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.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16168-05-0