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Assembly Bill A11082

2019-2020 Legislative Session

Relates to public health emergency allowances against sentences for certain incarcerated individuals

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Archive: Last Bill Status - In Assembly Committee

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2019-A11082 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add §803-c, Cor L
Versions Introduced in 2021-2022 Legislative Session:
A5861

2019-A11082 (ACTIVE) - Summary

Relates to public health emergency allowances against sentences for certain incarcerated individuals; allows up to twelve months of public health emergency allowances to be given to incarcerated individuals during a public health crisis.

2019-A11082 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11082
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weprin) --
   read once and referred to the Committee on Correction
 
 AN ACT to amend the correction law, in relation to public  health  emer-
   gency  allowances  against sentences for certain incarcerated individ-
   uals
 
   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 803-c
 to read as follows:
   §  803-C. PUBLIC HEALTH EMERGENCY ALLOWANCES AGAINST INDETERMINATE AND
 DETERMINATE SENTENCES. 1. 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,  SHALL
 RECEIVE  A  PUBLIC  HEALTH  EMERGENCY TIME ALLOWANCE AGAINST THE TERM OR
 MAXIMUM TERM OF HIS OR HER SENTENCE IMPOSED BY THE  COURT.  SUCH  ALLOW-
 ANCES  SHALL BE GRANTED FOR TIME SERVED DURING A PUBLIC HEALTH EMERGENCY
 IN ACCORDANCE WITH THIS SECTION IF:
   (A) THE GOVERNOR DECLARES A STATE OF DISASTER  EMERGENCY  PURSUANT  TO
 SECTION  TWENTY-EIGHT  OF  THE  EXECUTIVE LAW IN RESPONSE TO SUCH PUBLIC
 HEALTH EMERGENCY;
   (B) THE PUBLIC HEALTH EMERGENCY ARISES AS A RESULT OF  A  COMMUNICABLE
 OR INFECTIOUS DISEASE; AND
   (C) THE PUBLIC HEALTH EMERGENCY RESULTS IN THE MODIFICATION OF CORREC-
 TIONAL FACILITY OPERATIONS.
   2.  EXCEPT  AS  PROVIDED  BY SUBDIVISION THREE OF THIS SECTION, PUBLIC
 HEALTH EMERGENCY ALLOWANCES AWARDED PURSUANT TO SUBDIVISION ONE OF  THIS
 SECTION  SHALL PROVIDE FURTHER REMISSION FROM BOTH THE MAXIMUM AND MINI-
 MUM TERM OF AN INCARCERATED INDIVIDUAL'S SENTENCE AT  THE  RATE  OF  SIX
 MONTHS  FOR  EACH  MONTH,  OR  PORTION THEREOF, SERVED DURING A STATE OF
 DISASTER EMERGENCY DECLARED BY THE GOVERNOR PURSUANT TO SECTION  TWENTY-
 EIGHT OF THE EXECUTIVE LAW IN RESPONSE TO THE PUBLIC HEALTH EMERGENCY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17130-01-0

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