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Assembly Bill A10623

2019-2020 Legislative Session

Relates to prohibiting the transfer of incarcerated individuals during a public health emergency unless the incarcerated individual requests such transfer

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Archive: Last Bill Status - In Assembly Committee

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2019-A10623 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add §626, Cor L

2019-A10623 (ACTIVE) - Summary

Prohibits the transfer of incarcerated individuals during a public health emergency except where a correctional facility has an outbreak of a disease unless the incarcerated individual requests such transfer.

2019-A10623 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10623
 
                           I N  A S S E M B L Y
 
                               June 10, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Sayegh) --
   read once and referred to the Committee on Correction
 
 AN ACT to amend the correction  law,  in  relation  to  prohibiting  the
   transfer  of incarcerated individuals during a public health emergency
   unless the incarcerated individual requests such transfer

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The correction law is amended by adding a new section 626
 to read as follows:
   § 626. CARE OF INCARCERATED INDIVIDUALS DURING A PUBLIC  HEALTH  EMER-
 GENCY.  (A) NO INCARCERATED INDIVIDUAL SHALL BE TRANSFERRED FROM A STATE
 CORRECTIONAL FACILITY OR A LOCAL CORRECTIONAL FACILITY  TO  A  DIFFERENT
 STATE  CORRECTIONAL  FACILITY  OR  LOCAL  CORRECTIONAL FACILITY DURING A
 DECLARED PUBLIC HEALTH EMERGENCY; PROVIDED, HOWEVER, THAT IF THERE IS AN
 OUTBREAK OF A DISEASE IN  A  STATE  CORRECTIONAL  FACILITY  OR  A  LOCAL
 CORRECTIONAL  FACILITY, INCARCERATED INDIVIDUALS MAY BE TRANSFERRED FROM
 SUCH FACILITY; PROVIDED FURTHER, HOWEVER, THAT THIS  SECTION  SHALL  NOT
 APPLY TO TRANSFERS REQUESTED BY INCARCERATED INDIVIDUALS.
   (B) DURING A DECLARED PUBLIC HEALTH EMERGENCY, EACH INCARCERATED INDI-
 VIDUAL  SHALL  BE  CONTINUALLY  TESTED  FOR  ANY DISEASE RELATED TO SUCH
 PUBLIC HEALTH EMERGENCY AS SOON AS IS PRACTICABLE FOLLOWING THE DEVELOP-
 MENT OF A TEST FOR SUCH DISEASE. THE RESULTS FROM THE TESTS OF INCARCER-
 ATED INDIVIDUALS SHALL BE REPORTED TO THE  COMMISSIONER,  THE  GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16614-03-0

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