senate Bill S8244A

2019-2020 Legislative Session

Relates to establishing emergency release protocols during a time of crisis

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 24, 2020 committee discharged and committed to codes
print number 8244a
May 24, 2020 amend and recommit to crime victims, crime and correction
Apr 27, 2020 referred to crime victims, crime and correction

S8244 - Details

See Assembly Version of this Bill:
A10386
Current Committee:
Senate Codes
Law Section:
Correction Law
Laws Affected:
Add §807, Cor L

S8244 - 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.

S8244 - Sponsor Memo

S8244 - Bill Text download pdf


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

                                  8244

                            I N  S E N A T E

                             April 27, 2020
                               ___________

Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
  printed  to  be committed to the Committee on Crime Victims, Crime and
  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

S8244A (ACTIVE) - Details

See Assembly Version of this Bill:
A10386
Current Committee:
Senate Codes
Law Section:
Correction Law
Laws Affected:
Add §807, Cor L

S8244A (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.

S8244A (ACTIVE) - Sponsor Memo

S8244A (ACTIVE) - Bill Text download pdf


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

                                 8244--A

                            I N  S E N A T E

                             April 27, 2020
                               ___________

Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
  printed  to  be committed to the Committee on Crime Victims, Crime and
  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.

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