assembly Bill A10386A

2019-2020 Legislative Session

Relates to establishing emergency release protocols during a time of crisis

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 24, 2020 print number 10386a
May 24, 2020 amend and recommit to correction
May 04, 2020 referred to correction

Co-Sponsors

A10386 - Details

See Senate Version of this Bill:
S8244
Law Section:
Correction Law
Laws Affected:
Add §807, Cor L
Versions Introduced in 2021-2022 Legislative Session:
S2782

A10386 - Summary

Relates to establishing emergency release protocols during a time of crisis including during a state disaster emergency which places the lives, health or well-being of people in custody at risk.

A10386 - Bill Text download pdf


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

                                  10386

                          I N  A S S E M B L Y

                               May 4, 2020
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law, in relation to establishing emergen-
  cy release protocols during a time of crisis

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

  Section 1. The correction law is amended by adding a new  section  807
to read as follows:
  § 807. EMERGENCY RELEASE DURING A TIME OF CRISIS. 1. DURING AN EPIDEM-
IC, A NATURAL DISASTER, A CLIMATE DISASTER, A WAR OR OTHER SIMILAR EMER-
GENCY  WHICH PLACES THE LIVES, HEALTH OR WELL-BEING OF PEOPLE IN CUSTODY
AT RISK, THE COMMISSIONER SHALL HAVE THE AUTHORITY TO RELEASE TO  COMMU-
NITY SUPERVISION ANY PERSON IN CUSTODY WHO:
  (A) IS WITHIN TWO YEARS OF HIS OR HER EARLIEST RELEASE DATE;
  (B) HAS A STABLE LIVING SITUATION UPON RELEASE;
  (C) DOES NOT POSE AN UNREASONABLE PUBLIC SAFETY RISK; AND
  (D)  APPEARS  TO  BE REHABILITATED, OR IS ELDERLY, FRAIL OR IMMUNOCOM-
PROMISED, OR HAS A DISABILITY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
  2. ANY PREGNANT WOMAN OR WOMAN PARTICIPATING IN THE NURSERY PROGRAM AT
A CORRECTIONAL FACILITY  SHALL  BE  RELEASED  TO  COMMUNITY  SUPERVISION
DURING  SUCH  EMERGENCY UNLESS SHE PRESENTS AN EXCEPTIONAL PUBLIC SAFETY
RISK.
  3. ANY PERSON OVER THE AGE OF FIFTY-FIVE WHO HAS  COMPLETED  AT  LEAST
ONE HALF OF HIS OR HER MINIMUM SENTENCE MAY BE RELEASED IN SUCH AN EMER-
GENCY.
  4.  SUCH  EMERGENCY  RELEASE  SHALL  NOT BE REVOKED WHEN THE EMERGENCY
CONCLUDES AS LONG AS ANY PERSON SO RELEASED COMPLIES WITH THE TERMS  AND
CONDITIONS OF COMMUNITY SUPERVISION.
  § 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16168-01-0

Co-Sponsors

view additional co-sponsors

A10386A (ACTIVE) - Details

See Senate Version of this Bill:
S8244
Law Section:
Correction Law
Laws Affected:
Add §807, Cor L
Versions Introduced in 2021-2022 Legislative Session:
S2782

A10386A (ACTIVE) - Summary

Relates to establishing emergency release protocols during a time of crisis including during a state disaster emergency which places the lives, health or well-being of people in custody at risk.

A10386A (ACTIVE) - Bill Text download pdf


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

                                10386--A

                          I N  A S S E M B L Y

                               May 4, 2020
                               ___________

Introduced  by  M.  of  A.  WEPRIN, HYNDMAN, EPSTEIN, SEAWRIGHT, LIFTON,
  GLICK -- read once and referred to  the  Committee  on  Correction  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the correction law, in relation to establishing emergen-
  cy release protocols during a time of crisis

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

  Section  1.  The correction law is amended by adding a new section 807
to read as follows:
  § 807. EMERGENCY RELEASE DURING A TIME OF CRISIS. 1.  DURING  A  STATE
DISASTER  EMERGENCY,  AS  DEFINED IN ARTICLE TWO-B OF THE EXECUTIVE LAW,
WHICH PLACES THE LIVES, HEALTH OR WELL-BEING OF  PEOPLE  IN  CUSTODY  AT
RISK,  THE COMMISSIONER SHALL HAVE THE AUTHORITY TO RELEASE TO COMMUNITY
SUPERVISION ANY PERSON IN CUSTODY WHO:
  (A) IS WITHIN TWO YEARS OF THEIR EARLIEST RELEASE DATE, HAS A  REASON-
ABLY STABLE LIVING SITUATION UPON RELEASE, DOES NOT POSE AN UNREASONABLE
PUBLIC SAFETY RISK AND APPEARS TO BE REHABILITATED, IS IMMUNOCOMPROMISED
OR  HAS  A DISABILITY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TWENTY-
ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW;
  (B) IS A PREGNANT WOMAN  OR  A  WOMAN  PARTICIPATING  IN  THE  NURSERY
PROGRAM  AT  A  CORRECTIONAL  FACILITY WHO DOES NOT POSE AN UNREASONABLE
PUBLIC SAFETY RISK AND HAS A REASONABLY  STABLE  LIVING  SITUATION  UPON
RELEASE; OR
  (C) IS A PERSON OVER THE AGE OF FIFTY-FIVE THAT HAS COMPLETED AT LEAST
ONE  HALF OF THEIR TERM OR MINIMUM TERM OF SENTENCE WHO HAS A REASONABLY
STABLE LIVING SITUATION UPON RELEASE AND DOES NOT POSE  AN  UNREASONABLE
PUBLIC SAFETY RISK.
  2.  ANY  INDIVIDUAL RELEASED UNDER THESE EMERGENCY CIRCUMSTANCES SHALL
REMAIN UNDER COMMUNITY SUPERVISION, UNLESS SUCH SUPERVISION  IS  REVOKED
PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED FIFTY-NINE-I OF THE
EXECUTIVE  LAW,  FOR  THE REMAINDER OF THEIR SENTENCE OR UNTIL SUCH TIME
THAT THE COMMISSIONER DECIDES IT IS APPROPRIATE TO TERMINATE SUCH SUPER-
VISION PURSUANT TO THE LIMITATIONS SET FORTH IN SECTION TWO HUNDRED FIVE
OF THIS CHAPTER.
  § 2. This act shall take effect immediately.