisdiction of the New
York city department of correction who receives a  performance  of  duty
disability  retirement allowance, a member of the uniformed personnel in
institutions under the jurisdiction of the department  of  [correctional
services]  CORRECTIONS  AND COMMUNITY SUPERVISION or a security hospital
treatment assistant, as those terms are  defined  in  subdivision  i  of
section  eighty-nine of this chapter, who receives a performance of duty
disability retirement allowance, a  member  of  a  teachers'  retirement
system,  New York city employees' retirement system, New York city board
of education retirement system or a member of the  New  York  state  and
local  employees'  retirement  system  or  a member of the New York city
employees' retirement system or New York city board of education retire-
ment system employed as a special officer, parking  control  specialist,
school  safety agent, campus peace officer, taxi and limousine inspector
or a police communications member and who receives a performance of duty
disability pension, from funds other than those based on a member's  own
or  increased-take-home-pay  contributions,  shall, before any reduction
for early retirement, be sixty per centum of the first fifteen  thousand
three  hundred  dollars of final average salary, and fifty per centum of
final average  salary  in  excess  of  fifteen  thousand  three  hundred
dollars, and forty per centum of final average salary in excess of twen-

A. 4012--B                         180

ty-seven  thousand  three  hundred  dollars, provided, however, that the
benefits provided by subdivision c of section four hundred  forty-five-d
of this article as added by chapter four hundred seventy-two of the laws
of  nineteen  hundred  ninety-five  based  upon  the  additional  member
contributions required by subdivision d of  such  section  four  hundred
forty-five-d shall be subject to the maximum retirement benefit computa-
tions set forth in this section. The maximum retirement benefit computed
without  optional  modification payable to a police officer, an investi-
gator member of the New York city  employees'  retirement  system  or  a
firefighter  shall equal that payable upon completion of thirty years of
service, except that the maximum  service  retirement  benefit  computed
without  optional  modification shall equal that payable upon completion
of thirty-two years of service.
  S 142. Section 450 of the  retirement  and  social  security  law,  as
amended  by  chapter  489  of  the  laws  of 1998, is amended to read as
follows:
  S 450. Definitions. For the purposes of this  article:  (1)  the  term
"correction  officer" shall mean members of the New York state and local
employees' retirement system who are in  a  plan  limited  to  uniformed
personnel  in  institutions  under the jurisdiction of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or members
of such system who are also  in  titles  defined  in  subdivision  i  of
section  eighty-nine  of  this chapter and correction members of the New
York city employees' retirement system; (2) the term "police officer  or
firefighter"  shall  mean members of the New York state and local police
and fire retirement system, the New York city police pension  fund,  New
York  city  fire department pension fund, and housing police members and
transit police members  of  the  New  York  city  employees'  retirement
system;  (3)  the term "sanitation man" shall mean sanitation members of
the New York city employees' retirement system; and (4) the term "inves-
tigator member" shall mean members who are police officers as defined in
paragraph (g) of subdivision thirty-four of section 1.20 of the criminal
procedure law.
  S 143. Subdivision c of section 503 of the retirement and social secu-
rity law, as amended by chapter 622 of the laws of 2004, is  amended  to
read as follows:
  c.  A general member shall be eligible for early service retirement at
age fifty-five with five years of credited service. A general member  in
the  uniformed  correction  force  of  the  New  York city department of
correction, who is not eligible for early service retirement pursuant to
subdivision c of section five hundred four-a of this article or subdivi-
sion c of section five hundred four-b of this article or  subdivision  c
of  section  five hundred four-d of this article, or a general member in
the uniformed personnel in institutions under the  jurisdiction  of  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, as defined in subdivision i of section eighty-nine of this chap-
ter or serving in institutions who is also in a title  defined  in  such
subdivision  and  who has made an election pursuant to the provisions of
article seventeen of this chapter, shall  also  be  eligible  for  early
service retirement after twenty-five years of credited service.
  S  144.  Subdivisions  d  and  e  of section 504 of the retirement and
social security law, subdivision d as amended by chapter 622 of the laws
of 2004, and subdivision e as amended by chapter  578  of  the  laws  of
1989, is amended to read as follows:
  d.  The  early  service  retirement benefit for general members in the
uniformed  correction  force  of  the  New  York  city   department   of

A. 4012--B                         181

correction,  who are not entitled to an early service retirement benefit
pursuant to subdivision c of section five hundred four-a of this article
or subdivision c of section five  hundred  four-b  of  this  article  or
subdivision  c  of  section  five hundred four-d of this article, or for
general members in the uniformed personnel  in  institutions  under  the
jurisdiction  of  the  department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION, as defined in subdivision i of section eight-
y-nine of this chapter, shall be a  pension  equal  to  one-fiftieth  of
final  average  salary times years of credited service at the completion
of twenty-five years of service, but not in excess of fifty  percent  of
final average salary.
  e.  The  early  service  retirement benefit for uniformed personnel in
institutions under the jurisdiction of the department  of  [correctional
services]  CORRECTIONS AND COMMUNITY SUPERVISION, as defined in subdivi-
sion i of section eighty-nine of this chapter,  or  who  are  in  titles
defined  in subdivision i of section eighty-nine of this chapter and who
have made an election pursuant to the provisions of article seventeen of
this chapter, shall be a pension equal to one-fiftieth of final  average
salary  times years of credited service at the completion of twenty-five
years of service, but not in excess of fifty percent  of  final  average
salary.
  S  145. The opening paragraph of subdivision a of section 507-a of the
retirement and social security law, as amended by  chapter  578  of  the
laws of 1989, is amended to read as follows:
  Application  for a disability retirement allowance for a member in the
uniformed personnel  in  institutions  under  the  jurisdiction  of  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION of New York state as defined in subdivision i of section  eighty-
nine of this chapter or for a member serving in institutions who is also
in  a  title  defined  in  such subdivision and who has made an election
pursuant to the provisions of article seventeen of this chapter  or  the
New York city department of correction may be made by:
  S  146.  Subdivision  a  of section 507-b of the retirement and social
security law, as added by chapter 722 of the laws of 1996, is amended to
read as follows:
  a. Any member in the uniformed personnel  in  institutions  under  the
jurisdiction  of  the  department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION or a security hospital treatment assistant, as
those terms are defined in subdivision i of section eighty-nine of  this
chapter,  who  becomes  physically  or  mentally  incapacitated  for the
performance of duties as the natural and proximate result of an  injury,
sustained in the performance or discharge of his or her duties by, or as
a  natural  and  proximate result of, an act of any inmate or any person
confined in an institution under the jurisdiction of the  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION or office
of mental health, or by any person who has been committed to such insti-
tution by any court shall be  paid  a  performance  of  duty  disability
retirement  allowance  equal to that which is provided in section sixty-
three of this chapter, subject to the provisions of  section  sixty-four
of this chapter.
  S 147. Subdivision f of section 511 of the retirement and social secu-
rity  law,  as amended by chapter 667 of the laws of 1996, is amended to
read as follows:
  f. This section shall not apply to general members  in  the  uniformed
correction  force  of  the  New York city department of correction or to
uniformed personnel  in  institutions  under  the  jurisdiction  of  the

A. 4012--B                         182

department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION and security hospital treatment assistants, as  those  terms  are
defined in subdivision i of section eighty-nine of this chapter.
  S  148.  Subdivisions  b  and  d  of section 516 of the retirement and
social security law, subdivision b as amended by chapter 174 of the laws
of 1989 and subdivision d as amended by chapter 622 of the laws of 2004,
is amended to read as follows:
  b. The deferred vested benefit of general members, except for  general
members  in  the uniformed correction force of the New York city depart-
ment of correction or uniformed  personnel  in  institutions  under  the
jurisdiction  of  the  department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION as defined in subdivision i of section  eight-
y-nine  of  this  chapter, with twenty or more years of credited service
shall be a pension commencing at normal retirement age equal to one-fif-
tieth of final average salary times years of credited  service,  not  in
excess of thirty years, less fifty percent of the primary social securi-
ty  retirement  benefit,  as  provided in section five hundred eleven of
this article. The deferred vested benefit of general members, except for
general members in the uniformed correction force of the New  York  city
department  of  correction  or uniformed personnel in institutions under
the  jurisdiction  of  the   department   of   [correctional   services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  as defined in subdivision i of
section eighty-nine of this chapter, with  less  than  twenty  years  of
credited  service shall be a pension commencing at normal retirement age
equal to one-sixtieth of final average salary times  years  of  credited
service,  less  fifty  percent of the primary social security retirement
benefit, as provided in section five hundred  eleven  of  this  article.
Such deferred vested benefit may be paid in the form of an early service
retirement  benefit,  or  may be postponed until after normal retirement
age, in which event the benefit will be subject to  reduction  or  esca-
lation as provided in subdivision c of section five hundred four of this
article.
  d.  The  deferred  vested  benefit of general members in the uniformed
correction force of the New York city department of correction, who  are
not entitled to a deferred vested benefit under subdivision d of section
five  hundred  four-a  of this article or under subdivision d of section
five hundred four-b of this article or under subdivision  d  of  section
five  hundred  four-d  of  this  article,  or  of general members in the
uniformed personnel  in  institutions  under  the  jurisdiction  of  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, as defined in subdivision i of section eighty-nine of this chap-
ter, with twenty or more years of credited service shall  be  a  pension
commencing at normal retirement age equal to one-fiftieth of final aver-
age  salary  times  years  of  credited service, not in excess of thirty
years. The deferred vested benefit of general members in  the  uniformed
correction  force of the New York city department of correction, who are
not entitled to a deferred vested benefit under subdivision d of section
five hundred four-a of this article or under subdivision  d  of  section
five  hundred  four-b  of this article or under subdivision d of section
five hundred four-d of this  article,  or  of  general  members  in  the
uniformed personnel in institutions under jurisdiction of the department
of  [correctional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION, as
defined in subdivision i of section eighty-nine of  this  chapter,  with
less than twenty years of credited service shall be a pension commencing
at  normal  retirement age equal to one-sixtieth of final average salary
times years of credited service. Such deferred  vested  benefit  may  be

A. 4012--B                         183

paid in the form of an early service retirement benefit, or may be post-
poned until after normal retirement age, in which event the benefit will
be  subject  to  reduction or escalation as provided in subdivision c of
section five hundred four of this article.
  S  149.  Paragraph 2 of subdivision a of section 600 of the retirement
and social security law, as amended by chapter 421 of the laws of  2006,
is amended to read as follows:
  2.  (a)  Members  in the uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND  COMMUNITY SUPERVISION of New York state, other than certain persons
as  defined  in  this  section  or  the  New  York  city  department  of
correction.
  (b) For purposes of this paragraph, certain persons means either:
  (i)  a person who is appointed to the title of superintendent, who has
had at least seven years of service credited toward the retirement  plan
established pursuant to this article while employed by the department of
[correctional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION and who
elects the retirement plan established pursuant to this  article  within
ninety  days of his or her appointment.  Such election shall be in writ-
ing, shall be duly executed and filed with the comptroller and shall  be
irrevocable as long as such person is in the title of superintendent; or
  (ii)  a  person  who serves in the title of superintendent as of April
first, two thousand six, who has had at least  seven  years  of  service
credited toward the retirement plan established pursuant to this article
while  employed by the department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION and who elects the retirement plan established
pursuant to this article on or before September thirtieth, two  thousand
six. Such election shall be in writing, shall be duly executed and filed
with  the comptroller and shall be irrevocable as long as such person is
in the title of superintendent.
  (c) Any person in the title of superintendent who is eligible to  make
an  election  as  described  in  this section but who does not make such
election, shall remain a member of  the  retirement  plan  that  persons
appointed  to the title of superintendent join who do not meet the above
criteria.
  S 150. Subdivision 8 of section 20 of  the  social  services  law,  as
added by chapter 568 of the laws of 2008, is amended to read as follows:
  8. (a) The office of temporary and disability assistance shall promul-
gate  rules  and regulations for the administration of this subdivision.
The rules and regulations shall provide for the conditions  under  which
local  social  services  officials determine the placement of applicants
for and recipients of public assistance for whom a  notice  pursuant  to
[subdivision sixteen of] section two hundred [fifty-nine-c] THREE of the
[executive] CORRECTION law, has been received and who are:
  (i) determined to be in immediate need of shelter; and
  (ii)  designated  a  level two or level three sex offender pursuant to
article six-C of the correction law.
  (b) When making determinations in regard  to  the  placement  of  such
individuals  in  shelter, local social services officials shall consider
the following factors:
  (i) the location of other sex offenders required to register  pursuant
to  the  sex  offender registration act, specifically whether there is a
concentration of registered sex offenders in a certain residential  area
or municipality;
  (ii)  the  number of registered sex offenders residing at a particular
property;

A. 4012--B                         184

  (iii) proximity of the entities with vulnerable populations;
  (iv)  accessibility  to  family  members,  friends or other supportive
services, including but not limited to locally  available  sex  offender
treatment  programs  with  preference  for placement of such individuals
into programs that  have  demonstrated  effectiveness  in  reducing  sex
offender recidivism and increasing public safety; and
  (v)  investigation  and approval of such placement by the [state divi-
sion of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  S 151. Paragraph (g) of subdivision 5 of  section  62  of  the  social
services  law, as added by chapter 55 of the laws of 1992, is amended to
read as follows:
  (g) (1) When a person applies for medical parole, and is  in  need  of
public  assistance,  including  medical  assistance,  the  department of
[correctional services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall
cause  an application for such assistance to be forwarded to the depart-
ment of social services.
  (2) Upon receipt of an application for  public  assistance,  including
medical assistance, forwarded by the [state] department of [correctional
services]  CORRECTIONS AND COMMUNITY SUPERVISION for persons meeting the
conditions of medical parole, financial eligibility for such  assistance
and  care shall be determined by the New York state department of social
services prior to the person's parole.
  (3) Determination of continuing  eligibility  for  public  assistance,
including medical assistance, and care will be the responsibility of the
social services district into which such person is released.
  (4)  Any  inconsistent provision of this chapter or other law notwith-
standing, when a person  is  released  on  medical  parole  pursuant  to
section  two  hundred  fifty-nine-r  OR  TWO HUNDRED FIFTY-NINE-S of the
executive law and is in need of  public  assistance,  including  medical
assistance,  the  social  services  district  in  which  such person was
convicted and from which he or she was committed to the custody  of  the
[state]  department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION shall be responsible for the  administrative  costs  of  the
initial  and  any  subsequent eligibility determination and the costs of
any public assistance,  including  medical  assistance,  following  such
persons release on medical parole for so long as such person is eligible
therefor.
  S  152.  Subdivision  14 of section 131 of the social services law, as
added by section 11 of part B of chapter 436 of the  laws  of  1997,  is
amended to read as follows:
  14.  (a) Notwithstanding any provision of this chapter or other law to
the contrary, no public assistance shall be given to any individual  who
is  (i)  fleeing to avoid prosecution or custody or conviction under the
laws of the place from which the individual flees for  a  crime,  or  an
attempt to commit a crime, which is a felony under the laws of the place
from  which  the  individual flees or which, in the case of the state of
New Jersey, is a high misdemeanor under the laws of such state  or  (ii)
violating  a  condition  of probation or parole imposed under federal or
state law.
  (b) For purposes of this section, if and to the  extent  permitted  by
federal law, a person shall be considered to be violating a condition of
probation or parole only if:
  (i)  he  or  she  is  currently  an absconder from probation or parole
supervision and a warrant alleging such a violation is outstanding; or
  (ii) he or she has  been  found  by  judicial  determination  to  have
violated probation or by administrative adjudication by the [division of

A. 4012--B                         185

parole]  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY SUPERVISION to have
violated parole.
  Such  person  shall  be  considered  to  be  violating  a condition of
probation or parole only until he or she is  restored  to  probation  or
parole  supervision or released from custody, or until the expiration of
the person's maximum period of imprisonment  or  supervision,  whichever
occurs first.
  (c)  A  person  considered to be violating a condition of probation or
parole under this section shall include a  person  who  is  violating  a
condition of probation or parole imposed under federal law.
  (d)  For  purposes  of this section, probation or parole shall include
conditional release, wherever applicable.
  S 153. Subparagraph (k) of paragraph (A) of subdivision 4  of  section
422  of the social services law, as amended by chapter 12 of the laws of
1996, is amended to read as follows:
  (k) a probation service conducting an investigation pursuant to  arti-
cle  three  or  seven  or  section six hundred fifty-three of the family
court act where there is reason to suspect  the  child  or  the  child's
sibling  may  have  been abused or maltreated and such child or sibling,
parent, guardian or other person legally responsible for the child is  a
person  named  in an indicated report of child abuse or maltreatment and
that such information is necessary for the making of a determination  or
recommendation  to  the court; or a probation service regarding a person
about whom it is conducting an investigation pursuant to  article  three
hundred  ninety of the criminal procedure law, or a probation service or
the [state division of parole] DEPARTMENT OF CORRECTIONS  AND  COMMUNITY
SUPERVISION regarding a person to whom the service or [division] DEPART-
MENT is providing supervision pursuant to article sixty of the penal law
or [section two hundred fifty-nine-a of the executive law] ARTICLE EIGHT
OF THE CORRECTION LAW, where the subject of investigation or supervision
has  been  convicted  of  a felony under article one hundred twenty, one
hundred twenty-five or one hundred thirty-five of the penal law  or  any
felony  or  misdemeanor  under  article  one hundred thirty, two hundred
thirty-five, two hundred forty-five, two hundred sixty  or  two  hundred
sixty-three  of  the penal law, or has been indicted for any such felony
and, as a result, has been convicted of a crime  under  the  penal  law,
where the service or [division] DEPARTMENT requests the information upon
a certification that such information is necessary to conduct its inves-
tigation,  that there is reasonable cause to believe that the subject of
an investigation is the subject of an indicated report and that there is
reasonable cause to believe that  such  records  are  necessary  to  the
investigation by the probation service or the [state division of parole]
DEPARTMENT,  provided,  however,  that  only  indicated reports shall be
furnished pursuant to this subdivision;
  S 154. Subdivision 11 of section 460-d of the social services law,  as
amended  by  section  42 of part B of chapter 58 of the laws of 2004, is
amended to read as follows:
  11. On or before issuance by the department to an adult care  facility
operator of official written notice of: the proposed revocation, suspen-
sion  or  denial of the operator's operating certificate; the limitation
of the operating certificate with respect to new admissions;  the  issu-
ance of a department order or commissioner's order; the seeking of equi-
table  relief pursuant to this section; the proposed assessment of civil
penalties for violations of the provisions of subparagraph two of  para-
graph  (b)  of subdivision seven of this section or placement on the "do
not refer list" pursuant to subdivision fifteen of this section, written

A. 4012--B                         186

notice also shall be given to the appropriate office of  the  department
of  mental hygiene, department of [correctional services, state division
of parole]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  and  local  social
services  districts,  and provided further that the department of health
shall notify hospitals in the locality in which such facility is located
that such notice has been issued. Upon resolution  of  such  enforcement
action the department shall notify the appropriate office of the depart-
ment  of  mental  hygiene,  department  of [correctional services, state
division of parole] CORRECTIONS AND COMMUNITY SUPERVISION, local  social
services districts and hospitals.
  S 155. Subdivision 1 of section 102 of the state administrative proce-
dure  act,  as amended by chapter 635 of the laws of 1995, is amended to
read as follows:
  1. "Agency" means any department, board, bureau, commission, division,
office, council, committee or officer of the state, or a public  benefit
corporation  or  public  authority  at  least  one  of  whose members is
appointed by the governor, authorized by law to make rules  or  to  make
final  decisions  in  adjudicatory proceedings but shall not include the
governor, agencies in the legislative and  judicial  branches,  agencies
created  by  interstate compact or international agreement, the division
of military and naval affairs to the extent it exercises  its  responsi-
bility for military and naval affairs, the division of state police, the
identification and intelligence unit of the division of criminal justice
services,  the  state  insurance fund, the unemployment insurance appeal
board, and except for purposes of subdivision one of section two hundred
two-d of this chapter, the workers' compensation board  and  except  for
purposes  of  article two of this chapter, the [state division of parole
and the] department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION.
  S 156. Subdivision 12 of section 8 of the state finance law, as  sepa-
rately  amended  by chapters 305 and 477 of the laws of 1985, is amended
to read as follows:
  12. Notwithstanding any inconsistent provision of the court of  claims
act,  examine,  audit  and  certify  for payment any claim submitted and
approved by the head of any institution  in  the  department  of  mental
hygiene,  the  department  of  [correctional  services]  CORRECTIONS AND
COMMUNITY SUPERVISION, the department of health  or  the  [division  for
youth]  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES for personal property
damaged or destroyed by any inmate thereof, or for personal property  of
an employee damaged or destroyed without fault on his part, by a fire in
said institution; or any claim submitted and approved by the head of any
institution  in  the  department  of mental hygiene or the [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES for real or personal prop-
erty damaged or destroyed or for personal injuries caused by any patient
during thirty days from the date of his escape from such institution; or
any claim submitted and approved  by  the  [chairman  of  the  board  of
parole]  COMMISSIONER  OF  THE  DEPARTMENT  OF CORRECTIONS AND COMMUNITY
SUPERVISION for personal property of an employee  damaged  or  destroyed
without  fault on his part as a result of actions unique to the perform-
ance of his official duties in accordance  with  rules  and  regulations
promulgated   by  the  [chairman]  COMMISSIONER  OF  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION with the  approval  of  the  comp-
troller;  or any claim submitted and approved by the chief administrator
of the courts for personal property of  any  judge  or  justice  of  the
unified  court  system or of any nonjudicial officer or employee thereof
damaged or destroyed, without fault on his part, by any party,  witness,

A. 4012--B                         187

juror  or  bystander to court proceedings, provided no such claim may be
certified for payment to a nonjudicial officer or employee who is  in  a
collective  negotiating unit until the chief administrator shall deliver
to the comptroller a certificate that there is in effect with respect to
such negotiating unit a written collective bargaining agreement with the
state  pursuant  to  article  fourteen  of  the  civil service law which
provides therefor; or any claim submitted and  approved  by  the  super-
intendent of state police for personal property of a member of the state
police  damaged  or  destroyed  without fault on his part as a result of
actions unique to the performance of police duties  in  accordance  with
rules  and  regulations  promulgated  by  the  superintendent  with  the
approval of the comptroller; or any claim submitted and approved by  the
head  of  a  state department or agency having employees in the security
services unit or the security supervisors unit for personal property  of
a member of such units damaged or destroyed without fault on his part as
a  result of actions unique to the performance of law enforcement duties
in accordance with rules and regulations promulgated by  the  department
or  agency  head,  after  consultation  with  the  employee organization
representing such units and with the approval  of  the  comptroller  and
payment  of  any  such  claim  shall not exceed the sum of three hundred
fifty dollars. Where an agreement between  the  state  and  an  employee
organization  reached  pursuant to the provisions of article fourteen of
the civil service law provides for payments to be made to  employees  by
an  institution,  such payments for claims not in excess of seventy-five
dollars, or one hundred fifty dollars if otherwise provided  in  accord-
ance  with  the  terms  of such agreement, may be made from a petty cash
account established pursuant to section  one  hundred  fifteen  of  this
chapter, and in the manner prescribed therein.
  S  157.  Subdivision  12-g  of  section 8 of the state finance law, as
amended by section 37 of part A-1 of chapter 56 of the laws of 2010,  is
amended to read as follows:
  12-g.  Notwithstanding  any other provision of the court of claims act
or any other law to the contrary, thirty  days  before  the  comptroller
issues  a check for payment to an inmate serving a sentence of imprison-
ment with the [state] department of [correctional services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION or to a prisoner confined at a local correc-
tional facility for any reason, including a payment made in satisfaction
of any damage award in connection with any  lawsuit  brought  by  or  on
behalf  of  such  inmate  or  prisoner  against  the state or any of its
employees in federal court or any other  court,  the  comptroller  shall
give  written notice, if required pursuant to subdivision two of section
six hundred thirty-two-a of the executive law, to the office  of  victim
services  that  such payment shall be made thirty days after the date of
such notice.
  S 158. Subparagraph 4 of paragraph a of subdivision 1 of section 54 of
the state finance law, as added by chapter 430 of the laws of  1997,  is
amended to read as follows:
  (4)  Population  excludes the reservation and school Indian population
and inmates of [state] institutions under the direction, supervision  or
control  of  the state department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION and the state department of mental hygiene and
the inmates of state institutions operated and maintained by the  [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
  S 159. Subdivisions 3 and 4 of section 97-cc of the state finance law,
as  added  by  chapter  338  of the laws of 1989, are amended to read as
follows:

A. 4012--B                         188

  3. Moneys within the rehabilitative alcohol and substance abuse treat-
ment fund, upon appropriation by the legislature, shall be available [to
the division of parole and] to the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION for the operation of  alcohol  and
substance  abuse  treatment  facilities,  alcohol  and  substance  abuse
correctional annexes and residential  treatment  facilities,  including,
but  not  limited  to, the payment of private sector treatment providers
and for providing alcohol and  substance  abuse  treatment  services  to
persons   under   the   supervision  of  the  [division]  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  4. Moneys, shall be payable from the fund on the audit and warrant  of
the  comptroller  on vouchers approved and certified by the commissioner
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 160. Section 97-ooo of the state finance law, as added by section 10
of part B of chapter 57 of the laws of  1998,  is  amended  to  read  as
follows:
  S 97-ooo.  [Division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNI-
TY  SUPERVISION asset forfeiture account. 1. There is hereby established
in the joint custody of the  state  comptroller  and  the  [division  of
parole]  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION a special
account within the miscellaneous special revenue fund to be known as the
[division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
asset forfeiture account. Such account shall consist, subject to  neces-
sary  federal  approval,  of moneys received by the [division of parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION through the  equita-
ble sharing that is authorized in federal forfeiture actions.
  2. The moneys of the account shall be available for purposes of devel-
oping additional resources such as, but not limited to, obtaining equip-
ment,  establishing  training programs, or accessing existing technology
or databases.
  3. The [chairman of the board] COMMISSIONER of [parole] THE DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION shall report to the commission-
er of the division of criminal justice services,  the  director  of  the
budget, the chairman of the senate finance committee and the chairman of
the assembly ways and means committee by October first, nineteen hundred
ninety-eight  and every six months thereafter, on the source and amounts
of moneys in the account. Such  report  shall  describe  the  amount  of
moneys  received  by the federal government and the [division of parole]
DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION  from  the  joint
activities  of  the  [division]  DEPARTMENT  and federal law enforcement
agencies, the law enforcement activities which led  to  such  forfeiture
and the value of the assets so seized.
  4. The moneys of such account shall be made available on the audit and
warrant  of  the  comptroller  on  vouchers certified or approved by the
[chairman]  COMMISSIONER  of  the  [board  of  parole]   DEPARTMENT   OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  S  161. Paragraphs (a) and (b) of subdivision 3 of section 99-m of the
state finance law, as added by section 2 of part E of chapter 56 of  the
laws of 2005, are amended to read as follows:
  (a) An individual or entity ("administrator"), appointed by the gover-
nor  in  consultation  with  the  temporary president of the senate, the
speaker of the assembly,  and  representatives  of  eligible  claimants,
shall  develop  the  compensation payment plan. Such administrator shall
not be entitled to salary or remuneration for his/her services; however,
reasonable expenses directly connected to the conduct of the administra-

A. 4012--B                         189

tor's duties shall be  paid  through  the  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.
  (b)  The  administrator shall receive from each claimant an accounting
of the injuries suffered by the state employee victim during the  course
of the Attica riots. The administrator shall determine and promulgate to
potential  claimants  through  the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION the means and dates by which  said
accountings of injuries shall be submitted and determined. To the extent
any  inconsistency  or  discrepancy  in accounts of injuries suffered is
identified, the administrator  may  rely  upon  the  assistance  of  the
report,  research, and documentation regarding the Attica riots compiled
by the Attica task force created in March of two thousand one.
  S 162. Section 125 of the state finance law, as amended by chapter  37
of the laws of 1962, is amended to read as follows:
  S  125.  Fiscal  supervision of certain institutions.  Notwithstanding
any other provision of law relative to the supervision  and  control  by
departments  of  any  of  the  institutions  under  the jurisdiction and
control of the [department of social welfare] OFFICE  OF  TEMPORARY  AND
DISABILITY  ASSISTANCE,  the  department  of  health,  the department of
mental hygiene and the department of [correction] CORRECTIONS AND COMMU-
NITY SUPERVISION on the first day of January, nineteen  hundred  thirty-
nine and of any institution which shall hereafter be under the jurisdic-
tion  of  such  departments,  such  department shall have the powers and
duties prescribed by this article with respect to such institution. This
section shall not impair or affect the powers  of  the  commissioner  of
general  services under the provisions of article eleven of this chapter
with respect to estimates made pursuant to this section so far  as  they
constitute a requisition for material, equipment or supplies.
  S  163.  Subdivision  1  of  section  128 of the state finance law, as
amended by chapter 471 of the laws  of  1980,  is  amended  to  read  as
follows:
  1.  Any  personal  property,  and  any interest or increments accruing
thereon, belonging or credited to a person in any institution under  the
jurisdiction  of the [department of social services] OFFICE OF TEMPORARY
AND DISABILITY ASSISTANCE, the department of health, the  department  of
mental  hygiene, the executive department, or the department of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION  who  shall  have
been  discharged from such institution or who shall have died or escaped
before discharge or before termination of  sentence,  which  is  in  the
custody  of  the proper officer of such institution, shall, if unclaimed
by such discharged or escaped person or by the legal  representative  of
such  deceased  person  for  a period of six months after the discharge,
decease or escape of such person, be fully inventoried  and  a  copy  of
such  inventory  shall be filed with the commissioner of such department
having jurisdiction over such  institution  and  with  the  state  comp-
troller.
  S 164. Paragraph a of subdivision 2, paragraphs a and b of subdivision
3,  subparagraph  (i) of paragraph a of subdivision 4, subdivision 5 and
paragraphs a and d of subdivision 6 of section 162 of the state  finance
law,  as  added  by  chapter  83  of the laws of 1995 and paragraph a of
subdivision 2 as amended by chapter 501 of the laws of 2002, are amended
to read as follows:
  a. Commodities produced by the [department of correctional  services']
correctional  industries  program  OF  THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION and provided to the state pursuant to  subdivision
two of section one hundred eighty-four of the correction law;

A. 4012--B                         190

  [fa]  A.   By December thirty-first, nineteen hundred ninety-five, the
commissioner, in consultation with the  commissioners  of  [correctional
services]  CORRECTIONS  AND COMMUNITY SUPERVISION, [social services] THE
OFFICE OF CHILDREN AND FAMILY SERVICES,  THE  OFFICE  OF  TEMPORARY  AND
DISABILITY ASSISTANCE, mental health and education, shall prepare a list
of  all  commodities  and  services  that  are  available  and are being
provided as of said date, for purchase by state agencies, public benefit
corporations or political  subdivisions  from  those  entities  accorded
preference  or priority status under this section. Such list may include
references to catalogs and other descriptive literature which are avail-
able directly from any provider accorded  preferred  status  under  this
section.  The commissioner shall make this list available to prospective
vendors, state agencies, public benefit corporations, political subdivi-
sions and other interested parties.  Thereafter,  new  or  substantially
different  commodities  or  services  may  only  be  made  available  by
preferred sources for purchase by more than  one  state  agency,  public
benefit  corporation  or  political  subdivision  after addition to said
list.
  b. After January first, nineteen hundred ninety-six, upon the applica-
tion of the commissioner  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION, the commissioner of [social services] THE OFFICE
OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF TEMPORARY AND  DISABILITY
ASSISTANCE,  the  commissioner  of  mental health or the commissioner of
education, or a non-profit-making facilitating agency designated by  one
of  the said commissioners pursuant to paragraph e of subdivision six of
this section, the state  procurement  council  may  recommend  that  the
commissioner:  (i)  add  commodities or services to, or (ii) in order to
insure that such list reflects current production and/or availability of
commodities and services, delete at the request of a  preferred  source,
commodities  or  services  from,  the list established by paragraph a of
this subdivision. The council may make a non-binding  recommendation  to
the relevant preferred source to delete a commodity or service from such
list. Additions may be made only for new services or commodities, or for
services  or  commodities  that  are  substantially different from those
reflected on said list for that provider. The decision to recommend  the
addition  of  services  or  commodities  shall be based upon a review of
relevant factors as determined by the council including costs and  bene-
fits  to  be derived from such addition and shall include an analysis by
the office of general services conducted pursuant to subdivision six  of
this  section.  Unless the state procurement council shall make a recom-
mendation to the commissioner on any such application within one hundred
twenty days of receipt thereof, such application shall be deemed  recom-
mended.  In  the event that the state procurement council shall deny any
such application, the commissioner  or  non-profit-making  agency  which
submitted  such  application  may,  within  thirty  days of such denial,
appeal such denial to the commissioner of  general  services  who  shall
review  all  materials  submitted  to the state procurement council with
respect to such application and who may request such further information
or material as is deemed necessary. Within sixty days of receipt of  all
information or materials deemed necessary, the commissioner shall render
a  written final decision on the application which shall be binding upon
the applicant and upon the state procurement council.
  (i) When commodities are available, in the form, function and  utility
required by a state agency, public authority, commission, public benefit
corporation or political subdivision, said commodities must be purchased
first  from  the  [department  of  correctional  services'] correctional

A. 4012--B                         191

industries program OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION;
  5.  Prices  charged  by  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION.   The prices to  be  charged  for
commodities  produced  by  the  [department  of  correctional services']
correctional industries program OF THE  DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY  SUPERVISION  shall  be  established  by  the  commissioner of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION in accord-
ance with section one hundred eighty-six of the correction law.
  a.  The  prices  established  by  the  commissioner  of  [correctional
services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall be based upon
costs as determined pursuant to this subdivision, but shall not exceed a
reasonable fair market price determined at or within ninety days  before
the  time  of  sale. Fair market price as used herein means the price at
which a vendor of the same or similar product or service who is regular-
ly engaged in the business of selling such product or service offers  to
sell  such  product  or  service under similar terms in the same market.
Costs shall be determined in accordance with an  agreement  between  the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION and the director of the budget.
  b.  A  purchaser of any such product or service may, at any time prior
to or within thirty days of the time of sale, appeal the purchase  price
in accordance with section one hundred eighty-six of the correction law,
on  the  basis  that  it unreasonably exceeds fair market price. Such an
appeal shall be decided by a  majority  vote  of  a  three-member  price
review  board consisting of the director of the budget, the commissioner
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION and the
commissioner or their representatives. The decision of the review  board
shall be final.
  a.  Except  with respect to the [department of correctional services']
correctional industries program OF THE  DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY  SUPERVISION,  it  shall  be  the  duty of the commissioner to
determine, and from time to time review, the prices of  all  commodities
and  to  approve the price of all services provided by preferred sources
as specified in this section offered to state agencies, political subdi-
visions or public  benefit  corporations  having  their  own  purchasing
office.
  d.  Such qualified charitable non-profit-making agencies for the blind
and other severely disabled may make purchases of  materials,  equipment
and supplies [from the department of correctional services' correctional
industries  program,]  directly from the correctional industries program
administered by the commissioner of [correctional services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION, subject to such rules as may be established
from time to time pursuant to the  correction  law;  provided  that  the
qualified  charitable  non-profit-making  agency  for the blind or other
severely disabled shall accept sole responsibility for any  payment  due
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION.
  S 165. Subparagraph (viii) of paragraph a of subdivision 3 of  section
163  of  the  state  finance  law, as added by chapter 83 of the laws of
1995, is amended to read as follows:
  (viii) The commissioner may permit and prescribe the  conditions  for,
(A)  any  association, consortium or group of privately owned or munici-
pal, federal or state owned  or  operated  hospitals,  medical  schools,
other  health  related facilities or voluntary ambulance services, which
have entered into a contract and made mutual arrangements for the  joint

A. 4012--B                         192

purchase of commodities pursuant to section twenty-eight hundred three-a
of the public health law; (B) any institution for the instruction of the
deaf  or  of  the  blind  listed in section forty-two hundred one of the
education  law; (C) any qualified non-profit-making agency for the blind
approved by the commissioner of [social services] THE OFFICE OF CHILDREN
AND  FAMILY  SERVICES  OR  THE  OFFICE  OF  TEMPORARY   AND   DISABILITY
ASSISTANCE;  (D)  any  qualified charitable non-profit-making agency for
the severely disabled approved by the commissioner of education; (E) any
hospital or residential health care facility as defined in section twen-
ty-eight hundred one of the public health law; (F) any private  not-for-
profit  mental hygiene facility as defined in section 1.03 of the mental
hygiene law; and (G) any public authority or public benefit  corporation
of  the  state,  including the port authority of New York and New Jersey
and the interstate environmental commission,  to  make  purchases  using
centralized  contracts for commodities. Such qualified non-profit-making
agencies for the blind and severely disabled may make purchases from the
[department of correctional services'] correctional  industries  program
OF  THE  DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION subject to
rules pursuant to the correction law.
  S 166. Section 401 of the state technology law, as added by section  1
of part E of chapter 1 of the laws of 2004, and as renumbered by chapter
741 of the laws of 2005, is amended to read as follows:
  S  401.  Statewide  wireless network advisory council. There is hereby
established within  the  office  for  technology  a  statewide  wireless
network  advisory council. The advisory council shall consist of twenty-
seven members. The governor shall appoint two members and the  temporary
president  of  the  senate  and  the  speaker of the assembly shall each
appoint four members. One of the governor's appointments  and  three  of
the  appointments  of  the  temporary president of the senate and of the
speaker of the assembly shall be a member, officer,  or  employee  of  a
first  responder  organization  that serves a municipal corporation. One
each of the appointments of the temporary president of the senate and of
the speaker of the assembly shall possess  expertise  in  the  field  of
communications  technology  but no appointee shall be the owner, princi-
pal, or employee of an entity that has a contract with the state of  New
York or that vends communications products to any state or local govern-
ment. An organization shall be considered a first responder organization
if it provides policing, firefighting, or emergency medical services, as
defined  in  subdivision  eleven  of  section  three  hundred two of the
retirement and social security  law,  subdivision  two  of  section  one
hundred  of  the  general  municipal  law, subdivisions one, two, three,
four, five, six, and seven of section three thousand one of  the  public
health  law,  and  section six hundred fifty of the county law. In addi-
tion, the temporary president of the  senate  and  the  speaker  of  the
assembly  shall  each designate one member of their respective houses to
serve on the advisory council. Ex officio members of the  council  shall
be  the  director of the office of homeland security, the superintendent
of the state police, the director of  the  office  for  technology,  the
commissioner  of  the  department  of  health,  the  commissioner of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION,  the  commissioner  of  the  department  of  transportation, the
commissioner of the department of environmental conservation, the chair-
person of the thruway authority, the state  fire  administrator  of  the
office of fire prevention and control, the chief judge of the state, the
commissioner  of  the  division of criminal justice services, the chair-
person of the metropolitan transportation authority, a designee  of  the

A. 4012--B                         193

law enforcement council and the designee of the mayor of the city of New
York,  or  their  designees.  The  chief information officer of New York
state shall be the chair of the advisory council.
  S  167.  Section  2222-a  of  the  surrogate's court procedure act, as
amended by section 45 of part A-1 of chapter 56 of the laws of 2010,  is
amended to read as follows:
S  2222-a.  Notice  of legacy or distributive share payable to inmate or
               prisoner
  Where the legatee, distributee or beneficiary is an inmate  serving  a
sentence  of  imprisonment  with  the  state department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION or a  prisoner  confined
at  a  local  correctional facility, the court shall give prompt written
notice to the office of victim services, and at  the  same  time  direct
that no payment be made to such inmate or prisoner for a period of thir-
ty  days following the date of entry of the order containing such direc-
tion.
  S 168. Subdivision (d) of section 484 of the  tax  law,  as  added  by
chapter 860 of the laws of 1987, is amended to read as follows:
  (d) The provisions of this article shall not be applicable to any sale
as  to which the tax imposed by section four hundred seventy-one of this
chapter is not applicable or to a sale to the department of [correction-
al services] CORRECTIONS AND COMMUNITY SUPERVISION  of  this  state  for
sale to or use by inmates in institutions under the jurisdiction of such
department.
  S  169.  Subdivision  (c)  of section 1846 of the tax law, as added by
chapter 65 of the laws of 1985, is amended to read as follows:
  (c) In the alternative, if the tax commission concludes that any ciga-
rettes seized pursuant to this section, when  offered  at  public  sale,
will  bring  a  price less than the reasonably estimated price which the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION would have to pay for the purchase of such cigarettes for sale to
or use by inmates in institutions under the jurisdiction of such depart-
ment,  the tax commission may dispose of such cigarettes by transferring
them to the department of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION for sale to or use by inmates in such institutions.
  S 170. Subdivision (c) of section 1846-a of the tax law, as  added  by
chapter 61 of the laws of 1989, is amended to read as follows:
  (c) In the alternative, if the commissioner concludes that any tobacco
products  seized  pursuant to this section, when offered at public sale,
will bring a price less than the reasonably estimated  price  which  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION would have to pay for the purchase of such tobacco  products  for
sale to or use by inmates in institutions under the jurisdiction of such
department,  the  commissioner  may  dispose of such tobacco products by
transferring  them  to  the  department   of   [correctional   services]
CORRECTIONS  AND  COMMUNITY SUPERVISION for sale to or use by inmates in
such institutions.
  S 171. Section 25-a of the town law, as added by chapter  295  of  the
laws of 1949, is amended to read as follows:
  S  25-a. Fingerprints of persons before appointment as town policemen,
or as constables possessing powers in criminal matters. No person  shall
be  appointed  or  reappointed  a  member of the police department, or a
special policeman, or a constable not limited to powers  and  duties  in
civil actions and proceedings only, in any town, who shall not previous-
ly,  for  the  purposes of this section, have submitted fingerprints [of
his two hands] IN THE FORM AND MANNER  PRESCRIBED  BY  THE  DIVISION  OF

A. 4012--B                         194

CRIMINAL JUSTICE SERVICES to the town board or other board or officer of
the town empowered by law to make such appointment or reappointment, and
it  shall  be  the  duty  of  such  board or officer, before making such
appointment  or  reappointment,  to compare or cause to be compared such
fingerprints with fingerprints  filed  with  the  division  of  criminal
[identification of the state department of correction] JUSTICE SERVICES;
provided,  however,  that in any case where the fingerprints of any such
person shall once have been submitted pursuant to this section  and  are
on  file  with the board empowered to make the appointment or reappoint-
ment, no new submission thereof shall be required, nor shall such  board
be  required to make or cause to be made such comparison if such compar-
ison shall have been  made  previously  pursuant  to  this  section  and
certification thereof by such department is on file with such board.
  S  172.  Section  109-a  of the vehicle and traffic law, as amended by
chapter 370 of the laws of 2000, is amended to read as follows:
  S 109-a. Correction vehicle. Every vehicle operated in the city of New
York by the New York city department of correction or the New York state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION while engaged in an emergency operation.
  S  173.  Subdivision 3 of section 10 of the workers' compensation law,
as amended by chapter 244 of the laws of 2002, is  amended  to  read  as
follows:
  3.  Notwithstanding  any  other  provisions  of  this chapter, where a
public safety worker, including but not limited to a firefighter,  emer-
gency  medical  technician, police officer, correction officer, civilian
employee of the department of corrections AND COMMUNITY  SUPERVISION  or
other person employed by the state to work within a correctional facili-
ty  maintained  by the department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION, driver and medical observer, in the course of
performing his or her duties, is exposed to the blood  or  other  bodily
fluids  of  another  individual or individuals, the executive officer of
the appropriate ambulance, fire or police district  may  authorize  such
public safety worker to obtain the care and treatment, including diagno-
sis,  recommended  medicine  and  other medical care needed to ascertain
whether such individual was exposed to or  contracted  any  communicable
disease  and  such care and treatment shall be the responsibility of the
insurance carrier of the appropriate ambulance, fire or police  district
or,  if  a  public  safety  worker  was  not so exposed in the course of
performing his or her duties for such a district, then such person shall
be covered for the treatment provided for in  this  subdivision  by  the
carrier  of  his or her employer when such person is acting in the scope
of his or her employment. For the purpose of this subdivision, the  term
"public  safety worker" shall include persons who act for payment or who
act as volunteers in an organized group such as a rescue  squad,  police
department,  correctional facility, ambulance corps, fire department, or
fire company.
  S 174. This act shall take effect immediately, provided that:
  1. the amendments to section  72-a  of  the  correction  law  made  by
section  seven  of  this  act  shall  not  affect the expiration of such
section and shall expire and be deemed repealed therewith;
  2. the amendments to section 91 of the correction law made by  section
ten  of  this act shall take effect on the same date as the reversion of
such section as provided in section 8 of part H of  chapter  56  of  the
laws of 2009, as amended;
  3.  the amendments to section 92 of the correction law made by section
eleven of this act shall take effect on the same date as  the  reversion

A. 4012--B                         195

of  such section as provided in section 8 of part H of chapter 56 of the
laws of 2009, as amended;
  4.  the  amendments  to  section  140-a  of the correction law made by
section sixteen of this act shall not affect the repeal of such  section
and shall be deemed repealed therewith;
  5. the amendments to section 803 of the correction law made by section
thirty-seven  of  this  act  shall  be subject to the expiration of such
section and shall expire and be deemed repealed therewith;
  6. the amendments to section 803 of the correction law made by section
thirty-eight of this act shall take effect  on  the  same  date  as  the
reversion  of such section as provided in section 74 of chapter 3 of the
laws of 1995, as amended;
  6-a. the amendments to subdivisions 1 and 2 of section  259-c  of  the
executive  law  made by section 38-b of this act shall be subject to the
expiration and reversion of such subdivisions pursuant to section 74  of
chapter  3  of  the  laws  of  1995, as amended, when upon such date the
provisions of section 38-b-1 shall take effect;
  6-b. the amendments to subdivision 1 of section 259-r of the executive
law made by section 38-l of this act shall be subject to the  expiration
and  reversion  of such subdivisions pursuant to section 74 of chapter 3
of the laws of 1995, as amended, when upon such date the  provisions  of
section 38-l-1 shall take effect;
  7. the amendments to section 806 of the correction law made by section
forty  of this act shall not affect the repeal of such section and shall
expire and be deemed repealed therewith;
  8. the amendments to subdivision 1 of section 851  of  the  correction
law  made by section forty-one of this act shall be subject to the expi-
ration and reversion of such subdivision pursuant to section 5 of  chap-
ter  554  of  the  laws  of  1986,  as  amended, when upon such date the
provisions of section forty-one-a of this act shall take effect;
  9. the amendments to subdivision 1 of section 851  of  the  correction
law  made  by  section  forty-one-a  of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section  10  of
chapter  339  of  the  laws of 1972, as amended, when upon such date the
provisions of section forty-one-b of this act shall take effect;
  10. the amendments to  the  closing  paragraph  of  subdivision  2  of
section  851 of the correction law made by section forty-two of this act
shall be subject to the expiration and  reversion  of  such  subdivision
pursuant  to  section  46 of chapter 60 of the laws of 1994, as amended,
when upon such date the provisions of section forty-three  of  this  act
shall take effect;
  10-a. the amendments to subdivision 5 of section 851 of the correction
law made by section forty-three-a of this act shall take effect upon the
expirations  of section 42 of chapter 60 of the laws of 1994, section 10
of chapter 339 of the laws of 1972 and section 3 of chapter 554 of  laws
of 1986;
  11.  the  amendments to subdivision 5 of section 852 of the correction
law made by section forty-four of this act shall not affect the  expira-
tion  and  reversion  of  such  section  and  shall expire and be deemed
repealed therewith;
  12. the amendments to subdivision 2 of section 852 of  the  correction
law made by section forty-five of this act shall take effect on the same
date as the reversion of such section as provided in section 10 of chap-
ter 339 of the laws of 1972, as amended;
  13.  the  amendments to subdivision 2 of section 856 of the correction
law made by section forty-six of this act shall take effect on the  same

A. 4012--B                         196

date  as the reversion of section 856 as provided in section 10 of chap-
ter 339 of the laws of 1972, as amended;
  14.  the  amendments to subdivision 6 of section 855 of the correction
law made by section forty-seven of this act  shall  be  subject  to  the
expiration and reversion of such section pursuant to section 10 of chap-
ter  339  of  the  laws  of  1972,  as  amended, when upon such date the
provisions of section forty-eight of this act shall take effect;
  15. the amendments to subdivision (f) of section  1101  of  the  civil
practice  law  and rules made by section fifty-one of this act shall not
affect the expiration and reversion of such subdivision and shall expire
and be deemed repealed therewith;
  16. the amendments to subdivisions 2 and 4 of section 209 of the civil
service law made by section sixty-four of this act shall not affect  the
expiration  of such subdivisions and shall expire and be deemed repealed
therewith;
  17. the amendments to subdivision 9 of section  10  of  the  court  of
claims  act made by section sixty-seven of this act shall not affect the
expiration of such subdivision and shall expire and be  deemed  repealed
therewith;
  18.  the  amendments  to  section 410.91 of the criminal procedure law
made by section seventy-six of this act shall not affect the  repeal  of
such section and shall expire and be deemed repealed therewith;
  19.  the  amendments  to subdivisions 2 and 4 of section 430.20 of the
criminal procedure law made by section seventy-seven of this  act  shall
be subject to the expiration and reversion of such subdivisions pursuant
to  section  74  of chapter 3 of the laws of 1995, as amended, when upon
such date the provisions of section seventy-eight of this act shall take
effect;
  20. the amendments to section 83-m of  the  legislative  law  made  by
section  one hundred eighteen of this act shall not affect the repeal of
such section and shall expire and be deemed repealed therewith;
  21. the amendments to subdivision 7 of section 70.06 of the penal  law
made  by  section  one hundred twenty-three of this act shall not affect
the repeal of such subdivision and shall expire and be  deemed  repealed
therewith;
  22.  the  amendments  to  subdivisions 1 and 3 of section 70.20 of the
penal law made by section one hundred twenty-four of this act  shall  be
subject to the expiration and reversion of such subdivisions pursuant to
section  74 of chapter 3 of the laws of 1995, as amended, when upon such
date the provisions of section one hundred twenty-five of this act shall
take effect;
  23. the amendments to  the  opening  paragraph  of  subdivision  1  of
section 70.30 of the penal law made by section one hundred twenty-six of
this  act shall be subject to the expiration and reversion of such para-
graph pursuant to section 74 of chapter  3  of  the  laws  of  1995,  as
amended, when upon such date the provisions of section one hundred twen-
ty-seven of this act shall take effect;
  24.  the amendments to subdivision 7 of section 70.30 of the penal law
made by section one hundred twenty-six of this act shall not affect  the
expiration  of  such subdivision and shall expire and be deemed repealed
therewith;
  25. the amendments to section 70.35 of the penal law made  by  section
one  hundred  twenty-seven-a of this act shall be subject to the expira-
tion and reversion of such section pursuant to section 74 of  chapter  3
of  the  laws of 1995, as amended, when upon such date the provisions of
section one hundred twenty-seven-b of this act shall take effect;

A. 4012--B                         197

  26. the amendments to paragraph (a) of subdivision 1 of section  70.40
of  the penal law made by section one hundred twenty-seven-c of this act
shall be subject to the expiration and reversion of such paragraph, when
upon such date the provisions of section one hundred  twenty-seven-d  of
this act shall take effect;
  27.  the amendments to paragraph (b) of subdivision 1 of section 70.40
of the penal law made by section one hundred  twenty-seven-d-1  of  this
act  shall  be subject to the expiration and reversion of such paragraph
pursuant to section 74 of chapter 3 of the laws  of  1995,  as  amended,
when upon such date the provisions of section one hundred twenty-seven-e
of this act shall take effect;
  28.  the amendments to paragraph (c) of subdivision 1 of section 70.40
of the penal law made by section one hundred twenty-seven-f of this  act
shall  not  affect  the repeal of such paragraph and shall expire and be
deemed repealed therewith;
  29. the amendments to subdivision 1 of section 85.15 of the penal  law
made  by section one hundred twenty-seven-1 of this act shall be subject
to the expiration and reversion of such subdivision pursuant to  section
74 of chapter 3 of the laws of 1995, as amended, when upon such date the
provisions  of section one hundred twenty-seven-m of this act shall take
effect;
  30. the amendments to section 205.17 of the penal law made by  section
one  hundred  twenty-seven-n of this act shall not affect the expiration
of such section and shall expire therewith;
  31. the amendments to section 205.19 of the penal law made by  section
one  hundred  twenty-seven-o of this act shall not affect the expiration
of such section and shall expire therewith;
  32. the amendments to subdivision 26 of  section  206  of  the  public
health  law made by section one hundred twenty-seven-t of this act shall
take effect on the same date and in the same  manner  as  section  2  of
chapter 419 of the laws of 2009 takes effect;
  33.  the  amendments  to section 99-m of the state finance law made by
section one hundred sixty-one of this act shall not affect the repeal of
such section and shall expire and be deemed repealed therewith; and
  34. the amendments to section 163 of the state  finance  law  made  by
section  one  hundred sixty-five of this act shall not affect the repeal
of such section and shall expire and be deemed repealed therewith.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Subparts A and B of this act  shall  be
as specifically set forth in the last section of such Subparts.

                                 PART D

  Section  1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development  corporation  act,  is  amended  by
adding a new section 44 to read as follows:

A. 4012--B                         198

  S  44. TRANSFER OF POWERS, FUNCTIONS AND AFFAIRS OF THE NEW YORK STATE
FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION.  1. ECONOMIC DEVELOP-
MENT EFFICIENCY. IN ORDER TO PROMOTE ECONOMIC DEVELOPMENT EFFICIENCY  IN
THE  STATE OF NEW YORK, THE TRANSFER OF POWERS, FUNCTIONS AND AFFAIRS OF
THE  NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION TO
THE CORPORATION IS HEREBY AUTHORIZED.
  2. TRANSFER OF POWERS OF THE NEW YORK STATE  FOUNDATION  FOR  SCIENCE,
TECHNOLOGY AND INNOVATION. THE FUNCTIONS AND POWERS POSSESSED BY AND ALL
OF  THE  OBLIGATIONS  AND  DUTIES  OF  THE NEW YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION, AS ESTABLISHED PURSUANT  TO  ARTICLE
10-A OF THE PUBLIC AUTHORITIES LAW AND ARTICLE 10-B OF THE EXECUTIVE LAW
SHALL  BE TRANSFERRED AND ASSIGNED TO, AND ASSUMED BY AND DEVOLVED UPON,
THE CORPORATION. NOTWITHSTANDING THE FOREGOING, ANY  PROGRAMS  SPECIFIED
IN  LAW TO BE ADMINISTERED BY THE NEW YORK STATE FOUNDATION FOR SCIENCE,
TECHNOLOGY AND INNOVATION SHALL BE ADMINISTERED BY THE CORPORATION  ONLY
TO THE EXTENT OF AVAILABLE APPROPRIATIONS.
  3.  ABOLITION OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY
AND INNOVATION. UPON THE TRANSFER PURSUANT TO SUBDIVISION  TWO  OF  THIS
SECTION  OF  THE  FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLI-
GATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION FOR  SCIENCE,  TECH-
NOLOGY  AND  INNOVATION,  AS ESTABLISHED PURSUANT TO ARTICLE 10-A OF THE
PUBLIC AUTHORITIES LAW AND ARTICLE 10-B OF THE EXECUTIVE  LAW,  THE  NEW
YORK  STATE  FOUNDATION  FOR SCIENCE, TECHNOLOGY AND INNOVATION SHALL BE
ABOLISHED.
  4. CONTINUITY OF AUTHORITY  OF  THE  NEW  YORK  STATE  FOUNDATION  FOR
SCIENCE, TECHNOLOGY AND INNOVATION. EXCEPT AS HEREIN OTHERWISE PROVIDED,
UPON  THE  TRANSFER  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION OF THE
FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND  DUTIES
OF  THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION
AS ESTABLISHED PURSUANT TO SUCH PROVISIONS OF THE EXECUTIVE LAW AND  THE
PUBLIC  AUTHORITIES  LAW TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION
TWO OF THIS SECTION FOR THE PURPOSE  OF  SUCCESSION  OF  ALL  FUNCTIONS,
POWERS,  DUTIES  AND  OBLIGATIONS  OF  THE NEW YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION, THE CORPORATION SHALL BE  DEEMED  TO
AND  BE  HELD  TO CONSTITUTE THE CONTINUATION OF SUCH FUNCTIONS, POWERS,
DUTIES AND OBLIGATIONS AND NOT A DIFFERENT AGENCY OR AUTHORITY.
  5. TRANSFER OF RECORDS OF THE NEW YORK STATE FOUNDATION  FOR  SCIENCE,
TECHNOLOGY  AND INNOVATION. UPON THE TRANSFER PURSUANT TO SECTION TWO OF
THIS ACT OF THE FUNCTIONS AND POWERS POSSESSED BY AND ALL OF  THE  OBLI-
GATIONS  AND  DUTIES OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECH-
NOLOGY AND INNOVATION AS ESTABLISHED PURSUANT TO SUCH PROVISIONS OF  THE
EXECUTIVE  LAW  AND  THE  PUBLIC  AUTHORITIES  LAW TO THE CORPORATION AS
PRESCRIBED BY SUBDIVISION  TWO  OF  THIS  SECTION,  ALL  BOOKS,  PAPERS,
RECORDS  AND  PROPERTY  PERTAINING  TO THE NEW YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION SHALL BE  TRANSFERRED  TO  AND  MAIN-
TAINED BY THE CORPORATION.
  6.  COMPLETION OF UNFINISHED BUSINESS OF THE NEW YORK STATE FOUNDATION
FOR SCIENCE, TECHNOLOGY AND INNOVATION. UPON THE  TRANSFER  PURSUANT  TO
SUBDIVISION TWO OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY
AND  ALL  OF THE OBLIGATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION
FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTABLISHED PURSUANT  TO  SUCH
PROVISIONS  OF  THE  EXECUTIVE LAW AND THE PUBLIC AUTHORITIES LAW TO THE
CORPORATION AS PRESCRIBED BY SUBDIVISION TWO OF THIS SECTION, ANY  BUSI-
NESS OR OTHER MATTER UNDERTAKEN OR COMMENCED BY THE NEW YORK STATE FOUN-
DATION FOR SCIENCE, TECHNOLOGY AND INNOVATION PERTAINING TO OR CONNECTED
WITH  THE  FUNCTIONS,  POWERS, OBLIGATIONS AND DUTIES SO TRANSFERRED AND

A. 4012--B                         199

ASSIGNED TO THE CORPORATION MAY BE CONDUCTED OR COMPLETED BY THE  CORPO-
RATION.
  7.  TERMS  OCCURRING  IN  LAWS,  CONTRACTS  OR  OTHER  DOCUMENTS OF OR
PERTAINING TO THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY  AND
INNOVATION.  UPON  THE  TRANSFER  PURSUANT  TO  SUBDIVISION  TWO OF THIS
SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY AND ALL  OF  THE  OBLI-
GATIONS  AND  DUTIES OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECH-
NOLOGY AND INNOVATION AS ESTABLISHED PURSUANT TO SUCH PROVISIONS OF  THE
EXECUTIVE  LAW  AND THE PUBLIC AUTHORITIES LAW AS PRESCRIBED BY SUBDIVI-
SION TWO OF THIS SECTION, WHENEVER THE NEW  YORK  STATE  FOUNDATION  FOR
SCIENCE,  TECHNOLOGY  AND INNOVATION AND THE EXECUTIVE DIRECTOR THEREOF,
THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES OF WHICH  ARE  TRANSFERRED
TO THE CORPORATION ARE REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT OR
DOCUMENT  PERTAINING  TO  THE  FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES
TRANSFERRED AND ASSIGNED PURSUANT TO THIS  SECTION,  SUCH  REFERENCE  OR
DESIGNATION  SHALL  BE  DEEMED TO REFER TO THE CORPORATION AND ITS CHIEF
EXECUTIVE OFFICER OR HIS OR HER DESIGNEE.
  8. EXISTING RIGHTS AND REMEDIES OF OR PERTAINING TO THE NEW YORK STATE
FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION PRESERVED.   UPON  THE
TRANSFER  PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION OF THE FUNCTIONS
AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW
YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION  AS  ESTAB-
LISHED  PURSUANT  TO THE EXECUTIVE LAW AND THE PUBLIC AUTHORITIES LAW TO
THE CORPORATION AS PRESCRIBED BY SUBDIVISION TWO  OF  THIS  SECTION,  NO
EXISTING  RIGHT  OR  REMEDY  OF  THE STATE, INCLUDING THE NEW YORK STATE
FOUNDATION FOR  SCIENCE,  TECHNOLOGY  AND  INNOVATION,  SHALL  BE  LOST,
IMPAIRED OR AFFECTED BY REASON OF THIS SECTION.
  9.  PENDING  ACTIONS  AND PROCEEDINGS OF OR PERTAINING TO THE NEW YORK
STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION. UPON THE TRANS-
FER PURSUANT TO SUBDIVISION TWO OF THIS SECTION  OF  THE  FUNCTIONS  AND
POWERS  POSSESSED  BY  AND  ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW
YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION  AS  ESTAB-
LISHED  PURSUANT  TO  SUCH  PROVISIONS  OF  THE EXECUTIVE LAW AND PUBLIC
AUTHORITIES LAW TRANSFER TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION
TWO OF THIS SECTION, NO ACTION OR PROCEEDING PENDING  ON  THE  EFFECTIVE
DATE  OF  THIS SECTION, BROUGHT BY OR AGAINST THE NEW YORK STATE FOUNDA-
TION FOR SCIENCE, TECHNOLOGY AND INNOVATION OR EXECUTIVE DIRECTOR THERE-
OF SHALL BE AFFECTED BY ANY PROVISION OF THIS SECTION, BUT THE SAME  MAY
BE  PROSECUTED  OR  DEFENDED IN THE NAME OF THE CORPORATION. IN ALL SUCH
ACTIONS AND PROCEEDINGS, THE CORPORATION, UPON APPLICATION TO THE COURT,
SHALL BE SUBSTITUTED AS A PARTY.
  10. CONTINUATION OF RULES AND REGULATIONS OF OR PERTAINING TO THE  NEW
YORK  STATE  FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION. UPON THE
TRANSFER PURSUANT TO SUBDIVISION TWO OF THIS SECTION  OF  THE  FUNCTIONS
AND  POWERS  POSSESSED  BY AND ALL THE OBLIGATIONS AND DUTIES OF THE NEW
YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION  AS  ESTAB-
LISHED  PURSUANT  TO SUCH PROVISIONS OF THE EXECUTIVE LAW AND THE PUBLIC
AUTHORITIES LAW TRANSFER TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION
TWO OF THIS SECTION, ALL RULES, REGULATIONS,  ACTS,  DETERMINATIONS  AND
DECISIONS  OF  THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND
INNOVATION, PERTAINING TO THE FUNCTIONS TRANSFERRED AND ASSIGNED BY THIS
SECTION TO THE CORPORATION IN  FORCE  AT  THE  TIME  OF  SUCH  TRANSFER,
ASSIGNMENT, ASSUMPTION AND DEVOLUTION SHALL CONTINUE IN FORCE AND EFFECT
AS  RULES, REGULATIONS, ACTS, DETERMINATIONS AND DECISIONS OF THE CORPO-
RATION UNTIL DULY MODIFIED OR REPEALED.

A. 4012--B                         200

  11. TRANSFER OF APPROPRIATIONS HERETOFORE MADE TO THE NEW  YORK  STATE
FOUNDATION  FOR  SCIENCE,  TECHNOLOGY  AND INNOVATION. UPON THE TRANSFER
PURSUANT TO SUBDIVISION TWO OF THIS SECTION OF THE FUNCTIONS AND  POWERS
POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW YORK STATE
FOUNDATION  FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTABLISHED PURSU-
ANT TO SUCH PROVISIONS OF THE EXECUTIVE LAW AND THE  PUBLIC  AUTHORITIES
LAW TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION TWO OF THIS SECTION,
ALL  APPROPRIATIONS  AND  REAPPROPRIATIONS  WHICH  SHALL  HAVE BEEN MADE
AVAILABLE AS OF THE DATE OF SUCH TRANSFER TO THE NEW YORK STATE  FOUNDA-
TION  FOR  SCIENCE,  TECHNOLOGY AND INNOVATION OR SEGREGATED PURSUANT TO
LAW, TO THE EXTENT OF  REMAINING  UNEXPENDED  OR  UNENCUMBERED  BALANCES
THEREOF, WHETHER ALLOCATED OR UNALLOCATED AND WHETHER OBLIGATED OR UNOB-
LIGATED, SHALL BE TRANSFERRED TO AND MADE AVAILABLE FOR USE AND EXPENDI-
TURE  BY  THE  CORPORATION AND SHALL BE PAYABLE ON VOUCHERS CERTIFIED OR
APPROVED BY THE COMMISSIONER OF  TAXATION  AND  FINANCE,  ON  AUDIT  AND
WARRANT  OF  THE  COMPTROLLER.   PAYMENTS OF LIABILITIES FOR EXPENSES OF
PERSONAL SERVICES, MAINTENANCE  AND  OPERATION  WHICH  SHALL  HAVE  BEEN
INCURRED  AS  OF THE DATE OF SUCH TRANSFER BY THE NEW YORK STATE FOUNDA-
TION  FOR  SCIENCE,  TECHNOLOGY  AND  INNOVATION,  AND  FOR  LIABILITIES
INCURRED AND TO BE INCURRED IN COMPLETING ITS AFFAIRS SHALL ALSO BE MADE
ON  VOUCHERS  CERTIFIED OR APPROVED BY THE PRESIDENT OF THE CORPORATION,
ON AUDIT AND WARRANT OF THE COMPTROLLER.
  12. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR PART  OF  THIS
SECTION  SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE
INVALID, SUCH JUDGMENT  SHALL  NOT  AFFECT,  IMPAIR  OR  INVALIDATE  THE
REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
SENTENCE, PARAGRAPH OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY
IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
  S  2.  Sections  3151  and  3152  of  the  public  authorities law are
REPEALED.
  S 3.  This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through D of this act shall be
as specifically set forth in the last section of such Parts.