S T A T E O F N E W Y O R K
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10386--A
I N A S S E M B L Y
May 4, 2020
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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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16168-05-0