The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2395
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the civil service law, the election law,  the  executive
   law,  the public officers law, the state finance law, the tax law, the
   workers' compensation law, the labor law, the transportation law,  the
   vehicle  and  traffic  law,  the  environmental  conservation law, the
   public buildings law, the public health  law,  the  general  municipal
   law,  the  county  law, the education law, the mental hygiene law, the
   retirement and social security  law,  the  social  services  law,  the
   general  business law, the penal law, the correction law, the criminal
   procedure law, the surrogate's court procedure act, the New York  city
   criminal  court  act,  the court of claims act, the civil practice law
   and rules, the civil rights law, chapter 784  of  the  laws  of  1951,
   constituting the New York state defense emergency act, the administra-
   tive  code  of the city of New York, and the New York city charter, in
   relation to replacing all instances of the  words  inmate  or  inmates
   with the words incarcerated individual or incarcerated individuals

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 136 of the civil service  law,  as
 amended  by  section 62 of subpart B of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   1. The term "teacher", for purposes of this section, means any employ-
 ee of a state facility or institution in  the  office  of  children  and
 family  services  in  the executive department and in the departments of
 corrections and community supervision, health, mental hygiene and social
 services holding a position the principal duty of which is the  teaching
 or instruction of patients or [inmates] INCARCERATED INDIVIDUALS, or the
 direct  supervision of such teaching or instruction, including an insti-
 tution education director, as determined  by  the  department  of  civil
 service subject to approval of the director of the budget.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00901-01-1

 A. 2395                             2
 
   §  2. Subdivision 1 of section 3-107 of the election law is amended to
 read as follows:
   1. Visit and inspect any house, dwelling, building, inn, lodginghouse,
 boarding-house,  rooming-house,  or  hotel  and interrogate any [inmate]
 INCARCERATED  INDIVIDUAL,  house-dweller,  keeper,   caretaker,   owner,
 proprietor  or  landlord thereof or therein, as to any person or persons
 residing or claiming to reside therein or thereat.
   § 3. Subdivision 13 of section 5-210 of the election law,  as  amended
 by chapter 179 of the laws of 2005, is amended to read as follows:
   13.  An  affidavit or a signed statement by any officer or employee of
 the state or county board of elections or any police officer, sheriff or
 deputy sheriff, that such person visited the  premises  claimed  by  the
 applicant as his or her residence and interrogated an [inmate] INCARCER-
 ATED  INDIVIDUAL, house-dweller, keeper, caretaker, owner, proprietor or
 landlord thereof or therein as to such applicant's residence therein  or
 thereat,  and  that  he or she was informed by one or more such persons,
 naming them, that they knew the persons residing upon such premises  and
 that the applicant did not reside upon such premises as set forth in his
 or her application, shall be sufficient authority for a determination by
 the  board that the applicant is not entitled to registration or enroll-
 ment; but this provision shall not preclude the board from  making  such
 other  determination,  as  the  result  of other inquiry, as it may deem
 appropriate.
   § 4. Paragraph (c) of subdivision 1 and subparagraph  (iii)  of  para-
 graph  (c)  of  subdivision  4 of section 15-120 of the election law, as
 added by chapter 289 of the  laws  of  2014,  are  amended  to  read  as
 follows:
   (c)  an  [inmate]  INCARCERATED  INDIVIDUAL  or patient of a veteran's
 administration hospital; or
   (iii) an [inmate] INCARCERATED INDIVIDUAL or patient  of  a  veteran's
 administration hospital; or
   § 5. Subdivision 5 of section 16-108 of the election law is amended to
 read as follows:
   5.  An affidavit by any officer or employee of the board of elections,
 or by any police officer, sheriff or deputy sheriff, or by  any  special
 investigator  appointed  by the state board of elections, that he OR SHE
 visited the premises claimed by the applicant as his  OR  HER  residence
 and that he interrogated an [inmate] INCARCERATED INDIVIDUAL, housedwel-
 ler, keeper, caretaker, owner, proprietor or landlord thereof or therein
 as  to  the applicant's residence therein or thereat, and that he OR SHE
 was informed by one or more of such persons, naming them, that they knew
 the persons residing upon such premises and that the applicant  did  not
 reside  upon  such  premises  thirty  days before the election, shall be
 presumptive evidence against the right of the  voter  to  register  from
 such premises.
   §  6.  Subdivision  6  of section 24 of the executive law, as added by
 chapter 640 of the laws of 1978, is amended to read as follows:
   6. Whenever a local state of emergency is declared by the chief execu-
 tive of a local government pursuant to this section, the chief executive
 of the county in which such local state of  emergency  is  declared,  or
 where  a  county  is  wholly  contained within a city, the mayor of such
 city, may request the governor to remove all or any number of  sentenced
 [inmates]  INCARCERATED INDIVIDUALS from institutions maintained by such
 county in accordance with section ninety-three of the correction law.
   § 7. Subdivision 4 of section 221-a of the executive law,  as  amended
 by chapter 368 of the laws of 2013, is amended to read as follows:

 A. 2395                             3
 
   4. Courts and law enforcement officials, including probation officers,
 and  employees  of  local  correctional facilities and the department of
 corrections and community supervision who are responsible  for  monitor-
 ing, supervising or classification of [inmates] INCARCERATED INDIVIDUALS
 or  parolees  shall  have  the ability to disclose and share information
 with respect to such orders and warrants consistent with the purposes of
 this section, subject to applicable provisions of the family court  act,
 domestic  relations law and criminal procedure law concerning the confi-
 dentiality, sealing and expungement of records.
   § 8. Subdivisions 1, 3, 4, 5, 8, 12 and 16 of  section  259-c  of  the
 executive  law,  as  amended  by  section 38-b of subpart A of part C of
 chapter 62 of the laws of 2011, are amended to read as follows:
   1. have the power and duty of determining which [inmates] INCARCERATED
 INDIVIDUALS serving an indeterminate or determinate sentence  of  impri-
 sonment  may  be  released  on  parole, or on medical parole pursuant to
 section two hundred fifty-nine-r or section two hundred fifty-nine-s  of
 this article, and when and under what conditions;
   3.  determine, as each [inmate] INCARCERATED INDIVIDUAL is received by
 the department, the need for further investigation of the background  of
 such  [inmate]  INCARCERATED  INDIVIDUAL.  Upon  such determination, the
 department shall cause such investigation as may be necessary to be made
 as soon as practicable, the results of such investigation together  with
 all other information compiled by the department and the complete crimi-
 nal  record  and family court record of such [inmate] INCARCERATED INDI-
 VIDUAL to be filed so as to be readily available when the parole of such
 [inmate] INCARCERATED INDIVIDUAL is being considered;
   4. establish written procedures for its use in making parole decisions
 as required by law. Such written procedures shall incorporate  risk  and
 needs  principles  to  measure  the  rehabilitation of persons appearing
 before the board,  the  likelihood  of  success  of  such  persons  upon
 release,  and assist members of the state board of parole in determining
 which [inmates] INCARCERATED  INDIVIDUALS  may  be  released  to  parole
 supervision;
   5.  through  its members, officers and employees, study or cause to be
 studied the [inmates] INCARCERATED INDIVIDUALS confined in  institutions
 over which the board has jurisdiction, so as to determine their ultimate
 fitness to be paroled;
   8.  have  the power and perform the duty, when requested by the gover-
 nor, of reporting to the governor  the  facts,  circumstances,  criminal
 records  and  social,  physical,  mental  and psychiatric conditions and
 histories of [inmates] INCARCERATED INDIVIDUALS under  consideration  by
 the governor for pardon or commutation of sentence and of applicants for
 restoration of the rights of citizenship;
   12.  to facilitate the supervision of all [inmates] INCARCERATED INDI-
 VIDUALS released on community supervision  the  chairman  of  the  state
 board of parole shall consider the implementation of a program of gradu-
 ated  sanctions,  including but not limited to the utilization of a risk
 and needs assessment  instrument  that  would  be  administered  to  all
 [inmates] INCARCERATED INDIVIDUALS eligible for parole supervision. Such
 a program would include various components including the use of alterna-
 tives to incarceration for technical parole violations;
   16. determine which [inmates] INCARCERATED INDIVIDUALS serving a defi-
 nite  sentence  of  imprisonment  may  be conditionally released from an
 institution in which he or she is confined in accordance  with  subdivi-
 sion two of section 70.40 of the penal law.

 A. 2395                             4
 
   § 8-a. Subdivision 1 of section 259-c of the executive law, as amended
 by chapter 55 of the laws of 1992, is amended to read as follows:
   1. have the power and duty of determining which [inmates] INCARCERATED
 INDIVIDUALS  serving  an  indeterminate  sentence of imprisonment may be
 released on parole, or on medical parole pursuant to section two hundred
 fifty-nine-r of this article, and when and under what conditions;
   § 8-b. Subdivision 2 of section 259-c of the executive law,  as  added
 by  chapter 904 of the laws of 1977 and amended by chapter 1 of the laws
 of 1998, is amended to read as follows:
   2. have the power and duty of determining the conditions of release of
 the person who may be conditionally released or subject to a  period  of
 post-release  supervision under an indeterminate or reformatory sentence
 of imprisonment and of determining which [inmates] INCARCERATED INDIVID-
 UALS serving a definite sentence of imprisonment  may  be  conditionally
 released and when and under what conditions;
   §  9. Section 259-e of the executive law, as amended by chapter 473 of
 the laws of 2016, is amended to read as follows:
   § 259-e. Institutional parole services. The department  shall  provide
 institutional  parole  services. Such services shall include preparation
 of reports and other data required by the state board of parole  in  the
 exercise  of  its  functions  with  respect  to  release  on presumptive
 release, parole, conditional  release  or  post-release  supervision  of
 [inmates]  INCARCERATED INDIVIDUALS.  Additionally, the department shall
 determine which [inmates] INCARCERATED INDIVIDUALS are in need of a deaf
 language interpreter or  an  English  language  interpreter,  and  shall
 inform  the  board of such need within a reasonable period of time prior
 to an [inmate's] INCARCERATED INDIVIDUAL'S scheduled  appearance  before
 the  board.  Employees  of  the  department  who collect data, interview
 [inmates] INCARCERATED INDIVIDUALS and prepare  reports  for  the  state
 board of parole in institutions under the jurisdiction of the department
 shall  work  under  the direct supervision of the deputy commissioner of
 the department in charge of program services. Data and reports submitted
 to the board shall address the statutory factors to be considered by the
 board pursuant to the relevant provisions of section two hundred  fifty-
 nine-i of this article.
   § 10. The section heading and subdivisions 4 and 5 of section 259-h of
 the  executive  law,  as  added  by chapter 904 of the laws of 1977, are
 amended to read as follows:
   Parole eligibility  for  certain  [inmates]  INCARCERATED  INDIVIDUALS
 sentenced  for  crimes  committed  prior  to  September  first, nineteen
 hundred sixty-seven.
   4. In calculating time required to be served prior to eligibility  for
 parole  under  the  minimum  periods of imprisonment established by this
 section the following rules shall apply:
   (a) Service of such time shall be deemed to have commenced on the  day
 the  [inmate]  INCARCERATED  INDIVIDUAL  was  received in an institution
 under the jurisdiction of the department pursuant to the sentence;
   (b) Where an [inmate] INCARCERATED INDIVIDUAL is under more  than  one
 sentence,  (i)  if the sentences run concurrently, the time served under
 imprisonment on any of the sentences shall be credited against the mini-
 mum periods of all the concurrent sentences, and (ii) if  the  sentences
 run  consecutively,  the  minimum periods of imprisonment shall merge in
 and be satisfied by service of the period that has the longest unexpired
 time to run;
   (c) No credit shall be allowed for "good  conduct  and  efficient  and
 willing  performance of duties," under former section two hundred thirty

 A. 2395                             5
 
 of the correction law, repealed by chapter four hundred  seventy-six  of
 the  laws  of  nineteen  hundred  seventy  and continued in effect as to
 certain [inmates] INCARCERATED INDIVIDUALS, or under any other provision
 of law;
   (d)  Calculations  with  respect  to  "jail  time"  "time served under
 vacated sentence" and interruption for "escape" shall be  in  accordance
 with the provisions of subdivisions three, five and six of section 70.30
 of the penal law as enacted by chapter ten hundred thirty of the laws of
 nineteen hundred sixty-five, as amended.
   5.  The provisions of this section shall not be construed as diminish-
 ing the discretionary authority of the  board  of  parole  to  determine
 whether or not an [inmate] INCARCERATED INDIVIDUAL is to be paroled.
   § 11. Paragraphs (a), (c), (d) and (e) of subdivision 2, paragraph (d)
 of  subdivision  3,  paragraph (b) of subdivision 4 and paragraph (a) of
 subdivision 6 of section 259-i of the executive law, paragraphs (a)  and
 (d) of subdivision 2 as amended by section 38-f-1 of subpart A of part C
 of  chapter  62  of  the laws of 2011, paragraph (c) of subdivision 2 as
 separately amended by chapters 40 and 126 of the laws of 1999,  subpara-
 graph (A) of paragraph (c) of subdivision 2 as amended by chapter 130 of
 the  laws  of 2016, paragraph (e) of subdivision 2 as amended by chapter
 120 of the laws of 2017, paragraph (d) of subdivision 3  as  amended  by
 section 11 of part E of chapter 62 of the laws of 2003, paragraph (b) of
 subdivision  4 as added by chapter 904 of the laws of 1977 and paragraph
 (a) of subdivision 6 as amended by chapter 363 of the laws of 2012,  are
 amended to read as follows:
   (a)  (i) Except as provided in subparagraph (ii) of this paragraph, at
 least one month prior to the date  on  which  an  [inmate]  INCARCERATED
 INDIVIDUAL  may  be paroled pursuant to subdivision one of section 70.40
 of the penal law, a member or members as determined by the rules of  the
 board  shall  personally interview such [inmate] INCARCERATED INDIVIDUAL
 and determine whether he OR SHE should be paroled in accordance with the
 guidelines adopted pursuant to subdivision four of section  two  hundred
 fifty-nine-c of this article. If parole is not granted upon such review,
 the [inmate] INCARCERATED INDIVIDUAL shall be informed in writing within
 two  weeks of such appearance of the factors and reasons for such denial
 of parole. Such reasons shall be given in detail and not  in  conclusory
 terms.  The  board shall specify a date not more than twenty-four months
 from such determination for reconsideration, and the  procedures  to  be
 followed  upon reconsideration shall be the same. If the [inmate] INCAR-
 CERATED INDIVIDUAL is released, he OR SHE shall be given a copy  of  the
 conditions of parole. Such conditions shall where appropriate, include a
 requirement that the parolee comply with any restitution order, mandato-
 ry  surcharge, sex offender registration fee and DNA databank fee previ-
 ously imposed by a court of competent jurisdiction that applies  to  the
 parolee.  The  conditions  shall  indicate  which restitution collection
 agency established under subdivision eight  of  section  420.10  of  the
 criminal  procedure law, shall be responsible for collection of restitu-
 tion, mandatory surcharge, sex offender registration fees and DNA  data-
 bank  fees as provided for in section 60.35 of the penal law and section
 eighteen hundred nine of the vehicle and traffic law.
   (ii)  Any  [inmate]  INCARCERATED  INDIVIDUAL  who  is  scheduled  for
 presumptive  release  pursuant  to  section  eight  hundred  six  of the
 correction law shall not appear before the board as provided in subpara-
 graph (i) of this paragraph unless such [inmate's] INCARCERATED INDIVID-
 UAL'S scheduled presumptive release is forfeited, canceled, or rescinded
 subsequently as provided in such law. In such event, the [inmate] INCAR-

 A. 2395                             6
 
 CERATED INDIVIDUAL shall appear before the board for  release  consider-
 ation  as  provided in subparagraph (i) of this paragraph as soon there-
 after as is practicable.
   (c) (A) Discretionary release on parole shall not be granted merely as
 a  reward  for  good  conduct  or  efficient performance of duties while
 confined but after considering if  there  is  a  reasonable  probability
 that,  if  such  [inmate] INCARCERATED INDIVIDUAL is released, he OR SHE
 will live and remain at liberty without violating the law, and that  his
 OR  HER release is not incompatible with the welfare of society and will
 not so deprecate the seriousness of his OR HER  crime  as  to  undermine
 respect  for  law. In making the parole release decision, the procedures
 adopted pursuant to subdivision four of section two hundred fifty-nine-c
 of this article shall require that the following be considered: (i)  the
 institutional   record  including  program  goals  and  accomplishments,
 academic achievements, vocational education, training  or  work  assign-
 ments,  therapy  and  interactions with staff and [inmates] INCARCERATED
 INDIVIDUALS; (ii) performance, if any, as a participant in  a  temporary
 release  program;  (iii)  release  plans  including community resources,
 employment, education and training and support services available to the
 [inmate] INCARCERATED INDIVIDUAL; (iv) any deportation order  issued  by
 the  federal  government  against  the  [inmate] INCARCERATED INDIVIDUAL
 while in the custody of the department and any recommendation  regarding
 deportation  made  by  the  commissioner  of  the department pursuant to
 section one hundred forty-seven of the correction law; (v)  any  current
 or prior statement made to the board by the crime victim or the victim's
 representative,  where  the  crime  victim is deceased or is mentally or
 physically incapacitated; (vi) the length of the determinate sentence to
 which the [inmate] INCARCERATED INDIVIDUAL would be subject  had  he  or
 she  received  a  sentence pursuant to section 70.70 or section 70.71 of
 the penal law for a felony defined in  article  two  hundred  twenty  or
 article  two  hundred twenty-one of the penal law; (vii) the seriousness
 of the offense with due consideration to the type of sentence, length of
 sentence and recommendations  of  the  sentencing  court,  the  district
 attorney,  the  attorney  for  the [inmate] INCARCERATED INDIVIDUAL, the
 pre-sentence probation report as well as consideration of any mitigating
 and aggravating  factors,  and  activities  following  arrest  prior  to
 confinement;  and (viii) prior criminal record, including the nature and
 pattern of offenses, adjustment to  any  previous  probation  or  parole
 supervision  and institutional confinement. The board shall provide toll
 free telephone access for crime victims. In the case of an  oral  state-
 ment  made  in  accordance with subdivision one of section 440.50 of the
 criminal procedure law, the parole board member shall present a  written
 report  of the statement to the parole board. A crime victim's represen-
 tative shall mean the crime victim's  closest  surviving  relative,  the
 committee or guardian of such person, or the legal representative of any
 such  person.  Such statement submitted by the victim or victim's repre-
 sentative may include information concerning threatening or intimidating
 conduct toward the victim, the victim's representative, or the  victim's
 family, made by the person sentenced and occurring after the sentencing.
 Such  information may include, but need not be limited to, the threaten-
 ing or intimidating conduct of any other person who or which is directed
 by the person sentenced. Any statement  by  a  victim  or  the  victim's
 representative  made  to the board shall be maintained by the department
 in the file provided to the board when interviewing the [inmate]  INCAR-
 CERATED  INDIVIDUAL  in  consideration  of release. A victim or victim's
 representative who has submitted a written request to the department for

 A. 2395                             7
 
 the transcript of such interview shall be provided  such  transcript  as
 soon as it becomes available.
   (B)  Where  a  crime  victim  or victim's representative as defined in
 subparagraph (A) of this paragraph,  or  other  person  submits  to  the
 parole  board  a written statement concerning the release of an [inmate]
 INCARCERATED INDIVIDUAL, the parole board shall keep  that  individual's
 name and address confidential.
   (d)  (i) Notwithstanding the provisions of paragraphs (a), (b) and (c)
 of this subdivision, after  the  [inmate]  INCARCERATED  INDIVIDUAL  has
 served  his  OR HER minimum period of imprisonment imposed by the court,
 or at any time after the [inmate's] INCARCERATED INDIVIDUAL'S period  of
 imprisonment has commenced for an [inmate] INCARCERATED INDIVIDUAL serv-
 ing  a  determinate or indeterminate term of imprisonment, provided that
 the [inmate] INCARCERATED INDIVIDUAL has had a final order  of  deporta-
 tion  issued  against  him OR HER and provided further that the [inmate]
 INCARCERATED INDIVIDUAL is not convicted of either an A-I felony offense
 other than an A-I felony offense as defined in article two hundred twen-
 ty of the penal law or a violent felony offense as  defined  in  section
 70.02  of  the  penal  law,  if  the [inmate] INCARCERATED INDIVIDUAL is
 subject to deportation by the United States Bureau  of  Immigration  and
 Customs  Enforcement, in addition to the criteria set forth in paragraph
 (c) of this subdivision, the board may consider, as a factor  warranting
 earlier  release,  the  fact  that such [inmate] INCARCERATED INDIVIDUAL
 will be deported, and may grant parole from an indeterminate sentence or
 release for deportation from a determinate  sentence  to  such  [inmate]
 INCARCERATED  INDIVIDUAL  conditioned  specifically on his OR HER prompt
 deportation. The board may make such conditional grant of  early  parole
 from  an indeterminate sentence or release for deportation from a deter-
 minate sentence only where it has received from the United States Bureau
 of Immigration and Customs Enforcement assurance (A) that  an  order  of
 deportation  will  be  executed  or  that  proceedings  will promptly be
 commenced for the purpose of deportation upon release  of  the  [inmate]
 INCARCERATED  INDIVIDUAL  from  the custody of the department of correc-
 tional services, and (B) that the [inmate] INCARCERATED  INDIVIDUAL,  if
 granted  parole  or  release for deportation pursuant to this paragraph,
 will not be released from the custody of the  United  States  Bureau  of
 Immigration  and Customs Enforcement, unless such release be as a result
 of deportation without providing the board a reasonable  opportunity  to
 arrange for execution of its warrant for the retaking of such person.
   (ii)  An  [inmate] INCARCERATED INDIVIDUAL who has been granted parole
 from an indeterminate sentence or release for deportation from a  deter-
 minate  sentence  pursuant  to  this paragraph shall be delivered to the
 custody of the United States Bureau of Immigration and Customs  Enforce-
 ment  along  with  the  board's  warrant  for  his OR HER retaking to be
 executed in the event of his release from such  custody  other  than  by
 deportation.  In  the  event that such person is not deported, the board
 shall execute the warrant, effect his  return  to  imprisonment  in  the
 custody  of  the  department  and  within  sixty days after such return,
 provided that the person is serving an indeterminate  sentence  and  the
 minimum period of imprisonment has been served, personally interview him
 OR  HER  to  determine whether he OR SHE should be paroled in accordance
 with the provisions of paragraphs (a), (b) and (c) of this  subdivision.
 The  return of a person granted parole from an indeterminate sentence or
 release for deportation from a determinate  sentence  pursuant  to  this
 paragraph  for  the  reason set forth herein shall not be deemed to be a
 parole delinquency and the interruptions specified in subdivision  three

 A. 2395                             8

 of section 70.40 of the penal law shall not apply, but the time spent in
 the  custody  of  the  United  States  Bureau of Immigration and Customs
 Enforcement shall be credited  against  the  term  of  the  sentence  in
 accordance  with  the  rules specified in paragraph (c) of that subdivi-
 sion. Notwithstanding any other provision of law, any [inmate] INCARCER-
 ATED INDIVIDUAL granted parole from an indeterminate sentence or release
 for deportation from a determinate sentence pursuant to  this  paragraph
 who  is  subsequently  committed  to  imprisonment in the custody of the
 department for a felony offense committed after release pursuant to this
 paragraph shall have his parole eligibility date  on  the  indeterminate
 sentence  for  the new felony offense, or his OR HER conditional release
 date on the determinate sentence for the new felony offense, as the case
 may be, extended by the amount of time between the date  on  which  such
 [inmate]  INCARCERATED  INDIVIDUAL was released from imprisonment in the
 custody of the department pursuant to this paragraph  and  the  date  on
 which   such  [inmate]  INCARCERATED  INDIVIDUAL  would  otherwise  have
 completed service of the minimum period of  imprisonment  on  the  prior
 felony offense.
   (e) Notwithstanding the requirements of paragraph (a) of this subdivi-
 sion,  the  determination  to parole an [inmate] INCARCERATED INDIVIDUAL
 who has successfully completed the shock incarceration program  pursuant
 to  section  eight hundred sixty-seven of the correction law may be made
 without a personal interview of the [inmate] INCARCERATED INDIVIDUAL and
 shall be made in accordance with procedures set forth in  the  rules  of
 the board. If parole is not granted, the time period for reconsideration
 shall not exceed the court imposed minimum.
   (d)  If  a finding of probable cause is made pursuant to this subdivi-
 sion either by a determination at a preliminary hearing or by the waiver
 thereof, or if the releasee has been convicted  of  a  new  crime  while
 under  presumptive  release, parole, conditional release or post-release
 supervision, the board's rules shall  provide  for  (i)  declaring  such
 person to be delinquent as soon as practicable and shall require reason-
 able  and  appropriate action to make a final determination with respect
 to the alleged violation or (ii) ordering such person to be restored  to
 presumptive  release, parole, conditional release or post-release super-
 vision under such circumstances as it may deem appropriate or (iii) when
 a presumptive releasee, parolee, conditional releasee or person on post-
 release supervision has been convicted of a new felony  committed  while
 under  such  supervision and a new indeterminate or determinate sentence
 has been imposed, the board's rules shall provide for a  final  declara-
 tion  of delinquency. The [inmate] INCARCERATED INDIVIDUAL shall then be
 notified in writing that his OR HER release  has  been  revoked  on  the
 basis of the new conviction and a copy of the commitment shall accompany
 said notification. The [inmate's] INCARCERATED INDIVIDUAL'S next appear-
 ance  before  the  board  shall be governed by the legal requirements of
 said new indeterminate or determinate sentence, or shall occur  as  soon
 after a final reversal of the conviction as is practicable.
   (b)  Upon an appeal to the board, the [inmate] INCARCERATED INDIVIDUAL
 may be represented by an attorney. Where the [inmate] INCARCERATED INDI-
 VIDUAL is financially unable to provide for his  OR  HER  own  attorney,
 upon request an attorney shall be assigned pursuant to the provisions of
 subparagraph (v) of paragraph (f) of subdivision three of this section.
   (a) (i) The board shall provide for the making of a verbatim record of
 each  parole  release  interview,  except  where  a  decision is made to
 release the [inmate] INCARCERATED INDIVIDUAL to parole supervision,  and
 each  preliminary and final revocation hearing, except when the decision

 A. 2395                             9
 
 of the presiding officer after such hearings result in  a  dismissal  of
 all  charged  violations  of parole, conditional release or post release
 supervision.
   (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
 graph, the board shall provide for the making of a  verbatim  record  of
 each  parole  release  interview  in  all proceedings where the [inmate]
 INCARCERATED INDIVIDUAL is a detained  sex  offender  as  such  term  is
 defined  in  subdivision (g) of section 10.03 of the mental hygiene law.
 Such record shall be provided to the office of mental health for use  by
 the  multidisciplinary  staff  and  the  case  review  panel pursuant to
 section 10.05 of the mental hygiene law.
   § 11-a. Paragraph (a) of subdivision 2 and paragraph (d)  of  subdivi-
 sion  3 of section 259-i of the executive law, paragraph (a) of subdivi-
 sion 2 as amended by section 38-f-2 of subpart A of part C of chapter 62
 of the laws of 2011 and paragraph (d) of subdivision  3  as  amended  by
 chapter 413 of the laws of 1984, are amended to read as follows:
   (a)  At  least one month prior to the expiration of the minimum period
 or periods of imprisonment fixed by the court  or  board,  a  member  or
 members  as determined by the rules of the board shall personally inter-
 view  an  [inmate]  INCARCERATED  INDIVIDUAL  serving  an  indeterminate
 sentence  and determine whether he OR SHE should be paroled at the expi-
 ration of the minimum period or periods in accordance  with  the  proce-
 dures  adopted  pursuant  to  subdivision  four  of  section two hundred
 fifty-nine-c OF THIS ARTICLE. If parole is not granted upon such review,
 the [inmate] INCARCERATED INDIVIDUAL shall be informed in writing within
 two weeks of such appearance of the factors and reasons for such  denial
 of  parole.  Such reasons shall be given in detail and not in conclusory
 terms. The board shall specify a date not more than  twenty-four  months
 from  such  determination  for reconsideration, and the procedures to be
 followed upon reconsideration shall be the same. If the [inmate]  INCAR-
 CERATED  INDIVIDUAL  is released, he OR SHE shall be given a copy of the
 conditions of parole. Such conditions shall where appropriate, include a
 requirement that the parolee  comply  with  any  restitution  order  and
 mandatory surcharge previously imposed by a court of competent jurisdic-
 tion  that  applies  to the parolee. The conditions shall indicate which
 restitution collection agency established  under  subdivision  eight  of
 section  420.10  of the criminal procedure law, shall be responsible for
 collection of restitution and mandatory surcharge  as  provided  for  in
 section  60.35 of the penal law and section eighteen hundred nine of the
 vehicle and traffic law.
   (d) If a finding of probable cause is made pursuant to  this  subdivi-
 sion  either  by determination at a preliminary hearing or by the waiver
 thereof, or if the releasee has been convicted  of  a  new  crime  while
 under his present parole or conditional release supervision, the board's
 rules  shall  provide  for (i) declaring such person to be delinquent as
 soon as practicable and shall require reasonable and appropriate  action
 to  make  a final determination with respect to the alleged violation or
 (ii) ordering such person to be restored  to  parole  supervision  under
 such circumstances as it may deem appropriate or (iii) when a parolee or
 conditional  releasee has been convicted of a new felony committed while
 under his OR HER present parole or conditional release supervision and a
 new indeterminate sentence has been imposed,  the  board's  rules  shall
 provide for a final declaration of delinquency. The [inmate] INCARCERAT-
 ED  INDIVIDUAL shall then be notified in writing that his OR HER release
 has been revoked on the basis of the new conviction and a  copy  of  the
 commitment shall accompany said notification. The [inmate's] INCARCERAT-

 A. 2395                            10

 ED  INDIVIDUAL'S  next  appearance before the board shall be governed by
 the legal requirements of said  new  indeterminate  sentence,  or  shall
 occur  as  soon after a final reversal of the conviction as is practica-
 ble.
   §  12. Subdivision 3 of section 259-k of the executive law, as amended
 by section 38-i of subpart A of part C of chapter  62  of  the  laws  of
 2011, is amended to read as follows:
   3.  Members  of the board and officers and employees of the department
 providing community supervision services and designated by  the  commis-
 sioner  shall have free access to all [inmates] INCARCERATED INDIVIDUALS
 confined in institutions under the jurisdiction of the  department,  the
 office  of  children  and  family  services and the department of mental
 hygiene in order to enable them to perform  their  functions,  provided,
 however,  that the department of mental hygiene may temporarily restrict
 such access where it determines, for significant clinical reasons,  that
 such  access would interfere with its care and treatment of the mentally
 ill [inmate] INCARCERATED INDIVIDUAL.  If under the provisions  of  this
 subdivision  an  [inmate]  INCARCERATED INDIVIDUAL is not accessible for
 release consideration by the board, that [inmate] INCARCERATED  INDIVID-
 UAL  shall be scheduled to see the board in the month immediately subse-
 quent to the month within which he OR SHE was not available.
   § 13. Subdivision 1 of section 259-l of the executive law, as  amended
 by chapter 26 of the laws of 2018, is amended to read as follows:
   1.  It shall be the duty of the commissioner of corrections and commu-
 nity supervision to ensure  that  all  officers  and  employees  of  the
 department  shall  at  all  times cooperate with the board of parole and
 shall furnish to such members of the board and employees  of  the  board
 such  information  as may be appropriate to enable them to perform their
 independent decision making functions. It is also his  or  her  duty  to
 ensure that the functions of the board of parole are not hampered in any
 way,  including but not limited to: a restriction of resources including
 staff assistance; limited access to vital information; and  presentation
 of  [inmate]  AN  INCARCERATED INDIVIDUAL'S information in a manner that
 may inappropriately influence the board in its decision making. Where an
 [inmate] INCARCERATED INDIVIDUAL has appeared before the board prior  to
 having  completed  any  program  assigned  by  the  department, and such
 program remains incomplete by no  fault  of  the  [inmate]  INCARCERATED
 INDIVIDUAL,  and  where  the board has denied such [inmate] INCARCERATED
 INDIVIDUAL release pursuant to  paragraph  (a)  of  subdivision  two  of
 section  two  hundred fifty-nine-i of this article, the department shall
 prioritize such [inmate's] AN INCARCERATED INDIVIDUAL'S  placement  into
 the assigned program.
   §  14.  The  section  heading,  subdivisions 1 and 2, paragraph (b) of
 subdivision 4 and subdivisions 5, 9, 10 and 11 of section 259-r  of  the
 executive  law, the section heading, subdivisions 1 and 2, paragraph (b)
 of subdivision 4, and subdivisions 5 and 9 as amended by section 38-l of
 subpart A of part C of chapter 62 of the laws of 2011  and  subdivisions
 10  and  11 as added by section 1 of part A of chapter 55 of the laws of
 2015, are amended to read as follows:
   Release on medical parole for terminally  ill  [inmates]  INCARCERATED
 INDIVIDUALS. 1. (a) The board shall have the power to release on medical
 parole  any [inmate] INCARCERATED INDIVIDUAL serving an indeterminate or
 determinate sentence of imprisonment who, pursuant to subdivision two of
 this section, has been certified to be suffering from a terminal  condi-
 tion,  disease  or syndrome and to be so debilitated or incapacitated as
 to create a reasonable probability that  he  or  she  is  physically  or

 A. 2395                            11

 cognitively  incapable  of  presenting  any danger to society, provided,
 however, that no [inmate] INCARCERATED  INDIVIDUAL  serving  a  sentence
 imposed  upon  a conviction for murder in the first degree or an attempt
 or conspiracy to commit murder in the first degree shall be eligible for
 such  release,  and provided further that no [inmate] INCARCERATED INDI-
 VIDUAL serving a sentence imposed upon  a  conviction  for  any  of  the
 following offenses shall be eligible for such release unless in the case
 of  an  indeterminate sentence he or she has served at least one-half of
 the minimum period of the sentence and in  the  case  of  a  determinate
 sentence  he  or  she has served at least one-half of the term of his or
 her determinate sentence:  murder in the second degree, manslaughter  in
 the  first  degree, any offense defined in article one hundred thirty of
 the penal law or an attempt to commit any of these offenses. Solely  for
 the  purpose  of determining medical parole eligibility pursuant to this
 section, such one-half  of  the  minimum  period  of  the  indeterminate
 sentence  and one-half of the term of the determinate sentence shall not
 be credited with any time served under the jurisdiction of  the  depart-
 ment  prior to the commencement of such sentence pursuant to the opening
 paragraph of subdivision one of section 70.30 of the penal law or subdi-
 vision two-a of section 70.30 of the penal law,  except  to  the  extent
 authorized by subdivision three of section 70.30 of the penal law.
   (b)  Such  release  shall  be  granted  only after the board considers
 whether, in light of the [inmate's]  INCARCERATED  INDIVIDUAL'S  medical
 condition, there is a reasonable probability that the [inmate] INCARCER-
 ATED  INDIVIDUAL,  if  released, will live and remain at liberty without
 violating the law, and that such release is not  incompatible  with  the
 welfare  of  society  and  will  not so deprecate the seriousness of the
 crime as to undermine respect for the law, and shall be subject  to  the
 limits  and  conditions  specified  in subdivision four of this section.
 Except as set forth in paragraph (a) of this subdivision,  such  release
 may be granted at any time during the term of an [inmate's] INCARCERATED
 INDIVIDUAL'S sentence, notwithstanding any other provision of law.
   (c)  The  board  shall  afford  notice  to  the  sentencing court, the
 district attorney and the attorney for the [inmate]  INCARCERATED  INDI-
 VIDUAL that the [inmate] INCARCERATED INDIVIDUAL is being considered for
 release  pursuant to this section and the parties receiving notice shall
 have fifteen days to comment on the release of the [inmate] INCARCERATED
 INDIVIDUAL. Release on medical parole shall not  be  granted  until  the
 expiration of the comment period provided for in this paragraph.
   2.  (a)  The  commissioner, on the commissioner's own initiative or at
 the request of an [inmate] INCARCERATED  INDIVIDUAL,  or  an  [inmate's]
 INCARCERATED  INDIVIDUAL'S  spouse,  relative  or  attorney, may, in the
 exercise of the commissioner's discretion, direct that an  investigation
 be  undertaken  to  determine  whether  a diagnosis should be made of an
 [inmate] INCARCERATED INDIVIDUAL who appears  to  be  suffering  from  a
 terminal  condition,  disease  or  syndrome.  Any such medical diagnosis
 shall be made by a physician licensed to practice medicine in this state
 pursuant to section sixty-five hundred twenty-four of the education law.
 Such physician shall either be employed by the department, shall  render
 professional  services  at  the  request  of the department, or shall be
 employed by a hospital or medical facility used by  the  department  for
 the medical treatment of [inmates] INCARCERATED INDIVIDUALS. The diagno-
 sis  shall  be  reported to the commissioner and shall include but shall
 not be limited to a description of the terminal  condition,  disease  or
 syndrome  suffered  by the [inmate] INCARCERATED INDIVIDUAL, a prognosis
 concerning the likelihood that the [inmate] INCARCERATED INDIVIDUAL will

 A. 2395                            12
 
 not recover  from  such  terminal  condition,  disease  or  syndrome,  a
 description  of  the  [inmate's]  INCARCERATED  INDIVIDUAL'S physical or
 cognitive incapacity which shall include  a  prediction  respecting  the
 likely  duration  of the incapacity, and a statement by the physician of
 whether the [inmate] INCARCERATED INDIVIDUAL is so debilitated or  inca-
 pacitated as to be severely restricted in his or her ability to self-am-
 bulate or to perform significant normal activities of daily living. This
 report  also  shall  include  a  recommendation of the type and level of
 services  and  treatment  the  [inmate]  INCARCERATED  INDIVIDUAL  would
 require  if granted medical parole and a recommendation for the types of
 settings in which the services and treatment should be given.
   (b) The commissioner, or the commissioner's designee, shall review the
 diagnosis and may certify that the [inmate] INCARCERATED  INDIVIDUAL  is
 suffering from such terminal condition, disease or syndrome and that the
 [inmate]  INCARCERATED  INDIVIDUAL is so debilitated or incapacitated as
 to create a reasonable probability that  he  or  she  is  physically  or
 cognitively  incapable  of  presenting  any  danger  to  society. If the
 commissioner does not so certify then the [inmate] INCARCERATED INDIVID-
 UAL shall not be referred to the board for consideration for release  on
 medical  parole.  If  the commissioner does so certify, then the commis-
 sioner shall, within seven working days of receipt  of  such  diagnosis,
 refer  the  [inmate]  INCARCERATED INDIVIDUAL to the board for consider-
 ation for release on medical parole. However, no  such  referral  of  an
 [inmate]  INCARCERATED  INDIVIDUAL to the board shall be made unless the
 [inmate] INCARCERATED INDIVIDUAL has been examined by  a  physician  and
 diagnosed  as having a terminal condition, disease or syndrome as previ-
 ously described herein at some time subsequent to such [inmate's] INCAR-
 CERATED INDIVIDUAL'S admission to a facility operated by the  department
 of correctional services.
   (c)  When  the commissioner refers an [inmate] INCARCERATED INDIVIDUAL
 to the board, the commissioner  shall  provide  an  appropriate  medical
 discharge  plan established by the department. The department is author-
 ized to request assistance from the department of health  and  from  the
 county in which the [inmate] INCARCERATED INDIVIDUAL resided and commit-
 ted his or her crime, which shall provide assistance with respect to the
 development  and implementation of a discharge plan, including potential
 placements of a releasee. The department and the  department  of  health
 shall  jointly develop standards for the medical discharge plan that are
 appropriately adapted to the criminal justice setting, based  on  stand-
 ards  established  by  the  department  of  health  for hospital medical
 discharge  planning.  The  board  may  postpone  its  decision   pending
 completion  of  an adequate discharge plan, or may deny release based on
 inadequacy of the discharge plan.
   (b) The board shall require as  a  condition  of  release  on  medical
 parole  that  the releasee agree to remain under the care of a physician
 while on medical parole and in a hospital established pursuant to  arti-
 cle  twenty-eight of the public health law, a hospice established pursu-
 ant to article forty of the public health law  or  any  other  placement
 that  can  provide  appropriate medical care as specified in the medical
 discharge plan required by subdivision two of this section. The  medical
 discharge  plan  shall  state that the availability of the placement has
 been confirmed, and by whom. Notwithstanding any other provision of law,
 when an [inmate] INCARCERATED INDIVIDUAL who qualifies for release under
 this section is cognitively incapable of signing the requisite  documen-
 tation  to  effectuate  the medical discharge plan and, after a diligent
 search no person has been identified who could otherwise be appointed as

 A. 2395                            13
 
 the [inmate's] INCARCERATED INDIVIDUAL'S guardian by a court  of  compe-
 tent  jurisdiction,  then,  solely  for  the purpose of implementing the
 medical discharge plan, the facility health  services  director  at  the
 facility  where the [inmate] INCARCERATED INDIVIDUAL is currently incar-
 cerated shall be lawfully empowered to act as the [inmate's] INCARCERAT-
 ED INDIVIDUAL'S guardian for the purpose  of  effectuating  the  medical
 discharge.
   5.  A  denial  of  release  on medical parole or expiration of medical
 parole in accordance with the provisions of paragraph (f) of subdivision
 four of this section shall not preclude the [inmate] INCARCERATED  INDI-
 VIDUAL  from  reapplying  for  medical  parole  or  otherwise  affect an
 [inmate's] INCARCERATED INDIVIDUAL'S eligibility for any other  form  of
 release provided for by law.
   9.  The  chairman shall report annually to the governor, the temporary
 president of the senate and the speaker  of  the  assembly,  the  chair-
 persons  of the assembly and senate codes committees, the chairperson of
 the senate crime and corrections committee, and the chairperson  of  the
 assembly  corrections  committee  the  number  of [inmates] INCARCERATED
 INDIVIDUALS who have applied for medical parole;  the  number  who  have
 been  granted  medical  parole;  the nature of the illness of the appli-
 cants, the counties to which they have been released and the  nature  of
 the  placement pursuant to the medical discharge plan; the categories of
 reasons for denial for those who have been denied; the number of releas-
 ees who have been granted an additional period  or  periods  of  medical
 parole and the number of such grants; the number of releasees on medical
 parole  who  have  been  returned  to imprisonment in the custody of the
 department and the reasons for return.
   10. Notwithstanding any other provision of law,  in  the  case  of  an
 [inmate]  INCARCERATED  INDIVIDUAL  whose terminal condition, disease or
 syndrome meets the criteria for medical parole as set forth in paragraph
 (a) of subdivision one of  this  section,  and  who  is  not  serving  a
 sentence for one or more offenses set forth in paragraph (i) of subdivi-
 sion  one of section eight hundred six of the correction law which would
 render such [inmate] INCARCERATED INDIVIDUAL ineligible for  presumptive
 release,  the  granting  of  medical  parole  shall be determined by the
 commissioner provided that a release of such [inmate] INCARCERATED INDI-
 VIDUAL shall be in accordance with subdivision eleven of  this  section.
 In  such  case, the provisions that would have applied to and the proce-
 dures that would have been followed by the board of parole  pursuant  to
 this section shall apply to and be followed by the commissioner.
   11.  (a)  After  the  commissioner  has  made a determination to grant
 medical parole pursuant to subdivision ten of this section, the  commis-
 sioner  shall  notify  the  chairperson of the board of parole, or their
 designee who shall be a member of the board of parole, and  provide  him
 or  her with all relevant records, files, information and documentation,
 which includes but is not limited to the criminal history, medical diag-
 nosis and treatment pertaining to the terminally ill [inmate]  INCARCER-
 ATED  INDIVIDUAL  no  more  than five days from the date of the determi-
 nation. (b) The chairperson or his or her designee shall  either  accept
 the  commissioner's  grant of medical parole, in which case the [inmate]
 INCARCERATED INDIVIDUAL may be released by the commissioner, or  conduct
 further  review.  This decision or review shall be made within five days
 of the receipt of the relevant records, files, information and  documen-
 tation  from  the  commissioner.  The  chairperson's  further review may
 include, but not be limited to, an  appearance  by  the  terminally  ill
 [inmate]  INCARCERATED  INDIVIDUAL  before the chairperson or his or her

 A. 2395                            14
 
 designee. (c) After this further review, the  chairperson  shall  either
 accept  the  commissioner's  grant  of medical parole, in which case the
 [inmate] INCARCERATED INDIVIDUAL may be released by the commissioner, or
 the  chairperson  shall  schedule  an  appearance for the terminally ill
 [inmate] INCARCERATED INDIVIDUAL before the board of parole.
   In the event the terminally ill [inmate]  INCARCERATED  INDIVIDUAL  is
 scheduled  to  make an appearance before the board of parole pursuant to
 this subdivision, the matter shall be heard by a  panel  that  does  not
 include  the  chairperson  or  any member of the board of parole who was
 involved in the review of the commissioner's determination.
   § 14-a. Paragraph (a) of subdivision 1 of section 259-r of the  execu-
 tive law, as amended by section 38-l-1 of subpart A of part C of chapter
 62 of the laws of 2011, is amended to read as follows:
   (a)  The  board  shall have the power to release on medical parole any
 [inmate] INCARCERATED INDIVIDUAL serving an indeterminate or determinate
 sentence of imprisonment  who,  pursuant  to  subdivision  two  of  this
 section,  has  been certified to be suffering from a terminal condition,
 disease or syndrome and to be so  debilitated  or  incapacitated  as  to
 create  a  reasonable probability that he or she is physically or cogni-
 tively incapable of presenting any danger to society, provided, however,
 that no [inmate] INCARCERATED INDIVIDUAL serving a sentence imposed upon
 a conviction for murder in the first degree or an attempt or  conspiracy
 to commit murder in the first degree shall be eligible for such release,
 and  provided further that no [inmate] INCARCERATED INDIVIDUAL serving a
 sentence imposed upon a conviction for any  of  the  following  offenses
 shall  be  eligible for such release unless in the case of an indetermi-
 nate sentence he or she has served at  least  one-half  of  the  minimum
 period  of  the sentence and in the case of a determinate sentence he or
 she has served at least one-half of the term of his or  her  determinate
 sentence:    murder  in  the  second  degree,  manslaughter in the first
 degree, any offense defined in article one hundred thirty of  the  penal
 law  or  an  attempt  to  commit  any  of these offenses. Solely for the
 purpose of determining  medical  parole  eligibility  pursuant  to  this
 section,  such  one-half  of  the  minimum  period  of the indeterminate
 sentence and one-half of the term of the determinate sentence shall  not
 be  credited  with any time served under the jurisdiction of the depart-
 ment prior to the commencement of such sentence pursuant to the  opening
 paragraph of subdivision one of section 70.30 of the penal law or subdi-
 vision  two-a  of  section  70.30 of the penal law, except to the extent
 authorized by subdivision three of section 70.30 of the penal law.
   § 15. Section 259-s of the executive law, as amended by  section  38-m
 of  subpart A of part C of chapter 62 of the laws of 2011, is amended to
 read as follows:
   § 259-s. Release on medical parole for [inmates] INCARCERATED INDIVID-
 UALS suffering significant debilitating  illnesses.  1.  (a)  The  board
 shall have the power to release on medical parole any [inmate] INCARCER-
 ATED  INDIVIDUAL  serving  an  indeterminate  or determinate sentence of
 imprisonment who, pursuant to subdivision two of this section, has  been
 certified  to be suffering from a significant and permanent non-terminal
 condition, disease or syndrome that has rendered the [inmate]  INCARCER-
 ATED  INDIVIDUAL  so  physically or cognitively debilitated or incapaci-
 tated as to create a reasonable probability that  he  or  she  does  not
 present  any  danger  to  society,  provided,  however, that no [inmate]
 INCARCERATED INDIVIDUAL serving a sentence imposed upon a conviction for
 murder in the first degree or an attempt or conspiracy to commit  murder
 in  the  first  degree  shall be eligible for such release, and provided

 A. 2395                            15
 
 further that no [inmate]  INCARCERATED  INDIVIDUAL  serving  a  sentence
 imposed  upon  a  conviction  for any of the following offenses shall be
 eligible for such  release  unless  in  the  case  of  an  indeterminate
 sentence he or she has served at least one-half of the minimum period of
 the  sentence  and  in  the case of a determinate sentence he or she has
 served at least one-half of the term of his or her determinate sentence:
 murder in the second degree,  manslaughter  in  the  first  degree,  any
 offense  defined  in  article  one hundred thirty of the penal law or an
 attempt to commit any of these  offenses.  Solely  for  the  purpose  of
 determining  medical  parole  eligibility pursuant to this section, such
 one-half of the minimum period of the indeterminate  sentence  and  one-
 half  of the term of the determinate sentence shall not be credited with
 any time served under the jurisdiction of the department  prior  to  the
 commencement  of  such  sentence  pursuant  to  the opening paragraph of
 subdivision one of section 70.30 of the penal law or  subdivision  two-a
 of  section  70.30  of the penal law, except to the extent authorized by
 subdivision three of section 70.30 of the penal law.
   (b) Such release shall be  granted  only  after  the  board  considers
 whether,  in  light  of the [inmate's] INCARCERATED INDIVIDUAL'S medical
 condition, there is a reasonable probability that the [inmate] INCARCER-
 ATED INDIVIDUAL, if released, will live and remain  at  liberty  without
 violating  the  law,  and that such release is not incompatible with the
 welfare of society and will not so  deprecate  the  seriousness  of  the
 crime  as  to undermine respect for the law, and shall be subject to the
 limits and conditions specified in subdivision four of this section.  In
 making  this determination, the board shall consider: (i) the nature and
 seriousness of the [inmate's] INCARCERATED INDIVIDUAL'S crime; (ii)  the
 [inmate's]  INCARCERATED  INDIVIDUAL'S  prior criminal record; (iii) the
 [inmate's] INCARCERATED INDIVIDUAL'S disciplinary, behavioral and  reha-
 bilitative  record during the term of his or her incarceration; (iv) the
 amount of time the [inmate] INCARCERATED INDIVIDUAL  must  serve  before
 becoming  eligible  for  release  pursuant to section two hundred fifty-
 nine-i of this article; (v) the current age of the [inmate] INCARCERATED
 INDIVIDUAL and his or her age at the time of the crime; (vi) the  recom-
 mendations of the sentencing court, the district attorney and the victim
 or  the  victim's  representative;  (vii)  the  nature of the [inmate's]
 INCARCERATED INDIVIDUAL'S medical condition, disease or syndrome and the
 extent of medical treatment or care that the [inmate] INCARCERATED INDI-
 VIDUAL will require as a result of that condition, disease or  syndrome;
 and  (viii)  any other relevant factor. Except as set forth in paragraph
 (a) of this subdivision, such release may be granted at any time  during
 the  term  of an [inmate's] INCARCERATED INDIVIDUAL'S sentence, notwith-
 standing any other provision of law.
   (c) The board  shall  afford  notice  to  the  sentencing  court,  the
 district attorney, the attorney for the [inmate] INCARCERATED INDIVIDUAL
 and,  where necessary pursuant to subdivision two of section two hundred
 fifty-nine-i of this article, the crime victim, that the [inmate] INCAR-
 CERATED INDIVIDUAL is being considered  for  release  pursuant  to  this
 section  and  the  parties  receiving  notice  shall have thirty days to
 comment on the release of the [inmate] INCARCERATED INDIVIDUAL.  Release
 on  medical  parole  shall  not  be  granted until the expiration of the
 comment period provided for in this paragraph.
   2. (a) The commissioner, on the commissioner's own  initiative  or  at
 the  request  of  an  [inmate] INCARCERATED INDIVIDUAL, or an [inmate's]
 INCARCERATED INDIVIDUAL'S spouse, relative  or  attorney,  may,  in  the
 exercise  of the commissioner's discretion, direct that an investigation

 A. 2395                            16
 
 be undertaken to determine whether a diagnosis  should  be  made  of  an
 [inmate]  INCARCERATED  INDIVIDUAL  who  appears  to be suffering from a
 significant and permanent  non-terminal  and  incapacitating  condition,
 disease  or  syndrome.  Any  such  medical  diagnosis shall be made by a
 physician licensed to  practice  medicine  in  this  state  pursuant  to
 section sixty-five hundred twenty-four of the education law. Such physi-
 cian  shall  either  be employed by the department, shall render profes-
 sional services at the request of the department, or shall  be  employed
 by a hospital or medical facility used by the department for the medical
 treatment  of [inmates] INCARCERATED INDIVIDUALS. The diagnosis shall be
 reported to the commissioner and shall include but shall not be  limited
 to  a  description of the condition, disease or syndrome suffered by the
 [inmate] INCARCERATED INDIVIDUAL, a prognosis concerning the  likelihood
 that  the  [inmate]  INCARCERATED  INDIVIDUAL will not recover from such
 condition, disease or syndrome, a description of the  [inmate's]  INCAR-
 CERATED  INDIVIDUAL'S  physical  or  cognitive  incapacity  which  shall
 include a prediction respecting the likely duration of  the  incapacity,
 and  a  statement  by the physician of whether the [inmate] INCARCERATED
 INDIVIDUAL  is  so  debilitated  or  incapacitated  as  to  be  severely
 restricted  in his or her ability to self-ambulate or to perform signif-
 icant normal activities of daily living. This report also shall  include
 a  recommendation  of  the  type and level of services and treatment the
 [inmate] INCARCERATED INDIVIDUAL would require if granted medical parole
 and a recommendation for the types of settings in which the services and
 treatment should be given.
   (b) The commissioner, or the commissioner's designee, shall review the
 diagnosis and may certify that the [inmate] INCARCERATED  INDIVIDUAL  is
 suffering from such condition, disease or syndrome and that the [inmate]
 INCARCERATED  INDIVIDUAL is so debilitated or incapacitated as to create
 a reasonable probability that he or she  is  physically  or  cognitively
 incapable of presenting any danger to society.  If the commissioner does
 not  so  certify  then the [inmate] INCARCERATED INDIVIDUAL shall not be
 referred to the board for consideration for release on  medical  parole.
 If the commissioner does so certify, then the commissioner shall, within
 seven  working  days  of  receipt  of such diagnosis, refer the [inmate]
 INCARCERATED INDIVIDUAL to the board for consideration  for  release  on
 medical  parole.  However,  no such referral of an [inmate] INCARCERATED
 INDIVIDUAL to the board of parole shall  be  made  unless  the  [inmate]
 INCARCERATED  INDIVIDUAL  has been examined by a physician and diagnosed
 as having a condition, disease or syndrome as previously described here-
 in at some time subsequent to such [inmate's] INCARCERATED  INDIVIDUAL'S
 admission to a facility operated by the department.
   (c)  When  the commissioner refers an [inmate] INCARCERATED INDIVIDUAL
 to the board, the commissioner  shall  provide  an  appropriate  medical
 discharge  plan established by the department. The department is author-
 ized to request assistance from the department of health  and  from  the
 county in which the [inmate] INCARCERATED INDIVIDUAL resided and commit-
 ted his or her crime, which shall provide assistance with respect to the
 development  and implementation of a discharge plan, including potential
 placements of a releasee. The department and the  department  of  health
 shall  jointly develop standards for the medical discharge plan that are
 appropriately adapted to the criminal justice setting, based  on  stand-
 ards  established  by  the  department  of  health  for hospital medical
 discharge  planning.  The  board  may  postpone  its  decision   pending
 completion  of  an adequate discharge plan, or may deny release based on
 inadequacy of the discharge plan.

 A. 2395                            17
 
   3. Any certification by the commissioner or the commissioner's  desig-
 nee  pursuant  to  this  section shall be deemed a judicial function and
 shall not be reviewable if done in accordance with law.
   4.  (a) Medical parole granted pursuant to this section shall be for a
 period of six months.
   (b) The board shall require as  a  condition  of  release  on  medical
 parole  that  the releasee agree to remain under the care of a physician
 while on medical parole and in a hospital established pursuant to  arti-
 cle  twenty-eight of the public health law, a hospice established pursu-
 ant to article forty of the public health law or  any  other  placement,
 including  a residence with family or others, that can provide appropri-
 ate medical care as specified in the medical discharge plan required  by
 subdivision  two of this section. The medical discharge plan shall state
 that the availability of the placement has been confirmed, and by  whom.
 Notwithstanding any other provision of law, when an [inmate] INCARCERAT-
 ED INDIVIDUAL who qualifies for release under this section is cognitive-
 ly  incapable  of  signing the requisite documentation to effectuate the
 medical discharge plan and, after a diligent search no person  has  been
 identified  who could otherwise be appointed as the [inmate's] INCARCER-
 ATED INDIVIDUAL'S guardian by a court of competent  jurisdiction,  then,
 solely  for  the purpose of implementing the medical discharge plan, the
 facility health services director at the  facility  where  the  [inmate]
 INCARCERATED  INDIVIDUAL  is  currently  incarcerated  shall be lawfully
 empowered to act as the [inmate's]  INCARCERATED  INDIVIDUAL'S  guardian
 for the purpose of effectuating the medical discharge.
   (c)  Where  appropriate,  the  board  shall  require as a condition of
 release that medical parolees be supervised on  intensive  caseloads  at
 reduced supervision ratios.
   (d)  The  board  shall  require  as  a condition of release on medical
 parole that the releasee undergo periodic  medical  examinations  and  a
 medical  examination  at  least one month prior to the expiration of the
 period of medical parole and, for the  purposes  of  making  a  decision
 pursuant to paragraph (e) of this subdivision, that the releasee provide
 the  board  with  a  report,  prepared by the treating physician, of the
 results of such examination. Such report shall specifically state wheth-
 er or not the parolee continues to suffer from a significant and  perma-
 nent  non-terminal and debilitating condition, disease, or syndrome, and
 to be so debilitated or incapacitated as to be  severely  restricted  in
 his  or  her  ability  to self-ambulate or to perform significant normal
 activities of daily living.
   (e) Prior to the expiration of the period of medical parole the  board
 shall review the medical examination report required by paragraph (d) of
 this  subdivision  and  may  again grant medical parole pursuant to this
 section; provided, however, that the  provisions  of  paragraph  (c)  of
 subdivision one and subdivision two of this section shall not apply.
   (f) If the updated medical report presented to the board states that a
 parolee released pursuant to this section is no longer so debilitated or
 incapacitated  as  to  create a reasonable probability that he or she is
 physically or cognitively incapable of presenting any danger to  society
 or  if  the releasee fails to submit the updated medical report then the
 board may not make a new grant of medical parole pursuant  to  paragraph
 (e)  of this subdivision. Where the board has not granted medical parole
 pursuant to such paragraph (e) the board shall promptly conduct  through
 one of its members, or cause to be conducted by a hearing officer desig-
 nated  by  the  board,  a  hearing  to determine whether the releasee is
 suffering from a significant and permanent non-terminal and incapacitat-

 A. 2395                            18
 
 ing condition, disease or syndrome and is so  debilitated  or  incapaci-
 tated as to create a reasonable probability that he or she is physically
 or  cognitively  incapable  of presenting any danger to society and does
 not present a danger to society. If the board makes such a determination
 then it may make a new grant of medical parole pursuant to the standards
 of paragraph (b) of subdivision one of this section. At the hearing, the
 releasee  shall  have  the right to representation by counsel, including
 the right, if the releasee is financially unable to retain  counsel,  to
 have  the appropriate court assign counsel in accordance with the county
 or city plan for representation placed in operation pursuant to  article
 eighteen-B of the county law.
   (g)  The  hearing  and  determination provided for by paragraph (f) of
 this subdivision shall be concluded  within  the  six  month  period  of
 medical parole. If the board does not renew the grant of medical parole,
 it  shall order that the releasee be returned immediately to the custody
 of the department of correctional services.
   (h) In addition to the procedures set forth in paragraph (f)  of  this
 subdivision,  medical  parole may be revoked at any time upon any of the
 grounds specified in paragraph (a) of subdivision three of  section  two
 hundred  fifty-nine-i of this article, and in accordance with the proce-
 dures specified in subdivision three of section two hundred fifty-nine-i
 of this article.
   (i) A releasee who is on medical parole and who becomes  eligible  for
 parole  pursuant  to  the  provisions  of subdivision two of section two
 hundred fifty-nine-i of  this  article  shall  be  eligible  for  parole
 consideration pursuant to such subdivision.
   5.  A  denial  of  release  on medical parole or expiration of medical
 parole in accordance with the provisions of paragraph (f) of subdivision
 four of this section shall not preclude the [inmate] INCARCERATED  INDI-
 VIDUAL  from  reapplying  for  medical  parole  or  otherwise  affect an
 [inmate's] INCARCERATED INDIVIDUAL'S eligibility for any other  form  of
 release provided for by law.
   6.  To  the extent that any provision of this section requires disclo-
 sure of medical information for the purpose of processing an application
 or making a decision, regarding release on medical parole or renewal  of
 medical parole, or for the purpose of appropriately supervising a person
 released  on medical parole, and that such disclosure would otherwise be
 prohibited by article twenty-seven-F  of  the  public  health  law,  the
 provisions of this section shall be controlling.
   7.  The commissioner and the chair of the board shall be authorized to
 promulgate rules and regulations for their respective agencies to imple-
 ment the provisions of this section.
   8. Any decision made by the board pursuant  to  this  section  may  be
 appealed   pursuant   to   subdivision   four  of  section  two  hundred
 fifty-nine-i of this article.
   9. The chair of the board shall report annually to the  governor,  the
 temporary  president  of the senate and the speaker of the assembly, the
 chairpersons of the assembly and senate  codes  committees,  the  chair-
 person  of  the  senate  crime and corrections committee, and the chair-
 person of the assembly corrections committee  the  number  of  [inmates]
 INCARCERATED  INDIVIDUALS who have applied for medical parole under this
 section; the number who have been granted medical parole; the nature  of
 the  illness  of  the  applicants,  the counties to which they have been
 released and the  nature  of  the  placement  pursuant  to  the  medical
 discharge  plan; the categories of reasons for denial for those who have
 been denied; the number of releasees who have been granted an additional

 A. 2395                            19
 
 period or periods of medical parole and the number of such  grants;  the
 number  of  releasees on medical parole who have been returned to impri-
 sonment in the custody of the department and the reasons for return.
   §  16.  Paragraph  b  of subdivision 2 of section 265 of the executive
 law, as amended by section 31 of part A of chapter 56  of  the  laws  of
 2010, is amended to read as follows:
   b.  Except  as provided in section two hundred sixty-six of this arti-
 cle, applications for such assistance must  be  made  and  submitted  no
 later than one hundred eighty days after the effective date of the chap-
 ter  of  the  laws  of  nineteen hundred eighty-eight which amended this
 paragraph and added these words or by the first day  of  April  of  each
 subsequent  year and shall be either approved or denied by the office no
 later than sixty days following such submission. Any part of the  moneys
 so  made  available  and not apportioned pursuant to a plan approved and
 contract entered into with the office within the  time  limits  required
 shall  be  apportioned by the office in its discretion to such a city or
 counties on a need basis, taking into consideration [inmate] INCARCERAT-
 ED INDIVIDUAL population or prior commitment by a county in the develop-
 ment of alternatives to detention or incarceration programs.
   § 17. Subdivision 7 of section 508 of the executive law, as amended by
 section 4 of part G of chapter 55 of the laws of  2020,  is  amended  to
 read as follows:
   7. While in the custody of the office of children and family services,
 an offender shall be subject to the rules and regulations of the office,
 except  that his or her parole, temporary release and discharge shall be
 governed by the laws applicable to [inmates] INCARCERATED INDIVIDUALS of
 state correctional facilities and his or her transfer to state hospitals
 in the office of mental health shall be governed by section five hundred
 nine of this [article]  TITLE;  provided,  however,  that  an  otherwise
 eligible  offender  may receive the six-month limited credit time allow-
 ance for successful participation in one or more programs  developed  by
 the  office  of  children and family services that are comparable to the
 programs set forth in section eight hundred three-b  of  the  correction
 law, taking into consideration the age of offenders. The commissioner of
 the office of children and family services shall, however, establish and
 operate  temporary  release  programs  at  office of children and family
 services facilities  for  eligible  juvenile  offenders  and  adolescent
 offenders  and contract with the department of corrections and community
 supervision for the provision of parole supervision services for  tempo-
 rary  releasees.  The rules and regulations for these programs shall not
 be inconsistent with  the  laws  for  temporary  release  applicable  to
 [inmates] INCARCERATED INDIVIDUALS of state correctional facilities. For
 the  purposes  of  temporary release programs for juvenile offenders and
 adolescent offenders only, when referred to or defined in article  twen-
 ty-six  of  the  correction  law,  "institution" shall mean any facility
 designated by the commissioner of the  office  of  children  and  family
 services,  "department"  shall  mean  the  office of children and family
 services, ["inmate"] "INCARCERATED INDIVIDUAL"  shall  mean  a  juvenile
 offender  or  adolescent  offender residing in an office of children and
 family services facility, and "commissioner" shall mean the commissioner
 of the office of children and family services. Time spent in  office  of
 children and family services facilities and in juvenile detention facil-
 ities  shall be credited towards the sentence imposed in the same manner
 and to the same extent applicable to [inmates] INCARCERATED  INDIVIDUALS
 of state correctional facilities.

 A. 2395                            20
 
   §  18. Subdivision 24 of section 553 of the executive law, as added by
 section 3 of part A of chapter 501 of the laws of 2012,  is  amended  to
 read as follows:
   24.  To monitor and make recommendations regarding the quality of care
 provided to  [inmates]  INCARCERATED  INDIVIDUALS  with  serious  mental
 illness,  including  those who are in a residential mental health treat-
 ment unit or  segregated  confinement  in  facilities  operated  by  the
 department of corrections and community supervision, and oversee compli-
 ance  with  paragraphs  (d)  and  (e)  of subdivision six of section one
 hundred thirty-seven, and section four hundred  one  of  the  correction
 law.  Such  responsibilities  shall  be  carried  out in accordance with
 section four hundred one-a of the correction law;
   § 19. Subparagraphs (i) and (ii) of paragraph (c)  of  subdivision  1,
 the  opening paragraph of paragraph (b) and paragraph (c) of subdivision
 2 and subdivision 3 of section 632-a of the executive law, subparagraphs
 (i) and (ii) of paragraph (c) of subdivision 1 as amended by section 100
 of subpart B of part C of chapter 62 of the laws of  2011,  the  opening
 paragraph of paragraph (b) of subdivision 2 as amended by section 101 of
 subpart  B of part C of chapter 62 of the laws of 2011 and paragraph (c)
 of subdivision 2 and subdivision 3 as amended by section 24 of part  A-1
 of chapter 56 of the laws of 2010, are amended to read as follows:
   (i) is an [inmate] INCARCERATED INDIVIDUAL serving a sentence with the
 department  of  corrections  and  community  supervision  or  a prisoner
 confined at a local correctional facility or federal correctional insti-
 tute, and includes funds that a  superintendent,  sheriff  or  municipal
 official  receives  on  behalf of an [inmate] INCARCERATED INDIVIDUAL or
 prisoner and deposits in an [inmate] INCARCERATED INDIVIDUAL account  to
 the  credit  of the [inmate] INCARCERATED INDIVIDUAL pursuant to section
 one hundred sixteen of the correction law  or  deposits  in  a  prisoner
 account to the credit of the prisoner pursuant to section five hundred-c
 of the correction law; or
   (ii) is not an [inmate] INCARCERATED INDIVIDUAL or prisoner but who is
 serving a sentence of probation or conditional discharge or is presently
 subject  to  an undischarged indeterminate, determinate or definite term
 of imprisonment or period of post-release supervision or term of  super-
 vised release, but shall include earned income earned during a period in
 which  such  person  was not in compliance with the conditions of his or
 her probation,  parole,  conditional  release,  period  of  post-release
 supervision  by  the department of corrections and community supervision
 or term of supervised release with the United States probation office or
 United States parole commission. For purposes of this subparagraph, such
 period of non-compliance shall be  measured,  as  applicable,  from  the
 earliest date of delinquency determined by the department of corrections
 and community supervision, or from the earliest date on which a declara-
 tion  of delinquency is filed pursuant to section 410.30 of the criminal
 procedure law and thereafter sustained, or from  the  earliest  date  of
 delinquency  determined in accordance with applicable federal law, rules
 or regulations, and shall continue until a final determination  sustain-
 ing  the  violation  has been made by the trial court, the department of
 corrections and community supervision, or appropriate federal authority;
 or
   Notwithstanding subparagraph (ii) of paragraph (a)  of  this  subdivi-
 sion,  whenever  the  payment  or  obligation to pay involves funds of a
 convicted person that a superintendent, sheriff  or  municipal  official
 receives  or will receive on behalf of an [inmate] INCARCERATED INDIVID-
 UAL serving a sentence with the department of corrections and  community

 A. 2395                            21
 
 supervision  or  prisoner  confined at a local correctional facility and
 deposits or will deposit in an [inmate] INCARCERATED INDIVIDUAL  account
 to  the  credit of the [inmate] INCARCERATED INDIVIDUAL or in a prisoner
 account  to the credit of the prisoner, and the value, combined value or
 aggregate value of such  funds  exceeds  or  will  exceed  ten  thousand
 dollars,  the  superintendent,  sheriff or municipal official shall also
 give written notice to the office.
   (c) The office, upon receipt of notice of a contract, an agreement  to
 pay  or  payment  of profits from a crime or funds of a convicted person
 pursuant to paragraph (a) or (b) of this subdivision, or upon receipt of
 notice of funds of a convicted person from the  superintendent,  sheriff
 or  municipal  official  of the facility where the [inmate] INCARCERATED
 INDIVIDUAL or prisoner is  confined  pursuant  to  section  one  hundred
 sixteen  or five hundred-c of the correction law, shall notify all known
 crime victims of the existence of such profits or funds  at  their  last
 known address.
   3.  Notwithstanding  any inconsistent provision of the estates, powers
 and trusts law or the civil practice law and rules with respect  to  the
 timely  bringing  of an action, any crime victim shall have the right to
 bring a civil action in a court of  competent  jurisdiction  to  recover
 money  damages  from  a  person  convicted of a crime of which the crime
 victim is a victim, or the  representative  of  that  convicted  person,
 within three years of the discovery of any profits from a crime or funds
 of  a  convicted  person,  as  those  terms are defined in this section.
 Notwithstanding any other provision of law to the contrary,  a  judgment
 obtained  pursuant  to this section shall not be subject to execution or
 enforcement against the first  one  thousand  dollars  deposited  in  an
 [inmate]  INCARCERATED  INDIVIDUAL account to the credit of the [inmate]
 INCARCERATED INDIVIDUAL pursuant to section one hundred sixteen  of  the
 correction  law  or  in a prisoner account to the credit of the prisoner
 pursuant to section five hundred-c of the correction law.  In  addition,
 where  the  civil  action  involves funds of a convicted person and such
 funds were recovered by the convicted  person  pursuant  to  a  judgment
 obtained in a civil action, a judgment obtained pursuant to this section
 may not be subject to execution or enforcement against a portion thereof
 in  accordance with subdivision (k) of section fifty-two hundred five of
 the civil practice law and rules. If an action is filed pursuant to this
 subdivision after the expiration of all  other  applicable  statutes  of
 limitation,  any other crime victims must file any action for damages as
 a result of the crime within three years of the actual discovery of such
 profits or funds, or within three years of actual notice  received  from
 or notice published by the office of such discovery, whichever is later.
   §  20.  Paragraphs (a), (b) and (c) of subdivision 1 of section 747 of
 the executive law, as added by chapter 669  of  the  laws  of  1977,  is
 amended to read as follows:
   (a)  To  visit and inspect, or cause members of its staff to visit and
 inspect, at such times as the board may  consider  to  be  necessary  or
 appropriate  to  help  insure  adequate  supervision, public and private
 facilities or agencies, whether state, county,  municipal,  incorporated
 or  not  incorporated which are in receipt of public funds and which are
 of a charitable, eleemosynary, correctional  or  reformatory  character,
 including  all  reformatories  for  juveniles and facilities or agencies
 exercising custody of dependent, neglected,  abused,  maltreated,  aban-
 doned or delinquent children or persons in need of supervision, agencies
 engaged  in  the  placing  out or boarding out of children as defined in
 section three hundred seventy-one of the  social  services  law,  or  in

 A. 2395                            22
 
 operating homes for unmarried mothers or special care homes, and facili-
 ties  providing  residential  care  for  convalescent, invalid, aged, or
 indigent persons, but excepting state institutions for the education and
 support  of  the  blind,  the deaf and the dumb, and excepting also such
 institutions as are subject to the  visitation  and  inspection  of  the
 state   department   of  mental  hygiene  or  the  state  commission  of
 correction.  As to institutions, whether incorporated  or  not  incorpo-
 rated,  having [inmates] INCARCERATED INDIVIDUALS, but not in receipt of
 public funds, which are of a charitable, eleemosynary,  correctional  or
 reformatory  character, and agencies, whether incorporated or not incor-
 porated, not in receipt of public funds, which exercise custody of aban-
 doned, destitute, dependent, neglected, abused, maltreated or delinquent
 children or persons  in  need  of  supervision,  the  board  shall  make
 inspections,  or  cause  inspections to be made by members of its staff,
 but solely as to matters directly affecting the health,  safety,  treat-
 ment and training of their [inmates] INCARCERATED INDIVIDUALS, or of the
 children  under their custody. Visiting and inspecting as herein author-
 ized shall not be exclusive of other  visiting  and  inspecting  now  or
 hereafter authorized by law.
   (b) To have full access to the grounds, buildings, records, documents,
 books  and  papers  relating  to any facility or agency subject to being
 visited and inspected by  the  board,  including  all  case  records  of
 [inmates]  INCARCERATED INDIVIDUALS and children under their custody and
 all financial records.
   (c) Upon visiting or inspecting any  facility  or  agency  under  this
 article,  inquiry  may  be  made to ascertain the quality of supervision
 exercised by state and local agencies responsible for  supervising  such
 facilities and agencies, and the quality of program and operating stand-
 ards  established by such state and local agencies, and to ascertain the
 adequacy of such state and local agency  supervision  to  determine  the
 following:
   (i)  whether  the  objects  of the facility or agency are being accom-
 plished;
   (ii) whether the applicable laws, rules and regulations governing  its
 operation are fully complied with;
   (iii)  its  methods  of  and  equipment  for vocational and scholastic
 education, and whether the same are best suited  to  the  needs  of  its
 [inmates] INCARCERATED INDIVIDUALS or children under their custody;
   (iv)  its  methods  of  administration; and of providing care, medical
 attention, treatment and discipline of its residents and  beneficiaries,
 and  whether the same are best adapted to the needs of the residents and
 beneficiaries;
   (v) the qualifications and general conduct of its officers and employ-
 ees;
   (vi) the condition of its grounds, buildings and other property;
   (vii) the sources of public moneys  received  by  any  institution  in
 receipt of public funds and the management and condition of its finances
 generally; and
   (viii) any other matter connected with or pertaining to its usefulness
 and  good  management  or  to the interest of its residents or benefici-
 aries.
   § 21. Section 750 of the executive law, as added by chapter 110 of the
 laws of 1971 and as renumbered by chapter 669 of the laws  of  1977,  is
 amended to read as follows:
   § 750. Duties  of the attorney general and district attorneys.  If, in
 the opinion of the board, any matter in  regard  to  the  management  or

 A. 2395                            23
 
 affairs of any such institution, society or association, or any [inmate]
 INCARCERATED  INDIVIDUAL  or  person  in  any  way  connected therewith,
 require legal investigation or action of any kind, notice thereof may be
 given by the board, to the attorney general, and he shall thereupon make
 inquiry  and take such proceedings in the premises as he may deem neces-
 sary and proper. The attorney general and every district attorney shall,
 when so required, furnish such legal assistance, counsel  or  advice  as
 the board may require in the discharge of its duties.
   § 22. Subdivision 6-a of section 837 of the executive law, as added by
 section  4  of  part OO of chapter 56 of the laws of 2010, is amended to
 read as follows:
   6-a. Upon request, provide an [inmate] INCARCERATED INDIVIDUAL of  the
 state  or  local correctional facility, at no charge, with a copy of all
 criminal history information maintained on file by the division pertain-
 ing to such [inmate] INCARCERATED INDIVIDUAL.
   § 23. Paragraph (c) of subdivision 6 of section 95 of the public offi-
 cers law, as added by chapter 652 of the laws of  1983,  is  amended  to
 read as follows:
   (c)  personal  information  pertaining  to  the  incarceration  of  an
 [inmate] INCARCERATED INDIVIDUAL at a state correctional facility  which
 is  evaluative  in  nature  or which, if such access was provided, could
 endanger the life or safety of any person, unless such access is  other-
 wise permitted by law or by court order;
   § 24. Paragraph (c) of subdivision 2 of section 96 of the public offi-
 cers  law,  as  added  by chapter 652 of the laws of 1983, is amended to
 read as follows:
   (c)  personal  information  pertaining  to  the  incarceration  of  an
 [inmate]  INCARCERATED INDIVIDUAL at a state correctional facility which
 is evaluative in nature or which, if disclosed, could endanger the  life
 or  safety  of any person, unless such disclosure is otherwise permitted
 by law;
   § 25. Subdivisions 12, 12-d and 12-g of section 8 of the state finance
 law, subdivision 12 as amended by section 156 of subpart B of part C  of
 chapter  62  of the laws of 2011, subdivision 12-d as amended by chapter
 165 of the laws of 2017 and subdivision 12-g as amended by  section  157
 of subpart B of part C of chapter 62 of the laws of 2011, are amended to
 read as follows:
   12.  Notwithstanding any inconsistent provision of the court of claims
 act, examine, audit and certify for  payment  any  claim  submitted  and
 approved  by  the  head  of  any institution in the department of mental
 hygiene, the department of corrections and  community  supervision,  the
 department  of  health or the office of children and family services for
 personal property damaged or  destroyed  by  any  [inmate]  INCARCERATED
 INDIVIDUAL  thereof,  or for personal property of an employee damaged or
 destroyed without fault on his OR HER part, by a fire in  said  institu-
 tion; or any claim submitted and approved by the head of any institution
 in the department of mental hygiene or the office of children and family
 services  for  real  or  personal  property  damaged or destroyed or for
 personal injuries caused by any patient during thirty days from the date
 of his OR HER escape from such institution; or any claim  submitted  and
 approved by the commissioner of the department of corrections and commu-
 nity  supervision  for  personal  property  of  an  employee  damaged or
 destroyed without fault on his OR HER part as a result of actions unique
 to the performance of his OR HER  official  duties  in  accordance  with
 rules  and regulations promulgated by the commissioner of the department
 of corrections and community supervision with the approval of the  comp-

 A. 2395                            24
 
 troller;  or any claim submitted and approved by the chief administrator
 of the courts for personal property of  any  judge  or  justice  of  the
 unified  court  system or of any nonjudicial officer or employee thereof
 damaged  or  destroyed,  without fault on his OR HER part, by any party,
 witness, juror or bystander to court proceedings, provided no such claim
 may be certified for payment to a nonjudicial officer or employee who is
 in a collective negotiating unit until  the  chief  administrator  shall
 deliver  to  the  comptroller a certificate that there is in effect with
 respect to such negotiating unit a written collective bargaining  agree-
 ment  with  the  state pursuant to article fourteen of the civil service
 law which provides therefor; or any claim submitted and approved by  the
 superintendent  of state police for personal property of a member of the
 state police damaged or destroyed without fault on his OR HER part as  a
 result  of actions unique to the performance of police duties in accord-
 ance with rules and regulations promulgated by the  superintendent  with
 the  approval of the comptroller; or any claim submitted and approved by
 the head of a state department or agency having employees in the securi-
 ty services unit or the security supervisors unit for personal  property
 of  a  member of such units damaged or destroyed without fault on his OR
 HER part as a result  of  actions  unique  to  the  performance  of  law
 enforcement  duties in accordance with rules and regulations promulgated
 by the department or agency head, after consultation with  the  employee
 organization  representing such units and with the approval of the comp-
 troller and payment of any such claim shall not exceed the sum of  three
 hundred  fifty  dollars.  Where  an  agreement  between the state and an
 employee organization reached pursuant  to  the  provisions  of  article
 fourteen  of  the  civil service law provides for payments to be made to
 employees by an institution, such payments for claims not in  excess  of
 seventy-five dollars, or one hundred fifty dollars if otherwise provided
 in accordance with the terms of such agreement, may be made from a petty
 cash account established pursuant to section one hundred fifteen of this
 chapter, and in the manner prescribed therein.
   12-d.  Notwithstanding  any  inconsistent  provision  of  the court of
 claims act, examine, audit and certify for payment any  claim  submitted
 and  approved  by the head of a state department or agency, other than a
 department or agency specified in subdivision twelve  of  this  section,
 for  personal property of an employee damaged or destroyed in the course
 of the performance of official duties without fault on his OR  HER  part
 by  an  [inmate]  INCARCERATED  INDIVIDUAL,  patient  or  client of such
 department or agency after March thirty-first, two thousand sixteen  and
 prior  to  April  first, two thousand twenty-one, provided no such claim
 may be certified for payment to an officer  or  employee  who  is  in  a
 collective  negotiating  unit  until  the director of employee relations
 shall deliver to the comptroller a letter that there is in  effect  with
 respect  to  such  negotiating  unit  a  written collectively negotiated
 agreement with the state pursuant  to  article  fourteen  of  the  civil
 service  law  which provides therefor.   Payment of any such claim shall
 not exceed the sum of three hundred  dollars.  No  person  submitting  a
 claim  under  this  subdivision shall have any claim for damages to such
 personal property approved pursuant to the provision of subdivision four
 of section five hundred thirty of the labor law or any other  applicable
 provision of law.
   12-g.  Notwithstanding  any other provision of the court of claims act
 or any other law to the contrary, thirty  days  before  the  comptroller
 issues  a check for payment to an [inmate] INCARCERATED INDIVIDUAL serv-
 ing a sentence of imprisonment with the department  of  corrections  and

 A. 2395                            25

 community  supervision or to a prisoner confined at a local correctional
 facility for any reason, including a payment made in satisfaction of any
 damage award in connection with any lawsuit brought by or on  behalf  of
 such  [inmate]  INCARCERATED INDIVIDUAL or prisoner against the state or
 any of its employees in federal court or  any  other  court,  the  comp-
 troller  shall  give written notice, if required pursuant to subdivision
 two of section six hundred thirty-two-a of the  executive  law,  to  the
 office  of  victim  services that such payment shall be made thirty days
 after the date of such notice.
   § 26. Subparagraph 4 of paragraph a of subdivision 1 of section 54  of
 the  state finance law, as amended by section 158 of subpart B of part C
 of chapter 62 of the laws of 2011, is amended to read as follows:
   (4) Population excludes the reservation and school  Indian  population
 and  [inmates] INCARCERATED INDIVIDUALS of institutions under the direc-
 tion, supervision or control of the state department of corrections  and
 community supervision and the state department of mental hygiene and the
 [inmates]  INCARCERATED  INDIVIDUALS  of state institutions operated and
 maintained by the office of children and family services.
   § 27. Subdivision 3 of section  127  of  the  state  finance  law,  as
 amended  by  chapter  420  of  the  laws  of 1968, is amended to read as
 follows:
   3. The work of construction,  alteration,  repair  or  improvement  of
 buildings  or  plant  of  any  such state institution may be done by the
 employment of [inmate] INCARCERATED INDIVIDUAL or outside labor,  either
 or  both,  and  by purchase of materials in the open market whenever, in
 the opinion of the comptroller, the department having  jurisdiction  and
 the commissioner of general services, or an authorized representative of
 his  department, such course shall be more advantageous to the state. No
 compensation shall be allowed for the employment of [inmate] INCARCERAT-
 ED INDIVIDUAL labor except convict labor.
   § 28. The closing paragraph of section 135 of the state  finance  law,
 as amended by section 3 of part MM of chapter 57 of the laws of 2008, is
 amended to read as follows:
   Nothing  in this section shall be construed to prevent the authorities
 in charge of any state building, from performing any  such  branches  of
 work  by  or  through  their regular employees, or in the case of public
 institutions, by the [inmates] INCARCERATED INDIVIDUALS thereof.
   § 29. Subdivision (d) of section 484 of the tax  law,  as  amended  by
 section 168 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   (d) The provisions of this article shall not be applicable to any sale
 as  to which the tax imposed by section four hundred seventy-one of this
 chapter is not applicable or to a sale to the department of  corrections
 and  community supervision of this state for sale to or use by [inmates]
 INCARCERATED INDIVIDUALS in institutions under the jurisdiction of  such
 department.
   §  30.  Subdivision  (c) of section 1846 of the tax law, as amended by
 chapter 556 of the laws of 2011, is amended to read as follows:
   (c) In the alternative, the tax commission may dispose  of  any  ciga-
 rettes  seized  pursuant  to this section, except those that violate, or
 are suspected of violating, federal trademark laws or  import  laws,  by
 transferring  them to the department of corrections and community super-
 vision for sale to or use by [inmates] INCARCERATED INDIVIDUALS in  such
 institutions.
   §  31. Subdivision (c) of section 1846-a of the tax law, as amended by
 chapter 556 of the laws of 2011, is amended to read as follows:

 A. 2395                            26
 
   (c) In the alternative, the commissioner may dispose  of  any  tobacco
 products  seized pursuant to this section, except those that violate, or
 are suspected of violating, federal trademark or import laws, by  trans-
 ferring  them to the department of corrections and community supervision
 for  sale to or use by [inmates] INCARCERATED INDIVIDUALS in such insti-
 tutions.
   § 32. Subdivision 6 of section 16 of the workers' compensation law, as
 amended by chapter 550 of the laws  of  1978,  is  amended  to  read  as
 follows:
   6.  If  there  be  a  person  entitled  to  death  benefits  under the
 provisions of this section, who shall  be  under  the  age  of  eighteen
 years,  and  who  shall  be  an  [inmate] INCARCERATED INDIVIDUAL of any
 institution and a public charge upon the department of  social  services
 of  the  city of New York, or any other department or body, the benefits
 allowed hereunder shall be payable to  the  said  department  of  public
 welfare  of  the city of New York or any other department or body to the
 extent of the reasonable charges for the care  and  maintenance,  during
 the  continuance as a public charge in said institution, of said benefi-
 ciary and until the said person shall have attained the age of  eighteen
 years. Any sum or sums remaining after the said payment out of the bene-
 fits  shall be distributed as provided by the other subdivisions of this
 section.
   § 33. Paragraph d of subdivision 2 of section 133 of the labor law, as
 amended by chapter 294 of the laws  of  1967,  is  amended  to  read  as
 follows:
   d.  penal  or correctional institutions, if such employment relates to
 the custody or care of prisoners or [inmates] INCARCERATED INDIVIDUALS;
   § 34. Subdivision 1 of section 168 of the labor  law,  as  amended  by
 section  18  of part AA of chapter 56 of the laws of 2019, is amended to
 read as follows:
   1. This section shall apply to all persons employed by  the  state  in
 the  ward,  cottage,  colony, kitchen and dining room, and guard service
 personnel in any hospital, school, prison, reformatory or other institu-
 tion within or subject to  the  jurisdiction,  supervision,  control  or
 visitation  of  the department of corrections and community supervision,
 the department of health, the department of mental hygiene, the  depart-
 ment  of  social  welfare  or  the division of veterans' services in the
 executive department, and engaged in the performance of such  duties  as
 nursing,  guarding  or attending the [inmates] INCARCERATED INDIVIDUALS,
 patients, wards or other persons kept or housed in such institutions, or
 in protecting and guarding the buildings and/or grounds thereof,  or  in
 preparing or serving food therein.
   §  35.  Subdivision  1  of section 459 of the labor law, as amended by
 section 10 of part CC of chapter 57 of the laws of 2009, is  amended  to
 read as follows:
   1.  A  license  or  certificate,  or the renewal thereof may be denied
 where the commissioner has probable reason to believe,  based  on  know-
 ledge  or  reliable information, or finds, after investigation, that the
 applicant or any officer, servant, agent or employee of the applicant is
 not sufficiently reliable and  experienced  to  be  authorized  to  own,
 possess,  store, transport, use, manufacture, deal in, sell, purchase or
 otherwise handle, as the case may be, explosives, lacks suitable facili-
 ties therefor, has been convicted of a felony, is disloyal or hostile to
 the United States, has been confined as a patient or [inmate]  INCARCER-
 ATED  INDIVIDUAL in a public or private institution for the treatment of
 mental diseases or has been convicted under section four hundred  eight-

 A. 2395                            27
 
 y-four  of the general business law. Whenever the commissioner denies an
 application for a license or certificate or the renewal thereof,  within
 five  days of such denial, notice thereof and the reasons therefor shall
 be  provided in writing to the applicant. Such denial may be appealed to
 the commissioner who shall follow the procedure provided by  subdivision
 four of this section.
   §  36. Paragraph (e) of subdivision 2 of section 563 of the labor law,
 as amended by chapter 413 of the laws of 1991, is  amended  to  read  as
 follows:
   (e) an [inmate] INCARCERATED INDIVIDUAL of a custodial or penal insti-
 tution;
   §  37. Paragraph (g) of subdivision 2 of section 565 of the labor law,
 as added by chapter 675 of the laws of  1977,  is  amended  to  read  as
 follows:
   (g) an [inmate] INCARCERATED INDIVIDUAL of a custodial or penal insti-
 tution.
   §  38. Subparagraph 4 of paragraph (e) of subdivision 1 of section 581
 of the labor law, as amended by chapter 589 of  the  laws  of  1998,  is
 amended to read as follows:
   (4)  An employer's account shall not be charged, and the charges shall
 instead  be made to the general account, for benefits paid to a claimant
 based on base period employment  while  the  claimant  was  an  [inmate]
 INCARCERATED  INDIVIDUAL of a correctional institution and enrolled in a
 work release program, provided that the employment was terminated solely
 because the [inmate] INCARCERATED INDIVIDUAL was required to relocate to
 another area as a condition of parole or the [inmate] INCARCERATED INDI-
 VIDUAL voluntarily   relocated to another area  immediately  upon  being
 released or paroled from such correctional institution.
   §  39.  Subdivision  2  of  section  103 of the transportation law, as
 amended by chapter 72 of the  laws  of  1976,  is  amended  to  read  as
 follows:
   2.  No common carrier subject to the provisions of this chapter shall,
 directly or indirectly, issue or give any free ticket, free pass or free
 transportation for passengers or property  between  points  within  this
 state,  except to its officers, employees, agents, surgeons, physicians,
 attorneys-at-law, and their families; to ministers of religion, officers
 and employees of railroad young men's christian associations,  [inmates]
 INCARCERATED  INDIVIDUALS  of  hospitals,  charitable  and  eleemosynary
 institutions and persons exclusively engaged in charitable and eleemosy-
 nary work; and to indigent, destitute and homeless persons and  to  such
 persons  when  transported by charitable societies or hospitals, and the
 necessary agents employed in such transportation; to [inmates] INCARCER-
 ATED INDIVIDUALS of the national  homes  or  state  homes  for  disabled
 volunteer  soldiers and of soldiers' and sailors' homes, including those
 about to enter and those returning home after discharge, and  boards  of
 managers  of such homes; to necessary caretakers of property in transit;
 to employees of sleeping-car companies, express companies, telegraph and
 telephone companies doing business along the line of the issuing  carri-
 er;  to  railway  mail  service  employees, post-office inspectors, mail
 carriers in uniform, customs inspectors and immigration  inspectors;  to
 newspaper  carriers  on  trains, baggage agents, witnesses attending any
 legal investigation or proceeding in which the common carrier is  inter-
 ested,  persons injured in accidents or wrecks and physicians and nurses
 attending such persons; to the carriage free  or  at  reduced  rates  of
 persons  or  property  for the United States, state or municipal govern-

 A. 2395                            28
 
 ments, or of property to or from fairs and expositions for exhibit ther-
 eat.
   § 40. Paragraph (i) of subdivision 3 of section 503 of the vehicle and
 traffic  law,  as amended by chapter 548 of the laws of 1986, is amended
 to read as follows:
   (i) is an [inmate] INCARCERATED INDIVIDUAL in an institution under the
 jurisdiction of a state department or agency, or
   § 41. Subdivision 5 of section 1809 of the vehicle and traffic law, as
 amended by chapter 385 of the laws  of  1999,  is  amended  to  read  as
 follows:
   5. When a person who is convicted of a crime or traffic infraction and
 sentenced  to  a  term  of  imprisonment has failed to pay the mandatory
 surcharge or crime victim assistance fee required by this  section,  the
 clerk  of  the  court  or  the administrative tribunal that rendered the
 conviction shall notify the superintendent or the municipal official  of
 the  facility  where  the  person is confined. The superintendent or the
 municipal official shall cause any amount owing  to  be  collected  from
 such  person  during  his OR HER term of imprisonment from moneys to the
 credit of an [inmates'] INCARCERATED INDIVIDUALS' fund or such moneys as
 may be earned by a person in a work release program pursuant to  section
 eight  hundred  sixty  of  the correction law. Such moneys shall be paid
 over to the state comptroller to the  credit  of  the  criminal  justice
 improvement  account established by section ninety-seven-bb of the state
 finance law, except that any such moneys collected which are  surcharges
 or  crime  victim  assistance  fees  levied  in  relation to convictions
 obtained in a town or village justice court shall be paid within  thirty
 days  after the receipt thereof by the superintendent or municipal offi-
 cial of the facility to the justice of the court in which the conviction
 was obtained. For the purposes of collecting such mandatory surcharge or
 crime victim assistance fee, the state shall be legally entitled to  the
 money  to  the credit of an [inmates'] INCARCERATED INDIVIDUALS' fund or
 money which is earned by an [inmate] INCARCERATED INDIVIDUAL in  a  work
 release  program. For purposes of this subdivision, the term "[inmates']
 INCARCERATED INDIVIDUALS' fund" shall mean moneys in the  possession  of
 an  [inmate]  INCARCERATED  INDIVIDUAL at the time of his admission into
 such facility, funds earned by him OR HER as provided for in section one
 hundred eighty-seven of the correction law and any other funds  received
 by  him  OR  HER  or on his OR HER behalf and deposited with such super-
 intendent or municipal official.
   § 42. Subdivision 3 of section 11-0707 of the environmental  conserva-
 tion  law, as amended by section 20 of part AA of chapter 56 of the laws
 of 2019, is amended to read as follows:
   3. Any person who is a patient at any facility  in  this  state  main-
 tained  by  the  United  States Veterans Health Administration or at any
 hospital or sanitorium for treatment of tuberculosis maintained  by  the
 state  or  any  municipal corporation thereof or resident patient at any
 institution of the department of Mental Hygiene, or resident patient  at
 the  rehabilitation hospital of the department of Health, or at any rest
 camp maintained by the state through the Division of Veterans'  Services
 in the Executive Department or any [inmate] INCARCERATED INDIVIDUAL of a
 conservation  work  camp within the youth rehabilitation facility of the
 department of corrections and community  supervision,  or  any  [inmate]
 INCARCERATED  INDIVIDUAL  of a youth opportunity or youth rehabilitation
 center within the Office of Children and Family Services,  any  resident
 of  a  nursing  home  or  residential health care facility as defined in
 subdivisions two and three of section twenty-eight hundred  one  of  the

 A. 2395                            29
 
 public  health  law,  or  any  staff member or volunteer accompanying or
 assisting one or more residents of  such  nursing  home  or  residential
 health  care  facility  on  an outing authorized by the administrator of
 such  nursing  home or residential health care facility may take fish as
 if he or she held a fishing license, except that he or she may not  take
 bait  fish  by  net  or  trap,  if he or she has on his or her person an
 authorization upon a form furnished by the  department  containing  such
 identifying information and data as may be required by it, and signed by
 the  superintendent  or other head of such facility, institution, hospi-
 tal, sanitarium, nursing home, residential health care facility or  rest
 camp,  as  the case may be, or by a staff physician thereat duly author-
 ized so to do by the superintendent or other head thereof. Such authori-
 zation with  respect  to  [inmates]  INCARCERATED  INDIVIDUALS  of  said
 conservation work camps shall be limited to areas under the care, custo-
 dy and control of the department.
   §  43.  Subdivision  1  of  section 10 of the public buildings law, as
 amended by section 127-r of subpart B of part C of  chapter  62  of  the
 laws of 2011, is amended to read as follows:
   1. Except as provided in subdivision two of this section, whenever the
 head  of any agency, board, division or commission, with the approval of
 the director of the budget, (a) shall certify  to  the  commissioner  of
 general  services that any property on state land or on land under lease
 to the state and  consisting  of  buildings  with  or  without  fixtures
 attached thereto, and any other improvements upon such lands, are unfit,
 not  adapted  or  not  needed for use by such agency, board, division or
 commission and (b) shall recommend for reasons to be  stated,  that  the
 said  property  should  be  disposed  of,  the  commissioner  of general
 services shall, after causing an investigation to be  made,  dispose  of
 said  property  by  sale  or  demolition as will best promote the public
 interest. Public notice of a proposed sale where the value of the  prop-
 erty  to  be sold exceeds five thousand dollars shall be given by adver-
 tising at least once in a  newspaper  published  and  having  a  general
 circulation  in  the  county in which such lands are located and in such
 other newspaper or newspapers as the commissioner  of  general  services
 may  deem  to  be  necessary.  Such  advertisement  shall give a general
 description and location of the property and the terms of the  sale  and
 the date on which proposals for the same will be received by the commis-
 sioner of general services.  Should any or all of the offers so received
 be  deemed  by the commissioner of general services to be too low, he or
 she may dispose of such property so advertised at  private  sale  within
 ninety  days  of  the opening of the bids, provided that no such private
 sale shall be consummated at a price lower  than  that  submitted  as  a
 result of public advertising. The commissioner of general services shall
 also  have the power to demolish such property either by contract or, if
 such property is located on lands which are under  the  jurisdiction  of
 the  department  of  corrections  and community supervision, the work of
 such demolition may be done by the [inmates] INCARCERATED INDIVIDUALS of
 the institution where such property is located,  provided  however  that
 the  commissioner of corrections and community supervision shall consent
 to the employment of the [inmates] INCARCERATED INDIVIDUALS for the work
 of demolition. The provisions of this  subdivision  shall  be  effective
 notwithstanding  the  provisions  of  any  other  general or special law
 relating to the disposal of buildings with the fixtures attached thereto
 or of any improvements upon lands belonging to or  under  lease  to  the
 state,  and  any such statute or parts thereof relating to such disposal
 of buildings, fixtures and improvements insofar as they are inconsistent

 A. 2395                            30
 
 with the provisions of this section are hereby superseded.  A record  of
 any  such  sale shall be filed with the state agency head above referred
 to and the proceeds of such sale or disposal  shall  be  paid  into  the
 treasury of the state to the credit of the capital projects fund.
   §  44.  Section  19 of the public buildings law, as amended by chapter
 420 of the laws of 1968, is amended to read as follows:
   § 19.  Manner of doing work  or  acquiring  material.    The  work  of
 construction,  reconstruction,  alteration, repair or improvement of any
 state building, whether constructed or to be constructed, may be done by
 the employment of [inmate] INCARCERATED INDIVIDUALS or outside labor  or
 both and by the purchase of materials in the open market whenever in the
 opinion  of  the  department having jurisdiction over such building, and
 the commissioner of general services or his OR HER authorized  represen-
 tative,  such  a  course  shall be deemed advantageous to the state, and
 only upon plans and  specifications  prepared  by  the  commissioner  of
 general  services,  but no compensation shall be allowed for the employ-
 ment of [inmate] INCARCERATED INDIVIDUAL labor except convict labor.
   § 45. Subdivision 1 of section 140 of the  public  buildings  law,  as
 amended  by  chapter  510  of  the  laws  of 2004, is amended to read as
 follows:
   1. It shall be the duty of  each  superintendent  or  chief  executive
 officer  of  each of the public institutions and buildings of the state,
 supported wholly or partly by the funds of the state,  to  provide  that
 the  following regulations for the protection of the [inmates] INCARCER-
 ATED INDIVIDUALS of said buildings and the buildings be  complied  with:
 There  shall  be  provided  a  sufficient  number  of  stand-pipes, with
 connections or outlets on each floor, and sufficient fire hose to  prop-
 erly  protect the entire floor surface.  Sufficient portable fire extin-
 guishers shall be provided on each floor of  each  building  to  provide
 adequate  fire  protection.  All  fire hose shall be inspected under the
 direction of the engineer at least once every six months  and  shall  be
 maintained  at  all  times  in  proper condition. On each floor of every
 public building having two or more stories where the rooms are connected
 by an interior hallway, there shall be posted by each stairway, elevator
 or other means of egress, a printed scale floor plan of that  particular
 story,  which  shall show all means of egress, clearly labeling those to
 be used in case of fire. Such posted floor plan shall  clearly  indicate
 exits  which  would  be  accessible for a person having a disability, as
 such term is defined in subdivision twenty-one of  section  two  hundred
 ninety-two  of  the executive law. Such floor plan shall be posted in at
 least two other conspicuous areas through the building. Said floor  plan
 shall  be no smaller than eight inches by ten inches and shall be posted
 in such a manner that it cannot be readily removed. Unless exit doors at
 floor level are provided at fire escapes suitable steps must be provided
 under other openings used as exits to fire  escapes  which  are  not  at
 floor  level.  Painters'  supplies  and inflammable liquids of all kinds
 must not be stored in buildings  occupied  by  wards  of  the  state  or
 employees.  All  attics  and basements must be constantly kept free from
 rubbish or articles not necessary to the proper conduct of the  institu-
 tion or building, and must be regularly swept, cleaned and all broken or
 needless articles promptly removed.
   §  46.  Subdivision  26  of  section  206 of the public health law, as
 amended by section 127-t of subpart B of part C of  chapter  62  of  the
 laws of 2011, is amended to read as follows:
   26.  The  commissioner is hereby authorized and directed to review any
 policy or practice instituted in facilities operated by  the  department

 A. 2395                            31
 
 of  corrections and community supervision, and in all local correctional
 facilities, as defined in subdivision sixteen  of  section  two  of  the
 correction  law,  regarding human immunodeficiency virus (HIV), acquired
 immunodeficiency  syndrome  (AIDS),  and hepatitis C (HCV) including the
 prevention of the transmission of HIV and HCV and the treatment of AIDS,
 HIV and HCV among [inmates] INCARCERATED INDIVIDUALS.  Such review shall
 be performed annually and shall focus on whether such HIV, AIDS  or  HCV
 policy  or  practice  is  consistent  with  current,  generally accepted
 medical standards and procedures used to prevent the transmission of HIV
 and HCV and to treat AIDS, HIV and HCV  among  the  general  public.  In
 performing  such reviews, in order to determine the quality and adequacy
 of care and treatment provided, department personnel are  authorized  to
 enter  correctional  facilities and inspect policy and procedure manuals
 and medical protocols, interview health services providers and  [inmate]
 INCARCERATED INDIVIDUAL-patients, review medical grievances, and inspect
 a  representative  sample  of  medical records of [inmates] INCARCERATED
 INDIVIDUALS known to be infected with HIV or HCV or have AIDS. Prior  to
 initiating  a  review  of  a correctional system, the commissioner shall
 inform the public, including patients, their families and patient  advo-
 cates,  of  the  scheduled review and invite them to provide the commis-
 sioner with relevant information. Upon the completion  of  such  review,
 the  department  shall,  in  writing, approve such policy or practice as
 instituted in facilities operated by the department of  corrections  and
 community supervision, and in any local correctional facility, or, based
 on   specific,   written   recommendations,  direct  the  department  of
 corrections and community supervision, or the authority responsible  for
 the  provision  of medical care to [inmates] INCARCERATED INDIVIDUALS in
 local correctional facilities to prepare and implement a corrective plan
 to address deficiencies in areas where such policy or practice fails  to
 conform to current, generally accepted medical standards and procedures.
 The  commissioner  shall  monitor  the implementation of such corrective
 plans and shall conduct such further reviews as the  commissioner  deems
 necessary  to  ensure  that identified deficiencies in HIV, AIDS and HCV
 policies and practices are corrected. All written reports pertaining  to
 reviews provided for in this subdivision shall be maintained, under such
 conditions  as  the  commissioner shall prescribe, as public information
 available for public inspection.
   § 47. Subdivision 2 of section  579  of  the  public  health  law,  as
 amended  by section 128 of subpart B of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   2. This title shall not be applicable to and the department shall  not
 have  the  power to regulate pursuant to this title: (a) any examination
 performed by a state or local government of materials derived  from  the
 human body for use in criminal identification or as evidence in a crimi-
 nal  proceeding  or  for  investigative purposes; (b) any test conducted
 pursuant to paragraph (c) of subdivision four of section eleven  hundred
 ninety-four of the vehicle and traffic law and paragraph (c) of subdivi-
 sion  eight of section 25.24 of the parks, recreation and historic pres-
 ervation law; (c) any examination performed by a state or  local  agency
 of  materials derived from the body of an [inmate] INCARCERATED INDIVID-
 UAL, pretrial releasee, parolee, conditional releasee or probationer  to
 (i)  determine, measure or otherwise describe the presence or absence of
 any substance whose possession, ingestion or use is prohibited  by  law,
 the  rules  of  the department of corrections and community supervision,
 the conditions of release established by the board of parole, the condi-
 tions of release established by a court or a local  conditional  release

 A. 2395                            32
 
 commission  or  the  conditions of any program to which such individuals
 are referred and (ii) to determine whether there has  been  a  violation
 thereof;  or (d) any examination performed by a coroner or medical exam-
 iner  for  the  medical-legal  investigation  of a death. Nothing herein
 shall prevent the department from consulting with the division of crimi-
 nal justice services, the department of corrections and community super-
 vision, the state police, or any other state agency  or  commission,  at
 the request of the division of criminal justice services, the department
 of  corrections  and  community  supervision,  the state police, or such
 other agency or commission,  concerning  examination  of  materials  for
 purposes other than public health.
   § 48. Intentionally omitted.
   §  49.  Subdivision  3  of  section  2122  of the public health law is
 amended to read as follows:
   3. The authorities of the institution to which such person is  commit-
 ted  by  the magistrate pursuant to the provisions of this section shall
 keep such person separate and apart from the other [inmates] INCARCERAT-
 ED INDIVIDUALS.
   § 50. Paragraph (a) of subdivision 10 of section 2140  of  the  public
 health  law,  as added by chapter 180 of the laws of 2002, is amended to
 read as follows:
   (a) as an [inmate] INCARCERATED INDIVIDUAL of  any  state  or  federal
 prison, or
   §  51.  Subdivision  3  of  section  2200  of the public health law is
 amended to read as follows:
   3. Qualification on residence. The continuous  residence  required  to
 acquire  either state residence or local residence shall not include any
 period during which the person was (a) a patient in a hospital,  or  (b)
 an  [inmate] INCARCERATED INDIVIDUAL of any public institution, incorpo-
 rated private institution, or  private  tuberculosis  home,  cottage  or
 hospital,  or (c) residing on any military reservation. If, however, the
 periods of residence immediately prior and  subsequent  to  the  periods
 specified  in  (a), (b), or (c) shall together equal the required period
 of residence, such person shall be deemed to have the  required  contin-
 uous residence.
   § 52. Intentionally omitted.
   §  53.  Paragraph (a-1) of subdivision 1 and paragraph (o) of subdivi-
 sion 11 of section 2807-c of the public health law, paragraph  (a-1)  of
 subdivision  1  as  amended by chapter 639 of the laws of 1996 and para-
 graph (o) of subdivision 11 as amended by chapter 731  of  the  laws  of
 1993, are amended to read as follows:
   (a-1)  Payments  made by local governmental agencies to general hospi-
 tals for  reimbursement  of  inpatient  hospital  services  provided  to
 [inmates]  INCARCERATED  INDIVIDUALS of local correctional facilities as
 defined in subdivision sixteen of section  two  of  the  correction  law
 shall be at the rates of payment determined pursuant to this section for
 state  governmental agencies, excluding adjustments pursuant to subdivi-
 sion fourteen-f of this section.
   (o) No general hospital shall refuse to provide hospital services to a
 person presented or proposed to  be  presented  for  admission  to  such
 general  hospital  by  a  representative of a correctional facility or a
 local correctional facility  as  defined  respectively  in  subdivisions
 four,  fifteen  and  sixteen  of section two of the correction law based
 solely on the grounds such person is an [inmate] INCARCERATED INDIVIDUAL
 of such correctional facility or local correctional facility. No general
 hospital may demand or request any charge for hospital services provided

 A. 2395                            33
 
 to such person in addition to the charges or rates authorized in accord-
 ance with this article, except for charges for  identifiable  additional
 hospital  costs associated with or reasonable additional charges associ-
 ated with security arrangements for such person.
   §  53-a.  Paragraph  (a-1)  of  subdivision 1 of section 2807-c of the
 public health law, as amended by chapter 731 of the  laws  of  1993,  is
 amended to read as follows:
   (a-1)  Payments  made by local governmental agencies to general hospi-
 tals for  reimbursement  of  inpatient  hospital  services  provided  to
 [inmates]  INCARCERATED  INDIVIDUALS of local correctional facilities as
 defined in subdivision sixteen of section  two  of  the  correction  law
 shall be at the rates of payment determined pursuant to this section for
 state governmental agencies.
   §  54.  Subdivisions  1,  2 and 4 of section 4165 of the public health
 law, as amended by chapter 384 of the laws of 1971, are amended to  read
 as follows:
   1.  Directors, superintendents, managers or other persons in charge of
 hospitals, homes for indigents, lying-in or other  institutions,  public
 or  private,  to  which  persons  resort  for  treatment  of diseases or
 confinement, or to which persons are committed by process of law,  shall
 make,  at the time of their admittance, a record of all the personal and
 statistical particulars relative to the patients and [inmates] INCARCER-
 ATED INDIVIDUALS in their institutions, which are required in the  forms
 of  the  certificate  provided  for  by  this article as directed by the
 commissioner.
   2. The personal particulars and information required by  this  section
 shall  be obtained from the patient or [inmate] INCARCERATED INDIVIDUAL,
 if it is practicable to do so; and when they cannot be so obtained, they
 shall be obtained in as complete a manner as  possible  from  relatives,
 friends, or other persons acquainted with the facts.
   4.  The  records  of  patients  or  [inmates] INCARCERATED INDIVIDUALS
 obtained in accordance with this section shall not be sold to any person
 for promotional or profit-making purposes without the written consent of
 such patient or [inmate] INCARCERATED INDIVIDUAL or the written  consent
 of  the  legal  representative  of such patient or [inmate] INCARCERATED
 INDIVIDUAL.
   § 55. Subdivision 4 of section 4174  of  the  public  health  law,  as
 amended  by  chapter  323  of  the  laws  of 2016, is amended to read as
 follows:
   4. No fee shall be charged for a search,  certification,  certificate,
 certified copy or certified transcript of a record to be used for school
 entrance,  employment  certificate  or  for purposes of public relief or
 when required by the veterans administration to be used  in  determining
 the eligibility of any person to participate in the benefits made avail-
 able  by  the  veterans  administration  or  when required by a board of
 elections for the purposes of  determining  voter  eligibility  or  when
 requested  by the department of corrections and community supervision or
 a local correctional facility  as  defined  in  subdivision  sixteen  of
 section  two of the correction law for the purpose of providing a certi-
 fied copy or certified transcript of birth to an  [inmate]  INCARCERATED
 INDIVIDUAL  in anticipation of such [inmate's] INCARCERATED INDIVIDUAL'S
 release from custody or to obtain a death certificate  to  be  used  for
 administrative  purposes for an [inmate] INCARCERATED INDIVIDUAL who has
 died under custody or when requested by the office of children and fami-
 ly services or an authorized agency  for  the  purpose  of  providing  a
 certified copy or certified transcript of birth to a youth placed in the

 A. 2395                            34
 
 care  and  custody or custody and guardianship of the local commissioner
 of social services or the care and custody or custody  and  guardianship
 of  the  office  of children and family services in anticipation of such
 youth's discharge from placement or foster care.
   § 56. Section 4179 of the public health law, as amended by chapter 323
 of the laws of 2016, is amended to read as follows:
   §  4179.  Vital  records;  fees; city of New York. Notwithstanding the
 provisions of paragraph one of subdivision a of section  207.13  of  the
 health  code  of  the  city  of New York, the department of health shall
 charge, and the applicant shall pay, for a  search  of  two  consecutive
 calendar  years  under  one  name  and  the issuance of a certificate of
 birth, death or termination of pregnancy, or a certification of birth or
 death, or a certification that the record cannot  be  found,  a  fee  of
 fifteen dollars for each copy. Provided, however, that no such fee shall
 be  charged when the department of corrections and community supervision
 or a local correctional facility as defined in  subdivision  sixteen  of
 section  two  of  the  correction law requests a certificate of birth or
 certification of birth for the purpose of providing such certificate  of
 birth  or  certification of birth to an [inmate] INCARCERATED INDIVIDUAL
 in anticipation of such  [inmate's]  INCARCERATED  INDIVIDUAL'S  release
 from custody or to obtain a death certificate to be used for administra-
 tive purposes for an [inmate] INCARCERATED INDIVIDUAL who has died under
 custody or when the office of children and family services or an author-
 ized  agency  requests a certified copy or certified transcript of birth
 for a youth placed in the custody of the local  commissioner  of  social
 services  or  the  custody of the office of children and family services
 pursuant to article three of the family court act  for  the  purpose  of
 providing  such  certified copy or certified transcript of birth to such
 youth in anticipation of discharge from placement.
   § 57. Section 70 of the general municipal law, as amended  by  section
 116 of subpart B of part C of chapter 62 of the laws of 2011, is amended
 to read as follows:
   § 70. Payment of judgments against municipal corporation. When a final
 judgment  for  a  sum  of  money  shall be recovered against a municipal
 corporation, and the execution thereof shall not be stayed  pursuant  to
 law,  or  the  time  for  such stay shall have expired, the treasurer or
 other financial officer of such corporation having sufficient moneys  in
 his OR HER hands belonging to the corporation not otherwise specifically
 appropriated, shall pay such judgment upon the production of a certified
 copy  of the docket thereof. Notwithstanding the provisions of any other
 law to the contrary, in any case where payment for any reason is  to  be
 made to an [inmate] INCARCERATED INDIVIDUAL serving a sentence of impri-
 sonment  with  the  state department of corrections and community super-
 vision or to a prisoner confined at a local correctional  facility,  the
 treasurer  or  other  financial  officer  shall  give written notice, if
 required pursuant to subdivision two of section six hundred thirty-two-a
 of the executive law, to the office of victim services that such payment
 shall be made thirty days after the date of such notice.
   § 58. Section 87 of the general municipal law, as amended  by  chapter
 555 of the laws of 1978, is amended to read as follows:
   §  87.  Support  and maintenance of charitable and other institutions.
 Boards of estimate and apportionment, common councils, boards of  alder-
 men,  boards of supervisors, town boards, boards of trustees of villages
 and all  other  boards  or  officers  of  counties,  cities,  towns  and
 villages,  authorized  to appropriate and to raise money by taxation and
 to make payments therefrom, are hereby authorized, in their  discretion,

 A. 2395                            35
 
 to  appropriate and to raise money by taxation and to make payments from
 said moneys, and from any moneys received  from  any  other  source  and
 properly  applicable  thereto, to charitable, eleemosynary, correctional
 and reformatory institutions wholly or partly under private control, for
 the  care, support and maintenance of their [inmates] INCARCERATED INDI-
 VIDUALS and out-patients, of the moneys which are or may be appropriated
 therefor; such payments to be made only for such [inmates]  INCARCERATED
 INDIVIDUALS as are received and retained therein pursuant to regulations
 established  by  the  state department of social services or other state
 department having the power of inspection thereof. In the absence within
 the state of adequate facilities conveniently accessible,  payments  for
 the  support, care and maintenance of [inmates] INCARCERATED INDIVIDUALS
 and out-patients may be made to institutions,  wholly  or  partly  under
 private  control,  of  a  charitable  or eleemosynary character, located
 without the state, which institutions if located within the state  would
 be  subject to the visitation, inspection and supervision of the depart-
 ment of social services. However, such payments  may  be  made  only  to
 institutions  conducted  in  conformity  with  the  regulations  of such
 department.
   § 59. Subdivision 2 of section 101 of the general  municipal  law,  as
 added by chapter 861 of the laws of 1953, is amended to read as follows:
   2.  Such  specifications  shall  be drawn so as to permit separate and
 independent bidding upon each of the above three subdivisions  of  work.
 All  contracts  awarded  by  any political subdivision or by an officer,
 board or agency thereof, or of any district therein, for  the  erection,
 construction,  reconstruction  or  alteration  of buildings, or any part
 thereof, shall award the three subdivisions of the above specified  work
 separately  in  the manner provided by section one hundred three of this
 [chapter] ARTICLE. Nothing in this section shall be construed to prevent
 any political subdivision from performing any such branches of  work  by
 or  through  their  regular  employees,  or in the case of public insti-
 tutions, by the [inmates] INCARCERATED INDIVIDUALS thereof.
   § 60. Intentionally omitted.
   § 61. Intentionally omitted.
   § 62. Paragraph (e) of subdivision 2 of section  148  of  the  general
 municipal  law,  as added by chapter 871 of the laws of 1948, is amended
 to read as follows:
   (e) The board of supervisors of the  county  of  which  such  deceased
 person  was a resident at the time of his or her death is hereby author-
 ized and directed to audit the account and  pay  the  expenses  of  such
 burial  and  headstone, and a reasonable sum for the services and neces-
 sary expenses of the person or commission so designated.  In  case  such
 person shall be at the time of his or her death an [inmate] INCARCERATED
 INDIVIDUAL  of  any  state  institution,  including  state hospitals and
 soldiers'  homes,  or  any  institution,  supported  by  the  state  and
 supported  by  public  expense  therein,  the expense of such burial and
 headstone shall be a charge upon the county of his or  her  legal  resi-
 dence.
   §  63. Section 207-n of the general municipal law, as added by chapter
 622 of the laws of 1997, is amended to read as follows:
   § 207-n. Performance of duty disability retirement.    Notwithstanding
 the  provisions  of  any general, special or local law or administrative
 code to the contrary, but  except  for  the  purposes  of  the  workers'
 compensation law and the labor law, a paid member of the uniformed force
 of  a  paid  correction department, where such paid member is drawn from
 competitive civil service lists,  who  successfully  passed  a  physical

 A. 2395                            36

 examination  on entry into the service of such department, who contracts
 HIV (where there may have been exposure to a bodily fluid of an [inmate]
 INCARCERATED INDIVIDUAL or any person confined in an  institution  under
 the  jurisdiction  of  the  department  of  [correction] CORRECTIONS AND
 COMMUNITY SUPERVISION, or the department of health, or  any  person  who
 has  been  committed  to  such institution by any court as a natural and
 proximate result of an act of any [inmate]  INCARCERATED  INDIVIDUAL  or
 person  described above, that may have involved transmission of a speci-
 fied transmissible disease from an [inmate] INCARCERATED  INDIVIDUAL  or
 person described above to the member), tuberculosis or hepatitis will be
 presumed to have contracted such disease in the performance or discharge
 of  his  or  her  duties,  unless  the  contrary  be proved by competent
 evidence.
   § 64. Intentionally omitted.
   § 65. Paragraph (b) of subdivision 1 of section 671 of the county law,
 as amended by chapter 491 of the laws of 1987, is  amended  to  read  as
 follows:
   (b) shall make inquiry into all deaths whether natural or unnatural in
 his  OR HER county occurring to an [inmate] INCARCERATED INDIVIDUAL of a
 correctional facility as defined by subdivision three of  section  forty
 of  the  correction  law,  whether or not the death occurred inside such
 facility.
   § 66. Subdivision 5 of section 674 of the county law,  as  amended  by
 chapter 490 of the laws of 2015, is amended to read as follows:
   5.  Notwithstanding section six hundred seventy of this article or any
 other provision of law, the  coroner,  coroner's  physician  or  medical
 examiner  shall promptly perform or cause to be performed an autopsy and
 to prepare an autopsy report which shall include a toxicological  report
 and  any  report of any examination or inquiry with respect to any death
 occurring within his OR HER county to an [inmate] INCARCERATED  INDIVID-
 UAL  of  a  correctional  facility  as  defined  by subdivision three of
 section forty of the correction law, whether or not the  death  occurred
 inside such facility.
   §  67.  Subdivision  6 of section 677 of the county law, as amended by
 chapter 490 of the laws of 2015, is amended to read as follows:
   6. Notwithstanding section six hundred seventy of this article or  any
 other  provision  of  law,  the  coroner, coroner's physician or medical
 examiner shall promptly provide the chairman of the  correction  medical
 review  board  and  the commissioner of corrections and community super-
 vision with copies of any autopsy report, toxicological  report  or  any
 report  of any examination or inquiry prepared with respect to any death
 occurring to an  [inmate]  INCARCERATED  INDIVIDUAL  of  a  correctional
 facility  as  defined  by  subdivision  three  of  section  forty of the
 correction law within his OR HER county; and shall promptly provide  the
 executive  director  of  the justice center for the protection of people
 with special needs with copies of any autopsy report, toxicology  report
 or any report of any examination or inquiry prepared with respect to the
 death  of any service recipient occurring while he or she was a resident
 in any facility operated, licensed or certified by any agency within the
 department  of  mental  hygiene,  the  office  of  children  and  family
 services, the department of health or the state education department. If
 the  toxicological  report  is  prepared  pursuant  to  any agreement or
 contract with any person, partnership, corporation or governmental agen-
 cy with the coroner or medical examiner, such report shall  be  promptly
 provided  to  the  chairman  of the correction medical review board, the
 commissioner of corrections and community supervision or  the  executive

 A. 2395                            37
 
 director  of the justice center for people with special needs, as appro-
 priate, by such person, partnership, corporation or governmental agency.
   § 68. Intentionally omitted.
   § 69. Intentionally omitted.
   §  70.  Paragraph  b  of subdivision 1 of section 272 of the education
 law, as amended by section 88 of subpart B of part C of  chapter  62  of
 the laws of 2011, is amended to read as follows:
   b.  The  "area  served" by a public library system for the purposes of
 this article shall  mean  the  area  which  the  public  library  system
 proposes  to  serve  in its approved plan of service. In determining the
 population of the area served by the public  library  system  the  popu-
 lation shall be deemed to be that shown by the latest federal census for
 the  political subdivisions in the area served. Such population shall be
 certified in the same manner as provided by section  fifty-four  of  the
 state finance law except that such population shall include the reserva-
 tion and school Indian population and [inmates] INCARCERATED INDIVIDUALS
 of state institutions under the direction, supervision or control of the
 state  department  of  corrections  and community supervision, the state
 department of mental hygiene and the state department of social welfare.
 In the event that any of the political  subdivisions  receiving  library
 service  are  included  within a larger political subdivision which is a
 part of the public library system the population used for  the  purposes
 of  computing  state aid shall be the population of the larger political
 subdivision, provided however,  that  where  any  political  subdivision
 within a larger political subdivision shall have taken an interim census
 since  the  last  census  taken of the larger political subdivision, the
 population of the  larger  political  subdivision  may  be  adjusted  to
 reflect  such  interim census and, as so adjusted, may be used until the
 next census of such larger political subdivision. In the event that  the
 area  served  is not coterminous with a political subdivision, the popu-
 lation of which is shown on such census, or the area in square miles  of
 which is available from official sources, such population and area shall
 be  determined,  for the purpose of computation of state aid pursuant to
 section two hundred seventy-three of this part by applying to the  popu-
 lation and area in square miles of such political subdivision, the ratio
 which exists between the assessed valuation of the portion of such poli-
 tical subdivision included within the area served and the total assessed
 valuation of such political subdivision.
   §  71.  Section  285  of the education law, as amended by section 6 of
 part O of chapter 57 of the laws of 2005, is amended to read as follows:
   § 285. State aid for cooperation with correctional facilities. 1. Each
 public library system operating under an approved plan of service  which
 has  a  state  correctional  facility  or  facilities within its area of
 service shall be awarded an annual grant  of  nine  dollars  twenty-five
 cents  per capita for the [inmate] INCARCERATED INDIVIDUAL population of
 such facility or facilities to make available to the [inmate]  INCARCER-
 ATED  INDIVIDUAL  population  of  such facility or facilities, in direct
 coordination with the correctional  facilities  libraries,  the  library
 resources  of  such system. The commissioner shall adopt any regulations
 necessary to carry out the purposes and provisions of this subdivision.
   2. The commissioner is authorized to expend up to one  hundred  seven-
 ty-five  thousand  dollars  annually to provide grants to public library
 systems operating under an approved plan of  service  for  provision  of
 services to county jail facilities. Such formula grants shall assist the
 library system in making available to the [inmate] INCARCERATED INDIVID-
 UAL  population  of such facility or facilities the library resources of

 A. 2395                            38
 
 such system. Such grants shall  be  available  to  each  public  library
 system  in  such  manner  as to insure that the ratio of the amount each
 system is eligible  to  receive  equals  the  ratio  of  the  number  of
 [inmates] INCARCERATED INDIVIDUALS served by the county jail facility to
 the  total number of [inmates] INCARCERATED INDIVIDUALS served by county
 jail facilities in the state as of July first of the year preceding  the
 calendar  year in which the state aid to public library systems is to be
 paid. [Inmate] INCARCERATED INDIVIDUAL populations shall be certified by
 the New York state commission  of  correction.  The  commissioner  shall
 adopt any regulations necessary to carry out the purposes and provisions
 of this subdivision.
   §  72.  Subdivision 3 of section 2016 of the education law, as amended
 by chapter 801 of the laws of 1953, is amended to read as follows:
   3. An affidavit by any officer or employee of the board  of  education
 or  any police officer, sheriff or deputy sheriff that he OR SHE visited
 the premises claimed by the applicant as his OR HER residence, and  that
 he  OR  SHE interrogated an [inmate] INCARCERATED INDIVIDUAL, housedwel-
 ler, keeper or caretaker, owner,  proprietor,  or  landlord  thereof  or
 therein, as to the applicant's residence therein or thereat, and that he
 OR  SHE  was  informed by one or more of such persons, naming them, that
 they knew the persons residing upon such premises and that the applicant
 did not reside upon such premises thirty  days  before  the  meeting  or
 election shall be presumptive evidence against the right of the voter to
 register from such premises.
   §  73.  Subdivision (h) of section 19.07 of the mental hygiene law, as
 amended by section 118-f of subpart B of part C of  chapter  62  of  the
 laws of 2011, is amended to read as follows:
   (h)  The office of alcoholism and substance abuse services shall moni-
 tor programs providing care  and  treatment  to  [inmates]  INCARCERATED
 INDIVIDUALS  in  correctional  facilities  operated by the department of
 corrections and community supervision who have a history of  alcohol  or
 substance  abuse or dependence. The office shall also develop guidelines
 for the operation of alcohol and substance abuse treatment  programs  in
 such  correctional  facilities  in  order  to  ensure that such programs
 sufficiently meet the needs of [inmates] INCARCERATED INDIVIDUALS with a
 history of alcohol or substance abuse  or  dependence  and  promote  the
 successful  transition  to  treatment  in the community upon release. No
 later than the first day of December of  each  year,  the  office  shall
 submit  a report regarding the adequacy and effectiveness of alcohol and
 substance  abuse  treatment  programs  operated  by  the  department  of
 corrections  and  community  supervision  to the governor, the temporary
 president of the senate, the speaker of the assembly,  the  chairman  of
 the  senate  committee  on  crime victims, crime and correction, and the
 chairman of the assembly committee on correction.
   § 74. Section 29.27 of the mental hygiene law, as added by chapter 766
 of the laws of 1976, subdivision (c) as amended by chapter  789  of  the
 laws  of  1985,  subdivisions  (e),  (f), (g), (i) and (j) as amended by
 section 118-h of subpart B of part C of chapter 62 of the laws of  2011,
 is amended to read as follows:
 § 29.27 [Inmate]  INCARCERATED INDIVIDUAL-patients placed in the custody
           of the department.
   (a) As used in this section, the term "[inmate] INCARCERATED  INDIVID-
 UAL-patient"  means  a  person  committed  pursuant to the provisions of
 article sixteen of the correction law to the custody of  the  department
 of mental hygiene for care and treatment.

 A. 2395                            39
 
   (b)  The  commissioner shall provide a facility or facilities in which
 [inmate] INCARCERATED INDIVIDUAL-patients may be retained for  care  and
 treatment.
   (c)  An  [inmate]  INCARCERATED INDIVIDUAL-patient may be retained for
 care and treatment in the facility designated by  the  commissioner  for
 the  period  stated  in  the  order committing the [inmate] INCARCERATED
 INDIVIDUAL-patient to the custody of the department unless sooner trans-
 ferred or discharged in accordance with law. If the [inmate] INCARCERAT-
 ED INDIVIDUAL-patient requires inpatient care and treatment  for  mental
 illness  beyond  such  authorized  period,  the director of the facility
 where he OR SHE is kept in custody shall apply for an order of retention
 or subsequent orders of retention in accordance with the procedures  set
 forth in article nine of this chapter for the retention of patients. The
 provisions  of  this  chapter  applying  to  the rights of patients with
 respect to notices, hearings, judicial review, writ  of  habeas  corpus,
 and  the  services  of  the  mental hygiene legal service shall apply to
 [inmate] INCARCERATED INDIVIDUAL-patients except that in no  case  shall
 an  [inmate]  INCARCERATED  INDIVIDUAL-patient be discharged or released
 from custody prior to the time that such [inmate] INCARCERATED  INDIVID-
 UAL-patient has completed his OR HER term of imprisonment or that his OR
 HER  release  from custodial confinement in the correctional facility or
 jail from which he OR SHE was delivered to the department has been  duly
 authorized.
   (d)  During  the  period  of  his  OR HER custody in the department of
 mental hygiene pursuant to this section, an [inmate] INCARCERATED  INDI-
 VIDUAL-patient shall be entitled to the rights to care and treatment set
 forth  in section 15.03 of this chapter and to such other rights granted
 to patients by this chapter, as determined by regulation of the  commis-
 sioner,  which  are  not inconsistent with his OR HER status as a person
 legally subject to confinement in a correctional  facility  or  jail  or
 with  the  mandate of secure custody of such [inmate] INCARCERATED INDI-
 VIDUAL-patient.
   (e) When the director of the facility in which the [inmate]  INCARCER-
 ATED  INDIVIDUAL-patient is in custody finds that the [inmate] INCARCER-
 ATED INDIVIDUAL-patient is no longer mentally ill or no longer  requires
 hospitalization  for  care  and treatment, he OR SHE shall so notify the
 [inmate] INCARCERATED INDIVIDUAL-patient and commissioner of corrections
 and community supervision or, in the case of  an  [inmate]  INCARCERATED
 INDIVIDUAL-patient  coming from a jail or correctional institution oper-
 ated by local government, the officer in charge of the jail  or  correc-
 tional    institution    from    which    the    [inmate]   INCARCERATED
 INDIVIDUAL-patient was committed. The commissioner  of  corrections  and
 community  supervision  or such officer, as the case may be, shall imme-
 diately arrange to take such  [inmate]  INCARCERATED  INDIVIDUAL-patient
 into  custody and return him OR HER to a correctional facility or to the
 jail or correctional institution operated by local government.
   (f) Upon delivery of the [inmate] INCARCERATED  INDIVIDUAL-patient  to
 the  representative  of  the  commissioner  of corrections and community
 supervision or of an officer in charge of a jail or correctional  insti-
 tution  operated  by local government, the responsibility of the depart-
 ment and its facilities for the custody  of  the  [inmate]  INCARCERATED
 INDIVIDUAL-patient  shall  terminate.  Where  the  [inmate] INCARCERATED
 INDIVIDUAL is returned to a state correctional facility, the  department
 shall  continue to be responsible for the [inmate] INCARCERATED INDIVID-
 UAL-patient's   psychiatric   care   if   the   [inmate]    INCARCERATED

 A. 2395                            40
 
 INDIVIDUAL-patient  upon  his  OR HER return is in a program established
 pursuant to section four hundred one of the correction law.
   (g)  If  an [inmate] INCARCERATED INDIVIDUAL-patient in the custody of
 the department escapes from custody, immediate notice shall be given  to
 the  commissioner  of  corrections  and community supervision or, in the
 case of an [inmate] INCARCERATED INDIVIDUAL-patient coming from  a  jail
 or correctional institution operated by local government, to the officer
 in charge of such jail or correctional institution. Notice shall also be
 given to appropriate law enforcement authorities.
   (h)  The  cost of care and treatment of an [inmate] INCARCERATED INDI-
 VIDUAL-patient in a department facility  shall  be  a  charge  upon  the
 department if the [inmate] INCARCERATED INDIVIDUAL-patient was committed
 from  a  state  correctional  facility or upon the local government from
 which the [inmate] INCARCERATED INDIVIDUAL-patient was committed.
   (i) Upon release of an [inmate] INCARCERATED INDIVIDUAL-patient from a
 facility, the director shall forward a copy of all health and  psychiat-
 ric records to the commissioner of corrections and community supervision
 or  to the officer in charge of a jail or correctional institution oper-
 ated by local government, as the case may be.
   (j)   If   the   sentence   for   which   an   [inmate]   INCARCERATED
 INDIVIDUAL-patient  is  confined  expires  or  is vacated or modified by
 court  order,  the  director  shall  so  notify  the   commissioner   of
 corrections  and  community  supervision  or such officer in charge of a
 jail or correctional institution operated by local government, as appro-
 priate.
   § 75. The section heading and subdivision (a) of section 29.28 of  the
 mental  hygiene  law,  as  added  by section 5 of subpart C of part C of
 chapter 97 of the laws of 2011, are amended to read as follows:
 Payment   of   costs   for   prosecution   of   [inmate]    INCARCERATED
            INDIVIDUAL-patients.
   (a)  When  an  [inmate] INCARCERATED INDIVIDUAL-patient, as defined in
 subdivision (a) of section 29.27 of this article, who was committed from
 a state correctional facility, is alleged to have committed  an  offense
 while  in  the  custody of the department, the department of corrections
 and community supervision shall pay all reasonable costs for the  prose-
 cution of such offense, including but not limited to, costs for: a grand
 jury  impaneled  to  hear  and  examine  evidence of such offense, petit
 jurors, witnesses, the defense of any [inmate]  INCARCERATED  INDIVIDUAL
 financially  unable  to obtain counsel in accordance with the provisions
 of the county law, the district attorney, the costs of the  sheriff  and
 the  appointment of additional court attendants, officers or other judi-
 cial personnel.
   § 76. Subdivision (g) of section 33.08 of the mental hygiene  law,  as
 added by chapter 709 of the laws of 1986, is amended to read as follows:
   (g)  For  the purposes of this section, a person who has been admitted
 to central New York psychiatric center from a state correctional facili-
 ty or county jail pursuant to section four hundred two of the correction
 law shall not be considered a patient in  a  hospital  operated  by  the
 office  of  mental  health.  Notwithstanding any other provision of this
 section, a person who has been admitted to central New York  psychiatric
 center  from  a  county jail pursuant to section four hundred two of the
 correction law shall be entitled to receive a monthly state payment  for
 personal  needs in an amount equal to, and calculated in the same manner
 as, an incentive allowance which is provided to an [inmate] INCARCERATED
 INDIVIDUAL of a state correctional institution pursuant to  section  two
 hundred of the correction law.

 A. 2395                            41
 
   §  77.  Paragraph 10 of subdivision (c) of section 33.13 of the mental
 hygiene law, as amended by section 118-i of subpart B of part C of chap-
 ter 62 of the laws of 2011, is amended to read as follows:
   10.  to a correctional facility, when the chief administrative officer
 has requested such information with respect to a named  [inmate]  INCAR-
 CERATED  INDIVIDUAL of such correctional facility as defined by subdivi-
 sion three of section forty of the correction law or to  the  department
 of  corrections  and  community  supervision,  when  the  department has
 requested such information with respect to a person under its  jurisdic-
 tion  or  an  [inmate]  INCARCERATED  INDIVIDUAL of a state correctional
 facility, when such [inmate]  INCARCERATED  INDIVIDUAL  is  within  four
 weeks  of release from such institution to community supervision. Infor-
 mation released pursuant to this paragraph may be limited to  a  summary
 of  the  record, including but not limited to: the basis for referral to
 the facility; the diagnosis upon admission and  discharge;  a  diagnosis
 and  description  of the patient's or client's current mental condition;
 the current course of  treatment,  medication  and  therapies;  and  the
 facility's  recommendation  for  future mental hygiene services, if any.
 Such information may be forwarded to the department of  corrections  and
 community  supervision staff in need of such information for the purpose
 of making a determination regarding an [inmate's] INCARCERATED  INDIVID-
 UAL'S  health  care,  security,  safety  or  ability  to  participate in
 programs. In the event an [inmate]  INCARCERATED  INDIVIDUAL  is  trans-
 ferred,  the  sending correctional facility shall forward, upon request,
 such summaries to the chief administrative officer of  any  correctional
 facility  to  which the [inmate] INCARCERATED INDIVIDUAL is subsequently
 incarcerated.  The office of mental health and  the  office  for  people
 with  developmental disabilities, in consultation with the commission of
 correction and the department of corrections and community  supervision,
 shall  promulgate  rules  and regulations to implement the provisions of
 this paragraph.
   § 78. Intentionally omitted.
   § 79. Subdivisions a and b of  section  63-a  of  the  retirement  and
 social  security law, subdivision a as amended by section 138 of subpart
 B of part C of chapter 62 of the laws of 2011 and subdivision b as added
 by chapter 722 of the laws of 1996, are amended to read as follows:
   a. Any member in the uniformed personnel  in  institutions  under  the
 jurisdiction  of the department of corrections and community supervision
 or a security hospital treatment assistant, as those terms  are  defined
 in  subdivision  i  of  section eighty-nine of this article, who becomes
 physically or mentally incapacitated for the performance  of  duties  as
 the natural and proximate result of an injury, sustained in the perform-
 ance  or discharge of his or her duties by, or as the natural and proxi-
 mate result of an act of any [inmate]  INCARCERATED  INDIVIDUAL  or  any
 person  confined in an institution under the jurisdiction of the depart-
 ment of corrections  and  community  supervision  or  office  of  mental
 health,  or  by any person who has been committed to such institution by
 any court shall be paid a  performance  of  duty  disability  retirement
 allowance equal to that which is provided in section sixty-three of this
 title, subject to the provisions of section sixty-four of this title.
   b.  Notwithstanding any provision of this chapter or of any general or
 special law to the contrary,  a  member  covered  by  this  section  who
 contracts  HIV  (where there may have been an exposure to a bodily fluid
 of an [inmate] INCARCERATED INDIVIDUAL or a person described in subdivi-
 sion a of this section as a natural and proximate result of  an  act  of
 any  [inmate]  INCARCERATED  INDIVIDUAL  or  person  described in [such]

 A. 2395                            42
 
 subdivision a that may have involved transmission of a  specified  tran-
 smissible  disease  from  an  [inmate]  INCARCERATED  INDIVIDUAL or such
 person described in  [such]  subdivision  a  to  the  retirement  system
 member),  tuberculosis  or hepatitis will be presumed to have contracted
 such disease in the performance or discharge of his or her  duties,  and
 will  be  presumed  to  be  disabled  from the performance of his or her
 duties, unless the contrary be proved by competent evidence.
   § 80. Subdivisions b and c of  section  63-b  of  the  retirement  and
 social  security  law,  as added by chapter 639 of the laws of 1999, are
 amended to read as follows:
   b. Any sheriff, deputy sheriff, undersheriff, or correction officer as
 defined in subdivision a of this  section,  who  becomes  physically  or
 mentally  incapacitated for the performance of duties as the natural and
 proximate result of an injury, sustained in the performance or discharge
 of his or her duties by, or as the natural and proximate  result  of  an
 act of any [inmate] INCARCERATED INDIVIDUAL or any person confined in an
 institution  under  the  jurisdiction  of  such  county, shall be paid a
 performance of duty disability retirement allowance equal to that  which
 is  provided  in  section  sixty-three  of  this  title,  subject to the
 provisions of section sixty-four of this title.
   c. Notwithstanding any provision of this chapter or of any general  or
 special  law  to  the  contrary,  a  member  covered by this section who
 contracts HIV (where there may have been an exposure to a  bodily  fluid
 of  an  [inmate] INCARCERATED INDIVIDUAL or a person defined in subdivi-
 sion b of this section as a natural and proximate result of  an  act  of
 any  [inmate] INCARCERATED INDIVIDUAL or person described in such subdi-
 vision b that may have involved transmission of a specified  transmissi-
 ble disease from an [inmate] INCARCERATED INDIVIDUAL or person described
 in  such subdivision b to the retirement system member), tuberculosis or
 hepatitis will be presumed  to  have  contracted  such  disease  in  the
 performance  or  discharge of his or her duties, and will be presumed to
 be disabled from the performance  of  his  or  her  duties,  unless  the
 contrary be proved by competent evidence.
   § 81. Subdivision i of section 89 of the retirement and social securi-
 ty  law,  as amended by section 139 of subpart B of part C of chapter 62
 of the laws of 2011, is amended to read as follows:
   i. As used in this section, "uniformed persons" or "uniformed  person-
 nel"  in  institutions  under  the  jurisdiction  of  the  department of
 corrections and community supervision or  "security  hospital  treatment
 assistants"  under  the jurisdiction of the office of mental health mean
 officers or employees holding the titles hereinafter set forth in insti-
 tutions under the jurisdiction of  the  department  of  corrections  and
 community  supervision or under the jurisdiction of the office of mental
 health,  namely:  correction   officers,   prison   guards,   correction
 sergeants, correction lieutenants, correction captains, deputy assistant
 superintendent or warden, deputy warden or deputy superintendent, super-
 intendents  and  wardens,  assistant director and director of correction
 reception center, director of correctional program,  assistant  director
 of  correctional  program,  director  of  community correctional center,
 community correctional center assistant, correction  hospital  officers,
 male or female, correction hospital senior officers, correction hospital
 charge  officer,  correction  hospital  supervising  officer, correction
 hospital  security  supervisor,  correction  hospital   chief   officer,
 correction youth camp officer, correction youth camp supervisor, assist-
 ant supervisor, correctional camp superintendent, assistant correctional
 camp  superintendent,  director  of  crisis intervention unit, assistant

 A. 2395                            43
 
 director  of  crisis  intervention  unit,  security  hospital  treatment
 assistants,  security  hospital treatment assistants (Spanish speaking),
 security hospital senior treatment assistants, security hospital  super-
 vising  treatment  assistants  and  security  hospital treatment chiefs.
 Previous service rendered under the titles by which such positions  were
 formerly   designated  and  previous  service  rendered  as  a  narcotic
 addiction  control  commission  officer  shall   constitute   creditable
 service.  Notwithstanding  any  provision  of  law  to the contrary, any
 employee of the department of corrections and community supervision  who
 became  enrolled  under  this  section  by  reason  of  employment  as a
 uniformed person in an institution under the jurisdiction of the depart-
 ment of corrections and community supervision shall be entitled to  full
 retirement  credit  for,  and  full  allowance  shall be made under this
 section for the service of such employee, not to  exceed  twelve  years,
 while assigned to the training academy or central office, in the follow-
 ing  titles, namely: correction officer, correction sergeant, correction
 lieutenant,  correction  captain,  correctional  services  investigator,
 senior   correctional   services   employee  investigator,  correctional
 services fire and safety coordinator, director of  special  housing  and
 [inmate]  INCARCERATED INDIVIDUAL disciplinary program, assistant direc-
 tor of special housing and [inmate] INCARCERATED INDIVIDUAL disciplinary
 program, assistant chief of investigations, director of CERT operations,
 correctional facility operations specialist, director of security staff-
 ing  project,  correctional  security  technical  services   specialist,
 assistant commissioner and deputy commissioner.
   §  82.  Subdivisions  a  and  b of section 507-b of the retirement and
 social security law, subdivision a as amended by section 146 of  subpart
 B of part C of chapter 62 of the laws of 2011 and subdivision b as added
 by chapter 722 of the laws of 1996, are amended to read as follows:
   a.  Any  member  in  the uniformed personnel in institutions under the
 jurisdiction of the department of corrections and community  supervision
 or  a  security hospital treatment assistant, as those terms are defined
 in subdivision i of section eighty-nine of  this  chapter,  who  becomes
 physically  or  mentally  incapacitated for the performance of duties as
 the natural and proximate result of an injury, sustained in the perform-
 ance or discharge of his or her duties by, or as a natural and proximate
 result of, an act of any [inmate] INCARCERATED INDIVIDUAL or any  person
 confined  in  an institution under the jurisdiction of the department of
 corrections and community supervision or office of mental health, or  by
 any person who has been committed to such institution by any court shall
 be  paid  a performance of duty disability retirement allowance equal to
 that which is provided in section sixty-three of this  chapter,  subject
 to the provisions of section sixty-four of this chapter.
   b.  Notwithstanding any provision of this chapter or of any general or
 special law to the contrary,  a  member  covered  by  this  section  who
 contracts  HIV  (where there may have been an exposure to a bodily fluid
 of an [inmate] INCARCERATED INDIVIDUAL or a person described in subdivi-
 sion a of this section as a natural and proximate result of  an  act  of
 any  [inmate] INCARCERATED INDIVIDUAL or person described in such subdi-
 vision a that may have involved transmission of a specified  transmissi-
 ble  disease  from  an  [inmate]  INCARCERATED INDIVIDUAL or such person
 described in such subdivision a to the retirement system member), tuber-
 culosis or hepatitis will be presumed to have contracted such disease in
 the performance or discharge of his or her duties, and will be  presumed
 to  be  disabled  from  the performance of his or her duties, unless the
 contrary be proved by competent evidence.

 A. 2395                            44
 
   § 83. Subdivisions a and b of section  507-c  of  the  retirement  and
 social  security law, subdivision a as amended by chapter 18 of the laws
 of 2012 and subdivision b as added by chapter 622 of the laws  of  1997,
 are amended to read as follows:
   a.  Any  member  in  the uniformed personnel in institutions under the
 jurisdiction of the New York city department of correction, who  becomes
 physically  or  mentally  incapacitated for the performance of duties as
 the natural and proximate result of an injury, sustained in the perform-
 ance or discharge of his or her duties by, or as a natural and proximate
 result of, an act of any [inmate] INCARCERATED INDIVIDUAL or any  person
 confined  in  an institution under the jurisdiction of the department of
 correction or the department of health, or by any person  who  has  been
 committed  to  such institution by any court shall be paid a performance
 of duty disability retirement allowance equal to three-quarters of final
 average salary, subject to the  provisions  of  section  13-176  of  the
 administrative code of the city of New York, provided, however, that the
 provisions  of this section shall not apply to a member of the uniformed
 force of the New York city department of correction who is  a  New  York
 city uniformed correction/sanitation revised plan member.
   b.  Notwithstanding any provision of this chapter or of any general or
 special law to the contrary,  a  member  covered  by  this  section  who
 contracts  HIV  (where there may have been an exposure to a bodily fluid
 of an [inmate] INCARCERATED INDIVIDUAL or a person described in subdivi-
 sion a of this section as a natural and proximate result of  an  act  of
 any  [inmate] INCARCERATED INDIVIDUAL or person described in subdivision
 a of this section that may have involved  transmission  of  a  specified
 transmissible  disease  from an [inmate] INCARCERATED INDIVIDUAL or such
 person described in such subdivision a to the retirement system member),
 tuberculosis or hepatitis will  be  presumed  to  have  contracted  such
 disease  in  the performance or discharge of his or her duties, and will
 be presumed to be disabled from the performance of his  or  her  duties,
 unless the contrary be proved by competent evidence.
   §  84.  Subdivision  b  of  section 607-a of the retirement and social
 security law, as added by chapter 722 of the laws of 1996, is amended to
 read as follows:
   b. Notwithstanding any provision of this chapter or of any general  or
 special  law  to  the  contrary,  a  member  covered by this section who
 contracts HIV (where there may have been an exposure to a  bodily  fluid
 of an [inmate] INCARCERATED INDIVIDUAL or a person described in subdivi-
 sion  a  of  this section as a natural and proximate result of an act of
 any [inmate] INCARCERATED INDIVIDUAL or person described in such  subdi-
 vision  a that may have involved transmission of a specified transmissi-
 ble disease from an [inmate]  INCARCERATED  INDIVIDUAL  or  such  person
 described in such subdivision a to the retirement system member), tuber-
 culosis or hepatitis will be presumed to have contracted such disease in
 the  performance or discharge of his or her duties, and will be presumed
 to be disabled from the performance of his or  her  duties,  unless  the
 contrary be proved by competent evidence.
   §  85.  Subdivisions  a  and  b of section 607-c of the retirement and
 social security law, as added by chapter 639 of the laws  of  1999,  are
 amended to read as follows:
   a.  Any sheriff, deputy sheriff, undersheriff or correction officer as
 defined in subdivision a of section sixty-three-b of this  chapter,  and
 who  are employed in a county which makes an election pursuant to subdi-
 vision d of  such  section  sixty-three-b,  who  becomes  physically  or
 mentally  incapacitated for the performance of duties as the natural and

 A. 2395                            45
 
 proximate result of an injury, sustained in the performance or discharge
 of his or her duties by, or as the natural and proximate result  of  any
 act of any [inmate] INCARCERATED INDIVIDUAL or any person confined in an
 institution  under  the  jurisdiction  of  such  county, shall be paid a
 performance of duty disability retirement allowance equal to that  which
 is  provided  in  section  sixty-three  of  this chapter, subject to the
 provisions of section sixty-four of this chapter.
   b. Notwithstanding any provision of this chapter or of any general  or
 special  law  to  the  contrary,  a  member  covered by this section who
 contracts HIV (where there may have been an exposure to a  bodily  fluid
 of  an  [inmate] INCARCERATED INDIVIDUAL or a person defined in subdivi-
 sion a of this section as a natural and proximate result of  an  act  of
 any  [inmate] INCARCERATED INDIVIDUAL or person described in such subdi-
 vision a that may have involved transmission of a specified  transmissi-
 ble disease from an [inmate] INCARCERATED INDIVIDUAL or person described
 in  such subdivision a to the retirement system member), tuberculosis or
 hepatitis will be presumed  to  have  contracted  such  disease  in  the
 performance  or  discharge of his or her duties, and will be presumed to
 be disabled from the performance  of  his  or  her  duties,  unless  the
 contrary be proved by competent evidence.
   §  86.  Subdivision  (b) of section 118 of the social services law, as
 added by chapter 200 of the laws of 1946, is amended to read as follows:
   (b) an [inmate] INCARCERATED INDIVIDUAL of any public  institution  or
 any incorporated private institution, or
   §  87.  Subdivisions  1,  2,  5, 6, 7, 8 and 8-a of section 194 of the
 social services law, subdivision 8 as added by chapter 226 of  the  laws
 of 1950 and subdivision 8-a as added by chapter 805 of the laws of 1962,
 are amended to read as follows:
   1.  be  responsible for the management of the home and for the care of
 its [inmates] INCARCERATED INDIVIDUALS,
   2. have control of the admission and discharge of [inmates]  INCARCER-
 ATED INDIVIDUALS of the home,
   5.  classify  the  [inmates] INCARCERATED INDIVIDUALS of the home, and
 provide the type of care best fitted to their needs and  carry  out  the
 recommendations of the attending physician in regard to their care,
   6.  establish  rules for the administration of the public home and for
 the conduct and employment of  the  [inmates]  INCARCERATED  INDIVIDUALS
 thereof; but such rules shall not be valid unless approved in writing by
 the department,
   7.  as far as practicable provide suitable employment for any [inmate]
 INCARCERATED INDIVIDUAL whom the attending physician pronounces able  to
 work,  assigning  such inmates to such labor in connection with the farm
 and garden, or the care and upkeep of the buildings  or  other  suitable
 tasks  in  the  public home as they may be deemed capable of performing,
 and providing occupational and other diversions as may be for  the  best
 interests of the [inmates] INCARCERATED INDIVIDUALS,
   8.  when in their individual judgment and discretion it appears advis-
 able, for purposes of rehabilitation, to provide incentive  compensation
 to  an [inmate] INCARCERATED INDIVIDUAL, in any amount or amounts total-
 ling ten dollars or less per month, for work assigned and  performed  in
 or  about  the public home, farm and garden; but the payment of any such
 reward shall not be deemed, for the purposes of any  law,  to  make  the
 [inmate]  INCARCERATED  INDIVIDUAL receiving the same an employee of the
 public home or of the county or city maintaining such home,
   8-a. deposit as prescribed in section eighty-seven  of  this  chapter,
 any  and  all  moneys received by him OR HER for the use of a particular

 A. 2395                            46
 
 [inmate] INCARCERATED INDIVIDUAL or [inmates]  INCARCERATED  INDIVIDUALS
 of the public home[.],
   §  88.  Section  194-a of the social services law, as added by chapter
 384 of the laws of 1961, is amended to read as follows:
   § 194-a. Additional power of work assignment granted  to  commissioner
 of  public welfare of Monroe county. When, pursuant to the provisions of
 subdivision eight of section one hundred ninety-four of  this  [chapter]
 TITLE,  the  commissioner  of  public  welfare of Monroe county deems it
 advisable to assign work to an [inmate]  INCARCERATED  INDIVIDUAL,  such
 work may be assigned and performed in or about not only the public home,
 farm  and garden but also any other property maintained under his super-
 vision. The payment of any reward pursuant  to  such  subdivision  eight
 shall  not  be deemed, for the purposes of any law, to make the [inmate]
 INCARCERATED INDIVIDUAL receiving the same an  employee  of  the  public
 home  or of the county or city maintaining such home or such other prop-
 erty maintained under the commissioner's jurisdiction.
   § 89. Section 195 of the social services law is  amended  to  read  as
 follows:
   § 195. Medical care. 1. Each [inmate] INCARCERATED INDIVIDUAL shall be
 examined  by  the attending physician or physicians as soon after admis-
 sion to the public home as practicable.
   2. A medical record shall be kept for each [inmate] INCARCERATED INDI-
 VIDUAL, in which shall be recorded his OR HER  condition  on  admission,
 the  physician's  recommendation  of the type of care to be given him OR
 HER and any medical attention given to the [inmate]  INCARCERATED  INDI-
 VIDUAL subsequent to the examination on admission.
   3.  The  physician  shall  be  responsible  for the medical care given
 [inmates] INCARCERATED INDIVIDUALS who are  ill,  and  shall  give  such
 orders  as he considers necessary for their welfare. He OR SHE shall (a)
 visit the public home at regular  intervals  and  shall  re-examine  the
 [inmates]  INCARCERATED  INDIVIDUALS  periodically,  as  the need of the
 [inmates] INCARCERATED INDIVIDUALS may require,
   (b) also visit the public home, on call of the superintendent, in case
 of the illness of any [inmate] INCARCERATED INDIVIDUAL,
   (c) make such recommendations to the commissioner of public welfare as
 to changes, improvements and additional equipment as he may deem  neces-
 sary  for the adequate care of the [inmates] INCARCERATED INDIVIDUALS of
 such home.
   4. Any physician who accepts an appointment as attending physician  to
 the  [inmates]  INCARCERATED INDIVIDUALS of a public home shall be obli-
 gated to carry out the provisions of this section. The commissioner  may
 dismiss an attending physician who fails to fulfill such duties.
   §  90.  Section  196  of the social services law is amended to read as
 follows:
   § 196. Report on needs of [inmates] INCARCERATED INDIVIDUALS of public
 homes. It shall be the duty of the commissioner  of  public  welfare  to
 report  to  the legislative body as to the needs of the home and to make
 recommendations of any changes, improvements,  additional  equipment  or
 other  provision  which  he  OR  SHE  may  consider necessary to provide
 adequate care for the [inmates] INCARCERATED INDIVIDUALS.
   § 91. Section 197 of the social services law is  amended  to  read  as
 follows:
   §  197.    [Inmates']  INCARCERATED  INDIVIDUALS' right of appeal. Any
 [inmate] INCARCERATED INDIVIDUAL of a public home, who considers himself
 OR HERSELF to have a cause for complaint against any officer or employee

 A. 2395                            47
 
 of the public home, shall have the right of appeal to the superintendent
 of the public home, and to the commissioner of public welfare.
   § 92. Section 198 of the social services law, as amended by chapter 82
 of the laws of 1941, is amended to read as follows:
   §  198. Control of [inmates] INCARCERATED INDIVIDUALS. If any [inmate]
 INCARCERATED INDIVIDUAL shall wilfully disobey the rules of the home  in
 such  a  way  as to be detrimental to the welfare of the other [inmates]
 INCARCERATED INDIVIDUALS, the commissioner may institute a proceeding in
 a court of competent jurisdiction  against  such  [inmate]  INCARCERATED
 INDIVIDUAL for disorderly conduct.
   §  93.  Section  199 of the social services law, as amended by chapter
 195 of the laws of 1973, is amended to read as follows:
   § 199. Power of commissioner  of  public  welfare  to  detain  certain
 [inmates]  INCARCERATED INDIVIDUALS.  The commissioner of public welfare
 shall  have  power  to  detain in the public home, pending a vacancy for
 such person in a state institution, a person over the age of sixteen who
 has been certified as mentally retarded or epileptic in accordance  with
 the provisions of the mental hygiene law and for whom an application for
 admission to a state institution has been made. Whenever the commission-
 er  shall  so  detain  an [inmate] INCARCERATED INDIVIDUAL in the public
 home he OR SHE shall at once  notify  the  state  department  of  mental
 hygiene.
   §  94.  Subdivisions  2, 4 and 6 of section 200 of the social services
 law, are amended to read as follows:
   2. utilize the labor of such of the [inmates] INCARCERATED INDIVIDUALS
 of the public home as may in the judgment of the attending physician  be
 able to work on the farm,
   4.  sell  such  surplus produce and proceeds of such farm and labor as
 may remain after the needs of the [inmates] INCARCERATED INDIVIDUALS  of
 the public home have been supplied,
   6.  keep  a record of the work of the farm, including the labor of the
 [inmates] INCARCERATED INDIVIDUALS of the public home on the farm and of
 the produce and proceeds of the farm supplied for the use of the  public
 home, with the estimated value of such produce and proceeds,
   § 95. Intentionally omitted.
   §  96.  Subdivision  1-a of section 366 of the social services law, as
 amended by section 21-a of part B of chapter 59 of the laws of 2016,  is
 amended to read as follows:
   1-a.  Notwithstanding  any other provision of law, in the event that a
 person who is an [inmate] INCARCERATED INDIVIDUAL of a  state  or  local
 correctional  facility, as defined in section two of the correction law,
 was in receipt of medical assistance pursuant to this title  immediately
 prior  to  being  admitted  to  such  facility, such person shall remain
 eligible for medical assistance while an [inmate] INCARCERATED  INDIVID-
 UAL,  except  that  no medical assistance shall be furnished pursuant to
 this title for any care, services, or supplies provided during such time
 as the person is an [inmate] INCARCERATED INDIVIDUAL; provided, however,
 that nothing herein shall be  deemed  as  preventing  the  provision  of
 medical  assistance  for  inpatient  hospital  services  furnished to an
 [inmate] INCARCERATED INDIVIDUAL at a hospital outside of  the  premises
 of  such  correctional  facility  or pursuant to other federal authority
 authorizing the provision of medical assistance to an [inmate] INCARCER-
 ATED INDIVIDUAL of a state or local  correctional  facility  during  the
 thirty  days  prior  to  release,  to  the extent that federal financial
 participation is available for the costs of such services. Upon  release
 from  such  facility,  such  person  shall  continue  to be eligible for

 A. 2395                            48
 
 receipt of medical assistance furnished pursuant  to  this  title  until
 such  time  as  the  person  is  determined to no longer be eligible for
 receipt of such assistance. To the extent permitted by federal law,  the
 time  during  which  such  person is an [inmate] INCARCERATED INDIVIDUAL
 shall not be included in any calculation of when the person must  recer-
 tify  his  or  her eligibility for medical assistance in accordance with
 this article. The state may seek federal authority  to  provide  medical
 assistance  for  transitional  services  including  but  not  limited to
 medical, prescription, and care coordination  services  for  high  needs
 [inmates]  INCARCERATED  INDIVIDUALS  in  state  and  local correctional
 facilities during the thirty days prior to release.
   § 97. Intentionally omitted.
   § 98. Section 480 of the social services law is  amended  to  read  as
 follows:
   §  480.   Labor of children not to be hired out.  It shall be unlawful
 for the trustees or managers of any  house  of  refuge,  reformatory  or
 other  correctional  institution,  to contract, hire, or let by the day,
 week or month, or any longer period, the services or labor of any  child
 or  children,  now  or  hereafter committed to or [inmates] INCARCERATED
 INDIVIDUAL of such institutions.
   § 99. Section 69 of the general business law, as amended by section  1
 of  part  A  of  chapter 62 of the laws of 2003, the second undesignated
 paragraph as amended by section 115 of subpart B of part C of chapter 62
 of the laws of 2011, is amended to read as follows:
   § 69. Sale of [inmate] INCARCERATED INDIVIDUAL made goods.  No  goods,
 wares, or merchandise, manufactured, produced or mined wholly or in part
 by  [inmates]  INCARCERATED  INDIVIDUALS,  except [inmates] INCARCERATED
 INDIVIDUALS or persons on parole, probation, or release, shall  be  sold
 in  this  state  to  any person, firm, association or corporation except
 that nothing in this section shall be construed to forbid  the  sale  of
 such  goods produced in the correctional facilities of this state to the
 state, the government of the United States or to any state of the United
 States, or any political subdivision thereof, or for any public institu-
 tion owned or managed and controlled by  the  state,  or  any  political
 subdivision  thereof,  as provided in section one hundred eighty-four of
 the correction law, or any public corporation  or  eleemosynary  associ-
 ation or corporation funded in whole or in part by any federal, state or
 local funds, or to forbid the sale, subject to the rules and regulations
 of  the  head  of  the  department  or other like governmental authority
 having jurisdiction, of any product resulting from occupational  therapy
 within any penal or correctional institution, as provided in section one
 hundred ninety-seven of the correction law.
   Nothing in this section shall be construed to forbid the sale of parts
 and  components  produced  by  [inmate] INCARCERATED INDIVIDUAL labor in
 correctional industry programs of the government of the United States or
 any state of the United States, or any political subdivision thereof, to
 the department of corrections and community  supervision's  division  of
 correctional industries for use in its manufacturing operations.
   A  violation  of  the  provisions  of  this section shall constitute a
 misdemeanor.
   § 100. Paragraph (b) of subdivision 1 and paragraph (g) of subdivision
 2 of section 399-ddd of the general business law, as  added  by  chapter
 371 of the laws of 2012, are amended to read as follows:
   (b)  For  purposes  of this section, the term ["inmate"] "INCARCERATED
 INDIVIDUAL" means a person confined in any local  correctional  facility
 as  defined  in subdivision sixteen of section two of the correction law

 A. 2395                            49
 
 or in any correctional facility as defined in paragraph (a) of  subdivi-
 sion four of section two of the correction law pursuant to such person's
 conviction of a criminal offense.
   (g)  Knowingly  use the labor or time of or employ any [inmate] INCAR-
 CERATED INDIVIDUAL in this state, or in any other jurisdiction,  in  any
 capacity  that  involves  obtaining  access to, collecting or processing
 social security account numbers of other individuals.
   § 101. Intentionally omitted.
   § 102. Subdivision 7 of section 60.04 of the penal law, as amended  by
 section 120 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   7.  a.  Shock  incarceration  participation.  When the court imposes a
 sentence of imprisonment which requires a commitment to  the  department
 of  corrections  and  community  supervision  upon  a  person who stands
 convicted of a controlled substance or marihuana offense, upon motion of
 the defendant, the court may issue an order directing that  the  depart-
 ment  of  corrections  and community supervision enroll the defendant in
 the shock incarceration program as defined in  article  twenty-six-A  of
 the  correction law, provided that the defendant is an eligible [inmate]
 INCARCERATED INDIVIDUAL, as described  in  subdivision  one  of  section
 eight  hundred  sixty-five  of  the  correction law. Notwithstanding the
 foregoing provisions of this subdivision, any defendant to  be  enrolled
 in  such  program  pursuant to this subdivision shall be governed by the
 same rules and regulations promulgated by the department of  corrections
 and  community supervision, including without limitation those rules and
 regulations establishing requirements for completion and such rules  and
 regulations governing discipline and removal from the program.
   b.  (i)  In  the event that an [inmate] INCARCERATED INDIVIDUAL desig-
 nated by court order for enrollment in the shock  incarceration  program
 requires  a  degree of medical care or mental health care that cannot be
 provided at a shock incarceration facility, the department, in  writing,
 shall  notify  the  [inmate] INCARCERATED INDIVIDUAL, provide a proposal
 describing a proposed  alternative-to-shock-incarceration  program,  and
 notify  him  or her that he or she may object in writing to placement in
 such alternative-to-shock-incarceration program. If the [inmate]  INCAR-
 CERATED  INDIVIDUAL objects in writing to placement in such alternative-
 to-shock-incarceration program, the department of corrections and commu-
 nity  supervision  shall  notify  the  sentencing  court,  provide  such
 proposal to the court, and arrange for the [inmate's] INCARCERATED INDI-
 VIDUAL'S prompt appearance before the court. The court shall provide the
 proposal  and  notice  of a court appearance to the people, the [inmate]
 INCARCERATED INDIVIDUAL and  the  appropriate  defense  attorney.  After
 considering the proposal and any submissions by the parties, and after a
 reasonable  opportunity  for the people, the [inmate] INCARCERATED INDI-
 VIDUAL and counsel to be heard, the  court  may  modify  its  sentencing
 order  accordingly,  notwithstanding the provisions of section 430.10 of
 the criminal procedure law.
   (ii) An [inmate] INCARCERATED INDIVIDUAL who successfully completes an
 alternative-to-shock-incarceration  program  within  the  department  of
 corrections  and  community  supervision  shall  be  treated in the same
 manner as a person who has successfully completed the  shock  incarcera-
 tion  program, as set forth in subdivision four of section eight hundred
 sixty-seven of the correction law.
   § 103. Paragraph (a) of subdivision 5 of section 60.35  of  the  penal
 law,  as  amended  by  section  1 of part E of chapter 56 of the laws of
 2004, is amended to read as follows:

 A. 2395                            50
 
   (a) When a person who  is  convicted  of  a  crime  or  violation  and
 sentenced  to  a  term  of  imprisonment has failed to pay the mandatory
 surcharge, sex offender registration fee, DNA databank fee, crime victim
 assistance fee or supplemental sex offender victim fee required by  this
 section, the clerk of the court that rendered the conviction shall noti-
 fy  the  superintendent  or the municipal official of the facility where
 the person is confined. The superintendent  or  the  municipal  official
 shall cause any amount owing to be collected from such person during his
 or  her  term of imprisonment from moneys to the credit of an [inmates']
 INCARCERATED INDIVIDUALS' fund or such moneys as  may  be  earned  by  a
 person in a work release program pursuant to section eight hundred sixty
 of  the  correction  law.  Such  moneys  attributable  to  the mandatory
 surcharge or crime victim assistance fee shall be paid over to the state
 comptroller to the credit of the criminal  justice  improvement  account
 established by section ninety-seven-bb of the state finance law and such
 moneys attributable to the sex offender registration fee or DNA databank
 fee  shall  be  paid  over to the state comptroller to the credit of the
 general  fund,  except  that  any  such  moneys  collected   which   are
 surcharges,  sex  offender  registration  fees, DNA databank fees, crime
 victim assistance fees or supplemental sex offender victim  fees  levied
 in  relation  to convictions obtained in a town or village justice court
 shall be paid within thirty days after the receipt thereof by the super-
 intendent or municipal official of the facility to the  justice  of  the
 court in which the conviction was obtained. For the purposes of collect-
 ing  such  mandatory surcharge, sex offender registration fee, DNA data-
 bank fee, crime victim assistance fee,  and  supplemental  sex  offender
 victim  fee,  the  state  shall  be legally entitled to the money to the
 credit of an [inmates'] INCARCERATED INDIVIDUALS' fund or money which is
 earned by an  [inmate]  INCARCERATED  INDIVIDUAL    in  a  work  release
 program.  For  purposes of this subdivision, the term "[inmates'] INCAR-
 CERATED INDIVIDUALS' fund" shall mean moneys in  the  possession  of  an
 [inmate]  INCARCERATED  INDIVIDUAL  at  the time of his or her admission
 into such facility, funds earned by  him  or  her  as  provided  for  in
 section  one  hundred  eighty-seven  of the correction law and any other
 funds received by him or her or on his or her behalf and deposited  with
 such superintendent or municipal official.
   §  103-a.  Subdivision 5 of section 60.35 of the penal law, as amended
 by section 2 of part E of chapter 56 of the laws of 2004, is amended  to
 read as follows:
   5.  When  a  person  who  is  convicted  of  a  crime or violation and
 sentenced to a term of imprisonment has  failed  to  pay  the  mandatory
 surcharge, sex offender registration fee, DNA databank fee, crime victim
 assistance  fee or supplemental sex offender victim fee required by this
 section, the clerk of the court that rendered the conviction shall noti-
 fy the superintendent or the municipal official of  the  facility  where
 the  person  is  confined.  The superintendent or the municipal official
 shall cause any amount owing to be collected from such person during his
 or her term of imprisonment from moneys to the credit of  an  [inmates']
 INCARCERATED  INDIVIDUALS'  fund  or  such  moneys as may be earned by a
 person in a work release program pursuant to section eight hundred sixty
 of the  correction  law.  Such  moneys  attributable  to  the  mandatory
 surcharge or crime victim assistance fee shall be paid over to the state
 comptroller  to  the  credit of the criminal justice improvement account
 established by section ninety-seven-bb of the state finance law and such
 moneys attributable to the sex offender registration fee or DNA databank
 fee shall be paid over to the state comptroller to  the  credit  of  the

 A. 2395                            51
 
 general   fund,   except  that  any  such  moneys  collected  which  are
 surcharges, sex offender registration fees,  DNA  databank  fees,  crime
 victim  assistance  fees or supplemental sex offender victim fees levied
 in  relation  to convictions obtained in a town or village justice court
 shall be paid within thirty days after the receipt thereof by the super-
 intendent or municipal official of the facility to the  justice  of  the
 court in which the conviction was obtained. For the purposes of collect-
 ing  such  mandatory surcharge, sex offender registration fee, DNA data-
 bank fee, crime victim assistance  fee  and  supplemental  sex  offender
 victim  fee,  the  state  shall  be legally entitled to the money to the
 credit of an [inmates'] INCARCERATED INDIVIDUALS' fund or money which is
 earned by an [inmate] INCARCERATED INDIVIDUAL in a work release program.
 For purposes of this  subdivision,  the  term  "[inmates']  INCARCERATED
 INDIVIDUALS'  fund"  shall  mean moneys in the possession of an [inmate]
 INCARCERATED INDIVIDUAL at the time of his or her  admission  into  such
 facility,  funds  earned  by  him  or her as provided for in section one
 hundred eighty-seven of the correction law and any other funds  received
 by  him  or  her  or on his or her behalf and deposited with such super-
 intendent or municipal official.
   § 104. Paragraph (d) of subdivision 1 of section 70.20  of  the  penal
 law,  as  amended by section 124 of subpart B of part C of chapter 62 of
 the laws of 2011, is amended to read as follows:
   (d) Nothing in this subdivision shall preclude a parent or legal guar-
 dian of an [inmate] INCARCERATED INDIVIDUAL  who  is  not  yet  eighteen
 years  of  age  from  making  a  motion  on  notice to the department of
 corrections and community supervision pursuant to article twenty-two  of
 the  civil  practice  law and rules and section one hundred forty of the
 correction law, objecting to routine medical, dental  or  mental  health
 services  and  treatment  being  provided  to such [inmate] INCARCERATED
 INDIVIDUAL under the provisions of paragraph (b) of this subdivision.
   § 104-a. Paragraph (d) of subdivision 1 of section 70.20 of the  penal
 law,  as  amended by section 125 of subpart B of part C of chapter 62 of
 the laws of 2011, is amended to read as follows:
   (d) Nothing in this subdivision shall preclude a parent or legal guar-
 dian of an [inmate] INCARCERATED INDIVIDUAL  who  is  not  yet  eighteen
 years  of  age  from  making  a  motion  on  notice to the department of
 corrections and community supervision pursuant to article twenty-two  of
 the  civil  practice  law and rules and section one hundred forty of the
 correction law, objecting to routine medical, dental  or  mental  health
 services  and  treatment  being  provided  to such [inmate] INCARCERATED
 INDIVIDUAL under the provisions of paragraph (b) of this subdivision.
   § 105. Paragraphs (e) and (f) of subdivision 3 of  section  130.05  of
 the  penal  law,  paragraph (e) as amended by chapter 205 of the laws of
 2011 and paragraph (f) as amended by section 127-q of subpart B of  part
 C of chapter 62 of the laws of 2011, are amended to read as follows:
   (e)  committed  to  the  care  and custody or supervision of the state
 department of corrections and community supervision or  a  hospital,  as
 such  term  is defined in subdivision two of section four hundred of the
 correction law, and the actor is an employee  who  knows  or  reasonably
 should  know  that  such  person is committed to the care and custody or
 supervision of such department or hospital. For purposes of  this  para-
 graph,  "employee"  means  (i)  an  employee  of the state department of
 corrections and community supervision who, as part of his or her employ-
 ment, performs duties: (A) in a state correctional facility in which the
 victim is confined at the time of the offense  consisting  of  providing
 custody,  medical or mental health services, counseling services, educa-

 A. 2395                            52
 
 tional programs, vocational training, institutional parole  services  or
 direct supervision to [inmates] INCARCERATED INDIVIDUALS; or
   (B)  of  supervising  persons  released  on  community supervision and
 supervises the victim at the time of the offense or has  supervised  the
 victim  and  the victim is still under community supervision at the time
 of the offense; or
   (ii) an employee of the office of mental health who, as part of his or
 her employment, performs duties in  a  state  correctional  facility  or
 hospital,  as  such  term  is defined in subdivision two of section four
 hundred of the correction law in which the [inmate]  INCARCERATED  INDI-
 VIDUAL  is  confined at the time of the offense, consisting of providing
 custody, medical or mental health services,  or  direct  supervision  to
 such [inmates] INCARCERATED INDIVIDUALS; or
   (iii)  a  person,  including a volunteer, providing direct services to
 [inmates] INCARCERATED INDIVIDUALS in a state correctional  facility  in
 which  the  victim  is confined at the time of the offense pursuant to a
 contractual arrangement with the state  department  of  corrections  and
 community  supervision  or, in the case of a volunteer, a written agree-
 ment with such department, provided that  the  person  received  written
 notice concerning the provisions of this paragraph; or
   (f)  committed to the care and custody of a local correctional facili-
 ty, as such term is defined in subdivision two of section forty  of  the
 correction  law,  and  the  actor  is  an  employee, not married to such
 person, who knows or reasonably should know that such person is  commit-
 ted to the care and custody of such facility. For purposes of this para-
 graph,  "employee"  means an employee of the local correctional facility
 where the person is committed who performs professional duties  consist-
 ing  of providing custody, medical or mental health services, counseling
 services, educational services, or  vocational  training  for  [inmates]
 INCARCERATED  INDIVIDUALS.    For purposes of this paragraph, "employee"
 shall also mean a person, including a volunteer or a government employee
 of the state department of corrections and community  supervision  or  a
 local  health,  education or probation agency, providing direct services
 to [inmates] INCARCERATED INDIVIDUALS in the local correctional facility
 in which the victim is confined at the time of the offense pursuant to a
 contractual arrangement with the local correctional  department  or,  in
 the case of such a volunteer or government employee, a written agreement
 with  such department, provided that such person received written notice
 concerning the provisions of this paragraph; or
   § 106. Section 240.32 of the penal law, as amended by section 127-p of
 the subpart B of part C of chapter 62 of the laws of 2011,  the  opening
 paragraph  as  amended by chapter 180 of the laws of 2013, is amended to
 read as follows:
 § 240.32 Aggravated harassment of an employee by an [inmate] INCARCERAT-
            ED INDIVIDUAL.
   An [inmate] INCARCERATED INDIVIDUAL or respondent is guilty of  aggra-
 vated  harassment  of an employee by an [inmate] INCARCERATED INDIVIDUAL
 when, with intent to harass, annoy, threaten or  alarm  a  person  in  a
 facility whom he or she knows or reasonably should know to be an employ-
 ee  of  such  facility  or  the  board of parole or the office of mental
 health, or a probation department, bureau or unit or a  police  officer,
 he or she causes or attempts to cause such employee to come into contact
 with  blood,  seminal  fluid,  urine, feces, or the contents of a toilet
 bowl, by throwing, tossing or expelling such fluid or material.
   For purposes of this  section,  ["inmate"]  "INCARCERATED  INDIVIDUAL"
 means  an [inmate] INCARCERATED INDIVIDUAL or detainee in a correctional

 A. 2395                            53

 facility, local correctional facility or a hospital,  as  such  term  is
 defined  in  subdivision  two  of section four hundred of the correction
 law. For purposes of this section, "respondent" means a  juvenile  in  a
 secure  facility  operated  and maintained by the office of children and
 family services who is placed with or committed to the office  of  chil-
 dren and family services. For purposes of this section, "facility" means
 a  correctional  facility  or  local correctional facility, hospital, as
 such term is defined in subdivision two of section four hundred  of  the
 correction  law,  or  a  secure  facility operated and maintained by the
 office of children and family services.
   Aggravated harassment of an employee by an [inmate] INCARCERATED INDI-
 VIDUAL is a class E felony.
   § 107. Subdivisions 8, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29  and  30
 of  section 2 of the correction law, subdivision 8 as amended by chapter
 567 of the laws of 1972, subdivision 17 as added by chapter 338  of  the
 laws  of  1989, subdivision 18 as amended by section 1-a of subpart A of
 part C of chapter 62 of the laws of 2011, subdivision 19 as  amended  by
 chapter  63 of the laws of 1994, subdivisions 21, 23, 24, 26, 27, 28, 29
 and 30 as added by chapter 1 of the laws of 2008, are amended to read as
 follows:
   8. "Correctional Camp". A correctional facility consisting of  a  camp
 maintained for the purpose of including conservation work in the program
 of [inmates] INCARCERATED INDIVIDUALS.
   17.  "Alcohol  and substance abuse treatment facility." A correctional
 facility designed to house medium security [inmates] INCARCERATED  INDI-
 VIDUALS  as defined by department rules and regulations and operated for
 the purpose of providing intensive alcohol and substance abuse treatment
 services. Such services shall ensure comprehensive treatment  for  alco-
 holism  and  substance  abuse  to [inmates] INCARCERATED INDIVIDUALS who
 have been identified by the commissioner  or  his  or  her  designee  as
 having  had  or  presently  having  a history of alcoholism or substance
 abuse. Such services shall be provided in  the  facility  in  accordance
 with  minimum standards promulgated by the department after consultation
 with the [division] OFFICE of alcoholism  and  [alcohol  abuse  and  the
 division of] substance abuse services.
   18.  "Alcohol  and  substance  abuse  treatment correctional annex." A
 medium security correctional facility consisting of one or more residen-
 tial dormitories, which provide intensive alcohol  and  substance  abuse
 treatment  services  to  [inmates] INCARCERATED INDIVIDUALS who: (i) are
 otherwise eligible for temporary release, or (ii) stand convicted  of  a
 felony  defined  in article two hundred twenty or two hundred twenty-one
 of the penal law, and  are  within  six  months  of  being  an  eligible
 [inmate]  INCARCERATED INDIVIDUAL as that term is defined in subdivision
 two of section eight hundred fifty-one of this  chapter  including  such
 [inmates] INCARCERATED INDIVIDUALS who are participating in such program
 pursuant to subdivision six of section 60.04 of the penal law.  Notwith-
 standing  the  foregoing  provisions  of  this subdivision, any [inmate]
 INCARCERATED INDIVIDUAL to be  enrolled  in  this  program  pursuant  to
 subdivision  six  of section 60.04 of the penal law shall be governed by
 the same rules and regulations promulgated by the department,  including
 without limitation those rules and regulations establishing requirements
 for  completion and those rules and regulations governing discipline and
 removal from the program. No such period of  court  ordered  corrections
 based  drug  abuse  treatment  pursuant  to  this  subdivision  shall be
 required to extend beyond the defendant's conditional release date. Such
 treatment services may be  provided  by  one  or  more  outside  service

 A. 2395                            54

 providers  pursuant  to  contractual  agreements  with  the  department,
 provided, however, that any such provider shall be required to  continue
 to provide, either directly or through formal or informal agreement with
 other  providers,  alcohol  and  substance  abuse  treatment services to
 [inmates] INCARCERATED INDIVIDUALS who have successfully participated in
 such provider's incarcerative  treatment  services  and  who  have  been
 presumptively  released,  paroled, conditionally released or released to
 post release supervision under the supervision of the department and who
 are, as a condition of such release, required to participate in  alcohol
 or  substance  abuse  treatment.  Such  incarcerative  services shall be
 provided in the facility in accordance with minimum standards promulgat-
 ed by the department after consultation with the  office  of  alcoholism
 and  substance  abuse  services.  Such  services  to  parolees  shall be
 provided in accordance with  standards  promulgated  by  the  department
 after  consultation  with  the  office of alcoholism and substance abuse
 services. Notwithstanding any other provision of law, any person who has
 successfully completed no less than six months of intensive alcohol  and
 substance  abuse  treatment  services  in  one of the department's eight
 designated alcohol and substance abuse  treatment  correctional  annexes
 having a combined total capacity of two thousand five hundred fifty beds
 may  be  transferred to a program operated by or at a residential treat-
 ment facility, provided however,  that  a  person  under  a  determinate
 sentence  as  a second felony drug offender for a class B felony offense
 defined in article  two  hundred  twenty  of  the  penal  law,  who  was
 sentenced  pursuant  to section 70.70 of such law, shall not be eligible
 to be transferred to a  program  operated  at  a  residential  treatment
 facility  until the time served under imprisonment for his or her deter-
 minate sentence, including any jail time credited pursuant  to  subdivi-
 sion  three  of  section  70.30 of the penal law, shall be at least nine
 months. The commissioner shall report annually to the  temporary  presi-
 dent  of  the  senate and the speaker of the assembly commencing January
 first, two thousand twelve the number of [inmates] INCARCERATED INDIVID-
 UALS received by the department during  the  reporting  period  who  are
 subject  to  a  sentence  which  includes  enrollment in substance abuse
 treatment in accordance with subdivision six of  section  60.04  of  the
 penal law, the number of such [inmates] INCARCERATED INDIVIDUALS who are
 not  placed  in  such  treatment program and the reasons for such occur-
 rences.
   19. "Vocational and skills training  facility"  means  a  correctional
 facility  designated  by  the  commissioner  to provide a vocational and
 skills training program ("VAST") to [inmates]  INCARCERATED  INDIVIDUALS
 who need such service before they participate in a work release program.
 The  VAST  facility  shall provide intensive assessment, counseling, job
 search assistance and where appropriate academic and vocational instruc-
 tion to program participants. Such assistance may include an  assessment
 of  any  [inmate's] INCARCERATED INDIVIDUAL'S education attainment level
 and skills aptitudes; career counseling and exploration; the development
 of a comprehensive instructional plan including identification of educa-
 tional and training needs that may extend beyond the date of entry  into
 work  release; instructional programs including GED preparation or post-
 secondary instruction as appropriate; occupational skills training; life
 skills training; employment readiness including workplace behavior;  and
 job  search assistance. The department and the department of labor shall
 jointly develop  activities  providing  career  counseling,  job  search
 assistance,   and  job  placement  services  for  participants.  Nothing
 contained in this section shall be  deemed  to  modify  the  eligibility

 A. 2395                            55
 
 requirements  provided by law applicable to [inmates] INCARCERATED INDI-
 VIDUALS participating in a work release program.
   21.  "Residential  mental  health  treatment  unit"  means housing for
 [inmates] INCARCERATED INDIVIDUALS with serious mental illness  that  is
 operated  jointly  by the department and the office of mental health and
 is therapeutic in nature.  Such units shall not be operated as discipli-
 nary housing units, and decisions  about  treatment  and  conditions  of
 confinement shall be made based upon a clinical assessment of the thera-
 peutic  needs of the [inmate] INCARCERATED INDIVIDUAL and maintenance of
 adequate safety and security on the unit. Such units shall include,  but
 not  be limited to, the residential mental health unit model, the behav-
 ioral health unit model, the intermediate care program and the intensive
 intermediate care program. The models shall be  defined  in  regulations
 promulgated  by  the department in consultation with the commissioner of
 mental health consistent with this subdivision and section four  hundred
 one  of  this  chapter.   [Inmates] INCARCERATED INDIVIDUALS placed in a
 residential mental health treatment unit shall be offered at least  four
 hours  a  day  of  structured out-of-cell therapeutic programming and/or
 mental health treatment, except on weekends or holidays, in addition  to
 exercise,  and may be provided with additional out-of-cell activities as
 are consistent with their mental health needs; provided,  however,  that
 the  department may maintain no more than thirty-eight behavioral health
 unit beds in which the number of hours of out-of-cell structured  thera-
 peutic  programming  and/or mental health treatment offered to [inmates]
 INCARCERATED INDIVIDUALS on a daily basis, except on weekends  or  holi-
 days, may be limited to only two hours. Out-of-cell therapeutic program-
 ming  and/or mental health treatment need not be provided to an [inmate]
 INCARCERATED INDIVIDUAL for a brief orientation period following his  or
 her arrival at a residential mental health treatment unit. The length of
 such orientation period shall be determined by a mental health clinician
 but in no event shall be longer than five business days.
   23.  "Segregated confinement" means the disciplinary confinement of an
 [inmate] INCARCERATED INDIVIDUAL in a special housing unit or in a sepa-
 rate keeplock housing unit.  Special housing units and separate keeplock
 units are housing units that consist of cells grouped so as  to  provide
 separation  from  the  general  population,  and  may  be  used to house
 [inmates] INCARCERATED INDIVIDUALS confined pursuant to the disciplinary
 procedures described in regulations.
   24. "Joint case management committee" means a  committee  composed  of
 staff  from  the  department  and  the  office  of mental health. Such a
 committee shall be established at each level one and level two facility.
 Each committee shall consist of at  least  two  clinical  staff  of  the
 office of mental health and two officials of the department. The purpose
 of  such committee shall be to review, monitor and coordinate the behav-
 ior and treatment plan of any [inmate] INCARCERATED  INDIVIDUAL  who  is
 placed  in  segregated confinement or a residential mental health treat-
 ment unit and who is  receiving  services  from  the  office  of  mental
 health.
   26.  "Treatment  team"  means  a team consisting of an equal number of
 individuals from the department and the office of mental health who  are
 assigned  to  a  residential  mental  health treatment unit and who will
 review and determine each [inmate's] INCARCERATED INDIVIDUAL'S appropri-
 ateness for movement through the various program phases,  when  applica-
 ble.  The  treatment  team shall also review, monitor and coordinate the
 treatment plans for all [inmate] INCARCERATED INDIVIDUAL participants.

 A. 2395                            56
 
   27. "Level one facility" means a correctional facility at which  staff
 from  the  office of mental health are assigned on a full-time basis and
 able to provide treatment to [inmates] INCARCERATED INDIVIDUALS  with  a
 major  mental  disorder.  The  array  of  available specialized services
 include:  residential crisis treatment, residential day treatment, medi-
 cation monitoring by psychiatric nursing staff, and potential commitment
 to the central New York Psychiatric Center.
   28. "Level two facility" means a correctional facility at which  staff
 from  the  office of mental health are assigned on a full-time basis and
 able to provide treatment to [inmates] INCARCERATED INDIVIDUALS  with  a
 major  mental  disorder,  but  such  disorder is not as acute as that of
 [inmates] INCARCERATED INDIVIDUALS who require placement at a level  one
 facility.
   29.  "Level  three  facility"  means  a correctional facility at which
 staff from the office of mental health are assigned on a part-time basis
 and able to provide treatment and medication to  [inmates]  INCARCERATED
 INDIVIDUALS  who  either  have a moderate mental disorder, or who are in
 remission from a disorder, and who are determined by staff of the office
 of mental health to be able to function adequately in the facility  with
 such level of staffing.
   30. "Level four facility" means a correctional facility at which staff
 from  the  office of mental health are assigned on a part-time basis and
 able to provide treatment to [inmates] INCARCERATED INDIVIDUALS who  may
 require limited intervention, excluding psychiatric medications.
   § 107-a. Subdivision 18 of section 2 of the correction law, as amended
 by  section  2 of subpart A of part C of chapter 62 of the laws of 2011,
 is amended to read as follows:
   18. "Alcohol and substance  abuse  treatment  correctional  annex."  A
 medium security correctional facility consisting of one or more residen-
 tial  dormitories  which  provide  intensive alcohol and substance abuse
 treatment services to [inmates] INCARCERATED INDIVIDUALS  who:  (i)  are
 otherwise  eligible  for temporary release, or (ii) stand convicted of a
 felony defined in article two hundred twenty or two  hundred  twenty-one
 of  the  penal  law,  and  are  within  six  months of being an eligible
 [inmate] INCARCERATED INDIVIDUAL as that term is defined in  subdivision
 two  of  section  eight hundred fifty-one of this chapter including such
 [inmates] INCARCERATED INDIVIDUALS who are participating in such program
 pursuant to subdivision six of section 60.04 of the penal law.  Notwith-
 standing the foregoing provisions  of  this  subdivision,  any  [inmate]
 INCARCERATED  INDIVIDUAL  to  be  enrolled  in  this program pursuant to
 subdivision six of section 60.04 of the penal law shall be  governed  by
 the  same rules and regulations promulgated by the department, including
 without limitation those rules and regulations establishing requirements
 for completion and those rules and regulations governing discipline  and
 removal  from  the  program. No such period of court ordered corrections
 based drug  abuse  treatment  pursuant  to  this  subdivision  shall  be
 required to extend beyond the defendant's conditional release date. Such
 treatment  services  may  be  provided  by  one  or more outside service
 providers  pursuant  to  contractual  agreements  with  the  department,
 provided,  however, that any such provider shall be required to continue
 to provide, either directly or through formal or informal agreement with
 other providers, alcohol  and  substance  abuse  treatment  services  to
 [inmates] INCARCERATED INDIVIDUALS who have successfully participated in
 such  provider's  incarcerative  treatment  services  and  who have been
 presumptively released, paroled, conditionally released or  released  to
 post release supervision under the supervision of the department and who

 A. 2395                            57
 
 are,  as a condition of such release, required to participate in alcohol
 or substance abuse  treatment.  Such  incarcerative  services  shall  be
 provided in the facility in accordance with minimum standards promulgat-
 ed  by  the  department after consultation with the office of alcoholism
 and substance  abuse  services.  Such  services  to  parolees  shall  be
 provided  in  accordance  with  standards  promulgated by the department
 after consultation with the office of  alcoholism  and  substance  abuse
 services.  The commissioner shall report annually to the majority leader
 of the senate and the speaker of the assembly commencing January  first,
 two  thousand  twelve  the  number of [inmates] INCARCERATED INDIVIDUALS
 received by the department during the reporting period who  are  subject
 to  a sentence which includes enrollment in substance abuse treatment in
 accordance with subdivision six of section 60.04 of the penal  law,  the
 number  of such [inmates] INCARCERATED INDIVIDUALS who are not placed in
 such treatment program and the reasons for such occurrences.
   § 108. The section heading of section 9  of  the  correction  law,  as
 added  by  section  2  of  part OO of chapter 56 of the laws of 2010, is
 amended to read as follows:
   Access to [inmate] information OF  INCARCERATED  INDIVIDUALS  via  the
 internet.
   §  109. Subdivision 1 of section 10 of the correction law, as added by
 section 8 of subpart A of part C of chapter 62 of the laws of  2011,  is
 amended to read as follows:
   1.  Employees  in the department who perform the duties of supervising
 [inmates] INCARCERATED INDIVIDUALS  released  on  community  supervision
 shall be parole officers.
   §  110. Section 15-c of the correction law, as added by chapter 647 of
 the laws of 1966, is amended to read as follows:
   § 15-c. ACCEPTANCE OF GRANTS OR  GIFTS.  The  commissioner,  with  the
 approval  of  the  governor, may accept as agent of the state any grant,
 including federal grants, or any gift for any of the  purposes  of  this
 article.  Any  moneys  so  received may be expended by the department to
 develop and promote programs for the study and treatment  of  crime  and
 delinquency,  education  and training of [inmates] INCARCERATED INDIVID-
 UALS, staff improvement, research and evaluation, improvement of facili-
 ties, or any other lawful purpose, subject to the same limitations as to
 approval of expenditures and audit as are prescribed  for  state  moneys
 appropriated for the purpose of this article.
   §  111. Section 16 of the correction law, as amended by chapter 447 of
 the laws of 2016, is amended to read as follows:
   § 16. Expense of autopsy; state charge. 1. The reasonable  expense  of
 any  inquiry,  autopsy, examination or report prepared thereon conducted
 by a coroner, coroner's physician or medical examiner as required by law
 with respect to any death occurring to an [inmate] INCARCERATED INDIVID-
 UAL of an institution operated by the department shall,  to  the  extent
 not  otherwise reimbursed by the state, be a state charge. Reimbursement
 of such expense shall be made on vouchers submitted annually and  certi-
 fied  by  the chief fiscal officer of the county or city as the case may
 be on the audit and warrant of the comptroller.
   2. The department shall acquire a preliminary or final  death  certif-
 icate   for  such  [inmate]  INCARCERATED  INDIVIDUAL  from  a  coroner,
 coroner's physician or medical examiner and forward such original  death
 certificate to the next of kin.
   §  112.  Subdivision 1 of section 18 of the correction law, as amended
 by section 10 of subpart A of part C of chapter 62 of the laws of  2011,
 is amended to read as follows:

 A. 2395                            58
 
   1. Each correctional facility shall have a superintendent who shall be
 appointed  by the commissioner. Each such superintendent shall be in the
 non-competitive-confidential class but shall be appointed from employees
 of the department who have at least three years of experience in correc-
 tional work in the department and (i) who have a permanent civil service
 appointment  of salary grade twenty-seven or higher or who have a salary
 equivalent to a salary grade of twenty-seven or higher for  correctional
 facilities  with an [inmate] INCARCERATED INDIVIDUAL population capacity
 of four hundred or more [inmates] INCARCERATED INDIVIDUALS, or (ii)  who
 have  a permanent civil service appointment of salary grade twenty-three
 or higher or who have a salary equivalent to a salary grade  of  twenty-
 three or higher for correctional facilities with an [inmate] INCARCERAT-
 ED  INDIVIDUAL  population capacity of fewer than four hundred [inmates]
 INCARCERATED INDIVIDUALS; provided that for correctional  facilities  of
 either  capacity,  the employee shall be appointed superintendent at the
 hiring rate set forth in section nineteen of this article or such  other
 rate  as  may be appropriate, subject to the approval of the director of
 the budget; provided that in no event shall the salary upon  appointment
 exceed the job rate. Such superintendents shall serve at the pleasure of
 the  commissioner  and  shall  have  such other qualifications as may be
 prescribed by the commissioner, based on differences in  duties,  levels
 of  responsibility,  size  and  character  of the correctional facility,
 knowledge, skills and abilities required, and  other  factors  affecting
 the position.
   §  113.  Paragraphs  a  and  b  of  subdivision 1 of section 19 of the
 correction law, as amended by section 2 of part D of chapter 24  of  the
 laws of 2019, are amended to read as follows:
   a.  The salary schedule for superintendents of a correctional facility
 with an [inmate] INCARCERATED INDIVIDUAL  population  capacity  of  four
 hundred or more [inmates] INCARCERATED INDIVIDUALS shall be as follows:
   Effective April first, two thousand sixteen:
   Hiring Rate                Job Rate
   $116,937                   $159,580
   Effective April first, two thousand seventeen:
   Hiring Rate                Job Rate
   $121,661                   $166,027
   Effective April first, two thousand eighteen:
   Hiring Rate                Job Rate
   $125,335                   $171,041
   Effective April first, two thousand nineteen:
   Hiring Rate                Job Rate
   $127,842                   $174,462
   Effective April first, two thousand twenty:
   Hiring Rate                Job Rate
   $130,399                   $177,951
   b.  The salary schedule for superintendents of correctional facilities
 with an [inmate] INCARCERATED INDIVIDUAL population  capacity  of  fewer
 than  four  hundred  [inmates]  INCARCERATED  INDIVIDUALS  shall  be  as
 follows:
   Effective April first, two thousand sixteen:
   Hiring Rate                Job Rate
   $90,935                    $114,914
   Effective April first, two thousand seventeen:
   Hiring Rate                Job Rate
   $94,609                    $119,557
   Effective April first, two thousand eighteen:

 A. 2395                            59
 
   Hiring Rate                Job Rate
   $97,466                    $123,168
   Effective April first, two thousand nineteen:
   Hiring Rate                Job Rate
   $99,415                    $125,631
   Effective April first, two thousand twenty:
   Hiring Rate                Job Rate
   $101,403                   $128,144
   §  114.  Subdivision 2 of section 22 of the correction law, as amended
 by chapter 829 of the laws of 1975, is amended to read as follows:
   2. Accepts a present from a contractor or contractor's agent, directly
 or indirectly, or employs the labor of an [inmate] INCARCERATED INDIVID-
 UAL or another person employed in such institution on any work  for  the
 private benefit of such commissioner, superintendent, officer or employ-
 ee, is guilty of a misdemeanor.
   §  115.  Section  23 of the correction law, as amended by section 5 of
 subpart B of part C of chapter 62 of the laws of 2011, subdivision 1  as
 amended  by  chapter  254  of  the  laws  of 2017, is amended to read as
 follows:
   § 23. Transfer of [inmates] INCARCERATED INDIVIDUALS from one  correc-
 tional  facility  to  another;  treatment  in  outside hospitals. 1. The
 commissioner shall have the power  to  transfer  [inmates]  INCARCERATED
 INDIVIDUALS  from  one  correctional  facility  to another. Whenever the
 transfer of [inmates] INCARCERATED  INDIVIDUALS  from  one  correctional
 facility  to  another  shall  be ordered by the commissioner, the super-
 intendent of the facility from which the [inmates] INCARCERATED INDIVID-
 UALS are transferred shall take immediate steps to  make  the  transfer.
 The  transfer  shall be in accordance with rules and regulations promul-
 gated by the department for the safe delivery of such  [inmates]  INCAR-
 CERATED INDIVIDUALS to the designated facility. Within twenty-four hours
 of arriving at the facility to which an [inmate] INCARCERATED INDIVIDUAL
 is transferred, he or she shall be allowed to make at least one personal
 phone  call,  except  when to do so would create an unacceptable risk to
 the safety and security of [inmates] INCARCERATED INDIVIDUALS or  staff.
 If  security  precautions  prevent  the [inmate] INCARCERATED INDIVIDUAL
 from making such call, a staff member designated by  the  superintendent
 of  the  facility shall make a call to a person of the [inmate's] INCAR-
 CERATED INDIVIDUAL'S choice unless the [inmate] INCARCERATED  INDIVIDUAL
 declines to have such a call made.
   2.  The  commissioner,  in his or her discretion, may by written order
 permit [inmates] INCARCERATED INDIVIDUALS to receive  medical  diagnosis
 and  treatment  in  outside  hospitals,  upon  the recommendation of the
 superintendent or director that such outside treatment or  diagnosis  is
 necessary  by  reason  of  inadequate facilities within the institution.
 Such [inmates] INCARCERATED INDIVIDUALS shall remain under the jurisdic-
 tion and in the custody of the department while in said outside hospital
 and said superintendent or director shall  enforce  proper  measures  in
 each case to safely maintain such jurisdiction and custody.
   3. The cost of transporting [inmates] INCARCERATED INDIVIDUALS between
 facilities  and  to outside hospitals shall be paid from funds appropri-
 ated to the department for such purpose.
   § 116. Section 24-a of the correction law, as amended by  chapter  481
 of the laws of 1992, is amended to read as follows:
   §  24-a. Actions against persons rendering health care services at the
 request of the department; defense and indemnification.  The  provisions
 of  section  seventeen  of  the  public  officers law shall apply to any

 A. 2395                            60
 
 person holding a license to practice a profession  pursuant  to  article
 one  hundred  thirty-one,  one hundred thirty-one-B, one hundred thirty-
 two, one hundred thirty-three, one hundred thirty-six, one hundred thir-
 ty-seven,  one  hundred  thirty-nine, one hundred forty-one, one hundred
 forty-three, one hundred fifty-six or  one  hundred  fifty-nine  of  the
 education  law,  who  is rendering or has rendered professional services
 authorized under such license while acting at the request of the depart-
 ment or a facility of the department in providing health care and treat-
 ment or professional consultation to [inmates] INCARCERATED  INDIVIDUALS
 of state correctional facilities, or to the infant children of [inmates]
 INCARCERATED  INDIVIDUALS  while  such infants are cared for in facility
 nurseries pursuant to section six hundred eleven of this chapter,  with-
 out  regard  to  whether  such health care and treatment or professional
 consultation is provided within or without a correctional facility.
   § 117. Section 25 of the correction law, as amended by chapter 476  of
 the laws of 2018, is amended to read as follows:
   §  25.  Mutual  assistance  by  institutional  and local fire fighting
 facilities. In cooperation with the development and operation  of  plans
 for mutual aid in cases of fire and other public emergencies, the warden
 or  superintendent  of any state institution in the department, with the
 approval of the commissioner, may authorize the fire department  of  the
 institution to furnish aid to such territory surrounding the institution
 as  may  be  practical in cases of fire and such emergencies, having due
 regard to the safety of the [inmates] INCARCERATED INDIVIDUALS and prop-
 erty of the institution and to engage in practice and training  programs
 in  connection  with  the  development  and operation of such mutual aid
 plans. Any lawfully organized fire-fighting forces or firefighters  from
 such surrounding territory may enter upon the grounds of the institution
 to furnish aid in cases of fire and such emergencies.
   §  118. Section 26 of the correction law, as amended by chapter 487 of
 the laws of 1994, is amended to read as follows:
   § 26. Establishment of commissaries or canteens in correctional insti-
 tutions. The commissioner may authorize the head of any  institution  in
 the  department  to establish a commissary or a canteen in such institu-
 tion for the use and benefit of [inmates] INCARCERATED INDIVIDUALS.  The
 moneys received by the head of the institution as profits from the sales
 of the commissary or canteen shall be deposited in a special fund to  be
 known as the commissary or canteen fund and such funds shall be used for
 the  general  purposes  of  the institution subject to the provisions of
 section fifty-three of the state finance law.
   § 119. Subdivisions 1 and 4 of  section  29  of  the  correction  law,
 subdivision 1 as amended by chapter 485 of the laws of 2019 and subdivi-
 sion  4  as  amended by section 1 of part U of chapter 55 of the laws of
 2012, are amended to read as follows:
   1. The department shall continue to  collect,  maintain,  and  analyze
 statistical  and  other  information  and  data  with respect to persons
 subject to the jurisdiction of the department, including but not limited
 to: (a) the number of such persons: placed in the custody of the depart-
 ment, assigned to a  specific  department  program,  accorded  community
 supervision and declared delinquent, recommitted to a state correctional
 institution upon revocation of community supervision, or discharged upon
 maximum  expiration  of  sentence;  (b)  the  criminal  history  of such
 persons; (c) the social, educational, and  vocational  circumstances  of
 any  such  persons;  (d)  the  institutional  and  community supervision
 programs and the behavior of such persons; and, (e) the  military  back-
 ground  and  circumstances,  if  such person served in the United States

 A. 2395                            61
 
 armed forces.  Provided, however, in the event any statistical  informa-
 tion  on  the  ethnic background of the [inmate] INCARCERATED INDIVIDUAL
 population of a correctional facility or facilities is collected by  the
 department,  such  statistical  information  shall  contain,  but not be
 limited to, the following ethnic categories:  (i) Caucasian; (ii) Asian;
 (iii)  American  Indian;  (iv)  Afro-American/Black;  and  (v)   Spanish
 speaking/Hispanic  which  category shall include, but not be limited to,
 the following  subcategories  consisting  of:  (1)  Puerto  Ricans;  (2)
 Cubans; (3) Dominicans; and (4) other Hispanic nationalities.
   4. (a) The commissioner shall provide an annual report to the legisla-
 ture  on the staffing of correction officers and correction sergeants in
 state correctional facilities. Such report shall  include,  but  not  be
 limited  to  the  following factors: the number of security posts on the
 current plot plan for each facility that have been  closed  on  a  daily
 basis, by correctional facility security classification (minimum, medium
 and maximum); the number of security positions eliminated by correction-
 al  facility  since  two  thousand  compared  to the number of [inmates]
 INCARCERATED INDIVIDUALS incarcerated in each such facility; a breakdown
 by correctional facility security classification (minimum,  medium,  and
 maximum)  of the staff hours of overtime worked, by year since two thou-
 sand and the annual aggregate costs related to this overtime.  In  addi-
 tion,  such report shall be delineated by correctional facility security
 classification, the annual number of security positions eliminated,  the
 number  of closed posts and amount of staff hours of overtime accrued as
 well as the overall overtime expenditures  that  resulted.  Such  report
 shall be provided to the chairs of the senate finance, assembly ways and
 means,  senate crime and corrections and assembly correction committees,
 and posted on the department's website, annually by February first.
   (b) Such report shall also include but not be limited  to:  the  total
 number  of  correctional facilities in operation which are maintained by
 the department, the security level of each facility, the number of  beds
 at each facility as of December thirty-first of the prior year, as clas-
 sified  by the department, and the number of empty beds, if any, by such
 classification as of such date.
   § 120. Paragraph 1 of subdivision (a) of section 42 of the  correction
 law,  as  amended by chapter 490 of the laws of 2019, is amended to read
 as follows:
   1. There shall  be  within  the  commission  a  citizen's  policy  and
 complaint  review  council.  It  shall  consist  of  nine  persons to be
 appointed by the governor, by and with the advice  and  consent  of  the
 senate. One person so appointed shall have served in the armed forces of
 the  United  States in any foreign war, conflict or military occupation,
 who (i) was discharged therefrom under other  than  dishonorable  condi-
 tions,  or  (ii) has a qualifying condition, as defined in section three
 hundred fifty of the executive law, and has received a  discharge  other
 than  bad  conduct  or  dishonorable  from  such  service, or (iii) is a
 discharged LGBT veteran, as defined in section three  hundred  fifty  of
 the  executive  law, and has received a discharge other than bad conduct
 or dishonorable from such service, or shall be a  duly  licensed  mental
 health  professional  who  has  professional experience or training with
 regard to post-traumatic stress syndrome. One person so appointed  shall
 be  an  attorney  admitted  to  practice  in  this  state. One person so
 appointed shall be  a  former  [inmate]  INCARCERATED  INDIVIDUAL  of  a
 correctional  facility.  One  person  so  appointed  shall  be  a former
 correction officer. One person so appointed shall be a  former  resident
 of a division for youth secure center or a health care professional duly

 A. 2395                            62
 
 licensed  to  practice in this state. One person so appointed shall be a
 former employee of the office of children and family  services  who  has
 directly  supervised  youth  in  a secure residential center operated by
 such  office. In addition, the governor shall designate one of the full-
 time members other than the chairman of the commission  as  chairman  of
 the council to serve as such at the pleasure of the governor.
   §  121.  Subdivisions  3,  4,  5,  7,  10  and 17 of section 45 of the
 correction law, subdivision 3 as amended by section 1 of part Q of chap-
 ter 56 of the laws of 2009, subdivision 4 as amended by  section  15  of
 subpart  A  of  part C of chapter 62 of the laws of 2011, subdivisions 5
 and 7 as added by chapter 865 of the laws of  1975,  subdivision  10  as
 amended  by  section  7  of part Q of chapter 56 of the laws of 2009 and
 subdivision 17 as added by chapter 573 of the laws of 2011, are  amended
 to read as follows:
   3.  Except  in  circumstances  involving  health,  safety  or  alleged
 violations of  established  standards  of  the  commission,  visit,  and
 inspect correctional facilities consistent with a schedule determined by
 the  chairman  of  the  commission,  taking into consideration available
 resources, workload and staffing, and appraise the  management  of  such
 correctional facilities with specific attention to matters such as safe-
 ty,  security,  health  of  [inmates] INCARCERATED INDIVIDUALS, sanitary
 conditions, rehabilitative programs, disturbance and fire prevention and
 control preparedness, and adherence to laws  and  regulations  governing
 the rights of [inmates] INCARCERATED INDIVIDUALS.
   4.  Establish  procedures  to assure effective investigation of griev-
 ances of, and conditions affecting, [inmates]  INCARCERATED  INDIVIDUALS
 of local correctional facilities.  Such procedures shall include but not
 be  limited to receipt of written complaints, interviews of persons, and
 on-site monitoring of conditions.   In addition,  the  commission  shall
 establish  procedures  for the speedy and impartial review of grievances
 referred to it by the commissioner of the department of corrections  and
 community supervision.
   5.  Ascertain  and recommend such system of employing [inmates] INCAR-
 CERATED INDIVIDUALS of correctional facilities as may, in the opinion of
 said commission, be for the best interest of  the  public  and  of  said
 [inmates]   INCARCERATED  INDIVIDUALS  and  not  in  conflict  with  the
 provisions of the constitution or laws of  the  state  relating  to  the
 employment of [inmates] INCARCERATED INDIVIDUALS.
   7. Place such members of its staff as it deems appropriate as monitors
 in any local correctional facility which, in the judgment of the commis-
 sion,  presents  an imminent danger to the health, safety or security of
 the [inmates] INCARCERATED INDIVIDUALS or employees of such correctional
 facility or of the public.
   10. Approve or reject plans and specifications for the construction or
 improvement of correctional facilities that directly affect  the  health
 of [inmates] INCARCERATED INDIVIDUALS and staff, safety, or security.
   17.  Make an annual report to the governor, the chairman of the assem-
 bly committee on correction and the chairman of the senate committee  on
 crime  victims,  crime  and correction concerning [inmates] INCARCERATED
 INDIVIDUALS confined in local correctional  facilities  pursuant  to  an
 agreement  authorized  by  section  five hundred-o of this chapter. Such
 report shall include but not be limited to the number of counties  main-
 taining  such  agreements and the number of [inmates] INCARCERATED INDI-
 VIDUALS confined pursuant to such agreements.
   § 122. Subdivisions 1, 2 and 4 of section 46 of  the  correction  law,
 subdivisions  1  and 2 as amended by chapter 232 of the laws of 2012 and

 A. 2395                            63
 
 subdivision 4 as added by chapter 865 of the laws of 1975,  are  amended
 to read as follows:
   1.  The  commission,  any  member  or  any  employee designated by the
 commission must be granted access at any and all times  to  any  correc-
 tional  facility  or  part  thereof  and to all books, records, [inmate]
 medical records OF INCARCERATED INDIVIDUALS and data pertaining  to  any
 correctional facility deemed necessary for carrying out the commission's
 functions, powers and duties. The commission, any member or any employee
 designated by the chairman may require from the officers or employees of
 a correctional facility any information deemed necessary for the purpose
 of carrying out the commission's functions, powers and duties.
   2.  In  the  exercise of its functions, powers and duties, the commis-
 sion, any member, and any attorney employed by the commission is author-
 ized to issue and enforce a subpoena and a subpoena duces tecum,  admin-
 ister  oaths  and  examine  persons  under  oath, in accordance with and
 pursuant to civil practice law and rules. A person examined  under  oath
 pursuant  to  this subdivision shall have the right to be accompanied by
 counsel who shall advise the person of their rights subject  to  reason-
 able  limitations  to  prevent obstruction of, or interference with, the
 orderly conduct of the examination. Notwithstanding any other  provision
 of  law, a subpoena may be issued and enforced pursuant to this subdivi-
 sion for the medical records of an [inmate] INCARCERATED INDIVIDUAL of a
 correctional facility, regardless of whether such medical  records  were
 made  during  the  course  of  the  [inmate's] INCARCERATED INDIVIDUAL'S
 incarceration.
   4. In any case where any rule or regulation promulgated by the commis-
 sion pursuant to subdivision six of section forty-five OF  THIS  ARTICLE
 or  the laws relating to the construction, management and affairs of any
 correctional facility or the  care,  treatment  and  discipline  of  its
 [inmates]  INCARCERATED  INDIVIDUALS,  are  being  or  are  about  to be
 violated, the commission shall notify the person in charge or control of
 the facility of such violation, recommend remedial  action,  and  direct
 such  person to comply with the rule, regulation or law, as the case may
 be. Upon the failure of such person to comply with the rule,  regulation
 or  law  the  commission  may  apply  to  the supreme court for an order
 directed to such person requiring compliance with such rule,  regulation
 or  law.  Upon such application the court may issue such order as may be
 just and a failure to comply with the order of  the  court  shall  be  a
 contempt of court and punishable as such.
   §  123.  Section  47 of the correction law, as added by chapter 865 of
 the laws of 1975, paragraph (d) of subdivision 1 as amended  by  chapter
 80  of  the  laws  of 2020, paragraph (e) of subdivision 1 as amended by
 chapter 447 of the laws of 2016 and subdivision 2 as amended by  chapter
 491 of the laws of 1987, is amended to read as follows:
   §  47.  Functions,  powers and duties of the board. 1. The board shall
 have the following functions, powers and duties:
   (a) Investigate and review the cause and circumstances surrounding the
 death of any [inmate] INCARCERATED INDIVIDUAL of a correctional  facili-
 ty.
   (b)  Visit  and  inspect any correctional facility wherein an [inmate]
 INCARCERATED INDIVIDUAL has died.
   (c) Cause the body of  the  deceased  to  undergo  such  examinations,
 including  an  autopsy, as in the opinion of the board, are necessary to
 determine the cause of death, irrespective of whether any such  examina-
 tion or autopsy shall have previously been performed.

 A. 2395                            64
 
   (d)  Upon  review  of the cause of death and circumstances surrounding
 the death of any  [inmate]  INCARCERATED  INDIVIDUAL,  the  board  shall
 submit  its  report  thereon  to the commission and to the governor, the
 chairman of the assembly committee on correction and the chairman of the
 senate  committee  on  crime  victims,  crime  and correction and, where
 appropriate, make recommendations to  prevent  the  recurrence  of  such
 deaths  to  the  commission  and  the  administrator  of the appropriate
 correctional facility. The report provided to the governor, the chairman
 of the assembly committee on correction and the chairman of  the  senate
 committee  on  crime victims, crime and correction shall not be redacted
 except as otherwise required to protect confidential medical records and
 behavioral health records in accordance with  state  and  federal  laws,
 rules, and regulations.
   (e)  (i)  Investigate and report to the commission on the condition of
 systems for the delivery of medical care to [inmates] INCARCERATED INDI-
 VIDUALS of correctional facilities and where appropriate recommend  such
 changes as it shall deem necessary and proper to improve the quality and
 availability of such medical care.
   (ii)  The  board shall be responsive to inquiries from the next of kin
 and other person designated as a representative of any  [inmate]  INCAR-
 CERATED  INDIVIDUAL  whose  death  takes place during custody in a state
 correctional facility regarding the circumstances surrounding the  death
 of  such  [inmate]  INCARCERATED INDIVIDUAL. Contact information for the
 next of kin and designated  representative  shall  be  provided  by  the
 department to the board from the emergency contact information previous-
 ly provided by the [inmate] INCARCERATED INDIVIDUAL to the department.
   2.  Every  administrator  of a correctional facility shall immediately
 report to the board the death of an [inmate] INCARCERATED INDIVIDUAL  of
 any  such facility in such manner and form as the board shall prescribe,
 together with an autopsy report.
   § 124. The article heading of article 4  of  the  correction  law,  as
 added by chapter 476 of the laws of 1970, is amended to read as follows:
    ESTABLISHMENT OF CORRECTIONAL FACILITIES, COMMITMENTS TO DEPARTMENT
             AND CUSTODY OF [INMATES] INCARCERATED INDIVIDUALS
   §  125. Subdivision 4 of section 70 of the correction law, as added by
 chapter 476 of the laws of 1970, is amended to read as follows:
   4. Two or more correctional facilities may  be  maintained  or  estab-
 lished  in  the  same  building  or  on the same premises so long as the
 [inmates] INCARCERATED INDIVIDUALS of each are at all times  kept  sepa-
 rate  and  apart  from each other except that the [inmates] INCARCERATED
 INDIVIDUALS of one may be  permitted  to  have  contact  with  [inmates]
 INCARCERATED  INDIVIDUALS  of  the  other  in  order  to perform duties,
 receive therapeutic treatment, attend religious services and  engage  in
 like activities as specifically provided in the rules and regulations of
 the department.
   §  126.  Subdivisions 1-a and 1-b of section 71 of the correction law,
 as added by chapter 547 of the laws of 1995,  are  amended  to  read  as
 follows:
   1-a.  The  commissioner  shall  ensure  that  each general confinement
 facility law library has information on international offender transfers
 sufficient to inform those persons who are citizens of a  treaty  nation
 of the existence of such treaties and of the means by which such persons
 may initiate a request for return to the person's country of citizenship
 for  service  of  the  sentence  imposed.  Such law libraries shall also
 contain the most recent annual Amnesty International Report published by
 Amnesty International describing the conditions of prisons in each trea-

 A. 2395                            65
 
 ty nation and, to the extent  practicable,  other  materials  describing
 such  prison  conditions  published by the United Nations, United States
 Department of State or human rights organizations. In addition,  to  the
 extent  practicable, such law libraries shall contain information either
 listing each foreign country's provisions for the reduction of the terms
 of confinement for penal  sentences  as  well  as  the  availability  of
 [inmate]  INCARCERATED  INDIVIDUAL  programs or, shall contain a list of
 officials in the United States Department of Justice or the  embassy  of
 the  foreign  country  to  whom  an [inmate] INCARCERATED INDIVIDUAL may
 write  for  information.  To  the  extent  practicable,  newly  received
 [inmates]   INCARCERATED  INDIVIDUALS  who  are  identified  as  foreign
 nationals of treaty nations shall, as part of the reception process,  be
 advised  of  the  existence  of such treaties and the possibility of the
 initiation of a transfer request.
   1-b. The commissioner shall promulgate rules and  regulations  setting
 forth  the  procedures  by which an [inmate] INCARCERATED INDIVIDUAL may
 apply to be considered for transfer to a foreign nation. The commission-
 er, or his designee, shall retain sole and absolute authority to approve
 or disapprove an [inmate's] INCARCERATED  INDIVIDUAL'S  application  for
 transfer.  Nothing  herein shall be construed to confer upon an [inmate]
 INCARCERATED INDIVIDUAL a right to be a transferred to a foreign nation.
 Notwithstanding any other law, rule or regulation to  the  contrary,  no
 inmate  application  for transfer shall be processed unless the [inmate]
 INCARCERATED INDIVIDUAL has first indicated his willingness  and  desire
 in  writing,  on a form prescribed by the commissioner, to be considered
 for transfer to the foreign nation. Such form shall also contain a  copy
 of  the  [inmate's]  INCARCERATED  INDIVIDUAL'S  most  recent legal date
 computation printout indicating  the  term  or  aggregate  term  of  the
 sentence  originally  imposed and the release dates resulting therefrom.
 If a request for transfer is approved by the commissioner or his  desig-
 nee,  facility  staff  shall assist in the preparation and submission of
 all materials and forms necessary to effectuate the person's request for
 transfer to the United States Department  of  Justice  for  purposes  of
 finalization of the transfer process, including verification proceedings
 before a United States District Court Judge, United States magistrate or
 other  appointed  United  States  official  to  assure  and document the
 [inmate's] INCARCERATED INDIVIDUAL'S voluntary request for transfer.
   § 127. Section 71-a of the correction law, as added by section 16-a of
 subpart A of part C of chapter 62 of the laws of  2011,  is  amended  to
 read as follows:
   §  71-a.  Transitional  accountability  plan.  Upon  admission  of  an
 [inmate] INCARCERATED INDIVIDUAL committed to the custody of the depart-
 ment under an indeterminate or determinate sentence of imprisonment, the
 department shall develop a transitional accountability plan.  Such  plan
 shall  be  a  comprehensive,  dynamic and individualized case management
 plan based on the programming and treatment needs of the [inmate] INCAR-
 CERATED INDIVIDUAL. The purpose of such plan shall  be  to  promote  the
 rehabilitation   of  the  [inmate]  INCARCERATED  INDIVIDUAL  and  their
 successful and productive reentry and reintegration  into  society  upon
 release.  To that end, such plan shall be used to prioritize programming
 and treatment services for the [inmate] INCARCERATED  INDIVIDUAL  during
 incarceration  and any period of community supervision. The commissioner
 may consult with the office of mental health, the office  of  alcoholism
 and  substance  abuse  services,  the board of parole, the department of
 health, and other appropriate agencies in  the  development  of  transi-
 tional case management plans.

 A. 2395                            66
 
   §  128.  Section  72 of the correction law, as added by chapter 476 of
 the laws of 1970, subdivision 2-a as amended by chapter 256 of the  laws
 of  2010, subdivision 2-b as separately added by chapters 536 and 966 of
 the laws of 1974, subdivision 4 as amended by chapter 567 of the laws of
 1972,  subdivision  5  as  amended  by  chapter 339 of the laws of 1972,
 subdivision 7 as added by chapter 261 of the laws of 1987, and  subdivi-
 sions  8  and  9  as  renumbered  by chapter 261 of the laws of 1987, is
 amended to read as follows:
   § 72. Confinement of persons by the department. 1. Except as otherwise
 provided in this section, all persons committed, transferred,  certified
 to  or placed in the care or custody of the department shall be confined
 in institutions maintained  by  the  department  until  paroled,  condi-
 tionally released, transferred to the care of another agency or released
 or discharged in accordance with the law.
   2.  The commissioner, or the superintendent or director of an institu-
 tion in which an  [inmate]  INCARCERATED  INDIVIDUAL  is  confined,  may
 permit  an [inmate] INCARCERATED INDIVIDUAL to be taken, under guard, to
 any place or for any purpose authorized by  law,  and  the  commissioner
 must  provide for delivery of an [inmate] INCARCERATED INDIVIDUAL, under
 guard, to any place where his presence is required pursuant to an  order
 of a court that has authority to require his presence.
   2-a.  The  commissioner, superintendent, or director of an institution
 in which an [inmate] INCARCERATED INDIVIDUAL is confined, may permit  an
 [inmate]  INCARCERATED INDIVIDUAL, wishing to do so, to leave the insti-
 tution under guard for the purpose  of  performing  volunteer  labor  or
 services  when in the public interest upon the threat or occurrence of a
 natural disaster, including but not limited to flood, earthquake, hurri-
 cane, landslide or fire. An [inmate] INCARCERATED INDIVIDUAL may also be
 permitted to leave the institution under guard  to  voluntarily  perform
 work  for a nonprofit organization pursuant to this subdivision. As used
 in this subdivision, the term "nonprofit organization" means  an  organ-
 ization  operated  exclusively for religious, charitable, or educational
 purposes, no part of the net earnings of which inures to the benefit  of
 any private shareholder or individual.
   2-b.  The  commissioner,  or his designee as authorized by the commis-
 sioner, may permit an [inmate] INCARCERATED INDIVIDUAL to be taken under
 guard to any place to participate in an industrial training program.
   3. The  superintendent  or  director  of  an  institution  may  permit
 [inmates]  INCARCERATED  INDIVIDUALS  to  leave  the institution for the
 purpose of performing maintenance work or farm work, or any  other  work
 necessary  or  appropriate for the upkeep, operations or business of the
 institution or the department.
   4. Any [inmate] INCARCERATED INDIVIDUAL who is confined in  a  correc-
 tional facility and who is eligible for parole or who will become eligi-
 ble for parole within two years or who has one year or less remaining to
 be  served  under  his OR HER sentence may be transferred by the commis-
 sioner to a correctional camp and may be permitted, by  the  superinten-
 dent,  to  leave  the camp to engage in conservation or forestry work or
 for any purpose permitted under subdivisions two, TWO-A, TWO-B and three
 of this section.
   5. An [inmate] INCARCERATED INDIVIDUAL may be permitted to  leave  the
 institution  to participate in a temporary release program in accordance
 with the provisions of article twenty-six of this chapter.
   6. An [inmate] INCARCERATED  INDIVIDUAL  of  a  residential  treatment
 facility  may be permitted to leave such facility in accordance with the
 provisions of section seventy-three of this article.

 A. 2395                            67
 
   7. An  [inmate]  INCARCERATED  INDIVIDUAL  of  a  shock  incarceration
 correctional  facility may be permitted to leave the facility to partic-
 ipate in programs in accordance with the provisions of  article  twenty-
 six-A of this chapter.
   8.  In  any case where the decision to permit an [inmate] INCARCERATED
 INDIVIDUAL to leave an institution is made by a person  other  than  the
 commissioner  or a deputy commissioner of correction such action and the
 manner in which it is carried out shall be in strict accordance with the
 rules and regulations of the department. Such rules and regulations  may
 restrict or limit the authority of the superintendent or director in any
 manner deemed advisable by the commissioner.
   9.  The  provisions  of  this  section  shall not be construed in such
 manner as to be in conflict with any provision of law that  specifically
 provides  for  circumstances under which [inmates] INCARCERATED INDIVID-
 UALS may be permitted to leave institutions.
   § 128-a. Subdivision 5 of section 72 of the correction law,  as  added
 by chapter 476 of the laws of 1970, is amended to read as follows:
   5.  An [inmate] INCARCERATED INDIVIDUAL of a work release facility may
 be permitted to leave the facility to  participate  in  a  work  release
 program  in accordance with the provisions of article twenty-six of this
 chapter.
   § 129. Section 72-a of the correction law, as amended by section 7  of
 subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
 read as follows:
   § 72-a.  Community  treatment  facilities.  1.  Transfer  of  eligible
 [inmate]  INCARCERATED  INDIVIDUAL.    Notwithstanding the provisions of
 section seventy-two of this chapter, any [inmate] INCARCERATED  INDIVID-
 UAL  confined  in  a  correctional facility who is an "eligible [inmate]
 INCARCERATED INDIVIDUAL" as defined by subdivision two of section  eight
 hundred  fifty-one  of this chapter and has been certified by the [divi-
 sion of] OFFICE OF ALCOHOLISM AND substance abuse services as  being  in
 need  of substance abuse treatment and rehabilitation may be transferred
 by the commissioner to a community treatment facility.
   2. Designation of facilities. A community treatment facility shall  be
 designated by the [director] COMMISSIONER of the [division of] OFFICE OF
 ALCOHOLISM  AND  substance  abuse  services  and  the commissioner. Such
 facility shall be operated by a provider or sponsoring agency  that  has
 provided  approved residential substance abuse treatment services for at
 least two years duration.
   3. Operating standards. The commissioner, after consultation with  the
 [director]  COMMISSIONER  of  the [division of] OFFICE OF ALCOHOLISM AND
 substance abuse services, shall promulgate rules and  regulations  which
 provide for minimum standards of operation, including but not limited to
 the following:
   (a)  provision for adequate security and protection of the surrounding
 community;
   (b) adequate physical plant standards;
   (c) provisions for adequate program  services,  staffing,  and  record
 keeping; and
   (d)  provision  for  the general welfare of the [inmates] INCARCERATED
 INDIVIDUALS.
   4.  Community  supervision.  The  department  shall  provide  for  the
 provision  of community supervision services. All [inmates] INCARCERATED
 INDIVIDUALS residing in a community treatment facility shall be assigned
 to parole officers for supervision.    Such  parole  officers  shall  be
 responsible for providing such supervision.

 A. 2395                            68
 
   5.  Reports.  The  department  and  the  division  of  substance abuse
 services shall jointly issue quarterly reports including  a  description
 of  those  facilities  that  have been designated as community treatment
 facilities, the number of [inmates] INCARCERATED INDIVIDUALS confined in
 each  facility,  a description of the programs within each facility, and
 the number of absconders, if any, as well as the nature  and  number  of
 re-arrests,  if  any, during the individual's period of community super-
 vision. Copies of such reports, as well  as  copies  of  any  inspection
 report issued by the department or the commission of correction shall be
 sent  to  the director of the budget, the chairman of the senate finance
 committee, the chairman of the senate crime  and  correction  committee,
 the  chairman  of the assembly ways and means committee and the chairman
 of the assembly committee on codes.
   6. Reimbursement. (a)  The  commissioner,  in  consultation  with  the
 [director]  COMMISSIONER  of  the [division of] OFFICE OF ALCOHOLISM AND
 substance abuse services, shall enter into an agreement with the  [divi-
 sion  of]  OFFICE OF ALCOHOLISM AND substance abuse services whereby the
 [division of] OFFICE OF ALCOHOLISM AND  substance  abuse  services  will
 contract  with  community treatment facilities for provision of services
 pursuant to this section within amounts made available  by  the  depart-
 ment. Each contract shall provide for frequent visitation, inspection of
 the facility, and enforcement of the minimum standards and shall author-
 ize  the supervision of [inmates] INCARCERATED INDIVIDUALS residing in a
 community treatment facility by parole officers.
   (b) The commissioner shall promulgate rules and regulations specifying
 those costs related to the  general  operation  of  community  treatment
 facilities that shall be eligible for reimbursement. Such eligible costs
 shall  not include debt service, whether principal or interest, or costs
 for which state or federal aid or reimbursement is otherwise  available.
 Such  rules  and  regulations  shall  be  subject to the approval of the
 director of the budget.
   (c) The department shall not contract for  provision  of  services  to
 more than fifty [inmates] INCARCERATED INDIVIDUALS at any one facility.
   (d) At least thirty days prior to final approval of any such contract,
 a  copy  of  the  proposed contract shall be sent to the director of the
 budget, the chairman of the senate finance committee,  the  chairman  of
 the  senate crime and correction committee, the chairman of the assembly
 ways and means committee, and the chairman of the assembly committee  on
 codes.
   §  130.  Section 72-b of the correction law, as added by section 48 of
 part B of chapter 58 of the laws of 2004, subdivision 2  as  amended  by
 section  17 of subpart A of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   § 72-b. Discharge of [inmates] INCARCERATED INDIVIDUALS to adult  care
 facilities.   1.   An  [inmate]  INCARCERATED  INDIVIDUAL  about  to  be
 discharged to an adult home, enriched housing program or  residence  for
 adults,  as  defined in section two of the social services law, shall be
 referred only to such home, program or residence that is consistent with
 that person's needs and that operates pursuant to section  four  hundred
 sixty  of  the  social services law. No [inmate] INCARCERATED INDIVIDUAL
 shall be directly referred to any facility that is required to be certi-
 fied as an adult care facility under the provisions of article seven  of
 the social services law, unless it has been determined that such facili-
 ty has a valid operating certificate.
   2.  No  [inmate]  INCARCERATED  INDIVIDUAL about to be paroled, condi-
 tionally released, transferred, released or discharged shall be referred

 A. 2395                            69
 
 to any adult home, enriched housing program or residence for adults,  as
 defined  in section two of the social services law, where the department
 of corrections and community supervision  has  received  written  notice
 that the facility has been placed on the "do not refer list" pursuant to
 subdivision  fifteen  of  section  four  hundred  sixty-d  of the social
 services law.
   § 131. Section 73 of the correction law, as amended by  section  8  of
 subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
 read as follows:
   § 73. Residential treatment facilities. 1. The commissioner may trans-
 fer any [inmate] INCARCERATED INDIVIDUAL of a correctional facility  who
 is  eligible  for  community supervision or who will become eligible for
 community supervision within six months after the date  of  transfer  or
 who  has  one  year  or  less  remaining  to  be served under his or her
 sentence to a residential treatment facility  and  such  person  may  be
 allowed to go outside the facility during reasonable and necessary hours
 to  engage  in  any  activity reasonably related to his or her rehabili-
 tation and in accordance with the program established for  him  or  her.
 While outside the facility he or she shall be at all times in the custo-
 dy of the department and under its supervision.
   2. The department shall be responsible for securing appropriate educa-
 tion,  on-the-job  training  and  employment  for [inmates] INCARCERATED
 INDIVIDUALS transferred to residential treatment facilities. The depart-
 ment also shall supervise such [inmates] INCARCERATED INDIVIDUALS during
 their participation in activities outside any such facility and  at  all
 times while they are outside any such facility.
   3. Programs directed toward the rehabilitation and total reintegration
 into  the  community  of  persons transferred to a residential treatment
 facility shall be established.  Each  [inmate]  INCARCERATED  INDIVIDUAL
 shall be assigned a specific program by the superintendent of the facil-
 ity  and  a written memorandum of such program shall be delivered to him
 or her.
   4. If at any time the superintendent of a residential treatment facil-
 ity is of the opinion that any aspect of  the  program  assigned  to  an
 individual  is  inconsistent with the welfare or safety of the community
 or of the facility or its [inmates] INCARCERATED INDIVIDUALS, the super-
 intendent may suspend such program or any part thereof and restrict  the
 [inmate's]  INCARCERATED  INDIVIDUAL'S  activities in any manner that is
 necessary and appropriate. Upon taking such  action  the  superintendent
 shall  promptly  notify  the  commissioner  and  pending decision by the
 commissioner, the superintendent may  keep  such  [inmate]  INCARCERATED
 INDIVIDUAL under such security as may be necessary.
   5.  The  commissioner  may  at any time and for any reason transfer an
 [inmate] INCARCERATED INDIVIDUAL from a residential  treatment  facility
 to another correctional facility.
   6.  Where  a  person  who  is an [inmate] INCARCERATED INDIVIDUAL of a
 residential treatment facility absconds, or fails to return  thereto  as
 specified  in  the  program  approved  for  him or her, he or she may be
 arrested and returned by an officer or employee of the department or  by
 any  peace  officer,  acting  pursuant  to his or her special duties, or
 police officer without a warrant; or a member of the board of parole  or
 an officer designated by such board may issue a warrant for the retaking
 of such person. A warrant issued pursuant to this subdivision shall have
 the  same force and effect, and shall be executed in the same manner, as
 a warrant issued for violation of community supervision.

 A. 2395                            70
 
   7. The provisions of this chapter relating to good behavior allowances
 and conditional release shall apply to behavior of [inmates] INCARCERAT-
 ED INDIVIDUALS while assigned to a residential  treatment  facility  for
 behavior  on  the premises and outside the premises of such facility and
 good   behavior  allowances  may  be  granted,  withheld,  forfeited  or
 cancelled in whole or in part for behavior outside the premises  of  the
 facility  to  the  same extent and in the same manner as is provided for
 [inmates] INCARCERATED INDIVIDUALS within the premises of any facility.
   8. The state board of parole may grant parole to any  [inmate]  INCAR-
 CERATED INDIVIDUAL of a residential treatment facility at any time after
 he  or she becomes eligible therefor. Such parole shall be in accordance
 with provisions of law  that  would  apply  if  the  person  were  still
 confined  in  the  facility from which he or she was transferred, except
 that any personal appearance before the board may be at any place desig-
 nated by the board.
   9. The earnings of any [inmate] INCARCERATED INDIVIDUAL of a  residen-
 tial  treatment  facility  shall  be  dealt  with in accordance with the
 procedure set forth in section eight hundred sixty of this chapter.
   10. The commissioner is authorized to use  any  residential  treatment
 facility  as  a  residence for persons who are on community supervision.
 Persons who reside in such a facility shall be subject to conditions  of
 community supervision imposed by the board.
   §  132. Section 74 of the correction law, as amended by chapter 270 of
 the laws of 2015, is amended to read as follows:
   § 74. Discharge on holidays, Saturdays and Sundays. Where the date  of
 release on parole or conditional release, or where the date of discharge
 from the care or custody of the department, falls on Saturday or Sunday,
 it  shall  be  deemed to fall on the preceding Friday. Where the date of
 such release or discharge falls on a legal holiday it shall be deemed to
 fall on the preceding day, except that when such legal holiday falls  on
 a  Monday  the  date of release shall be deemed to fall on the preceding
 Friday. Notwithstanding the foregoing, or any other provision of the law
 to the contrary, the commissioner, in his or her discretion, may advance
 the release date of an [inmate] INCARCERATED INDIVIDUAL, who  is  sched-
 uled  to  be  released  on a Friday, to a Thursday in any case where the
 [inmate] INCARCERATED INDIVIDUAL will serve a period of community super-
 vision upon release and the commissioner determines that  public  safety
 will be enhanced by a next day reporting requirement.
   §  133.  The  section  heading  and subdivision 1 of section 76 of the
 correction law, the section heading as amended by chapter 5 of the  laws
 of 2015 and subdivision 1 as amended by chapter 385 of the laws of 2019,
 are amended to read as follows:
   Notice of transitional services for [inmates] INCARCERATED INDIVIDUALS
 released from correctional facilities. 1. (a) Prior to the release of an
 [inmate]  INCARCERATED  INDIVIDUAL  from  a  correctional  facility, the
 department shall provide  such  [inmate]  INCARCERATED  INDIVIDUAL  with
 information  on  transitional  services  available in the county or city
 where such [inmate] INCARCERATED INDIVIDUAL is scheduled to be released.
 Such information shall include programs designed to promote the success-
 ful and productive reentry and reintegration of an [inmate] INCARCERATED
 INDIVIDUAL into society including medical and  mental  health  services,
 HIV/AIDS  services,  educational,  vocational  and  employment services,
 alcohol or substance abuse treatment and housing services.  The  depart-
 ment  shall maintain a current list of transitional services which shall
 be updated regularly  in  order  to  effectuate  the  purposes  of  this
 section.  Where  appropriate, the department shall provide assistance to

 A. 2395                            71
 
 an [inmate] INCARCERATED INDIVIDUAL in contacting a program  or  service
 provider  prior  to such [inmate's] INCARCERATED INDIVIDUAL'S release to
 the community.
   (b)  Upon  discharge  of  an  [inmate]  INCARCERATED INDIVIDUAL from a
 correctional facility, the department shall provide such [inmate] INCAR-
 CERATED INDIVIDUAL with educational information about the prevention  of
 human  immunodeficiency virus (HIV) infection, instructions about how to
 obtain free HIV testing upon release, including contact information  for
 HIV  counseling  and  testing service providers located in the county or
 city in which such [inmate] INCARCERATED INDIVIDUAL  intends  to  reside
 upon release, and referrals to community-based HIV prevention, education
 and  counseling  resources  located  in the county or city in which such
 [inmate] INCARCERATED INDIVIDUAL intends to reside upon release.
   § 134. Subdivisions 1, 4 and 5 of section 87 of the correction law, as
 added by chapter 549 of the  laws  of  1987,  are  amended  to  read  as
 follows:
   1. "Alternate correctional facility" shall mean a correctional facili-
 ty  designed to house medium security [inmates] INCARCERATED INDIVIDUALS
 as defined by department rules and regulations, which is  owned  by  the
 city  of  New York, operated by the department pursuant to the rules and
 regulations promulgated by the commissioner and in accordance  with  the
 operation  agreement as defined in subdivision five of this section, and
 used for the confinement of eligible [inmates] INCARCERATED INDIVIDUALS,
 as defined by subdivision four of this section.
   4. "Eligible [inmates]  INCARCERATED  INDIVIDUALS"  shall  mean  [male
 inmates] INCARCERATED INDIVIDUALS of a New York city correctional facil-
 ity  who are at least nineteen years of age, who are serving a definite,
 but not an intermittent, sentence of imprisonment, and who do  not  have
 criminal charges pending against them.
   5. "Operation agreement" shall mean an agreement entered into pursuant
 to section eighty-eight of this article by the commissioner and the city
 of New York which governs the operation of one or both alternate correc-
 tional  facilities  and addresses all related issues, including, but not
 limited to, general staffing levels and nature  of  staffing  positions;
 composition  of medical staff; availability of outside medical services;
 procedures and criteria for selecting  eligible  [inmates]  INCARCERATED
 INDIVIDUALS;  availability  and frequency of transportation of [inmates]
 INCARCERATED INDIVIDUALS and visitors of [inmates] INCARCERATED INDIVID-
 UALS to such facility; availability, content and frequency  of  program-
 ming  for  [inmates]  INCARCERATED INDIVIDUALS; mechanisms to establish,
 monitor and review operating and capital expenditures; and legal  repre-
 sentation  of  both  [inmates] INCARCERATED INDIVIDUALS and employees of
 such facilities.
   § 135. Subdivision 4 of section 88 of the correction law, as added  by
 chapter 549 of the laws of 1987, is amended to read as follows:
   4. For each alternate correctional facility, the commissioner is here-
 by  authorized  and empowered to enter into a construction agreement, an
 operation agreement, and any other agreements or leases with the city of
 New York which are deemed by the commissioner to be necessary or conven-
 ient for the establishment, operation and maintenance  of  an  alternate
 correctional facility. An operation agreement shall govern the operation
 of  an  alternate  correctional  facility  for up to ten years after the
 commencement of housing of eligible [inmates]  INCARCERATED  INDIVIDUALS
 at  such  facility.    The  commissioner  shall not operate an alternate
 correctional facility except pursuant to an  executed  operation  agree-
 ment.

 A. 2395                            72
 
   §  136.  Subdivision 2 of section 88-a of the correction law, as added
 by chapter 549 of the laws of 1987, is amended to read as follows:
   2.  To  enter  into an operation agreement or agreements as defined in
 this article and pursuant to any such agreements  to  utilize  alternate
 correctional facilities for the housing of certain [inmates] INCARCERAT-
 ED INDIVIDUALS of New York city correctional facilities.
   § 137. Subdivision 1 of section 89-a of the correction law, as amended
 by chapter 409 of the laws of 1991, is amended to read as follows:
   1.  Management of alternate correctional facilities.  Superintendence,
 management and control of  alternate  correctional  facilities  and  the
 eligible  [inmates]  INCARCERATED INDIVIDUALS housed therein shall be as
 directed by the commissioner consistent with the following: an alternate
 correctional facility shall be operated  pursuant  to  rules  and  regu-
 lations promulgated for such facilities by the commissioner in consulta-
 tion  with  the state commission of correction and the provisions of the
 operation agreement. The commissioner shall operate such facility  inso-
 far  as practicable in the same manner as a general confinement facility
 which houses medium security state [inmates]  INCARCERATED  INDIVIDUALS.
 Nothing  herein, however, shall preclude the commissioner from enhancing
 staffing or programming to accommodate the particular needs of  eligible
 [inmates]  INCARCERATED INDIVIDUALS pursuant to the operation agreement.
 No [inmate] INCARCERATED INDIVIDUAL shall be  housed  in  any  alternate
 correctional  facility  until  such  facility  has  been  established in
 accordance with the provisions of section eighty-nine of  this  article.
 The  population  in  an alternate correctional facility shall not exceed
 its design capacity of approximately seven  hundred  eligible  [inmates]
 INCARCERATED  INDIVIDUALS except pursuant to variances permitted by law,
 rule or regulation or court order.
   § 138. Section 89-c of the correction law, as added by chapter 549  of
 the laws of 1987, is amended to read as follows:
   § 89-c. Use of alternate correctional facilities. 1. Alternate correc-
 tional  facilities  shall  serve  only  to supplement local correctional
 facilities within the city of New York. In considering whether to assign
 an eligible [inmate] INCARCERATED INDIVIDUAL to an alternate correction-
 al facility or to transfer such [inmate]  INCARCERATED  INDIVIDUAL  from
 such facility, preference shall be given to available space suitable for
 housing  sentenced  [inmates]  INCARCERATED INDIVIDUALS at local correc-
 tional facilities within the city of New York.
   2. Consistent with the provisions of this article and subject  to  the
 applicable rules and regulations for operation of alternate correctional
 facilities  and the provisions of the operation agreement, assignment of
 [inmates] INCARCERATED INDIVIDUALS to alternate correctional  facilities
 shall  be  made  jointly by the commissioner and the commissioner of the
 New York city department of  correction.  In  making  such  assignments,
 consideration  shall  be given to [inmates] INCARCERATED INDIVIDUALS who
 have a greater period of time remaining to be served on their sentences,
 taking into account any applicable jail time and good behavior time.  No
 [inmate]   INCARCERATED  INDIVIDUAL  who  is  eligible  for  educational
 services pursuant to subdivision seven of  section  three  thousand  two
 hundred  two  of  the  education law and who chooses to avail himself OR
 HERSELF of such services shall be assigned to an alternate  correctional
 facility.
   3.  [Inmates]  INCARCERATED  INDIVIDUALS assigned to alternate correc-
 tional facilities shall be returned to  a  local  correctional  facility
 within  the city of New York at any such time as the commissioner deter-
 mines:

 A. 2395                            73
 
   (a) that the assignment was not in accordance with this article, or
   (b)  that the confinement of an [inmate] INCARCERATED INDIVIDUAL in an
 alternate correctional facility is no longer suitable because it  poten-
 tially endangers the safety, security or order of the facility.
   4.  Any  [inmate]  INCARCERATED  INDIVIDUAL who is eligible for educa-
 tional services pursuant to subdivision seven of section three  thousand
 two  hundred  two  of  the education law shall also be returned to a New
 York city local correctional facility if he  OR  SHE  chooses  to  avail
 himself OR HERSELF of such services.
   5.  [Inmates]  INCARCERATED  INDIVIDUALS assigned to alternate correc-
 tional facilities shall be returned to  a  New  York  city  correctional
 facility  within  the city of New York no later than seven days prior to
 their scheduled release or discharge from incarceration.
   6. Notwithstanding any other provisions of law, no [inmates] INCARCER-
 ATED INDIVIDUALS from jurisdictions other than  the  city  of  New  York
 shall be housed at any time in an alternate correctional facility.
   §  139. Section 89-d of the correction law, as added by chapter 549 of
 the laws of 1987, is amended to read as follows:
   § 89-d. Transportation. The state of New York shall have no  responsi-
 bility,  financial or otherwise, for transporting [inmates] INCARCERATED
 INDIVIDUALS between a New York city local correctional facility  and  an
 alternate  correctional  facility,  regardless  of  the  reason for such
 transfer. The city of New York shall be responsible for all such  costs,
 as well as the actual transportation and supervision of [inmates] INCAR-
 CERATED INDIVIDUALS during transport.
   §  140.  Subdivision 3 of section 89-e of the correction law, as added
 by chapter 549 of the laws of 1987, is amended to read as follows:
   3. The panel shall examine whether alternate  correctional  facilities
 should  continue to be utilized, whether all steps practicable have been
 taken by the city of New York toward  finding  alternatives  to  housing
 eligible  [inmates]  INCARCERATED  INDIVIDUALS in alternate correctional
 facilities, including the construction of correctional facilities within
 the city of New York and the development of alternatives  to  incarcera-
 tion,  and  whether  there has been compliance with all applicable laws,
 rules and regulations and the operation agreement.
   § 141. Subdivision 1 of section 90 of the correction law, as added  by
 chapter 478 of the laws of 1970, is amended to read as follows:
   1.  To provide correctional programs for persons who receive sentences
 of imprisonment with terms of one year or less and who  otherwise  would
 be  confined  in  institutions in counties that do not have a sufficient
 number of [inmates] INCARCERATED INDIVIDUALS to justify construction  of
 an  adequate  correctional  institution or operation of a modern correc-
 tional program;
   § 142. The section heading and subdivisions 1 and 3 of section  91  of
 the  correction  law, as amended by section 5 of part H of chapter 56 of
 the laws of 2009, are amended to read as follows:
   Agreements for custody of  definite  sentence  [inmates]  INCARCERATED
 INDIVIDUALS.    1. The commissioner may enter into an agreement with any
 county or with the city of New  York  to  provide  for  custody  by  the
 department  of  persons  who  receive definite sentences of imprisonment
 with terms in excess of ninety  days  who  otherwise  would  serve  such
 sentences  in  the  jail, workhouse, penitentiary or other local correc-
 tional institution maintained by such locality; provided, however,  that
 a  person  committed  to  the  custody  of the department pursuant to an
 agreement established by this section, except a person committed  pursu-
 ant  to  an agreement with the city of New York, shall be delivered to a

 A. 2395                            74
 
 reception center designated by the commissioner for an initial  process-
 ing  period  which  shall  be no longer than seven days, and thereafter,
 shall be transferred to  a  general  confinement  correctional  facility
 located  in  the same county or in a county adjacent to the county where
 such person would otherwise be committed to a local correctional facili-
 ty. In the event, however, that exigent circumstances related to health,
 safety or security arise which require  the  immediate  transfer  of  an
 [inmate]  INCARCERATED INDIVIDUAL to a different facility not within the
 county or adjacent county, then the department shall, as soon thereafter
 as practicable, arrange for such [inmate] INCARCERATED INDIVIDUAL to  be
 returned  to  the  jurisdiction  of  the county from which he or she was
 committed.
   3. An agreement made under this section shall require the locality  to
 pay  the  cost  of  treatment,  maintenance and custody furnished by the
 department, and the costs incurred under subdivision  two  or  three  of
 section  one  hundred  twenty-five  of  this  chapter  relating  to  the
 provision  of  clothing,  money  and  transportation  upon  release   or
 discharge of [inmates] INCARCERATED INDIVIDUALS delivered to the depart-
 ment pursuant to the agreement, and shall contain at least the following
 provisions:
   (a) A provision specifying the minimum length of the term of imprison-
 ment  of  persons who may be received by the department under the agree-
 ment, which may be any term in excess of ninety days agreed  to  by  the
 parties and which need not be the same in each agreement;
   (b)  A  provision  that  no charge will be made to the state or to the
 department or to any of its institutions during  the  pendency  of  such
 agreement  for  delivery  of  [inmates]  INCARCERATED INDIVIDUALS to the
 department by officers of the  locality,  and  that  the  provisions  of
 section  six hundred two of this chapter or of any similar law shall not
 apply for delivery of [inmates]  INCARCERATED  INDIVIDUALS  during  such
 time;
   (c)  Designation  of  the correctional facility or facilities to which
 persons under sentences covered by the agreement are to be delivered;
   (d) A provision  requiring  the  department  to  provide  transitional
 services  upon  the  release  of persons committed to the custody of the
 department pursuant to an agreement established by this section;
   (e) Any other provision the commissioner may deem necessary or  appro-
 priate; and
   (f)  A provision giving either party the right to cancel the agreement
 by giving the other party notice in writing, with cancellation to become
 effective on such date as may be specified in such notice.
   § 142-a. The section heading, and  paragraphs  (b),  (c)  and  (d)  of
 subdivision 3 of section 91 of the correction law, as amended by section
 10 of subpart B of part C of chapter 62 of the laws of 2011, are amended
 to read as follows:
   Agreements  for  custody  of  definite sentence [inmates] INCARCERATED
 INDIVIDUALS.
   (b) A provision that no charge will be made to the  state  or  to  the
 state  department  of corrections and community supervision or to any of
 its institutions during the pendency of such agreement for  delivery  of
 [inmates]   INCARCERATED   INDIVIDUALS   to   the  state  department  of
 corrections and community supervision by officers of the  locality,  and
 that the provisions of section six hundred two of this chapter or of any
 similar law shall not apply for delivery of [inmates] INCARCERATED INDI-
 VIDUALS during such time;

 A. 2395                            75
 
   (c) A provision that no charge shall be made to or shall be payable by
 the state during the pendency of such agreement for the expense of main-
 taining  parole  violators  pursuant  to section [two hundred sixteen of
 this chapter] TWO HUNDRED FIFTY-NINE-I OF THE  EXECUTIVE  LAW,  for  the
 expense  of  maintaining  coram  nobis prisoners pursuant to section six
 hundred one-b of this chapter, OR for the expense of maintaining  felony
 prisoners pursuant to section six hundred one-c of this chapter[, or for
 the  expense of maintaining alternative local reformatory inmates pursu-
 ant to section eight hundred thirty-five in institutions  maintained  by
 the locality];
   (d)  A provision, approved by the state comptroller, for reimbursement
 of the state department of corrections and community supervision by  the
 locality for expenses incurred under subdivision two or three of section
 one  hundred twenty-five of this chapter relating to clothing, money and
 transportation furnished upon release or discharge of  [inmates]  INCAR-
 CERATED INDIVIDUALS delivered to the state department of corrections and
 community supervision pursuant to the agreement;
   §  143.  Section  92 of the correction law, as amended by section 6 of
 part H of chapter 56 of the laws of 2009, is amended to read as follows:
   § 92. Effect of agreement for custody of definite  sentence  [inmates]
 INCARCERATED  INDIVIDUALS.   1.  After a copy of an agreement made under
 section ninety-one of this article is filed with the secretary of state,
 all commitments under sentences covered by the agreement  by  courts  in
 the  county  or  city  to  which it applies shall be deemed to be to the
 custody of the department and shall  be  so  construed  and  interpreted
 irrespective  of  the institution or agency to which the commitments are
 made.
   2. Any [inmate] INCARCERATED INDIVIDUAL  who  is  serving  a  term  of
 imprisonment  covered  by  the  agreement imposed prior to the filing of
 such agreement, and any [inmate] INCARCERATED INDIVIDUAL  who  is  under
 consecutive definite sentences of imprisonment with an aggregate term of
 the length covered by the agreement, irrespective of whether one or more
 of  such sentences was imposed prior to the filing of the agreement, may
 be transferred to the care of the department upon request of the head of
 the county or city institution and approval of the commissioner.
   3.  [Inmates] INCARCERATED INDIVIDUALS who are deemed committed to the
 custody of the department under subdivision one of this section, or  who
 may  be  transferred to the care of the department under subdivision two
 of this section, shall be dealt with in all respects in the same  manner
 as  [inmates]  INCARCERATED  INDIVIDUALS committed to the custody of the
 department.
   4. In the event any such agreement is cancelled, [inmates] INCARCERAT-
 ED INDIVIDUALS delivered to the department prior to the date of  cancel-
 lation  shall  continue  to serve their sentences in the custody of such
 department and the provisions of such agreement shall continue to  apply
 with  respect to such [inmates] INCARCERATED INDIVIDUALS.  A copy of the
 notice of cancellation shall be filed with the secretary  of  state  and
 with  the clerks of courts in the manner provided in subdivision four of
 section ninety-one of this article, and no [inmates] INCARCERATED  INDI-
 VIDUALS  shall  be delivered to the custody of the department under such
 agreement after the date on which such cancellation becomes effective.
   § 143-a. Section 92 of the correction law, as amended by section 11 of
 subpart B of part C of chapter 62 of the laws of  2011,  is  amended  to
 read as follows:
   §  92.  Effect of agreement for custody of definite sentence [inmates]
 INCARCERATED INDIVIDUALS. 1.  After a copy of an  agreement  made  under

 A. 2395                            76
 
 section ninety-one of this article is filed with the secretary of state,
 all  commitments  under  sentences covered by the agreement by courts in
 the county or city to which it applies shall be  deemed  to  be  to  the
 custody of the state department of corrections and community supervision
 and  shall  be so construed and interpreted irrespective of the institu-
 tion or agency to which the commitments are made.
   2. Any [inmate] INCARCERATED INDIVIDUAL  who  is  serving  a  term  of
 imprisonment  covered  by  the  agreement imposed prior to the filing of
 such agreement, and any [inmate] INCARCERATED INDIVIDUAL  who  is  under
 consecutive definite sentences of imprisonment with an aggregate term of
 the length covered by the agreement, irrespective of whether one or more
 of  such sentences was imposed prior to the filing of the agreement, may
 be transferred to the care of the state department  of  corrections  and
 community  supervision  upon  request  of the head of the county or city
 institution and approval of the state commissioner  of  corrections  and
 community supervision.
   3.  [Inmates] INCARCERATED INDIVIDUALS who are deemed committed to the
 custody of the state department of corrections and community supervision
 under subdivision one of this section, or who may be transferred to  the
 care  of  the  state department of corrections and community supervision
 under subdivision two of this  section,  shall  be  dealt  with  in  all
 respects  in  the  same  manner  as  [inmates]  INCARCERATED INDIVIDUALS
 committed to the custody of the  state  department  of  corrections  and
 community supervision.
   4. In the event any such agreement is cancelled, [inmates] INCARCERAT-
 ED  INDIVIDUALS  delivered  to  the  state department of corrections and
 community supervision prior to the date of cancellation  shall  continue
 to  serve  their  sentences  in  the  custody of such department and the
 provisions of such agreement shall continue to  apply  with  respect  to
 such  [inmates]  INCARCERATED  INDIVIDUALS.    A  copy  of the notice of
 cancellation shall be filed with the secretary of  state  and  with  the
 clerks  of  courts in the manner provided in subdivision four of section
 ninety-one of this article, and no  [inmates]  INCARCERATED  INDIVIDUALS
 shall be delivered to the custody of the state department of corrections
 and  community  supervision under such agreement after the date on which
 such cancellation becomes effective.
   § 144. Section 93 of the correction law, as amended by section  12  of
 subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
 read as follows:
   § 93. Temporary custody of sentenced [inmates]  INCARCERATED  INDIVID-
 UALS  in emergencies. 1. Whenever a state of emergency shall be declared
 by the chief executive officer of a local government pursuant to section
 two hundred nine-m of the general municipal  law,  the  chief  executive
 officer  of  the county in which such state of emergency is declared, or
 where a county or counties are wholly within a city the  mayor  of  such
 city,  may request the governor to remove all or any number of sentenced
 [inmates] INCARCERATED INDIVIDUALS from institutions maintained by  such
 county  or city. Upon receipt of such request, if the governor is satis-
 fied that the public interest so requires, the governor may, in  his  OR
 HER   discretion,   authorize  and  direct  the  state  commissioner  of
 corrections and community supervision to remove such [inmates] INCARCER-
 ATED INDIVIDUALS.
   2. Upon receipt of  any  such  direction  the  state  commissioner  of
 corrections  and  community  supervision  shall transport such [inmates]
 INCARCERATED INDIVIDUALS to any correctional facility in the  department
 and  such  [inmates]  INCARCERATED  INDIVIDUALS shall be retained in the

 A. 2395                            77
 
 custody of the department, subject to all laws and rules and regulations
 pertaining to [inmates] INCARCERATED INDIVIDUALS in the custody  of  the
 department,  until  returned  to  the  institution  from which they were
 removed or discharged or released in accordance with the law.
   3. In the event that the state department of corrections and community
 supervision does not have space in its correctional facilities to accom-
 modate  all  or  any number of the [inmates] INCARCERATED INDIVIDUALS so
 removed from a local institution, the commissioner shall have the  power
 to  lodge  any  number of such [inmates] INCARCERATED INDIVIDUALS in any
 county jail, workhouse or penitentiary within the state that has room to
 receive them and such institution shall  be  required  to  receive  such
 [inmates]  INCARCERATED INDIVIDUALS.  [Inmates] INCARCERATED INDIVIDUALS
 so lodged shall be subject to all rules and  regulations  pertaining  to
 [inmates]  INCARCERATED  INDIVIDUALS committed to such institution until
 returned to the institution from which they were removed, or removed  to
 a  state  correctional facility, or discharged or released in accordance
 with the law; provided, however, that [inmates] INCARCERATED INDIVIDUALS
 discharged or released from any such local institution shall be entitled
 to receive clothing, money and transportation from the state  department
 of corrections and community supervision to the same extent as [inmates]
 INCARCERATED INDIVIDUALS discharged or released from a state correction-
 al facility.
   4. When sentenced [inmates] INCARCERATED INDIVIDUALS have been removed
 from  a  penitentiary pursuant to this section, such penitentiary may be
 used for the purpose of detention of prisoners awaiting trial or for any
 other purpose to which a county jail may be put.
   5. The original order of commitment and any other case record pertain-
 ing to [inmates]  INCARCERATED  INDIVIDUALS  removed  pursuant  to  this
 section shall be delivered to the head of any institution in which he or
 she may be lodged and shall be returned to the institution from which he
 or  she was removed at the time of his OR HER return to such institution
 or upon his or her release or discharge in accordance with the law.
   6. [Inmates] INCARCERATED INDIVIDUALS removed from a local institution
 pursuant to a request made under subdivision one of this section may  be
 returned  to  such  institution by the state commissioner of corrections
 and community supervision, subject to the approval of the  governor,  at
 any  time  such  commissioner  is  satisfied  that  the  return  of such
 [inmates] INCARCERATED INDIVIDUALS is not inconsistent with  the  public
 interest.
   7. The county or city maintaining the institution from which [inmates]
 INCARCERATED INDIVIDUALS are removed pursuant to subdivision one of this
 section shall be liable for all damages arising out of any act performed
 pursuant to this section and for reimbursement for the following items:
   (a)  The  cost  of clothing, money and transportation furnished to any
 [inmate] INCARCERATED INDIVIDUAL who is released or discharged prior  to
 the  return  of such [inmate] INCARCERATED INDIVIDUAL to the institution
 from which he or she is removed shall be paid to the state department of
 corrections and community supervision; and
   (b) The cost of maintaining any [inmate] INCARCERATED INDIVIDUAL in  a
 county  jail,  workhouse  or  penitentiary  shall  be  paid to the local
 government that maintains such institution. Such cost shall be the actu-
 al per capita daily cost, as certified  to  the  state  commissioner  of
 corrections and community supervision.
   §  145.  Section 94 of the correction law, as amended by section 13 of
 subpart B of part C of chapter 62 of the laws of  2011,  is  amended  to
 read as follows:

 A. 2395                            78
 
   §  94.  Use of local government institutions for residential treatment
 of persons under the custody of the state department of corrections  and
 community  supervision.    1.  The state commissioner of corrections and
 community supervision is hereby  authorized  to  transfer  any  [inmate]
 INCARCERATED  INDIVIDUAL under the care or custody of the department who
 is eligible to be transferred to a residential treatment facility  under
 section  seventy-three  of this chapter to any county jail, workhouse or
 penitentiary for the purpose of having such [inmate] INCARCERATED  INDI-
 VIDUAL  engage  in  a  residential treatment facility program; provided,
 however, that:
   (a) Such [inmate] INCARCERATED INDIVIDUAL has resided or was  employed
 or  has  dependents  or parents who reside in the county, or in a county
 that is contiguous to the county, in which the institution to  which  he
 OR SHE would be transferred is located;
   (b)  Arrangements  have been made for the education, on-the-job train-
 ing, employment or for  some  other  rehabilitative  treatment  of  such
 [inmate]  INCARCERATED  INDIVIDUAL in the county, or in a county that is
 contiguous to the county, in which the institution to which  he  OR  SHE
 would be transferred is located; and
   (c)   The  sheriff,  warden,  superintendent,  local  commissioner  of
 correction or other person in charge of the  institution  to  which  the
 [inmate]  INCARCERATED  INDIVIDUAL would be transferred consents to such
 transfer.
   2. An [inmate] INCARCERATED INDIVIDUAL so transferred  shall  continue
 to be in the custody of the state department of corrections and communi-
 ty  supervision but shall, during the period of such transfer, be in the
 care of the head of the institution to which he or she  is  transferred.
 The  provisions  of section seventy-three of this chapter shall apply in
 the case of any such transfer as fully and completely as if the [inmate]
 INCARCERATED INDIVIDUAL were  transferred  to  a  residential  treatment
 facility,  and  the head of the institution to which the [inmate] INCAR-
 CERATED INDIVIDUAL is transferred and the officers and employees thereof
 shall have and may exercise all of the powers of the superintendent of a
 residential treatment facility with respect to the care  or  custody  of
 such [inmate] INCARCERATED INDIVIDUAL.
   In  any  case  where  an [inmate] INCARCERATED INDIVIDUAL is employed,
 however, the provisions of subdivision nine  of  such  section  seventy-
 three shall not apply and the wages or salary of such [inmate] INCARCER-
 ATED INDIVIDUAL shall be dealt with under the provisions applicable to a
 work  release  program  in the type of institution to which he OR SHE is
 transferred as provided in [sections] SECTION one hundred  fifty-four[,]
 OR  eight  hundred  seventy-two  [or eight hundred ninety-three] OF THIS
 CHAPTER as the case may be; and in the event such [inmate]  INCARCERATED
 INDIVIDUAL  is  returned  to  a state correctional facility, any balance
 remaining in the trust fund account shall be paid  over  to  the  super-
 intendent  of  such  facility  and  shall  be deposited by him or her as
 [inmates'] INCARCERATED  INDIVIDUALS'  funds  pursuant  to  section  one
 hundred sixteen of this chapter.
   3. If at any time the head of a local institution to which an [inmate]
 INCARCERATED  INDIVIDUAL  is  transferred  under  this section is of the
 opinion that continued care of such [inmate] INCARCERATED INDIVIDUAL  in
 such  institution  is  inconsistent  with  the  welfare or safety of the
 community or of the institution or its [inmates]  INCARCERATED  INDIVID-
 UALS,  he  or  she  may  request  the  state commissioner to return such
 [inmate] INCARCERATED INDIVIDUAL to a state correctional  facility  and,
 upon  the receipt of any such request, the commissioner shall cause such

 A. 2395                            79
 
 [inmate] INCARCERATED INDIVIDUAL to be so returned promptly and  at  the
 expense  of  the  state  department  of corrections and community super-
 vision.
   4.  The  expenses  of  any  such  transfer  shall be paid by the state
 department of corrections and community supervision and the commissioner
 is hereby authorized to reimburse the local institution for a sum deter-
 mined by the head of such institution and agreed to in  advance  by  the
 commissioner  to  be  the  cost of food, lodging and clothing within the
 institution, and  the  actual  and  necessary  food,  travel  and  other
 expenses  required  for  a  program outside the institution, incurred or
 advanced by the institution; provided, however, that:
   (a) In any case where the commissioner has a pending agreement with  a
 locality  under  section  ninety-one  of  this article, the commissioner
 shall not reimburse the local institution  for  any  cost  incurred  for
 food, lodging and clothing within the institution; and
   (b)  The  wages or salary, if any, of such [inmate] INCARCERATED INDI-
 VIDUAL shall be used for such reimbursement  and  shall  be  applied  to
 defray  any  costs  authorized  to be paid under this section before any
 amount shall be paid by the commissioner hereunder, and any  such  wages
 or  salary may be so applied irrespective of the provisions of paragraph
 (a) of this subdivision.
   § 146. Subdivisions 2, 3 and 5 of section 95 of  the  correction  law,
 subdivisions  2  and  5  as  added  by chapter 3 of the laws of 1995 and
 subdivision 3 as amended by chapter 518 of the laws of 1999, are amended
 to read as follows:
   2. Any such [inmate] INCARCERATED INDIVIDUAL shall be deemed to be  in
 the  custody  of  and  subject to the jurisdiction of the department but
 shall, during the period of his or her local confinement, be  under  the
 care  of  the head of the local correctional facility in which he or she
 resides.
   3. If at any time the head of the local correctional  facility  is  of
 the  opinion that the continued care of such [inmate] INCARCERATED INDI-
 VIDUAL in the local  correctional  facility  is  inconsistent  with  the
 welfare  or safety of the [inmate] INCARCERATED INDIVIDUAL, the communi-
 ty, the facility or other [inmates] INCARCERATED INDIVIDUALS, he OR  SHE
 may  demand  that  such  [inmate] INCARCERATED INDIVIDUAL be transferred
 forthwith to the custody of the department. Thereafter,  the  department
 shall be obligated to receive into its custody such [inmate] INCARCERAT-
 ED  INDIVIDUAL  in  the  manner  prescribed  for the acceptance of newly
 sentenced [inmates] INCARCERATED INDIVIDUALS required by section  430.20
 of  the criminal procedure law unless the contract specifies an alterna-
 tive method of transfer.   Notwithstanding the foregoing,  in  any  case
 where  the  [inmate]  INCARCERATED  INDIVIDUAL  in the care of the local
 correctional facility pursuant to a contract as  provided  for  in  this
 section  is convicted of a class A-1 felony offense or a class B violent
 felony offense or a class C violent felony  offense,  the  head  of  the
 local  correctional  facility may demand that such [inmate] INCARCERATED
 INDIVIDUAL be transferred forthwith to the custody  of  the  department.
 Thereafter, the department shall be obligated to receive into its custo-
 dy  such  [inmate]  INCARCERATED  INDIVIDUAL within forty-eight hours of
 receipt of such demand from the head of the local correctional facility.
   5. No [inmate] INCARCERATED INDIVIDUAL shall  be  housed  in  a  local
 correctional  facility or series of local correctional facilities pursu-
 ant to a contract under subdivision one of this  section  for  a  period
 exceeding six months.

 A. 2395                            80
 
   §  147. Subdivisions (c), (d) and (e) of section 102 of the correction
 law, as added by chapter 400 of the laws of 1984, are amended to read as
 follows:
   (c)  "Receiving state" means a state party to this compact to which an
 [inmate] INCARCERATED INDIVIDUAL is sent for confinement  other  than  a
 state in which conviction or court commitment was had.
   (d) "[Inmate] INCARCERATED INDIVIDUAL" means a male or female offender
 who  is  committed,  under sentence to or confined in a penal or correc-
 tional institution.
   (e) "Institution" means any penal or correctional facility,  including
 but  not  limited  to a facility for the mentally ill or mentally defec-
 tive, in which [inmates] INCARCERATED INDIVIDUALS as defined in subdivi-
 sion (d) [hereof] OF THIS SECTION may lawfully be confined.
   § 148. Subdivision (a) of section 103 of the correction law, as  added
 by chapter 400 of the laws of 1984, is amended to read as follows:
   (a)  Each  party  state may make one or more contracts with any one or
 more of the other party states for the confinement of  [inmates]  INCAR-
 CERATED  INDIVIDUALS  on behalf of a sending state in institutions situ-
 ated within receiving states. Any such contract shall provide for:
   1. Its duration.
   2. Payments to be made to the receiving state by the sending state for
 [inmate] INCARCERATED INDIVIDUAL maintenance, extraordinary medical  and
 dental expenses, and any participation in or receipt by [inmates] INCAR-
 CERATED  INDIVIDUALS of rehabilitative or correctional services, facili-
 ties, programs or treatment not reasonably included as  part  of  normal
 maintenance.
   3.  Participation  in  programs  of  [inmate]  INCARCERATED INDIVIDUAL
 employment, if  any;  the  disposition  or  crediting  of  any  payments
 received  by  [inmates] INCARCERATED INDIVIDUALS on account thereof; and
 the crediting of proceeds from or disposal  of  any  products  resulting
 therefrom.
   4. Delivery and retaking of [inmates] INCARCERATED INDIVIDUALS.
   5.  Such  other matters as may be necessary and appropriate to fix the
 obligations, responsibilities and rights of the  sending  and  receiving
 states.
   §  149.  Section 104 of the correction law, as added by chapter 400 of
 the laws of 1984, is amended to read as follows:
   § 104. Procedures  and  rights.  (a)  Whenever  the  duly  constituted
 authorities in a state party to this compact, and which has entered into
 a  contract pursuant to section one hundred three of this article, shall
 decide that confinement in, or  transfer  of  an  [inmate]  INCARCERATED
 INDIVIDUAL  to,  an  institution  within  the territory of another party
 state is necessary or desirable in order to  provide  adequate  quarters
 and  care or an appropriate program of rehabilitation or treatment, said
 officials may direct that the confinement be within an institution with-
 in the territory of said other party state, the receiving state  to  act
 in that regard solely as agent for the sending state.
   (b) The appropriate officials of any state party to this compact shall
 have access, at all reasonable times, to any institution in which it has
 a  contractual  right  to confine [inmates] INCARCERATED INDIVIDUALS for
 the purpose of inspecting the facilities thereof and  visiting  such  of
 its  [inmates] INCARCERATED INDIVIDUALS as may be confined in the insti-
 tution.
   (c) [Inmates] INCARCERATED  INDIVIDUALS  confined  in  an  institution
 pursuant  to  the terms of this compact shall at all times be subject to
 the jurisdiction of the sending state and may at  any  time  be  removed

 A. 2395                            81
 
 therefrom for transfer to a prison or other institution within the send-
 ing  state,  for  transfer  to  another institution in which the sending
 state may have a contractual or other right to confine [inmates]  INCAR-
 CERATED  INDIVIDUALS, for release on probation or parole, for discharge,
 or for any other purpose permitted by the laws  of  the  sending  state;
 provide  that  the  sending state shall continue to be obligated to such
 payments as may be required  pursuant  to  the  terms  of  any  contract
 entered  into  under the terms contained in section one hundred three of
 this article.
   (d) Each receiving state shall provide regular reports to each sending
 state on the [inmates] INCARCERATED INDIVIDUALS of that sending state in
 institutions pursuant to this compact including a conduct record of each
 [inmate] INCARCERATED INDIVIDUAL and certify said record to the official
 designated by the sending state, in order that each [inmate] INCARCERAT-
 ED INDIVIDUAL may have official review of his or her record in determin-
 ing and altering the disposition of said [inmate] INCARCERATED  INDIVID-
 UAL in accordance with the law which may obtain in the sending state and
 in  order  that  the same may be a source of information for the sending
 state.
   (e) All [inmates] INCARCERATED INDIVIDUALS who may be confined  in  an
 institution  pursuant to the provisions of this compact shall be treated
 in a reasonable and humane manner and shall be treated equally with such
 similar [inmates] INCARCERATED INDIVIDUALS of the receiving state as may
 be confined in the same  institution.  The  fact  of  confinement  in  a
 receiving  state  shall not deprive any [inmate] INCARCERATED INDIVIDUAL
 so confined of any legal rights which said [inmate]  INCARCERATED  INDI-
 VIDUAL  would  have had if confined in an appropriate institution of the
 sending state.
   (f) Any hearing or hearings to which an [inmate] INCARCERATED INDIVID-
 UAL confined pursuant to this compact may be entitled by the laws of the
 sending state may be had before the appropriate authorities of the send-
 ing state, or of the receiving state if authorized by the sending state.
 The receiving state shall provide adequate facilities for such  hearings
 as  may be conducted by the appropriate officials of a sending state. In
 the event such hearing or hearings  are  had  before  officials  of  the
 receiving  state,  the  governing law shall be that of the sending state
 and a record of the hearing or hearings as  prescribed  by  the  sending
 state  shall  be  made. Said record together with any recommendations of
 the hearing officials shall be transmitted forthwith to the official  or
 officials  before  whom  the hearing would have been had if it had taken
 place in the sending state. In any and all proceedings had  pursuant  to
 the provisions of this subdivision, the officials of the receiving state
 shall  act  solely  as agents of the sending state and no final determi-
 nation shall be made in any matter except by the  appropriate  officials
 of the sending state.
   (g)  Any  [inmate]  INCARCERATED  INDIVIDUAL confined pursuant to this
 compact shall be released within the  territory  of  the  sending  state
 unless the [inmate] INCARCERATED INDIVIDUAL, and the sending and receiv-
 ing  states,  shall  agree upon release in some other place. The sending
 state shall bear the cost of such return to its territory.
   (h) Any [inmate] INCARCERATED  INDIVIDUAL  confined  pursuant  to  the
 terms  of  this  compact shall have any and all rights to participate in
 and derive any benefits or incur or be relieved of  any  obligations  or
 have  such  obligations modified or his OR HER status changed on account
 of any action or proceeding in which he OR SHE could  have  participated

 A. 2395                            82
 
 if  confined in any appropriate institution of the sending state located
 within such state.
   (i) The parent, guardian, trustee, or other person or persons entitled
 under  the  laws  of  the sending state to act for, advise, or otherwise
 function with respect to any [inmate] INCARCERATED INDIVIDUAL shall  not
 be  deprived  of  or  restricted  in his OR HER exercise of any power in
 respect to any [inmate] INCARCERATED INDIVIDUAL confined pursuant to the
 terms of this compact.
   § 150. Section 105 of the correction law, as added by chapter  400  of
 the laws of 1984, is amended to read as follows:
   §  105.  Acts  not reviewable in receiving state; extradition. (a) Any
 decision of the sending state in respect to any  matter  over  which  it
 retains  jurisdiction  pursuant to this compact shall be conclusive upon
 and not reviewable within the receiving state, but if at  the  time  the
 sending  state  seeks to remove an [inmate] INCARCERATED INDIVIDUAL from
 an institution in the receiving  state  there  is  pending  against  the
 [inmate]  INCARCERATED  INDIVIDUAL within such state any criminal charge
 or if the [inmate] INCARCERATED INDIVIDUAL is formally accused of having
 committed within such state a criminal offense, the [inmate] INCARCERAT-
 ED INDIVIDUAL shall not be returned without the consent of the receiving
 state until discharged from prosecution or  other  form  of  proceeding,
 imprisonment or detention for such offense. The duly accredited officers
 of the sending state shall be permitted to transport [inmates] INCARCER-
 ATED  INDIVIDUALS  pursuant  to  this compact through any and all states
 party to this compact without interference.
   (b) Any [inmate] INCARCERATED INDIVIDUAL who escapes from an  institu-
 tion  in  which  he OR SHE is confined pursuant to this compact shall be
 deemed a fugitive from the sending state and from the state in which the
 institution is situated. In the case of any  escape  to  a  jurisdiction
 other than the sending or receiving state, the responsibility for insti-
 tution  of  extradition  or  rendition  proceedings shall be that of the
 sending state, but  nothing  contained  herein  shall  be  construed  to
 prevent  or affect the activities of officers and agencies of any juris-
 diction directed toward the apprehension and return of the escapee.
   § 151. Section 106 of the correction law, as added by chapter  400  of
 the laws of 1984, is amended to read as follows:
   § 106. Federal aid. Any state party to this compact may accept federal
 aid  for  use  in connection with any institution or program, the use of
 which is or may be affected by this compact  or  any  contract  pursuant
 hereto  and  any  [inmate]  INCARCERATED INDIVIDUAL in a receiving state
 pursuant to this compact may participate in  any  such  federally  aided
 program or activity for which the sending and receiving states have made
 contractual  provision, provided that if such program or activity is not
 part of the customary correctional regimen, the express consent  of  the
 appropriate official of the sending state shall be required therefor.
   §  152.  Section 108 of the correction law, as added by chapter 400 of
 the laws of 1984, is amended to read as follows:
   § 108. Withdrawal and termination.  This  compact  shall  continue  in
 force  and remain binding upon a party state until it shall have enacted
 a statute repealing the same and providing for  the  sending  of  formal
 written  notice  of withdrawal from the compact to the appropriate offi-
 cials of all other party states.  An actual withdrawal  shall  not  take
 effect  until  one  year after the notices provided in said statute have
 been sent. Such withdrawal shall not relieve the withdrawing state  from
 its  obligations  assumed hereunder prior to the effective date of with-
 drawal. Before the effective date of  withdrawal,  a  withdrawing  state

 A. 2395                            83

 shall remove to its territory, at its own expense, such [inmates] INCAR-
 CERATED  INDIVIDUALS  as it may have confined pursuant to the provisions
 of this compact.
   §  153. Subdivision (a) of section 109 of the correction law, as added
 by chapter 400 of the laws of 1984, is amended to read as follows:
   (a) Nothing contained in this compact shall be construed  to  abrogate
 or  impair  any  agreement  or other arrangement which a party state may
 have with a nonparty state for the confinement, rehabilitation or treat-
 ment of [inmates] INCARCERATED INDIVIDUALS nor to repeal any other  laws
 of  a  party  state  authorizing the making of cooperative institutional
 arrangements.
   § 154. Subdivisions 1, 2, 4 and 5 of section  112  of  the  correction
 law,  subdivisions  1  and  2  as  amended and subdivision 4 as added by
 section 19 of subpart A of part C of chapter 62 of the laws of 2011, and
 subdivision 5 as added by chapter 211 of the laws of 2020,  are  amended
 to read as follows:
   1.  The  commissioner  of  corrections and community supervision shall
 have the superintendence, management and  control  of  the  correctional
 facilities  in the department and of the [inmates] INCARCERATED INDIVID-
 UALS confined therein, and of all matters relating  to  the  government,
 discipline,  policing,  contracts and fiscal concerns thereof. He or she
 shall have the power and it shall be his or her duty to inquire into all
 matters connected with said correctional facilities.  He  or  she  shall
 make  such  rules  and regulations, not in conflict with the statutes of
 this state, for the government of the officers and  other  employees  of
 the  department assigned to said facilities, and in regard to the duties
 to be performed by them, and for the government and discipline  of  each
 correctional  facility,  as  he  or she may deem proper, and shall cause
 such rules and regulations to be recorded by the superintendent  of  the
 facility,  and  a copy thereof to be furnished to each employee assigned
 to the facility. He or she shall also prescribe a system of accounts and
 records to be kept at each correctional facility, which system shall  be
 uniform  at  all of said facilities, and he or she shall also make rules
 and regulations for a record of photographs and other means of identify-
 ing each [inmate] INCARCERATED INDIVIDUAL received into said facilities.
 He or she shall appoint and remove, subject to  the  civil  service  law
 [and  rules], subordinate officers and other employees of the department
 who are assigned to correctional facilities.
   2. The commissioner shall have the management and control  of  persons
 released  on  community  supervision and of all matters relating to such
 persons' effective reentry into the community, as well as all  contracts
 and  fiscal  concerns thereof. The commissioner shall have the power and
 it shall be his or her duty to inquire into all matters  connected  with
 said  community  supervision. The commissioner shall make such rules and
 regulations, not in conflict with the statutes of this  state,  for  the
 governance  of  the  officers  and  other  employees  of  the department
 assigned to said community supervision, and in regard to the  duties  to
 be  performed  by  them,  as he or she deems proper and shall cause such
 rules and regulations to be  furnished  to  each  employee  assigned  to
 perform  community  supervision. The commissioner shall also prescribe a
 system of accounts and records to be kept, which shall be  uniform.  The
 commissioner  shall  also  make  rules  and  regulations for a record of
 photographs and other means of identifying  each  [inmate]  INCARCERATED
 INDIVIDUAL  released  to  community  supervision. The commissioner shall
 appoint officers and other employees of the department who are  assigned
 to perform community supervision.

 A. 2395                            84
 
   4.  The  commissioner  and  the  chair  of the parole board shall work
 jointly to develop and implement, as soon as  practicable,  a  risk  and
 needs  assessment  instrument or instruments, which shall be empirically
 validated, that would be administered to [inmates] INCARCERATED INDIVID-
 UALS  upon  reception into a correctional facility, and throughout their
 incarceration and release to community supervision, to facilitate appro-
 priate programming both during an [inmate's]  INCARCERATED  INDIVIDUAL'S
 incarceration  and community supervision, and designed to facilitate the
 successful integration of [inmates] INCARCERATED  INDIVIDUALS  into  the
 community.
   5. (a) The commissioner shall not make or promulgate any policy and/or
 regulation  requiring  an  [inmate] INCARCERATED INDIVIDUAL to waive any
 religious right, including, but not limited to, daily prayer as a condi-
 tion for participation in any [inmate] INCARCERATED  INDIVIDUAL  program
 including  any  such  program  developed  and/or implemented pursuant to
 subdivision four of this section including,  but  not  limited  to,  the
 shock program and the industrial training program.
   (b)  Upon request, [inmates] INCARCERATED INDIVIDUALS shall be granted
 exemptions for  activities,  including  jobs,  that  coincide  with  the
 Sabbath  and  other work proscription days, including those set forth in
 the religious calendar.
   § 155. Section 113 of the correction law, as amended by section 20  of
 subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
 read as follows:
   § 113. Absence of [inmate] INCARCERATED  INDIVIDUAL  for  funeral  and
 deathbed  visits  authorized.  The  commissioner may permit any [inmate]
 INCARCERATED INDIVIDUAL confined by the department except  one  awaiting
 the  sentence of death to attend the funeral of his or her father, moth-
 er, guardian or former guardian, child, brother, sister, husband,  wife,
 grandparent,  grandchild,  ancestral  uncle or ancestral aunt within the
 state, or to visit such individual during his or her illness if death be
 imminent; but the exercise of such power shall be subject to such  rules
 and  regulations  as  the  commissioner  shall prescribe, respecting the
 granting of such permission, duration of absence from  the  institution,
 custody,   transportation   and   care   of  the  [inmate]  INCARCERATED
 INDIVIDUAL, and guarding against escape. Any expense incurred under  the
 provisions  of  this  section, with respect to any [inmate] INCARCERATED
 INDIVIDUAL permitted to attend a funeral or visit a relative during last
 illness, shall be deemed an expense of maintenance  of  the  institution
 and  be  paid from moneys available therefor; but the superintendent, if
 the rules and regulations of the  commissioner  shall  so  provide,  may
 allow  the  [inmate]  INCARCERATED  INDIVIDUAL  or  anyone in his OR HER
 behalf to reimburse the state for such expense.
   § 156. Section 114 of the correction law, as added by chapter  372  of
 the laws of 2018, is amended to read as follows:
   §  114. Rehabilitation programs for women; to be commensurate to those
 afforded men. It shall be the duty of  the  commissioner  to  assure  an
 array  of  rehabilitation  programs  are provided among the correctional
 facilities  in  which  female  [inmates]  INCARCERATED  INDIVIDUALS  are
 confined,  within  the  appropriations  made therefor, including but not
 limited to vocational,  academic  and  industrial  programs,  which  are
 comparable to the programs provided to male [inmates] INCARCERATED INDI-
 VIDUALS during the course of their incarceration.
   §  157. Section 116 of the correction law, as amended by section 14 of
 subpart B of part C of chapter 62 of the laws of  2011,  is  amended  to
 read as follows:

 A. 2395                            85
 
   §  116.  [Inmates']  INCARCERATED  INDIVIDUALS'  funds.  The warden or
 superintendent of each of the institutions within  the  jurisdiction  of
 the department of corrections and community supervision shall deposit at
 least  once  in each week to his or her credit as such warden, or super-
 intendent,  in  such  bank  or  banks  as may be designated by the comp-
 troller, all the moneys received by him or her as such warden, or super-
 intendent, as [inmates'] INCARCERATED INDIVIDUALS' funds,  and  send  to
 the  comptroller and also to the commissioner monthly, a statement show-
 ing the amount so received and deposited.  Such  statement  of  deposits
 shall  be  certified  by  the  proper officer of the bank receiving such
 deposit or deposits. The warden, or superintendent, shall also verify by
 his or her affidavit that the sum so deposited is all the money received
 by him or her as [inmates'] INCARCERATED INDIVIDUALS' funds  during  the
 month.  Any  bank  in  which  such  deposits shall be made shall, before
 receiving any such deposits, file a bond with  the  comptroller  of  the
 state,  subject  to his or her approval, for such sum as he or she shall
 deem necessary.  Upon a certificate of approval issued by  the  director
 of  the budget, pursuant to the provisions of section fifty-three of the
 state finance law, the amount of interest, if  any,  heretofore  accrued
 and hereafter to accrue on moneys so deposited, heretofore and hereafter
 credited  to  the  warden,  or  superintendent, by the bank from time to
 time, shall be available for expenditure by the warden,  or  superinten-
 dent,  subject  to  the  direction of the commissioner, for welfare work
 among the [inmates] INCARCERATED INDIVIDUALS in his OR HER custody.  The
 withdrawal  of moneys so deposited by such warden, or superintendent, as
 [inmates'] INCARCERATED INDIVIDUALS' funds, including  any  interest  so
 credited,  shall  be subject to his or her check. Each warden, or super-
 intendent, shall each month provide the comptroller and also the commis-
 sioner with a record of all  withdrawals  from  [inmates']  INCARCERATED
 INDIVIDUALS' funds. As used in this section, the term "[inmates'] INCAR-
 CERATED  INDIVIDUALS'  funds"  means  the funds in the possession of the
 [inmate] INCARCERATED INDIVIDUAL at the time of  his  or  her  admission
 into  the institution, funds earned by him or her as provided in section
 one hundred eighty-seven of this chapter and any other funds received by
 him or her or on his or her behalf and deposited  with  such  warden  or
 superintendent  in  accordance  with  the  rules  and regulations of the
 commissioner.   Whenever the total unencumbered value  of  funds  in  an
 [inmate's]   INCARCERATED  INDIVIDUAL'S  account  exceeds  ten  thousand
 dollars, the superintendent shall give written notice to the  office  of
 victim services.
   § 158. Section 119 of the correction law, as amended by chapter 476 of
 the laws of 1970, is amended to read as follows:
   §  119.  Daily  report  concerning [inmates] INCARCERATED INDIVIDUALS.
 The superintendent of each correctional  facility  shall  make  a  daily
 report  to  the  commissioner  of  correction,  stating the names of all
 [inmates] INCARCERATED INDIVIDUALS received into the facility during the
 preceding day, the counties in which they  were  tried,  the  crimes  of
 which  they  were convicted, the nature and duration of their sentences,
 their former trade, employment or occupation, their habits, color,  age,
 place  of  nativity,  degree  of instruction, and a description of their
 persons, and also stating whether any such [inmates] INCARCERATED  INDI-
 VIDUALS  have  ever  been  confined  in any state or county correctional
 institution, and  if  so,  stating  the  offense  for  which  they  were
 confined, and the duration of their punishment, and also stating in such
 report  the  names  of all the [inmates] INCARCERATED INDIVIDUALS trans-
 ferred or released to the community or delivered to  other  governmental

 A. 2395                            86

 authority on the preceding day, and all other particulars in relation to
 such persons that are required to be stated in relation to the [inmates]
 INCARCERATED INDIVIDUALS received in the facility.
   §  159. Subdivision 2 of section 120 of the correction law, as amended
 by section 15 of subpart B of part C of chapter 62 of the laws of  2011,
 is amended to read as follows:
   2. Nothing in this section shall limit in any way the authority of the
 commissioner,  or  any county or the city of New York, to enter into any
 contract authorized by subdivision  eighteen  of  section  two,  section
 seventy-two-a,   section  seventy-three,  section  ninety-five,  article
 five-A or article twenty-six of this chapter, or to limit the  responsi-
 bility  of  the  department  of corrections and community supervision to
 supervise [inmates] INCARCERATED  INDIVIDUALS  or  persons  released  to
 community supervision while away from an institution pursuant to section
 seventy-two-a, section seventy-three or article twenty-six of this chap-
 ter  or while confined at a drug treatment campus as defined in subdivi-
 sion twenty of section two of this chapter.
   § 160. Section 121 of the correction law, as added by chapter  202  of
 the laws of 2007, is amended to read as follows:
   §  121.  Private  ownership  or  operation of correctional facilities.
 Except as otherwise provided in subdivisions  two,  three  and  four  of
 section  one  hundred  twenty  of  this  article  or in federal law, the
 private operation or management of a correctional facility as defined in
 subdivision four of section two of this chapter or a local  correctional
 facility, as defined in subdivision sixteen of section two of this chap-
 ter,  the private ownership or operation of a facility for housing state
 or local [inmates] INCARCERATED INDIVIDUALS or the private ownership  or
 operation of a facility for the incarceration of other state's [inmates]
 INCARCERATED INDIVIDUALS is prohibited.
   § 161. Section 125 of the correction law, as amended by chapter 476 of
 the laws of 1970, subdivision 2 as amended by section 21 of subpart A of
 part  C  of chapter 62 of the laws of 2011, and subdivision 3 as amended
 by chapter 55 of the laws of 1992, is amended to read as follows:
   § 125. [Inmates'] INCARCERATED INDIVIDUALS' money, clothing and  other
 property; what to be furnished them on their release. 1. The superinten-
 dent,  or  an  employee  covered by bond who is designated by the super-
 intendent, of each correctional facility shall take charge of all moneys
 and other articles which may be brought to the facility by the [inmates]
 INCARCERATED INDIVIDUALS, and shall cause the same, immediately upon the
 receipt thereof, to be entered among the receipts of the facility; which
 money and other articles, whenever the [inmate] INCARCERATED  INDIVIDUAL
 from  whom the same was received shall be discharged from the custody of
 the department, or the same shall be otherwise legally  demanded,  shall
 be  returned  by  the  said superintendent to such [inmate] INCARCERATED
 INDIVIDUAL or other person legally entitled to the  same,  and  vouchers
 shall  be  taken  therefor.  The commissioner shall promulgate rules and
 regulations concerning the custody and transfer of such money and  other
 articles  in  cases  where [inmates] INCARCERATED INDIVIDUALS are trans-
 ferred from one facility to another.
   2. The superintendent of each of said facilities shall furnish to each
 [inmate] INCARCERATED INDIVIDUAL who shall  be  discharged  or  released
 from  said facility by pardon, parole, conditional release or otherwise,
 except such [inmates]  INCARCERATED  INDIVIDUALS  as  are  released  for
 return  for  resentence or new trial or upon a certificate of reasonable
 doubt, and  except  such  [inmates]  INCARCERATED  INDIVIDUALS  who  are
 released  to  participate  in  a  program  outside  the facility who are

 A. 2395                            87

 required to return to the facility, suitable  clothing  adapted  to  the
 season in which he or she is discharged not to exceed sixty-five dollars
 in value and transportation to the county of his or her conviction or to
 such  other  place  as  the commissioner may designate. In addition, the
 commissioner shall take such steps  as  are  necessary  to  ensure  that
 [inmates] INCARCERATED INDIVIDUALS have at least forty dollars available
 upon release.
   3.  In any case where an [inmate] INCARCERATED INDIVIDUAL is not enti-
 tled to receive clothing and transportation  under  subdivision  two  of
 this  section, the superintendent, in his OR HER discretion, but subject
 to the rules of the department, may  furnish  an  [inmate]  INCARCERATED
 INDIVIDUAL  who is released from a facility with clothing or transporta-
 tion not in excess of the value for each item specified  in  subdivision
 two of this section.
   § 162. Section 130 of the correction law, as amended by chapter 476 of
 the laws of 1970, is amended to read as follows:
   §  130. Custody of [inmate] INCARCERATED INDIVIDUAL sentenced to death
 and commuted by governor.  The commissioner shall designate  appropriate
 correctional  facilities  to  receive, on the order of the governor, any
 person convicted of any crime punishable  by  death,  or  who  shall  be
 pardoned,  on  condition  of being confined either for life or a term of
 years in a correctional facility, and  such  person  shall  be  confined
 according to the terms of such condition.
   § 163. Section 132 of the correction law, as amended by chapter 843 of
 the laws of 1980, is amended to read as follows:
   § 132. Retaking of an escaped [inmate] INCARCERATED INDIVIDUAL.  If an
 [inmate]  INCARCERATED  INDIVIDUAL escapes from a correctional facility,
 he OR SHE may be arrested and returned by the superintendent  or  by  an
 officer  or  employee  of the department or by any peace officer, acting
 pursuant to his OR HER special  duties,  or  police  officer  without  a
 warrant;  or  a  magistrate may cause such escaped [inmate] INCARCERATED
 INDIVIDUAL to be arrested and held in custody until he  OR  SHE  can  be
 removed  to  a  correctional  facility,  as in the case of a commitment.
 Rewards for the taking of such escaped [inmates]  INCARCERATED  INDIVID-
 UALS may be provided for by the rules of the department.
   § 164. Section 133 of the correction law, as amended by chapter 550 of
 the laws of 1978, is amended to read as follows:
   § 133. Superintendent to report concerning [inmate] INCARCERATED INDI-
 VIDUAL  believed  mentally  ill  when crime was committed.  Whenever the
 superintendent of a correctional facility shall have reason  to  believe
 that  any  [inmate] INCARCERATED INDIVIDUAL in the facility was mentally
 ill at the time he OR SHE committed the offense for which he OR SHE  was
 sentenced,  such  superintendent  shall  communicate  in  writing to the
 commissioner of correction his OR HER reason for such opinion, and shall
 refer the commissioner of correction to all the sources  of  information
 with which he OR SHE may be acquainted in relation to the mental illness
 of such [inmate] INCARCERATED INDIVIDUAL. The commissioner of correction
 shall  then  transmit  such opinion and information to the governor with
 his OR HER recommendations thereon.
   § 165. Section 136 of the correction law, as amended by chapter 431 of
 the laws of 2015, is amended to read as follows:
   § 136. Correctional education. 1. The objective of correctional educa-
 tion in its broadest sense should be the socialization of the  [inmates]
 INCARCERATED  INDIVIDUALS  through  varied impressional and expressional
 activities, with emphasis on individual [inmate] INCARCERATED INDIVIDUAL
 needs. The objective of this  program  shall  be  the  return  of  these

 A. 2395                            88
 
 [inmates]  INCARCERATED  INDIVIDUALS  to  society  with a more wholesome
 attitude toward living, with a desire  to  conduct  themselves  as  good
 citizens,  and  with  the  skill  and  knowledge  which will give them a
 reasonable  chance  to  maintain themselves and their dependents through
 honest labor. To this end each [inmate] INCARCERATED INDIVIDUAL shall be
 given a program of education which, on  the  basis  of  available  data,
 seems  most likely to further the process of socialization and rehabili-
 tation. Provided  that,  the  commissioner,  in  consultation  with  the
 commissioner  of  education,  shall  develop a curricula for and require
 provision of an education program to all [inmates] INCARCERATED INDIVID-
 UAL, on a periodic basis, on the consequences and prevention  of  shaken
 baby  syndrome  which  may  include  the viewing of a video presentation
 thereon. The time daily devoted to such education shall be  such  as  is
 required  for  meeting  the above objectives. The director of education,
 subject to the direction of the commissioner and after consultation with
 the commissioner of education,  shall  develop  the  curricula  and  the
 education  programs  that are required to meet the special needs of each
 correctional facility in the department. The commissioner of  education,
 in  cooperation  with  the  commissioner  and the director of education,
 shall set up the  educational  requirements  for  the  certification  of
 teachers  in all such correctional facilities. Such educational require-
 ments shall be sufficiently broad and comprehensive to include  training
 in  penology, sociology, psychology, philosophy, in the special subjects
 to be taught, and in any other professional courses  as  may  be  deemed
 necessary by the responsible officers, and shall include training relat-
 ing to the consequences and prevention of shaken baby syndrome which may
 include the viewing of a video presentation thereon. No certificates for
 teaching  service  in  the  state  institutions shall be issued unless a
 minimum of four years of  training  beyond  the  high  school  has  been
 secured,  or  an  acceptable  equivalent.  Existing requirements for the
 certification of teachers in the institutions shall  continue  in  force
 until changed pursuant to the provisions of this section.
   2.  All  [inmates] INCARCERATED INDIVIDUALS admitted to the department
 serving a determinate term of imprisonment, or an indeterminate sentence
 of imprisonment other than  a  sentence  of  life  imprisonment  without
 parole,  who  have been evaluated upon admission pursuant to subdivision
 one of section one hundred thirty-seven of this article and  are  deter-
 mined  to be capable of successfully completing the academic course work
 required for the test assessing secondary completion, shall be  provided
 with  the  opportunity  to complete such course work at least two months
 prior to the date on which such [inmate] INCARCERATED INDIVIDUAL may  be
 paroled,  conditionally  released,  released to post-release supervision
 pursuant to section 70.40 of the penal law, or  presumptively  released,
 pursuant  to section eight hundred three of this chapter. Upon admission
 to the department,  such  [inmates]  INCARCERATED  INDIVIDUALS  will  be
 provided   with   written  notice  that  the  test  assessing  secondary
 completion programs are available for all [inmates]  INCARCERATED  INDI-
 VIDUALS who so apply.
   3.  The department shall ensure that academic education programs which
 provide the appropriate curriculum and certified academic staff for  the
 test  assessing  secondary  completion  instruction are available at all
 correctional facilities housing [inmates] INCARCERATED  INDIVIDUALS  who
 are  eligible  as  specified  in  subdivision  two  of this section. The
 department shall provide academic staff who  are  qualified  to  provide
 such  instruction  and  who  are members of the competitive class of the
 civil service of New York state. The department shall develop a plan for

 A. 2395                            89
 
 implementation of the test assessing  secondary  completion  requirement
 which   shall  be  presented  to  the  assembly  standing  committee  on
 correction and the senate standing committee on crime victims, crime and
 correction on or before April first, two thousand nineteen.
   §  166.  Section 137 of the correction law, as added by section 476 of
 the laws of 1970, subdivision 1 as amended by chapter 476 of the laws of
 2017, subdivision 6 as amended by chapter 490 of the laws of  1974,  the
 opening  paragraph  and  paragraph  (f)  of subdivision 6 as amended and
 paragraphs (d) and (e) of subdivision b of subdivision  6  as  added  by
 chapter  1  of the laws of 2008, paragraph (g) of subdivision 6 as added
 by chapter 261 of the  laws of 2019, is amended to read as follows:
   § 137. Program  of  treatment,  control,  discipline  at  correctional
 facilities.  1. The commissioner shall establish program and classifica-
 tion procedures designed to assure the complete study of the  background
 and  condition  of  each [inmate] INCARCERATED INDIVIDUAL in the care or
 custody of the department and the assignment of such [inmate]  INCARCER-
 ATED INDIVIDUAL to a program that is most likely to be useful in assist-
 ing him OR HER to refrain from future violations of the law. Such proce-
 dures  shall  be  incorporated  into  the  rules  and regulations of the
 department and shall require among other things:   consideration of  the
 physical,  mental  and  emotional condition of the [inmate] INCARCERATED
 INDIVIDUAL; consideration of  his  OR  HER  educational  and  vocational
 needs;  enrollment  of each [inmate] INCARCERATED INDIVIDUAL in assigned
 programs as soon as practicable; consideration of the danger he  OR  SHE
 presents   to   the   community   or  to  other  [inmates]  INCARCERATED
 INDIVIDUALS;  the  recording  of  continuous  case  histories  including
 notations  as  to apparent success or failure of treatment employed; and
 periodic review of case histories and treatment methods used.
   2. The commissioner shall provide for such measures as he OR  SHE  may
 deem  necessary  or  appropriate for the safety, security and control of
 correctional facilities and the maintenance of order therein.
   3. Each [inmate] INCARCERATED INDIVIDUAL shall be entitled to clothing
 suited to the season and weather conditions and to a sufficient quantity
 of wholesome and nutritious food. To the extent practicable, the  cloth-
 ing  and bedding of [inmates] INCARCERATED INDIVIDUALS shall be manufac-
 tured and laundered in institutions in the department.
   4. Whenever there shall be a sufficient number of cells or rooms in  a
 correctional  facility,  each  [inmate] INCARCERATED INDIVIDUAL shall be
 given sleeping accommodations in a  separate  cell  or  room,  provided,
 however, that nothing herein contained shall be construed so as to limit
 the  right  of  the  department to utilize dormitory-type accommodations
 where necessary or where appropriate to a program of treatment.
   5. No [inmate] INCARCERATED INDIVIDUAL in the care or custody  of  the
 department  shall be subjected to degrading treatment, and no officer or
 other employee of the department shall inflict any blows  whatever  upon
 any  [inmate]  INCARCERATED  INDIVIDUAL,  unless  in self defense, or to
 suppress a revolt or insurrection. When any [inmate] INCARCERATED  INDI-
 VIDUAL,  or  group  of  [inmates]  INCARCERATED INDIVIDUALS, shall offer
 violence to any person, or do or attempt to do any injury  to  property,
 or  attempt  to  escape,  or resist or disobey any lawful direction, the
 officers and employees shall use all  suitable  means  to  defend  them-
 selves,  to  maintain  order,  to  enforce observation of discipline, to
 secure the persons of the offenders and to prevent any such  attempt  or
 escape.
   6.   Except as provided in paragraphs (d) and (e) of this subdivision,
 the superintendent of a correctional  facility  may  keep  any  [inmate]

 A. 2395                            90
 
 INCARCERATED  INDIVIDUAL  confined  in  a  cell  or room, apart from the
 accommodations provided for [inmates] INCARCERATED INDIVIDUALS  who  are
 participating  in  programs  of  the facility, for such period as may be
 necessary  for  maintenance of order or discipline, but in any such case
 the following conditions shall be observed:
   (a) The [inmate] INCARCERATED INDIVIDUAL  shall  be  supplied  with  a
 sufficient quantity of wholesome and nutritious food, provided, however,
 that  such  food  need not be the same as the food supplied to [inmates]
 INCARCERATED INDIVIDUALS who are participating in programs of the facil-
 ity;
   (b) Adequate sanitary and other conditions required for the health  of
 the [inmate] INCARCERATED INDIVIDUAL shall be maintained;
   (c)  Where  such  confinement is for a period in excess of twenty-four
 hours, the superintendent shall arrange for the facility health services
 director, or a registered nurse or physician's associate approved by the
 facility health services director to visit  such  [inmate]  INCARCERATED
 INDIVIDUAL  at  the expiration of twenty-four hours and at least once in
 every twenty-four hour period thereafter,  during  the  period  of  such
 confinement,  to examine into the state of health of the [inmate] INCAR-
 CERATED INDIVIDUAL, and the superintendent shall give full consideration
 to any recommendation that may be made by the facility  health  services
 director  for  measures  with  respect to dietary needs or conditions of
 confinement of such [inmate] INCARCERATED INDIVIDUAL required  to  main-
 tain the health of such [inmate] INCARCERATED INDIVIDUAL; and
   (d) (i) Except as set forth in clause (E) of subparagraph (ii) of this
 paragraph,  the  department,  in  consultation with mental health clini-
 cians, shall divert or remove [inmates]  INCARCERATED  INDIVIDUALS  with
 serious mental illness, as defined in paragraph (e) of this subdivision,
 from segregated confinement, where such confinement could potentially be
 for  a  period  in excess of thirty days, to a residential mental health
 treatment unit.  Nothing in this paragraph shall be  deemed  to  prevent
 the  disciplinary  process from proceeding in accordance with department
 rules and regulations for disciplinary hearings.
   (ii) (A) Upon placement of an [inmate]  INCARCERATED  INDIVIDUAL  into
 segregated  confinement  at a level one or level two facility, a suicide
 prevention screening instrument shall be administered by staff from  the
 department  or the office of mental health who has been trained for that
 purpose. If such a screening instrument reveals that the [inmate] INCAR-
 CERATED INDIVIDUAL is at risk of  suicide,  a  mental  health  clinician
 shall  be  consulted  and appropriate safety precautions shall be taken.
 Additionally, within one business  day  of  the  placement  of  such  an
 [inmate]  INCARCERATED INDIVIDUAL into segregated confinement at a level
 one or level two facility, the [inmate] INCARCERATED INDIVIDUAL shall be
 assessed by a mental health clinician.
   (B) Upon placement of an [inmate] INCARCERATED INDIVIDUAL into  segre-
 gated  confinement  at  a  level three or level four facility, a suicide
 prevention screening instrument shall be administered by staff from  the
 department  or the office of mental health who has been trained for that
 purpose. If such a screening instrument reveals that the [inmate] INCAR-
 CERATED INDIVIDUAL is at risk of  suicide,  a  mental  health  clinician
 shall  be  consulted  and appropriate safety precautions shall be taken.
 All [inmates] INCARCERATED INDIVIDUALS placed in segregated  confinement
 at  a  level  three or level four facility shall be assessed by a mental
 health clinician, within fourteen days of such placement into segregated
 confinement.

 A. 2395                            91
 
   (C) At the initial assessment, if the mental  health  clinician  finds
 that  an  [inmate] INCARCERATED INDIVIDUAL suffers from a serious mental
 illness, a recommendation shall  be  made  whether  exceptional  circum-
 stances,  as  described  in clause (E) of this subparagraph, exist. In a
 facility  with  a  joint  case management committee, such recommendation
 shall be made by such committee. In a  facility  without  a  joint  case
 management  committee,  the  recommendation  shall  be made jointly by a
 committee consisting of the facility's  highest  ranking  mental  health
 clinician, the deputy superintendent for security, and the deputy super-
 intendent for program services, or their equivalents. Any such recommen-
 dation  shall  be reviewed by the joint central office review committee.
 The administrative process described in this clause shall  be  completed
 within  fourteen  days  of  the initial assessment, and if the result of
 such process is that the  [inmate]  INCARCERATED  INDIVIDUAL  should  be
 removed from segregated confinement, such removal shall occur as soon as
 practicable,  but  in  no  event  more  than  seventy-two hours from the
 completion of the administrative process.
   (D) If an [inmate]  INCARCERATED  INDIVIDUAL  with  a  serious  mental
 illness is not diverted or removed to a residential mental health treat-
 ment  unit, such [inmate] INCARCERATED INDIVIDUAL shall be reassessed by
 a mental health clinician within fourteen days of the initial assessment
 and at least once every fourteen days thereafter.  After each such addi-
 tional assessment, a recommendation as to whether such  [inmate]  INCAR-
 CERATED  INDIVIDUAL  should be removed from segregated confinement shall
 be made and reviewed according to the process set forth in clause (C) of
 this subparagraph.
   (E) A recommendation or determination whether to  remove  an  [inmate]
 INCARCERATED  INDIVIDUAL  from  segregated  confinement  shall take into
 account the assessing mental  health  clinicians'  opinions  as  to  the
 [inmate's]  INCARCERATED  INDIVIDUAL'S  mental  condition  and treatment
 needs, and shall also take into account any safety and security concerns
 that would be posed by the [inmate's] INCARCERATED INDIVIDUAL'S removal,
 even if additional restrictions were placed on the [inmate's]  INCARCER-
 ATED  INDIVIDUAL'S access to treatment, property, services or privileges
 in a residential mental  health  treatment  unit.  A  recommendation  or
 determination  shall  direct  the  [inmate's]  INCARCERATED INDIVIDUAL'S
 removal from segregated confinement except in the following  exceptional
 circumstances:  (1)  when  the  reviewer finds that removal would pose a
 substantial risk to the safety of the [inmate]  INCARCERATED  INDIVIDUAL
 or other persons, or a substantial threat to the security of the facili-
 ty, even if additional restrictions were placed on the [inmate's] INCAR-
 CERATED  INDIVIDUAL'S  access to treatment, property, services or privi-
 leges in a residential mental health treatment unit;  or  (2)  when  the
 assessing  mental  health clinician determines that such placement is in
 the [inmate's] INCARCERATED INDIVIDUAL'S best interests based on his  or
 her  mental condition and that removing such [inmate] INCARCERATED INDI-
 VIDUAL to a residential mental health treatment  unit  would  be  detri-
 mental  to  his or her mental condition. Any determination not to remove
 an [inmate] INCARCERATED INDIVIDUAL with  serious  mental  illness  from
 segregated  confinement  shall  be documented in writing and include the
 reasons for the determination.
   (iii) [Inmates] INCARCERATED INDIVIDUALS with serious  mental  illness
 who  are  not  diverted  or removed from segregated confinement shall be
 offered a heightened level of care, involving a  minimum  of  two  hours
 each  day,  five  days  a week, of out-of-cell therapeutic treatment and

 A. 2395                            92
 
 programming. This heightened level of care shall not be offered only  in
 the following circumstances:
   (A)  The  heightened  level  of  care shall not apply when an [inmate]
 INCARCERATED INDIVIDUAL with serious mental illness  does  not,  in  the
 reasonable judgment of a mental health clinician, require the heightened
 level  of  care.  Such  determination shall be documented with a written
 statement of the basis of such determination and shall  be  reviewed  by
 the  Central New York Psychiatric Center clinical director or his or her
 designee.  Such  a  determination  is  subject  to  change  should   the
 [inmate's] INCARCERATED INDIVIDUAL'S clinical status change. Such deter-
 mination  shall  be reviewed and documented by a mental health clinician
 every thirty days, and in consultation with the Central New York Psychi-
 atric Center clinical director or his or  her  designee  not  less  than
 every ninety days.
   (B)  The  heightened  level  of  care  shall  not apply in exceptional
 circumstances when providing such care would create an unacceptable risk
 to the safety and security  of  [inmates]  INCARCERATED  INDIVIDUALS  or
 staff.  Such  determination  shall  be  documented by security personnel
 together with the basis of such determination and shall be  reviewed  by
 the facility superintendent, in consultation with a mental health clini-
 cian,  not less than every seven days for as long as the [inmate] INCAR-
 CERATED INDIVIDUAL remains in segregated confinement. The facility shall
 attempt to resolve such exceptional circumstances so that the heightened
 level of care may be provided. If such exceptional circumstances  remain
 unresolved  for  thirty  days, the matter shall be referred to the joint
 central office review committee for review.
   (iv) [Inmates] INCARCERATED INDIVIDUALS with  serious  mental  illness
 who are not diverted or removed from segregated confinement shall not be
 placed  on  a  restricted diet, unless there has been a written determi-
 nation that the restricted diet is necessary for reasons of  safety  and
 security.  If a restricted diet is imposed, it shall be limited to seven
 days, except in the  exceptional  circumstances  where  the  joint  case
 management  committee  determines  that  limiting the restricted diet to
 seven days would pose an unacceptable risk to the safety and security of
 [inmates] INCARCERATED INDIVIDUALS or staff. In such case, the need  for
 a  restricted  diet  shall  be  reassessed  by the joint case management
 committee every seven days.
   (v) All [inmates] INCARCERATED INDIVIDUALS in  segregated  confinement
 in a level one or level two facility who are not assessed with a serious
 mental  illness  at the initial assessment shall be offered at least one
 interview with a mental health clinician within fourteen days  of  their
 initial  mental  health  assessment,  and additional interviews at least
 every thirty days thereafter, unless the mental health clinician at  the
 most recent interview recommends an earlier interview or assessment. All
 [inmates]  INCARCERATED INDIVIDUALS in segregated confinement in a level
 three or level four facility who are not assessed with a serious  mental
 illness  at  the initial assessment shall be offered at least one inter-
 view with a mental health clinician within thirty days of their  initial
 mental health assessment, and additional interviews at least every nine-
 ty  days  thereafter,  unless  the  mental  health clinician at the most
 recent interview recommends an earlier interview or assessment.
   (e) An [inmate] INCARCERATED INDIVIDUAL has a serious  mental  illness
 when  he or she has been determined by a mental health clinician to meet
 at least one of the following criteria:
   (i) he or she has a current diagnosis  of,  or  is  diagnosed  at  the
 initial  or  any  subsequent  assessment conducted during the [inmate's]

 A. 2395                            93
 
 INCARCERATED INDIVIDUAL'S segregated confinement with, one  or  more  of
 the following types of Axis I diagnoses, as described in the most recent
 edition  of  the  Diagnostic and Statistical Manual of Mental Disorders,
 and  such  diagnoses  shall  be  made  based  upon all relevant clinical
 factors, including but not limited to symptoms  related  to  such  diag-
 noses:
   (A) schizophrenia (all sub-types),
   (B) delusional disorder,
   (C) schizophreniform disorder,
   (D) schizoaffective disorder,
   (E) brief psychotic disorder,
   (F)  substance-induced  psychotic disorder (excluding intoxication and
 withdrawal),
   (G) psychotic disorder not otherwise specified,
   (H) major depressive disorders, or
   (I) bipolar disorder I and II;
   (ii) he or she is actively suicidal or has engaged in a recent,  seri-
 ous suicide attempt;
   (iii)  he  or  she  has been diagnosed with a mental condition that is
 frequently characterized by breaks with reality, or perceptions of real-
 ity, that lead  the  individual  to  experience  significant  functional
 impairment  involving  acts  of  self-harm or other behavior that have a
 seriously adverse effect on life or on mental or physical health;
   (iv) he or she has been diagnosed with an organic brain syndrome  that
 results  in  a significant functional impairment involving acts of self-
 harm or other behavior that have a seriously adverse effect on  life  or
 on mental or physical health;
   (v)  he  or  she has been diagnosed with a severe personality disorder
 that is manifested by frequent episodes of psychosis or depression,  and
 results  in  a significant functional impairment involving acts of self-
 harm or other behavior that have a seriously adverse effect on  life  or
 on mental or physical health; or
   (vi)  he  or  she  has been determined by a mental health clinician to
 have otherwise substantially deteriorated mentally or emotionally  while
 confined in segregated confinement and is experiencing significant func-
 tional  impairment  indicating a diagnosis of serious mental illness and
 involving acts of self-harm  or  other  behavior  that  have  a  serious
 adverse effect on life or on mental or physical health.
   (f) The superintendent shall make a full report to the commissioner at
 least once a week concerning the condition of such [inmate] INCARCERATED
 INDIVIDUAL  and shall forthwith report to the commissioner any recommen-
 dation relative to health maintenance or health care  delivery  made  by
 the facility health services director and any recommendation relative to
 mental health treatment or confinement of an [inmate] INCARCERATED INDI-
 VIDUAL with a serious mental illness made by the mental health clinician
 pursuant  to  paragraphs  (d)  and  (e)  of this subdivision that is not
 endorsed or carried out, as the case may be, by the superintendent.
   (g) Within twenty-four hours  of  disciplinary  confinement,  keeplock
 pending  a  disciplinary  hearing, placement in a segregated confinement
 unit for administrative purposes, or placement in a  residential  mental
 health  treatment unit, and at weekly intervals thereafter for the dura-
 tion of such confinement, an [inmate] INCARCERATED INDIVIDUAL  shall  be
 permitted to make at least one personal phone call, except when to do so
 would  create  an  unacceptable  risk  to  the  safety  and  security of
 [inmates] INCARCERATED INDIVIDUALS or staff.

 A. 2395                            94

   § 167. Section 138 of the correction law, as added by chapter  231  of
 the  laws of 1975, and subdivision 6 as amended by section 22 of subpart
 A of part C of chapter 62 of the laws of 2011, is  amended  to  read  as
 follows:
   §  138. Institutional rules and regulations for [inmates] INCARCERATED
 INDIVIDUALS at all correctional facilities. 1. All  institutional  rules
 and regulations defining and prohibiting [inmates] INCARCERATED INDIVID-
 UALS  misconduct  shall  be  published and posted in prominent locations
 within the institution and set forth in both  the  English  and  Spanish
 language.
   2. All [inmates] INCARCERATED INDIVIDUALS shall be provided with writ-
 ten copies of these rules and regulations upon admission to the institu-
 tion  and  all [inmates] INCARCERATED INDIVIDUALS presently incarcerated
 in a correctional facility shall be  provided  with  written  copies  of
 these rules and regulations.
   3.  Facility  rules shall be specific and precise giving all [inmates]
 INCARCERATED INDIVIDUALS actual notice of the conduct prohibited. Facil-
 ity rules shall state the range of disciplinary sanctions which  can  be
 imposed for violation of each rule.
   4.  [Inmates]  INCARCERATED  INDIVIDUALS  shall not be disciplined for
 making written or oral statements,  demands,  or  requests  involving  a
 change  of  institutional  conditions,  policies, rules, regulations, or
 laws affecting an institution.
   5. No [inmate] INCARCERATED INDIVIDUAL shall be disciplined except for
 a violation of a published and posted written rule or regulation, a copy
 of which has been provided the [inmate] INCARCERATED INDIVIDUAL.
   6. All rules and  regulations  pertaining  to  [inmates]  INCARCERATED
 INDIVIDUALS  established  by the department of corrections and community
 supervision and all rules and regulations pertaining to [inmates] INCAR-
 CERATED INDIVIDUALS established by any institutional staff at any  state
 correctional  facility shall be reviewed annually by the commissioner of
 the department of corrections and community supervision.
   § 168. Subdivisions 1 and 5 of section  139  of  the  correction  law,
 subdivision 1 as amended by chapter 867 of the laws of 1975 and subdivi-
 sion  5 as added by chapter 373 of the laws of 1990, are amended to read
 as follows:
   1. The commissioner shall establish, in each correctional  institution
 under  his  OR  HER  jurisdiction,  grievance  resolution  committees to
 resolve grievances of  persons  within  such  correctional  institution.
 Such  grievance resolution committees shall consist of five persons four
 of whom shall be entitled to vote, two of whom shall be [inmates] INCAR-
 CERATED INDIVIDUALS of such correctional institution, and  a  non-voting
 chairman.
   5.  The commissioner shall semi-annually report to the chairmen of the
 senate codes and crime and corrections committees and the assembly codes
 and correction committees on the nature and type of [inmate] INCARCERAT-
 ED INDIVIDUAL grievances and unusual incidents, by facility.
   § 169. Subdivisions 1, 3 and 4 of section 140 of the  correction  law,
 as  added  by  chapter  516  of the laws of 1995, are amended to read as
 follows:
   1. Where an [inmate] INCARCERATED INDIVIDUAL who is not  yet  eighteen
 years  of  age  has  been committed or transferred to the custody of the
 department and no medical consent has been obtained prior to  commitment
 or  transfer, the commitment order shall be deemed to grant to the minor
 the capacity to consent to routine medical,  dental  and  mental  health
 services and treatment to such an individual.

 A. 2395                            95
 
   3.  (a)  At any time prior to the date the [inmate] INCARCERATED INDI-
 VIDUAL becomes eighteen years of age, the [inmate's] INCARCERATED  INDI-
 VIDUAL'S parent or legal guardian may institute legal proceedings pursu-
 ant  to  section  70.20  of  the penal law objecting to the provision of
 routine  medical,  dental  or mental health services and treatment being
 provided to the [inmate] INCARCERATED INDIVIDUAL.
   (b) Such notice of motion shall be served on the [inmate] INCARCERATED
 INDIVIDUAL, the facility and the department not  less  than  seven  days
 prior  to  the return date of the motion. The persons on whom the notice
 of motion is served shall answer the  motion  not  less  than  two  days
 before  the return date.  On examining the motion and answer and, in its
 discretion, after hearing argument, the  court  shall  enter  an  order,
 granting or denying the motion.
   4.  Nothing  in  this  section shall preclude an [inmate] INCARCERATED
 INDIVIDUAL from consenting on his or her  own  behalf  to  any  medical,
 dental or mental health service and treatment where otherwise authorized
 by law to do so.
   § 170. Section 141 of the correction law, as amended by chapter 476 of
 the laws of 1970, is amended to read as follows:
   §  141.  Contagious  disease  in facility.   In case any pestilence or
 contagious disease shall break  out  among  the  [inmates]  INCARCERATED
 INDIVIDUALS in any of the correctional facilities, or in the vicinity of
 such  facilities, the commissioner of correction may cause the [inmates]
 INCARCERATED INDIVIDUALS confined in such facility, or any of  them,  to
 be removed to some suitable place of security, where such of them as may
 be  sick  shall  receive all necessary care and medical assistance; such
 [inmates] INCARCERATED INDIVIDUALS shall be returned as soon as  may  be
 feasible  to  the  facility  from  which they were taken, to be confined
 therein according to their respective sentences.
   § 171. Section 142 of the correction law, as amended by chapter 476 of
 the laws of 1970, is amended to read as follows:
   § 142. Fire in facility.   Whenever  by  reason  of  any  correctional
 facility,  or  any  building contiguous to such facility, being on fire,
 there shall be reason to apprehend that the [inmates] INCARCERATED INDI-
 VIDUALS may be injured or endangered by such fire,  or  may  escape,  it
 shall  be the duty of the superintendent of such facility to remove such
 [inmates] INCARCERATED INDIVIDUALS to some safe  and  convenient  place,
 and  there  confine  them until the necessity of such removal shall have
 ceased.
   § 172. Section 143 of the correction law, as added by chapter  476  of
 the laws of 1970, is amended to read as follows:
   §  143.  Custody  of  persons  convicted  of crimes against the United
 States.  The commissioner is authorized to enter into agreements for the
 care and custody of persons convicted and sentenced to  imprisonment  by
 the  United  States  courts  in  this  state. Persons may be confined in
 correctional  facilities  pursuant  to  any  such  agreement   and   all
 provisions of law applicable to the care and custody of [inmates] INCAR-
 CERATED INDIVIDUALS sentenced by courts of this state, except provisions
 governing  the  duration  of sentence and other related incidents of the
 sentence provided by federal law, shall apply to the care and custody of
 such persons.
   § 173. Subdivision 2 of section 146 of the correction law, as added by
 section 3 of part E of chapter 56 of the laws of  2005,  is  amended  to
 read as follows:
   2. Notwithstanding any other provision of law to the contrary, on each
 September  thirteenth  anniversary date of the nineteen hundred seventy-

 A. 2395                            96
 
 one retaking of Attica correctional facility, in the absence of an emer-
 gency situation or other exigent circumstance,  the  commissioner  shall
 ensure  that any surviving state employees who were held as hostages and
 any  immediate  family  members,  as that term is defined in subdivision
 four of section 120.40 of the penal law, of any of the  state  employees
 who  were  held hostage for any period by rioting [inmates] INCARCERATED
 INDIVIDUALS during the period from  September  ninth  through  September
 thirteenth,  nineteen  hundred  seventy-one, shall be afforded access to
 the outside grounds of Attica correctional facility to conduct a private
 commemorative ceremony in front of the Attica monument  upon  which  are
 inscribed  the  names  of employees who died as a result of the uprising
 and subsequent retaking.
   § 174. Section 147 of the correction law, as amended by chapter 476 of
 the laws of 1970, is amended to read as follows:
   § 147. Alien [inmates] INCARCERATED INDIVIDUALS of correctional facil-
 ities.  The commissioner shall within three months after admission of an
 alien [inmate] INCARCERATED INDIVIDUAL to a correctional facility  cause
 an investigation to be made of the record and past history of such alien
 and shall upon the termination of such investigation cause the record of
 such alien, together with all facts disclosed by such investigation, and
 his  OR  HER  recommendations  as to deportation, to be forwarded to the
 United States immigration authorities having such matters in charge.
   § 175. Section 148 of the correction law, as amended by section 17  of
 subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
 read as follows:
   §  148.  Psychiatric  and  diagnostic  clinics.  The  commissioner  of
 corrections  and community supervision is hereby authorized and directed
 to assist and cooperate with the commissioner of mental  health  in  the
 establishment  and conduct of such psychiatric and diagnostic clinics in
 the institutions and facilities under their jurisdiction as such commis-
 sioners may deem necessary within the amount appropriated therefor.  The
 persons conducting the work of such clinics shall determine the physical
 and  mental  condition of all [inmates] INCARCERATED INDIVIDUALS serving
 an indeterminate term, having a minimum of one  day  and  a  maximum  of
 natural life, and of such other [inmates] INCARCERATED INDIVIDUALS whose
 criminal  record,  behavior or other factors indicate to those in charge
 of such clinics the need of study and treatment. The work of the clinics
 shall include scientific study and psychiatric evaluation of  each  such
 [inmate]  INCARCERATED  INDIVIDUAL, including his or her career and life
 history, investigation of the cause of the crime and recommendations for
 the care, training and employment of such [inmates]  INCARCERATED  INDI-
 VIDUALS with a view to their reformation and to the protection of socie-
 ty.  Each of the different phases of the work of the clinics shall be so
 coordinated with all the other phases of clinic work as to be a part  of
 a  unified  and  comprehensive scheme in the study and treatment of such
 [inmates] INCARCERATED INDIVIDUALS.  After classification in the clinics
 the [inmate] INCARCERATED INDIVIDUAL sentenced to state prison shall  be
 certified  to  the warden and recommendation made to the commissioner of
 corrections and community supervision as to their disposition.
   § 176. Section 149 of the correction law, as amended by chapter 302 of
 the laws of 2008, is amended to read as follows:
   § 149. Released [inmates] INCARCERATED  INDIVIDUALS;  notification  to
 sheriff,  police,  and  district  attorney.  In the case of any [inmate]
 INCARCERATED INDIVIDUAL convicted of a felony, it shall be the  duty  of
 the  department  at  least forty-eight hours prior to the release of any
 such [inmate] INCARCERATED INDIVIDUAL from a  correctional  facility  to

 A. 2395                            97
 
 notify  the  chief  of police both of the city, town or village in which
 such [inmate] INCARCERATED INDIVIDUAL proposes  to  reside  and  of  the
 city,  town  or  village  in which such [inmate] INCARCERATED INDIVIDUAL
 resided  at  the time of his or her conviction and the district attorney
 of the county where the offense  for  which  the  [inmate]  INCARCERATED
 INDIVIDUAL  is  incarcerated was prosecuted, of the contemplated release
 of such [inmate] INCARCERATED INDIVIDUAL, informing such chief of police
 and the district attorney of the name and aliases of the [inmate] INCAR-
 CERATED INDIVIDUAL, the address at which he or she proposes  to  reside,
 the  amount of time remaining to be served, if any, on the full term for
 which he or she was sentenced, and the nature of the crime for which  he
 or  she  was  sentenced,  transmitting  at the same time to the chief of
 police a copy of such [inmate's] INCARCERATED INDIVIDUAL'S  fingerprints
 and  photograph. Where such [inmate] INCARCERATED INDIVIDUAL proposes to
 reside outside of a city, such notification shall be sent to the sheriff
 of the county in which such [inmate] INCARCERATED INDIVIDUAL proposes to
 reside. Such notification may be provided by electronic transmission  to
 those  willing jurisdictions that have the capability of receiving elec-
 tronic transmission notification. Any chief of  police  or  sheriff  who
 receives  notification  of  a  released [inmate] INCARCERATED INDIVIDUAL
 pursuant to this section may request and receive from  the  division  of
 criminal  justice  services  a  report  containing  a  summary  of  such
 [inmate's] INCARCERATED INDIVIDUAL'S criminal record.
   § 177. Section 170 of the correction law, as amended by chapter 166 of
 the laws of 1991, subdivision 1 as amended by chapter 371 of the laws of
 2012 and subdivision 3 as added by chapter 256 of the laws of  2010,  is
 amended to read as follows:
   §  170. Contracts prohibited. 1. The commissioner shall not, nor shall
 any other authority whatsoever, make any contract by which the labor  or
 time  of  any  [inmate]  INCARCERATED  INDIVIDUAL  in any state or local
 correctional facility in this state, or the product or profit of his  OR
 HER  work,  shall  be  contracted, let, farmed out, given or sold to any
 person, firm, association or  corporation;  except  that  the  [inmates]
 INCARCERATED INDIVIDUALS in said correctional institutions may work for,
 and  the products of their labor may be disposed of to, the state or any
 political subdivision thereof, any public institution owned  or  managed
 and  controlled  by  the  state,  or  any political subdivision thereof,
 provided that no [inmate] INCARCERATED INDIVIDUAL shall be  employed  or
 assigned  to  engage  in any activity that involves obtaining access to,
 collecting or processing social security account numbers of other  indi-
 viduals.
   2.  Notwithstanding any other provision of law, it shall be lawful for
 an [inmate] INCARCERATED INDIVIDUAL of the  department  to  work  in  an
 institution  of  the  department  in  the  manufacture and production of
 goods, including but not  limited  to,  license  plates,  identification
 plates  and  insignia  for  vehicles,  and for the department to sell or
 otherwise dispose of for profit such goods  to  the  government  of  the
 United  States or to any state of the United States, or political subdi-
 vision thereof, or any public corporation or eleemosynary association or
 corporation funded in whole or in part by any federal,  state  or  local
 funds.
   3. Notwithstanding any other provision of law, an [inmate] INCARCERAT-
 ED  INDIVIDUAL  may be permitted to leave the institution under guard to
 voluntarily perform work for a nonprofit organization. As used  in  this
 section,  the  term "nonprofit organization" means an organization oper-
 ated exclusively for religious, charitable, or educational purposes,  no

 A. 2395                            98

 part  of  the net earnings of which inures to the benefit of any private
 shareholder or individual.
   §  178.  The  section  heading and subdivision 1 of section 171 of the
 correction law, the section heading as amended by  chapter  364  of  the
 laws  of 1983 and subdivision 1 as amended by section 24 of subpart A of
 part C of chapter 62 of the  laws  of  2011,  are  amended  to  read  as
 follows:
   [Inmates]  INCARCERATED  INDIVIDUALS to be employed; products of labor
 of [inmates] INCARCERATED INDIVIDUALS.   1.  The  commissioner  and  the
 superintendents  and  officials  of  all penitentiaries in the state may
 cause [inmates]  INCARCERATED  INDIVIDUALS  in  the  state  correctional
 facilities and such penitentiaries who are physically capable thereof to
 be employed for not to exceed eight hours of each day other than Sundays
 and  public  holidays.  Notwithstanding  any  other  provision  of  this
 section, however, the commissioner and superintendents of state  correc-
 tional  facilities  may  employ  [inmates] INCARCERATED INDIVIDUALS on a
 volunteer basis on Sundays and public holidays in specialized  areas  of
 the facility, including kitchen areas, vehicular garages, rubbish pickup
 and grounds maintenance, providing, however, that [inmates] INCARCERATED
 INDIVIDUALS  so employed shall be allowed an alternative free day within
 the normal work week.
   § 179. The section heading and subdivisions  1,  2,  3,  4  and  6  of
 section  177 of the correction law, the section heading and subdivisions
 1, 2 and 4 as amended by chapter 166 of the laws of 1991, subdivision  3
 as  amended  by  section  25 of subpart A of part C of chapter 62 of the
 laws of 2011 and subdivision 6 as added by chapter 256 of  the  laws  of
 2010, are amended to read as follows:
   Labor of [inmates] INCARCERATED INDIVIDUALS in state and local correc-
 tional  facilities. 1.   The labor of [inmates] INCARCERATED INDIVIDUALS
 in the state correctional facilities, after the necessary labor for  and
 manufacture  of  all  needed  supplies  for  said institutions, shall be
 primarily devoted to the state, the public  buildings  and  institutions
 thereof,  and  the  manufacture  of  supplies  for the state, and public
 institutions thereof, and secondly to the political subdivisions of  the
 state, and public institutions thereof;
   2.  The  labor  of [inmates] INCARCERATED INDIVIDUALS in local correc-
 tional facilities after the necessary labor for and manufacture  of  all
 needed  supplies  for  the same, shall be primarily devoted to the coun-
 ties, respectively, in which  said  local  correctional  facilities  are
 located, and the towns, cities and villages therein, and to the manufac-
 ture  of  supplies  for  the public institutions of the counties, or the
 political subdivisions thereof, and secondly to the state and the public
 institutions thereof;
   3. However, for the purpose of distributing, marketing or sale of  the
 whole  or  any  part  of the product of any correctional facility in the
 state, other than by said state correctional facilities, to the state or
 to any political subdivisions thereof  or  to  any  public  institutions
 owned or managed and controlled by the state, or by any political subdi-
 visions  thereof,  or to any public corporation, authority, or eleemosy-
 nary association funded in whole or in part by  any  federal,  state  or
 local funds, the sheriff of any such local correctional facility and the
 commissioner  of  corrections and community supervision may enter into a
 contract or contracts which may determine the  kinds  and  qualities  of
 articles  to  be produced by such institution and the method of distrib-
 ution and sale thereof by the commissioner of corrections and  community
 supervision or under his or her direction, either in separate lots or in

 A. 2395                            99
 
 combination  with  the  products of other such institutions and with the
 products produced by [inmates] INCARCERATED INDIVIDUALS in state correc-
 tional facilities.  Such contracts may fix and  determine  any  and  all
 terms and conditions for the disposition of such products and the dispo-
 sition  of  proceeds  of  sale  thereof  and any and all other terms and
 conditions as may be agreed upon, not inconsistent  with  the  constitu-
 tion.  However,  no such contract shall be for a period of more than one
 year and any prices fixed by such contract shall be  the  prices  estab-
 lished  pursuant  to  section one hundred eighty-six of this article for
 like articles or shall be approved by the department of corrections  and
 community  supervision and the director of the budget on presentation to
 them of a copy of such  contract  or  proposed  contract,  and  provided
 further  that any distribution or diversification of industries provided
 for by such contract shall be in accordance with  the  rules  and  regu-
 lations  established  by  the  department  of  corrections and community
 supervision or shall be approved by such department on  presentation  to
 it of a copy of such contract or proposed contract.
   4.  No product manufactured in whole or in part by [inmates] INCARCER-
 ATED INDIVIDUALS in any correctional facility of the state or of a poli-
 tical subdivision thereof, shall be sold, or otherwise disposed  of  for
 profit,  by any officer, or administrative body, of such institution, or
 by any officer, or administrative body of the state, or of  a  political
 subdivision thereof, except to the state itself or to a political subdi-
 vision  thereof,  the government of the United States or to any state of
 the United States, or to an officer or administrative body of the state,
 or of a political subdivision thereof, or to or for a public institution
 owned or managed and controlled by the state or by any political  subdi-
 vision  thereof,  or to a public corporation, authority, or eleemosynary
 association funded in whole or in part by federal, state or local funds.
 In no case shall said products be purchased for the purpose of resale or
 for their disposition for profit in a manner not herein provided for  in
 the first instance.
   6. Notwithstanding any other provision of law, an [inmate] INCARCERAT-
 ED  INDIVIDUAL  may be permitted to leave the institution under guard to
 voluntarily perform work for a nonprofit organization. As used  in  this
 section,  the  term "nonprofit organization" means an organization oper-
 ated exclusively for religious, charitable, or educational purposes,  no
 part  of  the net earnings of which inures to the benefit of any private
 shareholder or individual.
   § 180. Section 178 of the correction law, as added by chapter  476  of
 the laws of 1970, is amended to read as follows:
   §  178.  Participation in work release and other community activities.
 Nothing contained in this article shall be construed or applied so as to
 prohibit private employment of [inmates] INCARCERATED INDIVIDUALS in the
 community under a work  release  program,  or  a  residential  treatment
 facility program formulated pursuant to any provision of this chapter.
   § 181. Section 184 of the correction law, as amended by chapter 166 of
 the laws of 1991, subdivision 1 as amended by section 21 of subpart B of
 part C of chapter 62 of the laws of 2011 and subdivision 2 as amended by
 section  27 of subpart A of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   § 184. Articles manufactured to be furnished to the state or  subdivi-
 sions  thereof.  1. The commissioner is authorized and directed to cause
 to be manufactured or prepared by the [inmates] INCARCERATED INDIVIDUALS
 in the state correctional facilities, such articles as  are  needed  and
 used  therein,  and  also, such articles as are required by the state or

 A. 2395                            100
 
 political subdivisions thereof, and in the buildings, offices and public
 institutions owned or managed and controlled  by  the  state,  including
 articles  and materials to be used in the erection of the buildings, and
 including  material for the construction, improvement or repair of high-
 ways, streets and roads.
   2. All such articles manufactured or prepared in the state correction-
 al  facilities,  or  by  [inmates]  INCARCERATED  INDIVIDUALS,  and  not
 required  for use therein, shall be of the styles, patterns, designs and
 qualities fixed by the department of corrections  and  community  super-
 vision, except where the same have been or may be fixed by the office of
 general  services  in  the  executive  department.  Such articles may be
 furnished to the state, or to any political subdivision thereof, or  for
 or  to  any  public  institution  owned or managed and controlled by the
 state, or any political subdivision thereof, government  of  the  United
 States or to any state of the United States or subdivision thereof or to
 any public corporation, authority, or eleemosynary association funded in
 whole  or  in part by any federal, state or local funds, at and for such
 prices as shall be fixed and determined as  hereinafter  provided,  upon
 the requisitions of the proper officials thereof. No article so manufac-
 tured  or  prepared  shall  be  purchased from any other source, for the
 state or public institutions of the state, or the political subdivisions
 thereof, or public benefit  corporations,  authorities  or  commissions,
 unless  the  commissioner of corrections and community supervision shall
 certify that the same can not be furnished upon such requisition, and no
 claim therefor shall be audited or paid without such certificate.
   § 182. Section 187 of the correction law, as amended by section 30  of
 subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
 read as follows:
   § 187. Earnings of  [inmates]  INCARCERATED  INDIVIDUALS.    1.  Every
 [inmate] INCARCERATED INDIVIDUAL confined in a state correctional facil-
 ity,  subject  to  the  rules  and  regulations  of  the  department  of
 corrections and community supervision, and every  [inmate]  INCARCERATED
 INDIVIDUAL  confined in a local correctional facility, in the discretion
 of the sheriff thereof, may  receive  compensation  for  work  performed
 during his or her imprisonment. Such compensation shall be graded by the
 department  of  corrections  and  community  supervision  with regard to
 [inmates] INCARCERATED INDIVIDUALS employed in prison industries,  based
 upon  the  work  performed  by  such prisoners for prisoners confined in
 state correctional facilities, and by the sheriffs in all local  correc-
 tional facilities for [inmates] INCARCERATED INDIVIDUALS confined there-
 in.
   2. The department of corrections and community supervision shall adopt
 rules, subject to the approval of the director of the budget, for estab-
 lishing  in all of the state correctional facilities a system of compen-
 sation for the [inmates] INCARCERATED INDIVIDUALS confined therein. Such
 rules shall provide for the payment of  compensation  to  each  [inmate]
 INCARCERATED  INDIVIDUAL, who shall meet the requirements established by
 the department of corrections and community supervision, based upon  the
 work performed by such [inmates] INCARCERATED INDIVIDUALS.
   3.  The  department  shall prepare graded wage schedules for [inmates]
 INCARCERATED INDIVIDUALS, which schedules shall be  based  upon  classi-
 fications  according to the value of work performed by each. Such sched-
 ules need not be uniform in all institutions. The rules of  the  depart-
 ment  shall  also  provide  for the establishment of a credit system for
 each [inmate] INCARCERATED INDIVIDUAL and the manner in which such earn-

 A. 2395                            101
 
 ings shall be paid to the [inmate] INCARCERATED INDIVIDUAL or his or her
 dependents or held in trust for him or her until his or her release.
   4.  Any compensation paid to an [inmate] INCARCERATED INDIVIDUAL under
 this article shall be based on  the  work  performed  by  such  [inmate]
 INCARCERATED INDIVIDUAL.  Compensation may be paid from moneys appropri-
 ated  to  the  department  and  available  to facilities for nonpersonal
 service.
   § 183. Section 197 of the correction law, as added by chapter  831  of
 the laws of 1959, is amended to read as follows:
   §  197.  Occupational therapy. Nothing in this article contained shall
 be deemed to apply to occupational therapy in any penal or  correctional
 institution,  or  to  prohibit the sale of the products resulting there-
 from. Such sale and the disposition of the  proceeds  thereof  shall  be
 governed by rules and regulations of the head of the department or other
 like governmental authority having jurisdiction. For the purpose of this
 section,  occupational  therapy is defined as any activity in the nature
 of individual art or handicraft, prescribed, guided  or  supervised  for
 the  purpose  of  contributing  to  the welfare or rehabilitation of any
 [inmate] INCARCERATED INDIVIDUAL or [inmates]  INCARCERATED  INDIVIDUALS
 of such institutions.
   §  184. Section 198 of the correction law, as amended by section 31 of
 subpart A of part C of chapter 62 of the laws of  2011,  is  amended  to
 read as follows:
   §  198. [Inmate] INCARCERATED INDIVIDUAL occupational therapy fund. 1.
 The commissioner of corrections and community supervision may  authorize
 the superintendent or director of any correctional institution to estab-
 lish  an  [inmate] INCARCERATED INDIVIDUAL occupational therapy fund for
 the receipt of proceeds from a product sold, as  authorized  by  section
 one  hundred  ninety-seven  of  this  article,  by one or more [inmates]
 INCARCERATED INDIVIDUALS as incident to  an  avocational  or  vocational
 project approved by the commissioner, including but not limited to, art,
 music, drama, handicraft, or sports.
   2.  Pursuant  to rules, regulations or directions of the commissioner,
 moneys of the fund may: (a) be made available to the  superintendent  or
 director to be used for the general benefit of the [inmates] INCARCERAT-
 ED  INDIVIDUALS  of the correctional institution wherein the product was
 produced,  including  but  not  limited  to,  furnishing  materials  and
 supplies to an [inmate] INCARCERATED INDIVIDUAL or [inmates] INCARCERAT-
 ED  INDIVIDUALS  for an avocational or vocational project and the trans-
 porting of a product thereof for sale,  display  or  otherwise  and  for
 recreational  activities;  or (b) be disbursed as follows: (i) an amount
 equal to the proceeds from  the  sale  of  a  product  produced  by  one
 [inmate] INCARCERATED INDIVIDUAL may be deposited to the account of such
 [inmate] INCARCERATED INDIVIDUAL pursuant to section one hundred sixteen
 of  this  chapter; or (ii) an amount equal to the proceeds from the sale
 of a product produced by two or more [inmates] INCARCERATED  INDIVIDUALS
 may be divided equally among such [inmates] INCARCERATED INDIVIDUALS and
 deposited  to  their respective accounts pursuant to section one hundred
 sixteen of this chapter.
   3. In determining the amount of the proceeds from a sale of a  product
 that  may  be deposited to the account of an [inmate] INCARCERATED INDI-
 VIDUAL, the commissioner may provide for the deduction from the  sum  of
 the  proceeds  the  reasonable expenses of the department of corrections
 and community supervision incident to the sale, including but not limit-
 ed to, the value of materials and supplies for  the  production  of  the
 product  supplied  without financial charge to the [inmate] INCARCERATED

 A. 2395                            102
 
 INDIVIDUAL and the expenses of transporting  the  product  for  sale  or
 display or otherwise.
   §  185.  Subdivisions  1,  2, 3 and 4 of section 200 of the correction
 law, subdivisions 1 and 2 as amended by chapter 301 of the laws of 1996,
 and subdivisions 3 and 4 as added by chapter 536 of the  laws  of  1974,
 are amended to read as follows:
   1.  For  the  purpose  of  this section the term "incentive allowance"
 means monies allowed an [inmate]  INCARCERATED  INDIVIDUAL  of  a  state
 correctional  institution  for  the efficient and willing performance of
 duties assigned or progress and achievement in educational,  career  and
 industrial training programs.
   2.  In lieu of the system of labor in correctional institutions estab-
 lished by this article, the commissioner may, in order to facilitate  an
 [inmate's]  INCARCERATED INDIVIDUAL'S eventual reintegration into socie-
 ty, establish for the [inmates] INCARCERATED INDIVIDUALS in one or  more
 state  correctional  institutions  a  system  of educational, career and
 industrial training programs, and of incentive allowances for each  such
 program.
   3. For each institution wherein such system is established the commis-
 sioner  shall  prepare, and may at times revise, graded incentive allow-
 ance schedules for the [inmates] INCARCERATED  INDIVIDUALS  within  each
 such  program based upon the levels of performance and achievement by an
 [inmate] INCARCERATED INDIVIDUAL in a program to which  he  OR  SHE  has
 been  assigned.  Upon  the  approval  of the director of the budget such
 schedules or revisions thereof may be promulgated.
   4. The commissioner shall also provide  for  the  establishment  of  a
 credit  system  for each [inmate] INCARCERATED INDIVIDUAL and the manner
 in which incentive allowances shall be paid to the [inmate] INCARCERATED
 INDIVIDUAL or his OR HER dependents or held in  trust  for  him  OR  HER
 until  his OR HER release. The amount of incentive allowed to the credit
 of any [inmate] INCARCERATED INDIVIDUAL shall be disposed of as provided
 by section one hundred eighty-nine OF THIS ARTICLE.
   § 186. Subdivisions 2, 3, 5 and 6 of section  201  of  the  correction
 law,  as added by section 32 of subpart A of part C of chapter 62 of the
 laws of 2011, are amended to read as follows:
   2. In accordance with the provisions of this chapter,  the  department
 shall supervise [inmates] INCARCERATED INDIVIDUALS released to community
 supervision,  except  that the department may consent to the supervision
 of a released [inmate] INCARCERATED  INDIVIDUAL  by  the  United  States
 parole  commission  pursuant  to  the  witness  security act of nineteen
 hundred eighty-four.
   3. To facilitate the supervision of all [inmates]  INCARCERATED  INDI-
 VIDUALS  released  to  community  supervision,  the  commissioner  shall
 consider the implementation of a program of graduated sanctions, includ-
 ing but not limited to the utilization of a risk  and  needs  assessment
 instrument  that  would  be  administered  to all [inmates] INCARCERATED
 INDIVIDUALS eligible for community supervision.  Such  a  program  would
 include  various components including approaches that concentrate super-
 vision on new releases,  alternatives  to  incarceration  for  technical
 parole violators and the use of enhanced technologies.
   5.  The  department  shall  assist  [inmates] INCARCERATED INDIVIDUALS
 eligible for community supervision and [inmates]  INCARCERATED  INDIVID-
 UALS  who are on community supervision to secure employment, educational
 or vocational training, and housing.
   6. The department shall have the duty to  provide  written  notice  to
 [inmates]  INCARCERATED INDIVIDUALS prior to release to community super-

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 vision or pursuant to subdivision six of section 410.91 of the  criminal
 procedure  law  of  any  requirement  to  report to the office of victim
 services any funds of a convicted  person  as  defined  in  section  six
 hundred  thirty-two-a  of  the  executive  law,  the  procedure for such
 reporting and any potential penalty for a failure to comply.
   § 187. Subdivision 2 of section 203 of the correction law, as added by
 section 32 of subpart A of part C of chapter 62 of the laws of 2011,  is
 amended to read as follows:
   2.  The department shall have the duty, prior to the release to commu-
 nity supervision of an [inmate]  INCARCERATED  INDIVIDUAL  designated  a
 level  two  or three sex offender pursuant to the sex offender registra-
 tion act, to provide notification to the local social services  district
 in  the  county in which the [inmate] INCARCERATED INDIVIDUAL expects to
 reside, when information available or any other  pre-release  procedures
 indicates  that  such [inmate] INCARCERATED INDIVIDUAL is likely to seek
 to access local social services for  homeless  persons.  The  department
 shall  provide such notice, when practicable, thirty days or more before
 such [inmate's] INCARCERATED INDIVIDUAL'S release, but in any event,  in
 advance  of  such  [inmate's]  INCARCERATED  INDIVIDUAL'S arrival in the
 jurisdiction of such local social services district.
   § 188. Section 207 of the correction law, as added by  section  32  of
 subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
 read as follows:
   § 207. Cooperation. It shall  be  the  duty  of  the  commissioner  of
 corrections  and  community  supervision to insure that all officers and
 employees of the department shall at all times cooperate with the  board
 of  parole  and shall furnish to such members and employees of the board
 of parole such information as may  be  appropriate  to  enable  them  to
 perform  their  independent decision making functions. It is also his or
 her duty to ensure that the functions of the board  of  parole  are  not
 hampered  in  any  way,  including  but not limited to: a restriction of
 resources including staff assistance; limited access to  vital  informa-
 tion;  and  presentation of [inmate] INCARCERATED INDIVIDUAL information
 in a manner that may inappropriately influence the board in its decision
 making.
   § 189. Subdivision 2 of section 272 of the correction law, as added by
 section 1 of part SS of chapter 56 of the laws of 2009,  is  amended  to
 read as follows:
   2. have the power to determine, as each [inmate] INCARCERATED INDIVID-
 UAL  applies for conditional release, the need for supplemental investi-
 gation of the background of such [inmate]  INCARCERATED  INDIVIDUAL  and
 cause such investigation as may be necessary to be made as soon as prac-
 ticable.  The  commission  may  require  that  the  probation department
 located in the jurisdiction of the commission conduct such  supplemental
 investigation. The results of such investigation together with all other
 information compiled by the local correctional facility and the complete
 criminal  record  and  family court record of such [inmate] INCARCERATED
 INDIVIDUAL shall be readily available when the  conditional  release  of
 such [inmate] INCARCERATED INDIVIDUAL is being considered. Such informa-
 tion  shall  include  a  complete  statement  of the crime for which the
 [inmate] INCARCERATED INDIVIDUAL has been sentenced,  the  circumstances
 of  such  crime,  all presentence memoranda, the nature of the sentence,
 the court in which such [inmate] INCARCERATED INDIVIDUAL was  sentenced,
 the name of the judge and district attorney and copies of such probation
 reports  as  may  have been made as well as reports as to the [inmate's]

 A. 2395                            104
 
 INCARCERATED  INDIVIDUAL'S  social,  physical,  mental  and  psychiatric
 condition and history;
   §  190.  The  opening paragraph and paragraph (a) of subdivision 1 and
 subdivisions 2 and 6 of section 273 of the correction law, as  added  by
 section  1  of part SS of chapter 56 of the laws of 2009, are amended to
 read as follows:
   Any [inmate] INCARCERATED INDIVIDUAL who is eligible  for  conditional
 release  by a commission pursuant to subdivision two of section 70.40 of
 the penal law and who has served a minimum period of  sixty  days  in  a
 local correctional facility may apply for conditional release. Eligibil-
 ity criteria shall be limited to [inmates] INCARCERATED INDIVIDUALS:
   (a)  who  have  not  been  previously  convicted  and who do not stand
 convicted of any crime which would make such [inmate] INCARCERATED INDI-
 VIDUAL ineligible for the receipt of  merit  time  pursuant  to  section
 eight  hundred  three of this chapter, any crime pursuant to article two
 hundred thirty-five of the penal law when the victim of such offense was
 under the age of eighteen at the time of the offense, or any crime which
 the commission determines constituted a crime of domestic violence;
   2. The commission shall review and make a determination on each appli-
 cation within thirty days of receipt of such  application.  No  determi-
 nation  granting  or denying such application shall be valid unless made
 by a majority vote of at least  three  commission  members  present.  No
 release  shall be granted unless there is a reasonable probability that,
 if such [inmate] INCARCERATED INDIVIDUAL is released, he  or  she  shall
 live  and  remain  at liberty without violating the law, and that his or
 her release is not incompatible with the welfare of  society  and  shall
 not  so  deprecate  the  seriousness of his or her crime as to undermine
 respect for law.
   6. If conditional release is not granted, the commission shall  inform
 the  person  in  writing  of  the factors and reasons for such denial of
 conditional release within fifteen days of the  decision.  Such  reasons
 shall  be given in detail and not in conclusory terms.  [Inmates] INCAR-
 CERATED INDIVIDUALS denied conditional release are eligible  to  reapply
 sixty days after the date of the denial.
   §  191.  The  article  heading of article 16 of the correction law, as
 added by chapter 766 of the laws of 1976, is amended to read as follows:
        PROVISIONS RELATING TO MENTALLY ILL [INMATES] INCARCERATED
                                INDIVIDUALS
   § 192. Subdivisions 1, 2, 3 and 5 of section  400  of  the  correction
 law, subdivisions 1, 2 and 3 as added by chapter 766 of the laws of 1976
 and  subdivision  5  as  amended by section 35 of subpart A of part C of
 chapter 62 of the laws of 2011, are amended to read as follows:
   (1) "Examining physician" means a physician licensed to practice medi-
 cine in the state of New York, but who is not on the staff of the facil-
 ity where the [inmate] INCARCERATED INDIVIDUAL is confined.
   (2) "Hospital" means a hospital in the department  of  mental  hygiene
 which  is  designated  as such by the commissioner of mental hygiene for
 the care and treatment of mentally ill [inmates]  INCARCERATED  INDIVID-
 UALS.
   (3)  "In immediate need of care and treatment" means that the [inmate]
 INCARCERATED INDIVIDUAL is apparently mentally ill and is not able to be
 properly cared for at the place where he OR SHE is confined  and  is  in
 need of immediate care and treatment in a hospital.
   (5) "[Inmate] INCARCERATED INDIVIDUAL" means a person committed to the
 custody of the department of corrections and community supervision, or a

 A. 2395                            105
 
 person convicted of a crime and committed to the custody of the sheriff,
 the county jail, or a local department of correction.
   §  193.  Section 401 of the correction law, as amended by chapter 1 of
 the laws of 2008, subdivision 6 as amended by chapter 20 of the laws  of
 2016, is amended to read as follows:
   §  401.  Establishment  of programs inside correctional facilities. 1.
 The commissioner, in cooperation with the commissioner of mental health,
 shall establish programs,  including  but  not  limited  to  residential
 mental  health treatment units, in such correctional facilities as he or
 she may deem appropriate for the treatment  of  mentally  ill  [inmates]
 INCARCERATED  INDIVIDUALS  confined in state correctional facilities who
 are in need of psychiatric services but who do not require  hospitaliza-
 tion  for  the treatment of mental illness. [Inmates] INCARCERATED INDI-
 VIDUALS with serious mental illness shall receive therapy  and  program-
 ming  in  settings  that  are  appropriate to their clinical needs while
 maintaining the safety and security of the facility. The  administration
 and  operation of programs established pursuant to this section shall be
 the joint responsibility of the commissioner of mental  health  and  the
 commissioner.  The  professional mental health care personnel, and their
 administrative and support staff, for such programs shall  be  employees
 of  the  office of mental health. All other personnel shall be employees
 of the department.
   2. (a) (i) In exceptional circumstances, a mental health clinician, or
 the highest ranking facility security supervisor in consultation with  a
 mental  health  clinician  who has interviewed the [inmate] INCARCERATED
 INDIVIDUAL, may determine that an [inmate's]  INCARCERATED  INDIVIDUAL'S
 access  to  out-of-cell  therapeutic  programming  and/or  mental health
 treatment in a residential mental  health  treatment  unit  presents  an
 unacceptable risk to the safety of [inmates] INCARCERATED INDIVIDUALS or
 staff. Such determination shall be documented in writing and alternative
 mental  health treatment and/or other therapeutic programming, as deter-
 mined by a mental health clinician, shall be provided.
   (ii) Any determination to restrict out-of-cell therapeutic programming
 and/or mental health treatment shall be reviewed at least every fourteen
 days by the joint case management committee or, if no such committee  is
 available, by the treatment team assigned to the [inmate's] INCARCERATED
 INDIVIDUAL'S residential mental health treatment unit.
   (iii)  The  determination  whether to restrict out-of-cell therapeutic
 programming and/or mental health treatment shall take into  account  the
 [inmate's] INCARCERATED INDIVIDUAL'S mental condition and any safety and
 security  concerns  that  would  be posed by the [inmate's] INCARCERATED
 INDIVIDUAL'S access to such  out-of-cell  therapeutic  programming.  The
 joint  case  management committee or treatment team shall recommend that
 the [inmate] INCARCERATED INDIVIDUAL shall have  access  to  out-of-cell
 therapeutic  programming and/or mental health treatment unless in excep-
 tional circumstances such access would pose an unacceptable risk to  the
 safety  of  the  [inmate] INCARCERATED INDIVIDUAL or other persons. Such
 recommendation shall be reviewed by the facility superintendent, and  if
 the  superintendent makes a determination not to accept such recommenda-
 tion, the matter shall be referred to the joint  central  office  review
 committee  for resolution.   Such resolution shall be made no later than
 twenty-one days after the imposition of the restriction.
   (b) [Inmates] INCARCERATED INDIVIDUALS in a residential mental  health
 treatment  unit  shall receive property, services and privileges similar
 to [inmates] INCARCERATED INDIVIDUALS confined  in  the  general  prison
 population,  provided however, the department may impose general limita-

 A. 2395                            106
 
 tions on the quantity and type of property  all  [inmates]  INCARCERATED
 INDIVIDUALS  on  the  unit  are  permitted  to  have  in their cells and
 [inmate] INCARCERATED  INDIVIDUAL  access  to  programs  that  are  more
 restrictive  than for general population [inmates] INCARCERATED INDIVID-
 UALS in order to maintain security and order on the  unit.  Further,  in
 consultation  with a mental health clinician, the department may make an
 individual determination to impose restrictions on property, services or
 privileges for an [inmate] INCARCERATED INDIVIDUAL on the unit for ther-
 apeutic and/or security reasons which  are  not  inconsistent  with  the
 [inmate's]INCARCERATED  INDIVIDUAL'S  mental  health  needs. If any such
 restrictions on property,  services  or  privileges  are  imposed  on  a
 particular [inmate] INCARCERATED INDIVIDUAL, they shall be documented in
 writing and shall be reviewed by the joint case management committee not
 less  than every thirty days. A disciplinary sanction of restricted diet
 shall not be imposed on any  [inmate]  INCARCERATED  INDIVIDUAL  who  is
 housed in a residential mental health treatment unit.
   3.  Misbehavior  reports  will not be issued to [inmates] INCARCERATED
 INDIVIDUALS with serious mental illness for refusing treatment or  medi-
 cation,  however,  an [inmate] INCARCERATED INDIVIDUAL may be subject to
 the disciplinary process for refusing to go to the location where treat-
 ment is provided or medication is dispensed. In addition, there will  be
 a presumption against imposition and pursuit of disciplinary charges for
 self-harming  behavior  and  threats of self-harming behavior, including
 related charges for the same behaviors, such  as  destruction  of  state
 property, except in exceptional circumstances.
   4.  A  disciplinary sanction imposed on an [inmate] INCARCERATED INDI-
 VIDUAL requiring confinement to a cell or room  shall  continue  to  run
 while  the  [inmate]  INCARCERATED  INDIVIDUAL  is placed in residential
 mental health treatment in a residential mental health unit model  or  a
 behavioral  health  unit  model.  Such  disciplinary  sanction  shall be
 reviewed by the joint case management committee or, if no such committee
 is available, by the treatment team assigned to the [inmate's] INCARCER-
 ATED INDIVIDUAL'S residential mental health treatment unit at least once
 every three months to determine whether based upon the [inmate's] INCAR-
 CERATED INDIVIDUAL'S  mental  health  status  and  safety  and  security
 concerns, the [inmate's] INCARCERATED INDIVIDUAL'S disciplinary sanction
 should  be reduced and/or the [inmate] INCARCERATED INDIVIDUAL should be
 transferred to a less restrictive setting. Nothing in  this  subdivision
 shall  be  deemed to preclude the department from granting reductions of
 disciplinary sanctions to [inmates] INCARCERATED  INDIVIDUALS  in  other
 residential mental health treatment unit models.
   5.  (a)  An  [inmate]  INCARCERATED INDIVIDUAL in a residential mental
 health treatment unit shall not be sanctioned with  segregated  confine-
 ment  for misconduct on the unit, or removed from the unit and placed in
 segregated confinement, except in exceptional circumstances  where  such
 [inmate's]  INCARCERATED  INDIVIDUAL'S  conduct  poses a significant and
 unreasonable risk to the safety of [inmates] INCARCERATED INDIVIDUALS or
 staff, or to the security of the facility. Further, in  the  event  that
 such  a  sanction  is imposed, an [inmate] INCARCERATED INDIVIDUAL shall
 not be required  to  begin  serving  such  sanction  until  the  reviews
 required  by  paragraph  (b)  of  this  subdivision have been completed;
 provided,  however  that  in  extraordinary   circumstances   where   an
 [inmate's]  INCARCERATED  INDIVIDUAL'S  conduct poses an immediate unac-
 ceptable threat to the safety of [inmates] INCARCERATED  INDIVIDUALS  or
 staff, or to the security of the facility an [inmate] INCARCERATED INDI-
 VIDUAL may be immediately moved to segregated confinement.  The determi-

 A. 2395                            107
 
 nation that an immediate transfer to segregated confinement is necessary
 shall  be  made  by  the highest ranking facility security supervisor in
 consultation with a mental health clinician.
   (b)  The joint case management committee shall review any disciplinary
 disposition imposing a sanction of segregated confinement  at  its  next
 scheduled  meeting.  Such  review shall take into account the [inmate's]
 INCARCERATED INDIVIDUAL'S  mental  condition  and  safety  and  security
 concerns. The joint case management committee may only thereafter recom-
 mend  the removal of the [inmate] INCARCERATED INDIVIDUAL in exceptional
 circumstances where the [inmate] INCARCERATED INDIVIDUAL poses a signif-
 icant and unreasonable risk to  the  safety  of  [inmates]  INCARCERATED
 INDIVIDUALS  or  staff  or to the security of the facility. In the event
 that the [inmate]  INCARCERATED  INDIVIDUAL  was  immediately  moved  to
 segregated  confinement,  the joint case management committee may recom-
 mend that the [inmate] INCARCERATED INDIVIDUAL continue  to  serve  such
 sanction  only in exceptional circumstances where the [inmate] INCARCER-
 ATED INDIVIDUAL poses a significant and unreasonable risk to the  safety
 of [inmates] INCARCERATED INDIVIDUALS or staff or to the security of the
 facility.  If  a  determination  is  made that the [inmate] INCARCERATED
 INDIVIDUAL shall not be required to serve all or any part of the  segre-
 gated  confinement  sanction,  the  joint  case management committee may
 instead recommend that a less restrictive sanction  should  be  imposed.
 The  recommendations  made  by the joint case management committee under
 this paragraph shall be documented in writing and referred to the super-
 intendent for review and if the  superintendent  disagrees,  the  matter
 shall  be  referred  to  the joint central office review committee for a
 final determination. The administrative process described in this  para-
 graph  shall  be  completed  within fourteen days. If the result of such
 process is that an [inmate] INCARCERATED INDIVIDUAL who was  immediately
 transferred  to segregated confinement should be removed from segregated
 confinement, such removal shall occur as soon as practicable, and in  no
 event  longer than seventy-two hours from the completion of the adminis-
 trative process.
   6. The department shall ensure that the curriculum for new  correction
 officers,  and  other  new  department  staff who will regularly work in
 programs providing mental health treatment  for  [inmates]  INCARCERATED
 INDIVIDUALS,  shall  include  at least eight hours of training about the
 types and symptoms of mental  illnesses,  the  goals  of  mental  health
 treatment,  the prevention of suicide and training in how to effectively
 and  safely  manage  [inmates]  INCARCERATED  INDIVIDUALS  with   mental
 illness. Such training may be provided by the office of mental health or
 the  justice center for the protection of people with special needs. All
 department staff who are transferring into a residential  mental  health
 treatment unit shall receive a minimum of eight additional hours of such
 training,  and  eight  hours  of annual training as long as they work in
 such a unit. All security, program services, mental health  and  medical
 staff with direct [inmate] INCARCERATED INDIVIDUAL contact shall receive
 training  each year regarding identification of, and care for, [inmates]
 INCARCERATED INDIVIDUALS with mental  illnesses.  The  department  shall
 provide  additional  training  on these topics on an ongoing basis as it
 deems appropriate.
   § 194. Section 401-a of the correction law, as amended by section 6 of
 part A of chapter 501 of the laws of 2012 and subdivision 1  as  amended
 by chapter 126 of the laws of 2014, is amended to read as follows:
   §  401-a.  Oversight  responsibilities  of  the justice center for the
 protection of people with special needs. 1. The justice center  for  the

 A. 2395                            108

 protection  of  people with special needs shall be responsible for moni-
 toring the quality of mental health care provided to [inmates] INCARCER-
 ATED INDIVIDUALS pursuant to article twenty of the  executive  law.  The
 justice center shall have direct and immediate access to all areas where
 state  prisoners  are  housed,  and  to  clinical and department records
 relating to [inmates'] INCARCERATED  INDIVIDUALS'  clinical  conditions.
 The  justice  center  shall maintain the confidentiality of all patient-
 specific information.
   2. The justice center shall monitor the quality of care in residential
 mental health treatment programs and shall ensure compliance with  para-
 graphs (d) and (e) of subdivision six of section one hundred thirty-sev-
 en  of  this  chapter  and section four hundred one of this article. The
 justice center may recommend to the department and the office of  mental
 health that [inmates] INCARCERATED INDIVIDUALS in segregated confinement
 pursuant  to subdivision six of section one hundred thirty-seven of this
 chapter be evaluated for placement in a residential mental health treat-
 ment unit. It may also recommend ways to further the goal  of  diverting
 and  removing  [inmates]  INCARCERATED  INDIVIDUALS  with serious mental
 illness from segregated confinement to residential mental health  treat-
 ment units. The justice center shall include in its annual report to the
 governor  and  the legislature pursuant to section five hundred sixty of
 the executive law, a description of the state's  progress  in  complying
 with this article, which shall be publicly available.
   3. The justice center shall appoint an advisory committee on psychiat-
 ric  correctional  care  ("committee"), which shall be composed of inde-
 pendent mental health experts  and  mental  health  advocates,  and  may
 include family members of former [inmates] INCARCERATED INDIVIDUALS with
 serious  mental  illness. Such committee shall advise the justice center
 on its oversight responsibilities pursuant to this section. The  commit-
 tee  may  also  make  recommendations  to  the  justice center regarding
 improvements to prison-based mental health care. Nothing in this  subdi-
 vision  shall  be  deemed  to authorize members of the committee to have
 access to a correctional or mental hygiene facility or any part of  such
 a  facility.  Provided, however, newly appointed members of the advisory
 committee shall be provided with a tour of a segregated confinement unit
 and a residential mental health  treatment  unit,  as  selected  by  the
 commissioner.  Any  such  tour shall be arranged on a date and at a time
 selected by the commissioner and upon such terms and conditions  as  are
 within the sole discretion of the commissioner.
   §  195.  The  section  heading  and  subdivisions 1, 2, 3, 9 and 13 of
 section 402 of the correction law, the section heading and  subdivisions
 1  and  2  as added by chapter 766 of the laws of 1976, subdivision 3 as
 amended by chapter 789 of the laws of 1985, subdivision 9 as amended  by
 chapter  164 of the laws of 1986, and subdivision 13 as added by chapter
 7 of the laws of 2007, are amended to read as follows:
   Commitment of Mentally ill [inmates]  INCARCERATED  INDIVIDUALS.    1.
 Whenever the physician of any correctional facility, any county peniten-
 tiary,  county  jail  or workhouse, any reformatory for women, or of any
 other correctional institution, shall report in writing  to  the  super-
 intendent that any person undergoing a sentence of imprisonment or adju-
 dicated to be a youthful offender or juvenile delinquent confined there-
 in  is,  in  his OR HER opinion, mentally ill, such superintendent shall
 apply to a judge of the county court or justice of the supreme court  in
 the  county  to  cause  an  examination to be made of such person by two
 examining physicians. Such physicians shall be designated by  the  judge
 to  whom  the  application  is  made. Each such physician, if satisfied,

 A. 2395                            109
 
 after a personal examination, that such [inmate] INCARCERATED INDIVIDUAL
 is mentally ill and in need of care and treatment, shall make a  certif-
 icate to such effect. Before making such certificate, however, he OR SHE
 shall  consider alternative forms of care and treatment available during
 confinement in such correctional facility, penitentiary, jail,  reforma-
 tory  or  correctional institution that might be adequate to provide for
 such [inmate's] INCARCERATED INDIVIDUAL'S needs without requiring hospi-
 talization. If the examining physician knows that the person he  OR  SHE
 is examining has been under prior treatment, he OR SHE shall, insofar as
 possible,  consult  with  the  physician or psychologist furnishing such
 prior treatment prior to making his OR HER certificate.
   2. In the city of New York, if the  physician  of  a  workhouse,  city
 prison,  jail,  penitentiary  or  reformatory  reports in writing to the
 superintendent of such institution that  a  prisoner  confined  therein,
 serving  a  sentence  of imprisonment, is in his OR HER opinion mentally
 ill, the superintendent of said institution shall either  transfer  said
 prisoner  to Bellevue or Kings county hospital for observation as to his
 OR HER mental condition by two examining physicians or shall secure  two
 examining  physicians  to make such examination in his institution. Each
 such physician, if satisfied after a personal examination  and  observa-
 tion  that  the  prisoner is mentally ill and in need of care and treat-
 ment, shall make a  certificate  to  such  effect.  Before  making  such
 certificate, however, he OR SHE shall consider alternative forms of care
 and  treatment available during confinement in such correctional facili-
 ty, penitentiary, jail, reformatory  or  correctional  institution  that
 might  be  adequate to provide for such [inmate's] INCARCERATED INDIVID-
 UAL'S needs without requiring hospitalization. If the  examining  physi-
 cian  knows  that the person he OR SHE is examining has been under prior
 treatment, he OR SHE shall, insofar as possible, consult with the physi-
 cian or psychologist furnishing such prior treatment prior to making his
 OR HER certificate.
   3. Upon such certificates of the examining physicians being  so  made,
 it shall be delivered to the superintendent who shall thereupon apply by
 petition  forthwith  to  a  judge  of the county court or justice of the
 supreme court in the county, annexing such certificate  to  his  OR  HER
 petition,  for an order committing such [inmate] INCARCERATED INDIVIDUAL
 to a hospital for the mentally ill.   Upon every  such  application  for
 such an order of commitment, notice thereof in writing, of at least five
 days,  together  with a copy of the petition, shall be served personally
 upon the alleged mentally ill  person,  and  in  addition  thereto  such
 notice  and a copy of the petition shall be served upon either the wife,
 the husband, the father or mother or  other  nearest  relative  of  such
 alleged  mentally ill person, if there be any such known relative within
 the state; and if not, such notice shall be served upon any known friend
 of such alleged mentally ill person within the state.  If  there  be  no
 such  known  relative  or  friend  within  the state, the giving of such
 notice shall be dispensed with, but in such case the  petition  for  the
 commitment  shall  recite  the  reasons  why service of such notice on a
 relative or friend of the alleged mentally ill person was dispensed with
 and, in such case, the order for commitment shall recite why service  of
 such a notice on a relative or friend of the alleged mentally ill person
 was  dispensed  with. Copies of the notice, the petition and the certif-
 icates of the examining  physicians  shall  also  be  given  the  mental
 hygiene legal service. The mental hygiene legal service shall inform the
 [inmate] INCARCERATED INDIVIDUAL and, in proper cases, others interested
 in  the  [inmate's] INCARCERATED INDIVIDUAL'S welfare, of the procedures

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 for placement in a hospital and of the [inmate's] INCARCERATED  INDIVID-
 UAL'S right to have a hearing, to have judicial review with a right to a
 jury  trial,  to  be  represented  by counsel and to seek an independent
 medical  opinion.  The  mental hygiene legal service shall have personal
 access to such [inmate] INCARCERATED INDIVIDUAL for such purposes.
   9. Except as provided in subdivision two OF THIS SECTION pertaining to
 prisoners confined in the city of New  York,  an  [inmate]  INCARCERATED
 INDIVIDUAL  of  a correctional facility or a county jail may be admitted
 on an emergency basis to the Central New York  Psychiatric  Center  upon
 the  certification  by  two  examining  physicians, including physicians
 employed by the office of mental health and associated with the  correc-
 tional  facility  in  which  such  [inmate]  INCARCERATED  INDIVIDUAL is
 confined, that the  [inmate]  INCARCERATED  INDIVIDUAL  suffers  from  a
 mental  illness  which  is  likely to result in serious harm to himself,
 HERSELF or others as defined in subdivision (a) of section 9.39  of  the
 mental  hygiene  law.  Any person so committed shall be delivered by the
 superintendent within a twenty-four hour period, to the director of  the
 appropriate  hospital  as designated in the rules and regulations of the
 office of mental health. Upon delivery of  such  person  to  a  hospital
 operated by the office of mental health, a proceeding under this section
 shall immediately be commenced.
   13.  Notwithstanding  any  provision  of  law to the contrary, when an
 [inmate] INCARCERATED INDIVIDUAL is being examined  in  anticipation  of
 his  or  her conditional release, release to parole supervision, or when
 his or her sentence to a term of imprisonment expires, the provisions of
 subdivision one of section four hundred four of this  article  shall  be
 applicable  and  such commitment shall be effectuated in accordance with
 the provisions of article nine or ten of  the  mental  hygiene  law,  as
 appropriate.
   §  196.  Section 403 of the correction law, as added by chapter 766 of
 the laws of 1976, is amended to read as follows:
   § 403. Department or superintendent to provide  certain  records.  The
 department  or  superintendent shall furnish to the department of mental
 hygiene a copy of the health and  psychiatric  records  and  a  sentence
 calculation for each [inmate] INCARCERATED INDIVIDUAL placed in a hospi-
 tal.  The sentence calculation shall include the maximum expiration date
 and tentative conditional release date and  the  parole  eligibility  or
 release  consideration  hearing date. Such records shall be furnished to
 the director of the hospital upon delivery of the [inmate]  INCARCERATED
 INDIVIDUAL.
   §  197.  Section 404 of the correction law, as added by chapter 766 of
 the laws of 1976, subdivision 1 as amended by chapter 7 of the  laws  of
 2007,  subdivision  3  as  added  by  chapter 1 of the laws of 2013, and
 subdivision 4 as added by chapter 548 of the laws of 2014, is amended to
 read as follows:
   § 404. Disposition of mentally ill [inmates] INCARCERATED  INDIVIDUALS
 upon  release to parole, conditional release, or expiration of sentence.
 1. Whenever an [inmate] INCARCERATED INDIVIDUAL committed to a  hospital
 in the department of mental hygiene or whenever an [inmate] INCARCERATED
 INDIVIDUAL  is  examined  in  anticipation  of  his  or  her conditional
 release, release to parole supervision, or when his or her sentence to a
 term of imprisonment expires and such [inmate]  INCARCERATED  INDIVIDUAL
 shall  continue  to be mentally ill and in need of care and treatment at
 the time of his or her conditional release,  release  to  parole  super-
 vision,  or  when his or her sentence to a term of imprisonment expires,
 the director of the hospital or the  superintendent  of  a  correctional

 A. 2395                            111
 
 facility may apply for the person's admission to a hospital for the care
 and  treatment  of  the mentally ill in the department of mental hygiene
 pursuant to article nine of the mental hygiene  law,  or  alternatively,
 the commissioner may apply for the person's admission to a secure treat-
 ment facility pursuant to article ten of the mental hygiene law.
   2.  The director may discharge any [inmate] INCARCERATED INDIVIDUAL at
 the expiration of the term for which he OR  SHE  was  sentenced  who  is
 still  mentally ill, but who, in the opinion of the director, is reason-
 ably safe to be at large. Such discharged [inmate] INCARCERATED INDIVID-
 UAL shall be entitled to suitable clothing  adapted  to  the  season  in
 which  he  OR SHE is discharged, and if it cannot be otherwise obtained,
 the business officer, or other officer having like  duties  shall,  upon
 the  order of the director, or of the commissioner of mental hygiene, as
 the case may be, furnish the same, and money in an amount to be fixed by
 such commissioner with the approval of the director of  the  budget,  to
 defray  his  OR  HER expenses until he OR SHE can reach his OR HER rela-
 tives or friends, or find employment to earn a subsistence.
   3. Within a reasonable period prior to discharge of an [inmate] INCAR-
 CERATED INDIVIDUAL committed from a state correctional facility  from  a
 hospital  in  the  department  of  mental  hygiene to the community, the
 director shall ensure that a clinical assessment has been  completed  to
 determine  whether the [inmate] INCARCERATED INDIVIDUAL meets the crite-
 ria for assisted outpatient treatment pursuant  to  subdivision  (c)  of
 section  9.60 of the mental hygiene law. If, as a result of such assess-
 ment, the director determines that the [inmate] INCARCERATED  INDIVIDUAL
 meets  such  criteria,  prior  to discharge the director of the hospital
 shall either petition for a court order pursuant to section 9.60 of  the
 mental  hygiene  law,  or report in writing to the director of community
 services of the local governmental unit in which the [inmate]  INCARCER-
 ATED  INDIVIDUAL  is  expected to reside so that an investigation may be
 conducted pursuant to section 9.47 of the mental hygiene law.
   4. Every [inmate] INCARCERATED  INDIVIDUAL  who  has  received  mental
 health  treatment  pursuant to this article within three years of his or
 her anticipated release date from a state correctional facility shall be
 provided with mental health discharge planning and, when  necessary,  an
 appointment  with  a mental health professional in the community who can
 prescribe medications following discharge and sufficient  mental  health
 medications and prescriptions to bridge the period between discharge and
 such  time  as  such  mental  health professional may assume care of the
 patient. [Inmates] INCARCERATED  INDIVIDUALS  who  have  refused  mental
 health  treatment  may also be provided mental health discharge planning
 and any necessary appointment with a mental health professional.
   § 198. The opening paragraph of paragraph (a), subparagraphs 4  and  8
 of  paragraph  (b) and subparagraph 2 of paragraph (c) of subdivision 7,
 the opening paragraph of paragraph (c)  and  the  closing  paragraph  of
 subdivision 8, the opening paragraph of subdivision 9 and subdivision 13
 of  section  500-b of the correction law, subparagraphs 4 and 8 of para-
 graph (b) of subdivision 7 and the opening paragraph of paragraph (c) of
 subdivision 8 as added by chapter 907 of the laws of 1984,  the  opening
 paragraph of paragraph (a) and subparagraph 2 of paragraph (c) of subdi-
 vision  7,  the closing paragraph of subdivision 8 and the opening para-
 graph of subdivision 9 as amended by chapter 574 of the  laws  of  1985,
 and  subdivision  13  as amended by section 3 of part M of chapter 55 of
 the laws of 2014, are amended to read as follows:
   Consistent with the commission's rules and regulations  regarding  the
 assignment  of  [inmates] INCARCERATED INDIVIDUALS to housing units, the

 A. 2395                            112
 
 chief administrative officer shall exercise good judgment and discretion
 and shall take all reasonable steps to ensure  that  the  assignment  of
 persons to facility housing units:
   (4)  prior  history  of  a  hostile relationship with another [inmate]
 INCARCERATED INDIVIDUAL;
   (8) any other information concerning the  safety  or  welfare  of  the
 [inmate] INCARCERATED INDIVIDUAL.
   (2) determinations made upon an interview with an [inmate] INCARCERAT-
 ED INDIVIDUAL at the time of classification;
   where  it  is  determined  that  the  county does not have an approved
 service plan in effect pursuant to article thirteen-A of  the  executive
 law  or  is  found  to  be  in  non-compliance therewith, as provided in
 section two hundred sixty-three of  such  law,  it  shall  prohibit  the
 commingling of any of the following categories of [inmates] INCARCERATED
 INDIVIDUALS:
   Notwithstanding  the  provisions  of this subdivision to the contrary,
 classification as authorized pursuant to this section may occur  without
 compliance  with paragraphs (b) and (c) of this subdivision for a period
 not to exceed six months immediately following the submission of a  plan
 to  the division pursuant to section two hundred sixty-two of the execu-
 tive law. During such six month period the commission shall undertake to
 review, observe and assess the classification of [inmates]  INCARCERATED
 INDIVIDUALS  in  local  correctional facilities as authorized under this
 section to thereby ascertain safeguards which should be incorporated  in
 its  rules  and  regulations.  Further,  during such six month period in
 which such classification shall be permitted pursuant to  this  subdivi-
 sion, the commission shall evaluate whether a local correctional facili-
 ty  is in substantial noncompliance with rules and regulations regarding
 the requirements specified in paragraphs (a), (b) and (c) of this subdi-
 vision and shall determine at the end of such six month  period  whether
 substantial  noncompliance  exists.  At  the expiration of the six month
 period if the commission finds a local facility in  substantial  noncom-
 pliance,  the  commission  shall order that the prohibition set forth in
 this subdivision immediately take effect. The commissioner shall  advise
 the chief administrative officer of such facility of the specific nature
 of the noncompliance and the specific measures which should be undertak-
 en  to  remedy  the  noncompliance.  When such measures have been imple-
 mented, the chief administrative  officer  shall  certify  same  to  the
 commissioner  and  upon  the  verification  thereof by the commissioner,
 shall permit the chief  administrative  officer  to  classify  [inmates]
 INCARCERATED  INDIVIDUALS  as  provided under this section. In the event
 substantial noncompliance is not found at  the  expiration  of  the  six
 month period, then the local correctional facility may continue to clas-
 sify [inmates] INCARCERATED INDIVIDUALS as authorized in this section.
   The  chief  administrative  officer  shall forward to the commission a
 quarterly report relative to the housing of [inmates] INCARCERATED INDI-
 VIDUALS. The report shall include, but not be limited to:
   13. Where in the opinion of the chief administrative officer an  emer-
 gency  overcrowding  condition  exists  in a local correctional facility
 caused in part by the prohibition against  the  commingling  of  persons
 under  eighteen years of age with persons eighteen years of age or older
 or the commingling of persons  eighteen  years  of  age  or  older  with
 persons  under  eighteen  years of age, the chief administrative officer
 may apply to the commission for permission to  commingle  the  aforemen-
 tioned categories of [inmates] INCARCERATED INDIVIDUALS for a period not
 to  exceed thirty days as provided herein. The commission shall acknowl-

 A. 2395                            113
 
 edge to the chief administrative officer the receipt of such application
 upon its receipt. The chief administrative officer shall be permitted to
 commingle such [inmates] INCARCERATED INDIVIDUALS upon acknowledgment of
 receipt  of  the  application  by  the  commission. The commission shall
 assess the application within seven  days  of  receipt.  The  commission
 shall deny any such application and shall prohibit the continued commin-
 gling of such [inmates] INCARCERATED INDIVIDUALS where it has found that
 the  local correctional facility does not meet the criteria set forth in
 this subdivision and further is in substantial noncompliance with  mini-
 mum  staffing  requirements  as  provided  in commission rules and regu-
 lations. In addition, the commission shall determine whether the commin-
 gling of such [inmates] INCARCERATED INDIVIDUALS presents  a  danger  to
 the health, safety or welfare of any such [inmate] INCARCERATED INDIVID-
 UAL.  If  no  such  danger  exists  the chief administrative officer may
 continue the commingling until  the  expiration  of  the  aforementioned
 thirty  day  period  or until such time as he OR SHE determines that the
 overcrowding which necessitated the commingling no longer exists, which-
 ever occurs first. In the event  the  commission  determines  that  such
 danger  exists,  it  shall  immediately  notify the chief administrative
 officer, and the commingling of such [inmates] INCARCERATED  INDIVIDUALS
 shall  cease.  Such  notification  shall include specific measures which
 should be undertaken by the chief  administrative  officer,  to  correct
 such  dangers. The chief administrative officer may correct such dangers
 and reapply to the commission for permission to commingle;  however,  no
 commingling  may  take place until such time as the commission certifies
 that the facility is now in compliance with the measures  set  forth  in
 the  notification  under  this  subdivision. When such certification has
 been received by the chief administrative officer, the  commingling  may
 continue  for thirty days, less any time during which the chief adminis-
 trative  officer  commingled  such  [inmates]  INCARCERATED  INDIVIDUALS
 following  his  OR HER application to the commission, or until such time
 as he determines that the overcrowding which  necessitated  the  commin-
 gling no longer exists, whichever occurs first. The chief administrative
 officer may apply for permission to commingle such [inmates] INCARCERAT-
 ED INDIVIDUALS for up to two additional thirty day periods, in conformi-
 ty  with  the  provisions and the requirements of this subdivision, in a
 given calendar year. For the period ending December thirtieth,  nineteen
 hundred  eighty-four,  a locality may not apply for more than one thirty
 day commingling period.
   § 199. Subdivisions 7 and 8 of section 500-c of the correction law, as
 amended by section 43 of part A-1 of chapter 56 of the laws of 2010, are
 amended to read as follows:
   7. A sheriff, the New York city commissioner  of  correction,  or  the
 Westchester county commissioner of correction, as the case may be, shall
 maintain  an  institutional  fund  account  on  behalf of every lawfully
 sentenced [inmate] INCARCERATED INDIVIDUAL or prisoner  in  his  OR  HER
 custody  and shall for the benefit of the person make deposits into said
 accounts of any prisoner funds. As used in this section, the term "pris-
 oner funds" means (i) funds in the possession of  the  prisoner  at  the
 time  of admission into the institution; (ii) funds earned by a prisoner
 as provided in section one hundred eighty-seven  of  this  chapter;  and
 (iii)  any  other  funds  received  by  or on behalf of the prisoner and
 deposited with such sheriff or municipal official in accordance with the
 written procedures established by the  commission.  Whenever  the  total
 value of unencumbered funds in a prisoner's account exceeds ten thousand

 A. 2395                            114
 
 dollars,  such  sheriff  or  official  shall  give written notice to the
 office of victim services.
   8.  A  sheriff,  the  New York city commissioner of correction, or the
 Westchester county commissioner of correction, as the case may be, shall
 provide written notice to all [inmates] INCARCERATED INDIVIDUALS serving
 a definite sentence for a specified crime defined in  paragraph  (e)  of
 subdivision one of section six hundred thirty-two-a of the executive law
 who  may be subject to any requirement to report to the office of victim
 services any funds of a convicted  person  as  defined  in  section  six
 hundred  thirty-two-a  of  the  executive  law,  the procedures for such
 reporting and any potential penalty for a failure to comply.
   § 200. Subdivision 3 of  section  500-d  of  the  correction  law,  as
 amended  by  chapter  256  of  the  laws  of 2010, is amended to read as
 follows:
   (3) Such keeper may, with the consent of the board of  supervisors  of
 the  county,  or  the county judge, from time to time, cause such of the
 convicts under his OR HER charge as are capable of  hard  labor,  to  be
 employed  outside  of  the  jail in the same, or in an adjoining county,
 upon such terms as may be agreed upon between the keepers and the  offi-
 cers,  or  persons, under whose direction such convicts shall be placed,
 subject to such regulations as the board or judge may prescribe; and the
 board of supervisors of the several counties are  authorized  to  employ
 convicts  under sentence to confinement in the county jails, in building
 and repairing penal institutions of  the  county  and  in  building  and
 repairing  the highways in their respective counties or in preparing the
 materials for such highways for sale to and for the use  of  the  state,
 counties,  towns, villages or cities, and in cutting wood and performing
 other work which is commonly carried on at a prison camp,  and  to  make
 rules and regulations for their employment; and the said board of super-
 visors are hereby authorized to cause money to be raised by taxation for
 the  purpose  of  furnishing  materials and carrying this provision into
 effect; and the courts of this state are hereby authorized  to  sentence
 convicts  committed  to detention in the county jails to such hard labor
 as may be provided for them by the boards of supervisors.  This  section
 as  amended  shall  not  affect  a county wholly included within a city.
 Notwithstanding any other provision of  law,  an  [inmate]  INCARCERATED
 INDIVIDUAL  may  be  permitted  to  leave the institution under guard to
 voluntarily perform work for a nonprofit organization pursuant  to  this
 subdivision.  As used in this section, the term "nonprofit organization"
 means an organization operated exclusively for religious, charitable, or
 educational purposes, no part of the net earnings of which inures to the
 benefit of any private shareholder or individual.
   § 201. Section 500-h of the correction law, as added by chapter 481 of
 the laws of 1991, is amended to read as follows:
   § 500-h. Payment of costs for medical and dental services. 1.    Diag-
 noses,  tests,  studies  or  analyses  for the diagnosis of a disease or
 disability, and care and treatment by a hospital, as defined in  article
 twenty-eight  of  the  public  health  law,  or  by a physician, or by a
 dentist to [inmates] INCARCERATED INDIVIDUALS of  a  local  correctional
 facility which are provided by a county or the city of New York shall be
 available  without cost or charge to the [inmates] INCARCERATED INDIVID-
 UALS receiving such examinations, care or treatment.
   2. Notwithstanding the provisions of subdivision one of this  section,
 any  county or the city of New York may, by local law, provide that such
 entity may be reimbursed for costs paid pursuant to subdivision  one  of
 this section from any third party coverage or indemnification carried by

 A. 2395                            115

 an  [inmate]  INCARCERATED  INDIVIDUAL.    Such  third party coverage or
 indemnification shall first be applied against the  total  cost  to  the
 hospital  or  other  provider  as  established  in  accordance  with the
 provisions  of  section  twenty-eight hundred seven of the public health
 law relating to rates of payment of an individual's care and  treatment,
 as provided herein.
   § 202. Section 500-k of the correction law, as amended by chapter 2 of
 the laws of 2008, is amended to read as follows:
   § 500-k. Treatment of [inmates] INCARCERATED INDIVIDUALS. Subdivisions
 five and six of section one hundred thirty-seven of this chapter, except
 paragraphs  (d)  and (e) of subdivision six of such section, relating to
 the treatment of [inmates] INCARCERATED INDIVIDUALS in state correction-
 al facilities  are  applicable  to  [inmates]  INCARCERATED  INDIVIDUALS
 confined  in  county jails; except that the report required by paragraph
 (f) of subdivision six of such section shall be made to a person  desig-
 nated  to  receive such report in the rules and regulations of the state
 commission of correction, or in any county or  city  where  there  is  a
 department of correction, to the head of such department.
   §  203.  The section heading and subdivision 2 of section 500-o of the
 correction law, as added by chapter 573 of the laws of 2011, are amended
 to read as follows:
   Agreements for custody  of  [inmates]  INCARCERATED  INDIVIDUALS  from
 other states.
   2.  [Inmates]  INCARCERATED  INDIVIDUALS  who  are confined in a local
 correctional facility pursuant to an agreement under this section  shall
 be  dealt with in all respects in the same manner as [inmates] INCARCER-
 ATED INDIVIDUALS committed to the custody of a local correctional facil-
 ity pursuant to  paragraph  (e)  OF  SUBDIVISION  ONE  of  section  five
 hundred-a  of this article. All rules and regulations promulgated by the
 commission regarding the treatment of [inmates] INCARCERATED INDIVIDUALS
 confined in  a  local  correctional  facility  shall  be  applicable  to
 [inmates] INCARCERATED INDIVIDUALS confined pursuant to this section. An
 [inmate] INCARCERATED INDIVIDUAL confined in a local correctional facil-
 ity pursuant to an agreement under this section shall not be deprived of
 any  legal rights which such [inmate] INCARCERATED INDIVIDUAL would have
 had if confined in a correctional institution  in  the  jurisdiction  in
 which he or she was convicted.
   § 204. Subdivision 2 of section 501 of the correction law, as added by
 chapter 122 of the laws of 2017, is amended to read as follows:
   2.  Notwithstanding subdivision one of this section, a county board of
 supervisors may instead procure the services of a professional  partner-
 ship, a professional service corporation, a professional service limited
 liability  company  or  a  registered  limited  liability  company, duly
 authorized to practice medicine in the state, for the purpose of provid-
 ing health services to the [inmates]  INCARCERATED  INDIVIDUALS  of  the
 jail,  provided  that  one physician from any such professional partner-
 ship, professional services corporation,  professional  service  limited
 liability  company  or  registered  limited  liability  company shall be
 designated by the board to act as the chief medical officer of the jail.
   § 205. Subdivisions 1 and 2 of section  504  of  the  correction  law,
 subdivision 1 as amended by chapter 305 of the laws of 2019 and subdivi-
 sion  2 as amended by section 28 of subpart B of part C of chapter 62 of
 the laws of 2011, are amended to read as follows:
   1. (a) If there is no jail in a county, or the jail becomes  unfit  or
 unsafe  for the confinement of some or all of the [inmates] INCARCERATED
 INDIVIDUALS, civil or criminal, or is destroyed by fire or otherwise, or

 A. 2395                            116

 if a pestilential disease breaks out in the jail or in the  vicinity  of
 the  jail  and  the physician to the jail certifies that it is likely to
 endanger the health of any or all of the [inmates] INCARCERATED INDIVID-
 UALS  in the jail, the state commission of correction, upon application,
 must, by an instrument in writing, filed with the clerk of  the  county,
 designate  another  suitable place within the county, or the jail of any
 other county, for the confinement of some or all of the [inmates] INCAR-
 CERATED INDIVIDUALS, as the case requires. The place so designated ther-
 eupon  becomes,  to  all  intents  and  purposes,  except  as  otherwise
 prescribed in this article, the jail of the county for which it has been
 so  designated, and the purposes expressed in the instrument designating
 the same. The designation may be amended, modified  or  revoked  by  the
 state  commission  of  correction  by a subsequent instrument in writing
 filed with the clerk of the county.
   (b) If transfer to the jail of  another  county  would  allow  for  an
 [inmate's]   INCARCERATED   INDIVIDUAL'S   participation  in  beneficial
 programming, the state commission of correction,  upon  application  and
 the  consent  of  such [inmate] INCARCERATED INDIVIDUAL and any involved
 sheriff, may, by an instrument in writing, filed with the clerk  of  the
 county,  designate the jail of such other county, for the confinement of
 such [inmate] INCARCERATED INDIVIDUAL, as the case requires. The jail so
 designated thereupon becomes, to all intents  and  purposes,  except  as
 otherwise  prescribed  in this article, the jail of the county for which
 it has been so designated, and the purposes expressed in the  instrument
 designating  the  same.  The  designation  may  be  amended, modified or
 revoked by the state commission of correction by a subsequent instrument
 in writing filed with the clerk of the county.
   2. Where the jail in a county becomes unfit or unsafe for the confine-
 ment of some or all of the [inmates] INCARCERATED INDIVIDUALS due to  an
 [inmate]  INCARCERATED  INDIVIDUAL  disturbance  or  other extraordinary
 circumstances, including but not limited to a natural disaster, unantic-
 ipated deficiencies in the structural integrity of  a  facility  or  the
 inability to provide one or more [inmates] INCARCERATED INDIVIDUALS with
 essential services such as medical care, upon the request of the munici-
 pal  official  as  defined  in subdivision four of section forty of this
 chapter and no other suitable place within the county nor  the  jail  of
 any  other  county  is immediately available to house some or all of the
 [inmates] INCARCERATED INDIVIDUALS, the commissioner of corrections  and
 community  supervision  may,  in his or her sole discretion, make avail-
 able, upon such terms and conditions as he or she may deem  appropriate,
 all  or any part of a state correctional institution for the confinement
 of some or all of such [inmates] INCARCERATED INDIVIDUALS as an  adjunct
 to  the  county jail for a period not to exceed thirty days. However, if
 the county jail remains unfit or unsafe for the confinement of  some  or
 all  of  such [inmates] INCARCERATED INDIVIDUALS beyond thirty days, the
 state commission of correction, with the consent of the commissioner  of
 corrections  and community supervision, may extend the availability of a
 state correctional institution for one or  more  additional  thirty  day
 periods.  The  state commission of correction shall promulgate rules and
 regulations governing the temporary transfer of  [inmates]  INCARCERATED
 INDIVIDUALS  to  state  correctional  institutions  from  county  jails,
 including  but  not  limited  to  provisions  for  confinement  of  such
 [inmates] INCARCERATED INDIVIDUALS in the nearest correctional facility,
 to the maximum extent practicable, taking into account necessary securi-
 ty.  The  commissioner  of corrections and community supervision may, in
 his or her sole  discretion,  based  on  standards  promulgated  by  the

 A. 2395                            117
 
 department, determine whether a county shall reimburse the state for any
 or all of the actual costs of confinement as approved by the director of
 the  division of the budget.  On or before the expiration of each thirty
 day  period, the state commission of correction must make an appropriate
 designation pursuant to subdivision one OF THIS SECTION  if  the  county
 jail  remains  unfit or unsafe for the confinement of some or all of the
 [inmates] INCARCERATED INDIVIDUALS and consent to the  continued  avail-
 ability of a state correctional institution as required for herein.  The
 superintendence, management and control of a state correctional institu-
 tion  or  part  thereof made available pursuant hereto and the [inmates]
 INCARCERATED INDIVIDUALS housed therein shall  be  as  directed  by  the
 commissioner of corrections and community supervision.
   §  206.  Subdivisions 1, 3 and 4 of section 505 of the correction law,
 as added by chapter 437 of the laws of 2013,  are  amended  to  read  as
 follows:
   1.  Where  an [inmate] INCARCERATED INDIVIDUAL who is not yet eighteen
 years of age has been committed to the custody of the sheriff  or  other
 person in charge of a local correctional facility and no medical consent
 has  been  obtained  prior  to commitment, the commitment order shall be
 deemed to grant to the minor the capacity to consent to routine medical,
 dental and mental health services and treatment to himself or herself.
   3. (a) At any time prior to the date the [inmate]  INCARCERATED  INDI-
 VIDUAL  becomes eighteen years of age, the [inmate's] INCARCERATED INDI-
 VIDUAL'S parent or legal guardian may institute legal proceedings pursu-
 ant to section 70.20 of the penal law  objecting  to  the  provision  of
 routine  medical,  dental  or mental health services and treatment being
 provided to the [inmate] INCARCERATED INDIVIDUAL.
   (b) A notice of motion shall be served on  the  [inmate]  INCARCERATED
 INDIVIDUAL  and  the  sheriff  or  other  person  in charge of the local
 correctional facility not less than seven days prior to the return  date
 of  the  motion. The person on whom the notice of motion is served shall
 answer the motion not less than two days  before  the  return  date.  On
 examining  the  motion  and answer and, in its discretion, after hearing
 argument, the court shall  enter  an  order,  granting  or  denying  the
 motion.
   4.  Nothing  in  this  section shall preclude an [inmate] INCARCERATED
 INDIVIDUAL from consenting on his or her  own  behalf  to  any  medical,
 dental  or  mental health services and treatment where otherwise author-
 ized by law to do so.
   § 207. Subdivision 1 and paragraph a of subdivision 2 of  section  508
 of  the  correction  law, as amended by chapter 196 of the laws of 2017,
 are amended to read as follows:
   1. A sheriff, in his or her discretion, may by  written  order  permit
 [inmates]  INCARCERATED  INDIVIDUALS  confined  in  a local correctional
 facility to receive medical diagnosis and treatment  in  outside  hospi-
 tals,  upon  the determination that such outside treatment and diagnosis
 is necessary by reason of inadequate facilities within the local correc-
 tional facility. Such [inmates] INCARCERATED  INDIVIDUALS  shall  remain
 under  the  jurisdiction  and  in the custody of said sheriff while in a
 hospital, other than a secure facility, as such term is defined in para-
 graph b of subdivision two of  this  section,  and  said  sheriff  shall
 enforce  proper  measures in each case to safely maintain such jurisdic-
 tion and custody.
   a. If a physician to a jail or in case of a vacancy a physician acting
 as such and the warden or jailer certify  in  writing  that  a  prisoner
 confined  in  a jail, either in a civil cause or upon a criminal charge,

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 is in such a state of mental health that he or she is in need of  invol-
 untary  care  and  treatment and in their opinion should be removed to a
 psychiatric hospital for treatment, the warden  or  jailer  shall  imme-
 diately  notify  the  director  who  shall  have  the responsibility for
 providing treatment for such prisoner. If such director  after  examina-
 tion  of the prisoner by an examining physician designated by him or her
 shall determine that such prisoner is in need of  involuntary  care  and
 treatment,  the  director  shall file an application for the involuntary
 hospitalization of such prisoner pursuant to article nine of the  mental
 hygiene  law in a hospital or secure facility, as defined in paragraph b
 of this subdivision, operated by the office of mental health or  in  the
 case  of  a  prisoner confined in a jail in a city or county which main-
 tains or operates a general hospital  containing  a  psychiatric  prison
 ward  approved  by  the  office of mental health to such prison ward for
 care and treatment or to any other psychiatric hospital if  such  prison
 ward  is  filled to capacity. Such application shall be supported by the
 certificate of two physicians in accordance  with  the  requirements  of
 section 9.27 of the mental hygiene law and thereupon such prisoner shall
 be  admitted  forthwith to the hospital or secure facility in which such
 application is filed, and the  procedures  of  the  mental  hygiene  law
 governing  the  hospitalization  of  such prisoner. The jailer or warden
 having custody of the prisoner shall deliver the prisoner to the  hospi-
 tal  or  secure  facility with which the director has filed the applica-
 tion. If such jailer or warden shall certify that such  prisoner  has  a
 mental  illness  which  is  likely to result in serious harm to himself,
 HERSELF or others and for which care in a psychiatric hospital is appro-
 priate such jailer or warden shall effect the admission of such prisoner
 to a hospital or  secure  facility  forthwith  in  accordance  with  the
 provisions  of  section  9.37  or 9.39 of the mental hygiene law and the
 hospital shall admit such prisoner.  Upon  admission  of  the  prisoner,
 pursuant  to  section 9.37 or 9.39 of the mental hygiene law, the jailer
 or warden shall notify the director, the prisoner's attorney, and his or
 her family, where information about the family is available.  While  the
 prisoner  is  in  the  hospital, other than a secure facility, he or she
 shall remain in the custody under sufficient  guard  of  the  jailer  or
 warden in charge of the jail from which he or she came. When the prison-
 er is in a secure facility, the jailer or warden may transfer custody of
 the  [inmate]  INCARCERATED  INDIVIDUAL  to  the  commissioner of mental
 health, pursuant to an agreement between such jailer or warden and  such
 commissioner.  A prisoner admitted to a psychiatric hospital pursuant to
 section 9.27, 9.37 or 9.39 of the mental hygiene law may be retained  at
 the hospital or secure facility pursuant to the provisions of the mental
 hygiene  law  until  he  or  she has improved sufficiently in his or her
 mental illness so that hospitalization is no longer necessary  or  until
 ordered  by  the  court to be returned to the jail whichever comes first
 and in either event, the prisoner shall thereupon be returned  to  jail.
 The  cost of the care and treatment of such prisoners in the hospital or
 secure facility shall be defrayed in accordance with the  provisions  of
 the mental hygiene law in such cases provided.
   From  the  time  of  admission  of a prisoner to a hospital under this
 section the retention of such prisoner for care and treatment  shall  be
 subject  to  the  provisions  for  notice,  hearing, review and judicial
 approval of continued retention  or  transfer  and  continued  retention
 provided by article nine of the mental hygiene law for the admission and
 retention of involuntary patients.

 A. 2395                            119
 
   § 208. Section 509 of the correction law, as amended by chapter 419 of
 the laws of 1989, is amended to read as follows:
   §  509.  Absence  of  [inmate] INCARCERATED INDIVIDUAL for funeral and
 deathbed visits. The sheriff of a local correctional facility or his  OR
 HER designee may permit any [inmate] INCARCERATED INDIVIDUAL confined in
 his  OR  HER local correctional facility to attend the funeral of his or
 her father, mother, guardian or former guardian, child, brother, sister,
 husband, wife, grandparent, grandchild,  ancestral  uncle  or  ancestral
 aunt  within  the  state,  or to visit such individual during his or her
 illness if death be imminent; but the exercise of such  power  shall  be
 subject to such rules and regulations as the commission shall prescribe,
 respecting the granting of such permission, duration of absence from the
 institution,  custody, transportation and care of the [inmate] INCARCER-
 ATED INDIVIDUAL, and guarding against escape.
   § 209. The section heading, subdivisions (a), (b) and (e)  of  section
 601  of  the  correction law, the section heading and subdivision (b) as
 amended by chapter 39 of the laws of 1977, subdivision (a) as amended by
 section 5 of chapter 177 of the laws of 2011,  and  subdivision  (e)  as
 added  by  section  2  of  part D of chapter 56 of the laws of 2008, are
 amended to read as follows:
   Delivery of commitment with [inmate] INCARCERATED INDIVIDUAL;  payment
 of fees for transportation.
   (a) Whenever an [inmate] INCARCERATED INDIVIDUAL shall be delivered to
 the superintendent of a state correctional facility pursuant to an inde-
 terminate  or  determinate  sentence,  the  officer  so  delivering such
 [inmate] INCARCERATED INDIVIDUAL shall deliver to  such  superintendent,
 the sentence and commitment or certificate of conviction, or a certified
 copy  thereof, and a copy of any order of protection pursuant to section
 380.65 of the criminal procedure law received by such officer  from  the
 clerk  of the court by which such [inmate] INCARCERATED INDIVIDUAL shall
 have been sentenced, a copy of the report  of  the  probation  officer's
 investigation  and  report  or  a  detailed statement covering the facts
 relative to the crime and previous history  certified  by  the  district
 attorney, a copy of the [inmate's] INCARCERATED INDIVIDUAL'S fingerprint
 records,  a  detailed  summary of available medical records, psychiatric
 records and  reports  relating  to  assaults,  or  other  violent  acts,
 attempts  at  suicide  or escape by the [inmate] INCARCERATED INDIVIDUAL
 while in the custody  of  the  local  correctional  facility;  any  such
 medical  or  psychiatric  records  in  the  possession  of a health care
 provider other than the local correctional facility shall be  summarized
 in  detail  and  forwarded  by  such health care provider to the medical
 director of the appropriate state correctional  facility  upon  request;
 the  superintendent  shall  present to such officer a certificate of the
 delivery of such [inmate] INCARCERATED INDIVIDUAL, and the fees of  such
 officer  for transporting such [inmate] INCARCERATED INDIVIDUAL shall be
 paid from the treasury upon the audit and warrant  of  the  comptroller.
 Whenever  an  [inmate] INCARCERATED INDIVIDUAL of the state is delivered
 to a local facility, the superintendent shall forward summaries of  such
 records to the local facility with the [inmate] INCARCERATED INDIVIDUAL.
   (b)  Whenever  an  [inmate]  INCARCERATED INDIVIDUAL is sentenced by a
 court of this state to  an  indeterminate  sentence,  but  the  [inmate]
 INCARCERATED INDIVIDUAL is immediately returned to a correctional facil-
 ity  under  the  jurisdiction of the United States or of a sister state,
 the clerk of the court shall immediately send to the commissioner of the
 department a certified copy of the sentence, a  copy  of  the  probation

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 report and a copy of the fingerprint records of the [inmate] INCARCERAT-
 ED INDIVIDUAL.
   (e) A copy of any order of protection issued by any court against such
 [inmate] INCARCERATED INDIVIDUAL pursuant to article five hundred thirty
 of  the  criminal procedure law or article eight of the family court act
 at the time of sentencing or which thereafter be issued shall  accompany
 any commitment.
   §  209-a.  Subdivisions  (a)  and (b) of section 601 of the correction
 law, subdivision (a) as amended by section 6 of chapter 177 of the  laws
 of  2011  and  subdivision  (b) as amended by chapter 738 of the laws of
 2004, are amended to read as follows:
   (a) Whenever an [inmate] INCARCERATED INDIVIDUAL shall be delivered to
 the superintendent of a state correctional facility pursuant to an inde-
 terminate or  determinate  sentence,  the  officer  so  delivering  such
 [inmate]  INCARCERATED  INDIVIDUAL shall deliver to such superintendent,
 the sentence and commitment or certificate of conviction, or a certified
 copy thereof, and a copy of any order of protection pursuant to  section
 380.65  OF  THE CRIMINAL PROCEDURE LAW received by such officer from the
 clerk of the court by which such [inmate] INCARCERATED INDIVIDUAL  shall
 have  been  sentenced,  a  copy of the report of the probation officer's
 investigation and report or a  detailed  statement  covering  the  facts
 relative  to  the  crime  and previous history certified by the district
 attorney, a copy of the [inmate's] INCARCERATED INDIVIDUAL'S fingerprint
 records, a detailed summary of available  medical  records,  psychiatric
 records  and  reports  relating  to  assaults,  or  other  violent acts,
 attempts at suicide or escape by the  [inmate]  INCARCERATED  INDIVIDUAL
 while  in  the  custody  of  the  local  correctional facility; any such
 medical or psychiatric records  in  the  possession  of  a  health  care
 provider  other than the local correctional facility shall be summarized
 in detail and forwarded by such health  care  provider  to  the  medical
 director  of  the  appropriate state correctional facility upon request;
 the superintendent shall present to such officer a  certificate  of  the
 delivery  of such [inmate] INCARCERATED INDIVIDUAL, and the fees of such
 officer for transporting such [inmate] INCARCERATED INDIVIDUAL shall  be
 paid  from  the  treasury upon the audit and warrant of the comptroller.
 Whenever an [inmate] INCARCERATED INDIVIDUAL of the state  is  delivered
 to  a local facility, the superintendent shall forward summaries of such
 records to the local facility with the [inmate] INCARCERATED INDIVIDUAL.
   (b) Whenever an [inmate] INCARCERATED INDIVIDUAL  is  sentenced  by  a
 court of this state to an indeterminate or determinate sentence, but the
 [inmate]  INCARCERATED  INDIVIDUAL  is immediately returned to a correc-
 tional facility under the jurisdiction of the  United  States  or  of  a
 sister  state,  the  clerk  of  the  court shall immediately send to the
 commissioner of the department a certified copy of the sentence, a  copy
 of  the  probation  report  and a copy of the fingerprint records of the
 [inmate] INCARCERATED INDIVIDUAL.
   § 210. The opening paragraph and subdivision 2 of section 601-d of the
 correction law, as amended by section 29 of subpart B of part C of chap-
 ter 62 of the laws of 2011, are amended to read as follows:
   This section shall apply only to [inmates] INCARCERATED INDIVIDUALS in
 the custody of the commissioner, and releasees under the supervision  of
 the  department,  upon  whom  a determinate sentence was imposed between
 September first, nineteen hundred ninety-eight, and the  effective  date
 of this section, which was required by law to include a term of post-re-
 lease supervision:

 A. 2395                            121
 
   2. Whenever it shall appear to the satisfaction of the department that
 an  [inmate]  INCARCERATED  INDIVIDUAL in its custody or that a releasee
 under its supervision, is a designated person, the department shall make
 notification of that fact to the court that sentenced such  person,  and
 to the [inmate] INCARCERATED INDIVIDUAL or releasee.
   §  211.  Section 605-a of the correction law, as amended by section 30
 of subpart B of part C of chapter 62 of the laws of 2011, is amended  to
 read as follows:
   §  605-a. Transportation of female [inmates] INCARCERATED INDIVIDUALS.
 Whenever any female [inmate] INCARCERATED INDIVIDUAL is conveyed  to  an
 institution   under   the   jurisdiction  of  the  state  department  of
 corrections and community supervision pursuant to  sentence  or  commit-
 ment,  such female [inmate] INCARCERATED INDIVIDUAL shall be accompanied
 by at least one female officer.
   § 212. The section heading and subdivision 1 of  section  606  of  the
 correction law, as added by chapter 824 of the laws of 1985, are amended
 to read as follows:
   Payment   of   costs   for   prosecution   of  [inmates]  INCARCERATED
 INDIVIDUALS.  1. When an [inmate] INCARCERATED INDIVIDUAL of an institu-
 tion of the department is alleged to have committed an offense while  an
 [inmate]  INCARCERATED  INDIVIDUAL  of such institution, the state shall
 pay all reasonable costs for the prosecution of such offense,  including
 but  not limited to, costs for: a grand jury impaneled to hear and exam-
 ine evidence of such offense, petit jurors, witnesses,  the  defense  of
 any  [inmate] INCARCERATED INDIVIDUAL financially unable to obtain coun-
 sel in accordance with the provisions of the county  law,  the  district
 attorney,  the  costs  of  the sheriff and the appointment of additional
 court attendants, officers or other judicial personnel.
   § 213. Subdivisions 2 and 3 of section 610 of the correction  law,  as
 amended  by  chapter  268  of  the  laws of 1969, are amended to read as
 follows:
   2. This section shall be deemed to  apply  to  every  incorporated  or
 unincorporated society for the reformation of its [inmates] INCARCERATED
 INDIVIDUALS,  as well as houses of refuge, penitentiaries, protectories,
 reformatories or other correctional institutions, continuing to  receive
 for  its use, either public moneys, or a per capita sum from any munici-
 pality for the support of [inmates] INCARCERATED INDIVIDUALS.
   3. The rules and regulations established for  the  government  of  the
 institutions  mentioned in this section shall recognize the right of the
 [inmates] INCARCERATED INDIVIDUALS to the free exercise of  their  reli-
 gious  belief,  and  to  worship  God according to the dictates of their
 consciences, including baptism by  immersion,  in  accordance  with  the
 provisions  of  the  constitution; and shall allow religious services on
 Sunday and for private ministration to the [inmates] INCARCERATED  INDI-
 VIDUALS  in  such  manner  as  may best carry into effect the spirit and
 intent of this section and be consistent with the proper discipline  and
 management  of  the institution; and the [inmates] INCARCERATED INDIVID-
 UALS of such institutions shall be allowed such religious  services  and
 spiritual advice and spiritual ministration from some recognized clergy-
 man  of  the  denomination  or  church which said [inmates] INCARCERATED
 INDIVIDUALS may respectively prefer or to which they may  have  belonged
 prior  to  their being confined in such institutions; but if any of such
 [inmates] INCARCERATED INDIVIDUALS shall be  minors  under  the  age  of
 sixteen  years,  then  such  services, advice and spiritual ministration
 shall be allowed in accordance with the methods and rites of the partic-
 ular denomination or church which  the  parents  or  guardians  of  such

 A. 2395                            122
 
 minors  may  select; such services to be held and such advice and minis-
 tration to be given within the buildings or grounds, whenever  possible,
 where  the  [inmates] INCARCERATED INDIVIDUALS are required by law to be
 confined,  in  such  manner  and at such hours as will be in harmony, as
 aforesaid, with the discipline and the  rules  and  regulations  of  the
 institution  and  secure to such [inmates] INCARCERATED INDIVIDUALS free
 exercise of their religious beliefs in accordance with the provisions of
 this section. In case of a violation of any of the  provisions  of  this
 section  any  person  feeling  himself  OR HERSELF aggrieved thereby may
 institute proceedings in the supreme court of the  district  where  such
 institution  is  situated,  which  is hereby authorized and empowered to
 enforce the provisions of this section.
   § 214. The section heading, paragraph (c) of subdivision 1 and  subdi-
 vision  2  of section 611 of the correction law, the section heading and
 subdivision 2 as amended by chapter 242 of the laws of 1930,  and  para-
 graph (c) of subdivision 1 as amended by chapter 17 of the laws of 2016,
 are amended to read as follows:
   Births  to  [inmates]  INCARCERATED INDIVIDUALS of correctional insti-
 tutions and care of children of [inmates]  INCARCERATED  INDIVIDUALS  of
 correctional institutions.
   (c)  No  restraints  of  any  kind shall be used when such woman is in
 labor, admitted to a hospital, institution or clinic  for  delivery,  or
 recovering after giving birth. Any such personnel as may be necessary to
 supervise  the woman during transport to and from and during her stay at
 the hospital, institution or clinic shall be provided to ensure adequate
 care, custody and control of the  woman,  except  that  no  correctional
 staff  shall  be present in the delivery room during the birth of a baby
 unless requested by the medical staff supervising such  delivery  or  by
 the  woman  giving  birth.  The  superintendent or sheriff or his or her
 designee shall cause such woman to be subject to return to such institu-
 tion or local correctional facility as soon after the birth of her child
 as the state of her health will permit  as  determined  by  the  medical
 professional  responsible  for  the care of such woman. If such woman is
 confined in a local correctional facility, the expense of such  accommo-
 dation,  maintenance and medical care shall be paid by such woman or her
 relatives or from any available funds of the local correctional facility
 and if not available from such sources, shall be a charge upon the coun-
 ty, city or town in which is located the court from which such  [inmate]
 INCARCERATED INDIVIDUAL was committed to such local correctional facili-
 ty.  If  such  woman is confined in any institution under the control of
 the department, the  expense  of  such  accommodation,  maintenance  and
 medical  care  shall  be  paid by such woman or her relatives and if not
 available from such sources, such maintenance and medical care shall  be
 paid by the state.  In cases where payment of such accommodations, main-
 tenance  and  medical  care  is assumed by the county, city or town from
 which such [inmate] INCARCERATED  INDIVIDUAL  was  committed  the  payor
 shall  make payment by issuing payment instrument in favor of the agency
 or individual that provided  such  accommodations  and  services,  after
 certification  has been made by the head of the institution to which the
 [inmate] INCARCERATED INDIVIDUAL was legally confined, that the  charges
 for such accommodations, maintenance and medical care were necessary and
 are  just,  and  that  the  institution  has no available funds for such
 purpose.
   2. A child so born may be returned with its mother to the correctional
 institution in which the mother is confined  unless  the  chief  medical
 officer of the correctional institution shall certify that the mother is

 A. 2395                            123
 
 physically  unfit  to care for the child, in which case the statement of
 the said medical officer shall be final.  A  child  may  remain  in  the
 correctional institution with its mother for such period as seems desir-
 able for the welfare of such child, but not after it is one year of age,
 provided,  however, if the mother is in a state reformatory and is to be
 paroled shortly after the child becomes one year of age, such child  may
 remain  at  the state reformatory until its mother is paroled, but in no
 case after the child is eighteen months old. The officer  in  charge  of
 such  institution may cause a child cared for therein with its mother to
 be removed from the institution at any time before the child is one year
 of age. He shall make provision for a child removed from the institution
 without its mother or a child born  to  a  woman  [inmate]  INCARCERATED
 INDIVIDUAL  who  is  not  returned to the institution with its mother as
 hereinafter provided.  He may, upon proof being furnished by the  father
 or  other  relatives  of their ability to properly care for and maintain
 such child, give the child into the care and custody of such  father  or
 other  relatives,  who  shall  thereafter maintain the same at their own
 expense. If it shall appear that such  father  or  other  relatives  are
 unable  to properly care for and maintain such child, such officer shall
 place the child in the care of the commissioner  of  public  welfare  or
 other officer or board exercising in relation to children the power of a
 commissioner  of  public  welfare of the county from which such [inmate]
 INCARCERATED INDIVIDUAL was committed as a charge upon such county.  The
 officer  in  charge  of  the correctional institution shall send to such
 commissioner, officer or board a report of all information available  in
 regard  to the mother and the child. Such commissioner of public welfare
 or other officer or board shall care for or  place  out  such  child  as
 provided by law in the case of a child becoming dependent upon the coun-
 ty.
   §  215.  Subdivisions  1  and  2 of section 618 of the correction law,
 subdivision 1 as amended by chapter 413 of the laws of 1993 and subdivi-
 sion 2 as amended by chapter 654 of the laws of  1974,  are  amended  to
 read as follows:
   1.  It  shall also be the duty of the commissioner to continue to make
 or have impressions made of the finger and thumbprints of all  [inmates]
 INCARCERATED  INDIVIDUALS in any of the institutions under the jurisdic-
 tion of the  department;  in  his  OR  HER  discretion,  to  cause  said
 [inmates]  INCARCERATED INDIVIDUALS to be measured and described; and to
 cause to be obtained and recorded, so far as  possible,  modus  operandi
 statements of said [inmates] INCARCERATED INDIVIDUALS.  The commissioner
 shall  cause  such  impressions  and measurements of persons confined in
 state correctional institutions to be made by a person or persons in the
 official service of the state in conformity with the system now  in  use
 in  the division of criminal justice services, and shall prescribe rules
 and regulations for obtaining and recording such modus  operandi  state-
 ments,  and  for  keeping accurate records of such impressions, measure-
 ments and statements, in the offices of such institutions.
   2. It is hereby made the duty of the officials having  charge  of  all
 the  penitentiaries  and  county  jails  in the state to cause [inmates]
 INCARCERATED INDIVIDUALS confined therein under sentence for  any  crime
 to  be  measured  and  described and the fingerprint impressions of such
 [inmates] INCARCERATED INDIVIDUALS to be made according to the rules and
 methods prescribed by the commissioner of criminal justice services.  It
 shall  also be the duty of such officials in charge of such institutions
 to procure so far as possible modus operandi statements  from  all  such
 prisoners.    And it shall be the duty of such officials to cause dupli-

 A. 2395                            124
 
 cate records of such measurements,  impressions  and  statements  to  be
 made,  two  copies to be transmitted to the division of criminal justice
 services within twenty-four hours following the time of the reception of
 such [inmates] INCARCERATED INDIVIDUALS in said institutions.
   §  216. Section 619 of the correction law, as amended by section 31 of
 subpart B of part C of chapter 62 of the laws of  2011,  is  amended  to
 read as follows:
   §  619.  Cooperation  with  authorized  agencies  of the department of
 social services. It shall be the duty of an official of any  institution
 under  the jurisdiction of the commissioner of corrections and community
 supervision to cooperate with an authorized agency of the department  of
 social  services  in making suitable arrangements for an [inmate] INCAR-
 CERATED INDIVIDUAL confined therein to  visit  with  his  or  her  child
 pursuant  to subdivision seven of section three hundred eighty-four-b of
 the social services law.
   § 217. Section 622 of the correction law, as added by chapter 7 of the
 laws of 2007, subdivision 6 as amended by chapter 672  of  the  laws  of
 2019, is amended to read as follows:
   §  622.  Sex  offender treatment program. 1. The department shall make
 available a sex offender treatment program for those [inmates] INCARCER-
 ATED INDIVIDUALS who are serving sentences for felony sex  offenses,  or
 for  other  offenses  defined in subdivision (p) of section 10.03 of the
 mental hygiene law, and are identified as having a need for such program
 in accordance with sections eight hundred three and eight  hundred  five
 of  this  chapter.  In  developing the treatment program, the department
 shall give due regard to  standards,  guidelines,  best  practices,  and
 qualifications recommended by the office of sex offender management. The
 department  shall make such treatment programs available sufficiently in
 advance of the time of the [inmate's] INCARCERATED INDIVIDUAL'S  consid-
 eration by the case review team, pursuant to section 10.05 of the mental
 hygiene  law,  so  as  to  allow the [inmate] INCARCERATED INDIVIDUAL to
 complete the treatment program prior to that time.
   2. The primary purpose of the program shall be to reduce  the  likeli-
 hood  of  reoffending by assisting such offenders to control their chain
 of behaviors that lead to sexual offending. The length of  participation
 for   each   [inmate]  INCARCERATED  INDIVIDUAL  to  achieve  successful
 completion shall  be  dependent  upon  the  initial  assessment  of  the
 [inmate's]  INCARCERATED  INDIVIDUAL'S  specific needs and the degree of
 progress made by the [inmate] INCARCERATED INDIVIDUAL as  a  participant
 but shall not be less than six months.
   3. The department's sex offender treatment program shall include resi-
 dential programs, which shall require that at each correctional facility
 where  the  residential program is provided, [inmate] INCARCERATED INDI-
 VIDUAL participants shall be housed within  the  same  housing  area  in
 order to provide clinically appropriate treatment, and to provide a more
 structured and controlled setting.
   4.  Each residential program shall be staffed with a licensed psychol-
 ogist who shall provide clinical supervision  to  the  treatment  staff,
 review, approve and modify treatment plans as appropriate for individual
 [inmates]  INCARCERATED  INDIVIDUALS,  provide  clinical assessments for
 participating [inmates] INCARCERATED INDIVIDUALS,  observe  and  partic-
 ipate  in  group sessions and make treatment recommendations. Each resi-
 dential program shall also be staffed with a  licensed  clinical  social
 worker  or  other  mental health professional who shall be knowledgeable
 about the administration of testing instruments  that  are  designed  to
 measure  the  degree  of  a  sex  offender's  psychopathy and his or her

 A. 2395                            125
 
 program needs. The assigned licensed psychologist shall  also  be  know-
 ledgeable about the application of such testing instruments.
   5.  Any  [inmate]  INCARCERATED INDIVIDUAL committed to the custody of
 the department on or after the effective date  of  this  section  for  a
 felony  sex offense, or for any of the other offenses listed in subdivi-
 sion (p) of section 10.03 of the mental hygiene law, shall, as  soon  as
 practicable,  be  initially  assessed  by  staff of the office of mental
 health who shall be knowledgeable regarding  the  diagnosis,  treatment,
 assessment or evaluation of sex offenders. The assessment shall include,
 but  not  be  limited  to,  the determination of the degree to which the
 [inmate] INCARCERATED INDIVIDUAL presents a risk of violent sexual reci-
 divism and his or her need for sex offender treatment while in prison.
   6. Staff of the office of mental health and the office for people with
 developmental disabilities may be consulted about the [inmate's]  INCAR-
 CERATED  INDIVIDUAL'S  treatment  needs  and may assist in providing any
 additional treatment services determined to be clinically appropriate to
 address  the  [inmate's]  INCARCERATED  INDIVIDUAL'S  underlying  mental
 abnormality or disorder. Such treatment services shall be provided using
 professionally accepted treatment protocols.
   §  218.  Section 623 of the correction law, as added by chapter 240 of
 the laws of 2007, is amended to read as follows:
   § 623. [Inmate] INCARCERATED INDIVIDUAL telephone services.  1.  Tele-
 phone services contracts for [inmates] INCARCERATED INDIVIDUALS in state
 correctional  facilities  shall be subject to the procurement provisions
 as set forth in article eleven of the state finance law provided, howev-
 er, that when determining the best value of such telephone service,  the
 lowest possible cost to the telephone user shall be emphasized.
   2.  The department shall make available either a "prepaid" or "collect
 call" system, or a combination thereof, for telephone service. Under the
 "prepaid" system, funds may be deposited into an account in order to pay
 for station-to-station calls, provided that nothing in this  subdivision
 shall  require the department to provide or administer a prepaid system.
 Under a "collect call" system, call recipients are billed for  the  cost
 of  an  accepted  telephone  call  initiated by an [inmate] INCARCERATED
 INDIVIDUAL. Under such "collect call" system, the provider  of  [inmate]
 INCARCERATED  INDIVIDUAL  telephone  service,  as an additional means of
 payment, must permit the recipient of [inmate]  INCARCERATED  INDIVIDUAL
 calls  to  establish  an  account with such provider in order to deposit
 funds to pay for such collect calls in advance.
   3. The department shall not accept or receive revenue in excess of its
 reasonable operating cost for establishing and administering such  tele-
 phone  system  services  as provided in subdivisions one and two of this
 section.
   4. The department shall establish rules  and  regulations  or  depart-
 mental  procedures  to  ensure that any [inmate] INCARCERATED INDIVIDUAL
 phone call system established by this section provides reasonable  secu-
 rity  measures  to preserve the safety and security of each correctional
 facility, all staff and all persons outside a facility who  may  receive
 [inmate] INCARCERATED INDIVIDUAL phone calls.
   §  219.  Section 624 of the correction law, as added by chapter 447 of
 the laws of 2016, is amended to read as follows:
   § 624. Next of kin; death of  [inmate]  INCARCERATED  INDIVIDUAL.  The
 department  shall  be  responsive  to inquiries from the next of kin and
 other person designated as the representative of any [inmate]  INCARCER-
 ATED  INDIVIDUAL  whose  death  takes place during custody regarding the
 circumstances surrounding the death of such [inmate] INCARCERATED  INDI-

 A. 2395                            126
 
 VIDUAL,  the  medical  procedures  used and the cause of death including
 preliminary determinations and final determination  as  reported  by  an
 autopsy  report. The next of kin and other person designated as a repre-
 sentative  shall  be  identified  from the emergency contact information
 previously provided by  the  [inmate]  INCARCERATED  INDIVIDUAL  to  the
 department.
   §  220.  Subdivisions 2, 3 and 4 of section 631 of the correction law,
 subdivision 2 as separately amended by chapters 411 and 622 of the  laws
 of  1973  and subdivisions 3 and 4 as amended by chapter 622 of the laws
 of 1973, are amended to read as follows:
   2. "Eligible [inmate] INCARCERATED INDIVIDUAL" means a person confined
 in a city prison or reformatory in a city having  a  population  of  one
 million or more or in a county jail and penitentiaries of a county which
 elects  to  have this article apply thereto where a furlough program has
 been established who is sentenced to a definite period of six months  or
 more or to a reformatory sentence of imprisonment and has served a mini-
 mum of six months of any such sentence.
   3.  "Furlough  program" means a program under which eligible [inmates]
 INCARCERATED INDIVIDUALS may be granted the  privilege  of  leaving  the
 premises  of  a  prison for a period not exceeding seventy-two hours for
 the purpose of seeking  employment,  maintaining  family  ties,  solving
 family  problems,  to undergo surgery or to receive medical treatment or
 dental treatment not available in the correctional institution,  or  for
 any matter necessary to the furtherance of any such purposes.
   4.  "Extended  bounds  of  confinement"  means  the  area  in which an
 [inmate] INCARCERATED INDIVIDUAL participating in a furlough program may
 travel, the routes he OR SHE is permitted to use, the places he  OR  SHE
 is authorized to visit, and the hours, days, or specially defined period
 during  which  he  OR SHE is permitted to be absent from the premises of
 the institution. An extension of limits shall be under  such  prescribed
 conditions as the commissioner deems necessary. Such extension of limits
 may be withdrawn at any time.
   §  221.  Section 632 of the correction law, as added by chapter 886 of
 the laws of 1972, is amended to read as follows:
   § 632. Establishment of a  furlough  program.  [1.]  The  commissioner
 shall  designate, in the rules and regulations of the department; appro-
 priate employees or an appropriate unit of the department, to be respon-
 sible for [(a)] (I) securing education, on-the-job training and  employ-
 ment  opportunities  for  [inmates]  INCARCERATED  INDIVIDUALS  who  are
 eligible to participate in a furlough program and [(b)] (II) supervising
 [inmates] INCARCERATED  INDIVIDUALS  during  their  participation  in  a
 furlough program outside the premises of the institution.
   §  222.  The section heading and subdivisions 1, 2, 6 and 7 of section
 633 of the correction law, the section heading and subdivisions 2, 6 and
 7 as added by chapter 886 of the laws of  1972,  and  subdivision  1  as
 amended  by  chapter  622  of  the  laws of 1973, are amended to read as
 follows:
   Procedure for furlough  release  of  eligible  [inmates]  INCARCERATED
 INDIVIDUALS.  1. A person confined in a city prison or a county jail and
 penitentiaries of a county which elects to have this article apply ther-
 eto who is, or who within thirty days will become, an eligible  [inmate]
 INCARCERATED  INDIVIDUAL,  may  make application to the furlough release
 committee of the institution for permission to participate in a furlough
 program.
   2. Any eligible [inmate] INCARCERATED INDIVIDUAL may make  application
 to  the  furlough committee for leave of absence provided, however, that

 A. 2395                            127
 
 in exigent circumstances such application may be made  directly  to  the
 warden  of the institution and the warden may exercise all of the powers
 of the furlough  committee  subject,  however,  to  any  limitations  or
 requirements  set  forth  in the rules and regulations of the department
 and subject further to the discretion of the commissioner.
   6. After approving the program of furlough, the warden may then permit
 an eligible [inmate]  INCARCERATED  INDIVIDUAL  who  has  accepted  such
 program  to go outside the premises of the institution within the limits
 of the extended bounds  of  confinement  described  in  the  memorandum;
 provided, however, that no such permission shall become effective in the
 case  of  a furlough program prior to the time at which the person to be
 released becomes an eligible [inmate] INCARCERATED INDIVIDUAL.
   7. Participation in a furlough release program shall be  a  privilege.
 Nothing  contained  in  this article may be construed to confer upon any
 [inmate] INCARCERATED INDIVIDUAL the right to participate, or to contin-
 ue to participate in a furlough program. The warden of  the  institution
 may at any time, and upon recommendation of the furlough committee or of
 the commissioner, revoke any [inmate's] INCARCERATED INDIVIDUAL'S privi-
 lege to participate in a program of furlough.
   §  223.  Section 634 of the correction law, as added by chapter 886 of
 the laws of 1972, subdivisions 1 and 4 as amended by chapter 843 of  the
 laws  of 1980 and subdivision 2 as amended by chapter 622 of the laws of
 1973, is amended to read as follows:
   § 634. Conduct of [inmates] INCARCERATED INDIVIDUALS participating  in
 furlough  program. 1. An [inmate] INCARCERATED INDIVIDUAL who is permit-
 ted to leave the premises of an institution to participate in a furlough
 program shall have on his OR HER person a copy of the memorandum of that
 program as signed by the warden of the  institution  and  shall  exhibit
 such  copy  to  any peace officer or police officer upon request of such
 officer.
   2. If the [inmate] INCARCERATED INDIVIDUAL violates any  provision  of
 the  program, or any rule, or regulation promulgated by the commissioner
 for conduct  of  [inmates]  INCARCERATED  INDIVIDUALS  participating  in
 furlough  programs,  he OR SHE shall be subject to disciplinary measures
 to the same extent as if he OR SHE violated a rule or regulation of  the
 commissioner  for  conduct  of [inmates] INCARCERATED INDIVIDUALS within
 the premises of the institution.
   3. The provisions  of  this  section  relating  to  good  behavior  of
 [inmates]  INCARCERATED  INDIVIDUALS  while  participating  in  furlough
 programs outside the premises of institutions, and such  allowances  may
 be granted, withheld, forfeited or cancelled in whole or part for behav-
 ior outside the premises of an institution to the same extent and in the
 same  manner as is provided for behavior of [inmates] INCARCERATED INDI-
 VIDUALS within the premises of the institutions.
   4. An [inmate] INCARCERATED INDIVIDUAL who  is  in  violation  of  the
 provisions  of  his OR HER furlough program may be taken into custody by
 any peace officer or police officer and,  in  such  event  the  [inmate]
 INCARCERATED  INDIVIDUAL  shall be returned forthwith to the institution
 that released him OR HER. In any case where  the  institution  is  in  a
 county  other than the one in which the [inmate] INCARCERATED INDIVIDUAL
 is apprehended, the officer may deliver the [inmate] INCARCERATED  INDI-
 VIDUAL  to  the  nearest institution, jail or lockup and it shall be the
 duty of the person in charge of said  facility  to  hold  such  [inmate]
 INCARCERATED  INDIVIDUAL securely until such time as he OR SHE is deliv-
 ered into the custody of an officer of the institution from which he  OR
 SHE  was  released. Upon delivering the [inmate] INCARCERATED INDIVIDUAL

 A. 2395                            128
 
 to an institution, jail or lockup, other than the one from which  he  OR
 SHE  was released, the officer who apprehended the [inmate] INCARCERATED
 INDIVIDUAL shall forthwith notify the warden  of  the  institution  from
 which  the [inmate] INCARCERATED INDIVIDUAL was released and it shall be
 the duty of the warden to effect the expeditious return of the  [inmate]
 INCARCERATED INDIVIDUAL to the institution.
   §  224.  Subparagraphs (ii) and (iv) of paragraph (d) of subdivision 1
 of section 803 of the correction law, as added by section 7  of  chapter
 738 of the laws of 2004, are amended to read as follows:
   (ii)  Such  merit  time allowance shall not be available to any person
 serving an indeterminate sentence authorized for an A-I felony  offense,
 other  than  an A-I felony offense defined in article two hundred twenty
 of the penal law, or any sentence imposed for a violent  felony  offense
 as defined in section 70.02 of the penal law, manslaughter in the second
 degree,   vehicular   manslaughter   in  the  second  degree,  vehicular
 manslaughter in the first  degree,  criminally  negligent  homicide,  an
 offense  defined in article one hundred thirty of the penal law, incest,
 or an offense defined in article two hundred sixty-three  of  the  penal
 law, or aggravated harassment of an employee by an [inmate] INCARCERATED
 INDIVIDUAL.
   (iv)  Such merit time allowance may be granted when an [inmate] INCAR-
 CERATED INDIVIDUAL successfully participates in the work  and  treatment
 program  assigned pursuant to section eight hundred five of this article
 and when such [inmate] INCARCERATED INDIVIDUAL obtains a general  equiv-
 alency  diploma, an alcohol and substance abuse treatment certificate, a
 vocational trade certificate following at least six months of vocational
 programming or performs at least four hundred hours of service  as  part
 of a community work crew.
   Such  allowance shall be withheld for any serious disciplinary infrac-
 tion or upon a judicial determination that the person, while an [inmate]
 INCARCERATED INDIVIDUAL, commenced or continued a civil action, proceed-
 ing or claim that was found to be frivolous as  defined  in  subdivision
 (c)  of  section eight thousand three hundred three-a of the civil prac-
 tice law and rules, or an order of a federal court pursuant to  rule  11
 of  the federal rules of civil procedure imposing sanctions in an action
 commenced by  a  person,  while  an  [inmate]  INCARCERATED  INDIVIDUAL,
 against a state agency, officer or employee.
   § 224-a. Subparagraphs (ii) and (iv) of paragraph (d) of subdivision 1
 of  section 803 of the correction law, as added by section 10-a of chap-
 ter 738 of the laws of 2004, are amended to read as follows:
   (ii) Such merit time allowance shall not be available  to  any  person
 serving  an indeterminate sentence authorized for an A-I felony offense,
 other than an A-I felony offense defined in article two  hundred  twenty
 of  the  penal law, or any sentence imposed for a violent felony offense
 as defined in section 70.02 of the penal law, manslaughter in the second
 degree,  vehicular  manslaughter  in  the   second   degree,   vehicular
 manslaughter  in  the  first  degree,  criminally negligent homicide, an
 offense defined in article one hundred thirty of the penal law,  incest,
 or  an  offense  defined in article two hundred sixty-three of the penal
 law, or aggravated harassment of an employee by an [inmate] INCARCERATED
 INDIVIDUAL.
   (iv) Such merit time allowance may be granted when an [inmate]  INCAR-
 CERATED  INDIVIDUAL  successfully participates in the work and treatment
 program assigned pursuant to section eight hundred five of this  article
 and  when such [inmate] INCARCERATED INDIVIDUAL obtains a general equiv-
 alency diploma, an alcohol and substance abuse treatment certificate,  a

 A. 2395                            129
 
 vocational trade certificate following at least six months of vocational
 programming  or  performs at least four hundred hours of service as part
 of a community work crew.
   Such  allowance shall be withheld for any serious disciplinary infrac-
 tion or upon a judicial determination that the person, while an [inmate]
 INCARCERATED INDIVIDUAL, commenced or continued a civil action, proceed-
 ing or claim that was found to be frivolous as  defined  in  subdivision
 (c)  of  section eight thousand three hundred three-a of the civil prac-
 tice law and rules, or an order of a federal court pursuant to  rule  11
 of  the federal rules of civil procedure imposing sanctions in an action
 commenced by  a  person,  while  an  [inmate]  INCARCERATED  INDIVIDUAL,
 against a state agency, officer or employee.
   §  225.  The section heading, clauses (A) and (C) of subparagraph (ii)
 of paragraph (b), paragraphs (c) and (e) of subdivision 1  and  subdivi-
 sion  3  of  section  803-b  of the correction law, the section heading,
 clauses (A) and (C) of subparagraph (ii) of paragraph (b), paragraph (e)
 of subdivision 1 and subdivision 3 as added by section 4 of  part  L  of
 chapter  56  of  the  laws  of  2009,  paragraph (c) of subdivision 1 as
 amended by section 1 of part E of chapter 55 of the laws  of  2017,  and
 subparagraph  (ii) of paragraph (c) of subdivision 1 as amended by chap-
 ter 35 of the laws of 2020, are amended to read as follows:
   Limited credit time allowances for [inmates] INCARCERATED  INDIVIDUALS
 serving  indeterminate  or  determinate  sentences imposed for specified
 offenses.
   (A) in the case of an eligible offender who is not subject to an inde-
 terminate sentence with a maximum term of life imprisonment, such offen-
 der shall be eligible for conditional release six months earlier than as
 provided by paragraph (b) of subdivision one of  section  70.40  of  the
 penal  law,  provided  that  the department determines such offender has
 earned the full amount of good time authorized by section eight  hundred
 three  of this article; the withholding of any good behavior time credit
 by the department shall render an [inmate] INCARCERATED INDIVIDUAL inel-
 igible for the credit defined herein;
   (C) an [inmate] INCARCERATED INDIVIDUAL shall not be eligible for  the
 credit  defined herein if he or she is returned to the department pursu-
 ant to a revocation of presumptive release, parole, conditional release,
 or post-release supervision and has not been sentenced to an  additional
 indeterminate or determinate term of imprisonment.
   (c)  "significant programmatic accomplishment" means that the [inmate]
 INCARCERATED INDIVIDUAL:
   (i) participates in no less than two years of college programming; or
   (ii) obtains an associate degree, bachelor's degree,  master's  degree
 or  doctoral  degree  by completing a registered program from a New York
 state degree-granting institution, or a program offered  by  an  out-of-
 state institution of higher education authorized to offer post-secondary
 distance  education  in  New York state pursuant to applicable rules and
 regulations promulgated by the education department of the state of  New
 York; or
   (iii) successfully participates as an [inmate] INCARCERATED INDIVIDUAL
 program associate for no less than two years; or
   (iv)  receives  a certification from the state department of labor for
 his or her successful participation in an apprenticeship program; or
   (v) successfully works as an [inmate] INCARCERATED INDIVIDUAL  hospice
 aid for a period of no less than two years; or

 A. 2395                            130
 
   (vi)  successfully  works  in the division of correctional industries'
 optical program for no less than two years and receives a  certification
 as an optician from the American board of opticianry; or
   (vii) receives an asbestos handling certificate from the department of
 labor  upon successful completion of the training program and then works
 in the division of correctional industries' asbestos  abatement  program
 as a hazardous materials removal worker or group leader for no less than
 eighteen months; or
   (viii)  successfully  completes  the  course curriculum and passes the
 minimum competency screening process performance  examination  for  sign
 language  interpreter, and then works as a sign language interpreter for
 deaf [inmates] INCARCERATED INDIVIDUALS for no less than one year; or
   (ix) successfully works in the puppies behind bars program for a peri-
 od of no less than two years; or
   (x) successfully participates in a vocational  culinary  arts  program
 for  a period of no less than two years and earns a servsafe certificate
 that is recognized by the national restaurant association; or
   (xi) successfully completes the  four  hundred  ninety  hour  training
 program  while  assigned  to a department of motor vehicles call center,
 and continues to work at such call center for an  additional  twenty-one
 months; or
   (xii)  receives  a  certificate  from the food production center in an
 assigned position following the completion of no less than eight hundred
 hours of work in such position, and continues to work for an  additional
 eighteen months at the food production center.
   (e)  "disqualifying  judicial determination" means a judicial determi-
 nation that the  person,  while  an  [inmate]  INCARCERATED  INDIVIDUAL,
 commenced  or  continued  a civil action or proceeding or claim that was
 found to be frivolous as defined in subdivision  (c)  of  section  eight
 thousand  three  hundred three-a of the civil practice law and rules, or
 an order of a federal court pursuant to rule 11 of the federal rules  of
 civil  procedure  imposing  sanctions in an action commenced by a person
 while an [inmate] INCARCERATED INDIVIDUAL against a state agency,  offi-
 cer or employee.
   3.  No  person  shall  have  the right to demand or require the credit
 authorized by this section. The commissioner may revoke at any time such
 credit for any disciplinary infraction committed by the [inmate]  INCAR-
 CERATED  INDIVIDUAL  or  for  any  failure  to  continue  to participate
 successfully in any  assigned  work  and  treatment  program  after  the
 certificate  of  earned  eligibility has been awarded. Any action by the
 commissioner pursuant to this section shall be deemed a  judicial  func-
 tion and shall not be reviewable if done in accordance with law.
   §  226.  Section 805 of the correction law, as amended by section 4 of
 part E of chapter 62 of the laws of 2003, is amended to read as follows:
   § 805. Earned eligibility program. Persons committed to the custody of
 the department under an indeterminate or determinate sentence of  impri-
 sonment  shall be assigned a work and treatment program as soon as prac-
 ticable. No earlier than two months prior to the [inmate's] INCARCERATED
 INDIVIDUAL'S eligibility to be paroled pursuant to  subdivision  one  of
 section  70.40  of  the  penal  law,  the  commissioner shall review the
 [inmate's] INCARCERATED INDIVIDUAL'S institutional record  to  determine
 whether he OR SHE has complied with the assigned program. If the commis-
 sioner determines that the [inmate] INCARCERATED INDIVIDUAL has success-
 fully  participated  in  the  program  he  OR SHE may issue the [inmate]
 INCARCERATED INDIVIDUAL a certificate of  earned  eligibility.  Notwith-
 standing any other provision of law, an [inmate] INCARCERATED INDIVIDUAL

 A. 2395                            131

 who  is  serving  a  sentence with a minimum term of not more than eight
 years and who has been issued a certificate of earned eligibility, shall
 be granted parole release at the expiration of his OR HER  minimum  term
 or as authorized by subdivision four of section eight hundred sixty-sev-
 en of this chapter unless the board of parole determines that there is a
 reasonable probability that, if such [inmate] INCARCERATED INDIVIDUAL is
 released,  he OR SHE will not live and remain at liberty without violat-
 ing the law and that his OR HER  release  is  not  compatible  with  the
 welfare  of  society.  Any  action  by the commissioner pursuant to this
 section shall be deemed a judicial function and shall not be  reviewable
 if done in accordance with law.
   §  226-a. Section 805 of the correction law, as amended by chapter 262
 of the laws of 1987, is amended to read as follows:
   § 805. Earned eligibility program. Persons committed to the custody of
 the department under an indeterminate sentence of imprisonment shall  be
 assigned a work and treatment program as soon as practicable. No earlier
 than  two  months  prior to the expiration of an [inmate's] INCARCERATED
 INDIVIDUAL'S minimum period  of  imprisonment,  the  commissioner  shall
 review  the [inmate's] INCARCERATED INDIVIDUAL'S institutional record to
 determine whether he OR SHE has complied with the assigned program.   If
 the  commissioner  determines  that the [inmate] INCARCERATED INDIVIDUAL
 has successfully participated in the program he OR  SHE  may  issue  the
 [inmate]  INCARCERATED  INDIVIDUAL  a certificate of earned eligibility.
 Notwithstanding any other provision of  law,  an  [inmate]  INCARCERATED
 INDIVIDUAL  who  is  serving  a sentence with a minimum term of not more
 than six years and who has been issued a certificate of earned eligibil-
 ity, shall be granted parole release at the expiration  of  his  OR  HER
 minimum  term  or  as  authorized  by  subdivision four of section eight
 hundred sixty-seven unless the board of parole determines that there  is
 a  reasonable probability that, if such [inmate] INCARCERATED INDIVIDUAL
 is released, he OR SHE will not  live  and  remain  at  liberty  without
 violating the law and that his OR HER release is not compatible with the
 welfare  of  society.  Any  action  by the commissioner pursuant to this
 section shall be deemed a judicial function and shall not be  reviewable
 if done in accordance with law.
   §  227.  Section  806  of the correction law, as added by section 5 of
 part E of chapter 62 of the laws of 2003, subdivision 3  as  amended  by
 section  40 of subpart B of part C of chapter 62 of the laws of 2011 and
 subdivision 6 as amended by chapter 45 of the laws of 2012,  is  amended
 to read as follows:
   §  806. Presumptive release program for nonviolent [inmates] INCARCER-
 ATED INDIVIDUALS. 1. Notwithstanding any other provision of law  to  the
 contrary  and  except as provided in subdivision two of this section, an
 [inmate] INCARCERATED INDIVIDUAL who has been awarded a  certificate  of
 earned  eligibility  by  the  commissioner as set forth in section eight
 hundred five of this article may be entitled to presumptive  release  at
 the  expiration of the minimum or aggregate minimum period of his or her
 indeterminate term of imprisonment, provided that:
   (i) the [inmate] INCARCERATED INDIVIDUAL has not been convicted previ-
 ously of, nor is presently serving a sentence imposed for  a  class  A-I
 felony,  a  violent  felony  offense  as defined in section 70.02 of the
 penal law, manslaughter in the second degree, vehicular manslaughter  in
 the second degree, vehicular manslaughter in the first degree, criminal-
 ly  negligent homicide, an offense defined in article one hundred thirty
 of the penal law, incest, or an offense defined in article  two  hundred
 sixty-three of the penal law,

 A. 2395                            132
 
   (ii)  the [inmate] INCARCERATED INDIVIDUAL has not committed any seri-
 ous disciplinary infraction, and
   (iii)  there  has been no judicial determination that the person while
 an [inmate] INCARCERATED  INDIVIDUAL  commenced  or  continued  a  civil
 action, proceeding or claim that was found to be frivolous as defined in
 subdivision  (c)  of section eight thousand three hundred three-a of the
 civil practice law and rules, or an order  has  not  been  issued  by  a
 federal  court  pursuant to rule 11 of the federal rules of civil proce-
 dure imposing sanctions in an action commenced by the [inmate] INCARCER-
 ATED INDIVIDUAL against a state agency, officer or employee.
   2. In the case of an [inmate] INCARCERATED INDIVIDUAL  who  meets  the
 criteria set forth in subdivision one of this section and who also meets
 the criteria for merit time as provided for in paragraph (d) of subdivi-
 sion  one  of section eight hundred three of this article, such [inmate]
 INCARCERATED INDIVIDUAL may  be  entitled  to  presumptive  release,  as
 provided  in this section, at the expiration of five-sixths of the mini-
 mum or aggregate minimum period of his  or  her  indeterminate  term  of
 imprisonment.
   3.  Any  [inmate]  INCARCERATED  INDIVIDUAL  eligible  for presumptive
 release pursuant to this section shall be required  to  apply  for  such
 release pursuant to section two hundred six of this chapter.
   4.  The  commissioner  shall  promulgate rules and regulations for the
 granting, withholding, cancellation and recission of presumptive release
 authorized by this section in accordance with law.
   5. No person shall have the right to  demand  or  require  presumptive
 release  authorized  by this section. The commissioner may revoke at any
 time  an  [inmate's]  INCARCERATED  INDIVIDUAL'S  scheduled  presumptive
 release pursuant to this section for any disciplinary infraction commit-
 ted  by  the  [inmate]  INCARCERATED  INDIVIDUAL  or  for any failure to
 continue to participate successfully in any assigned work and  treatment
 program  after  the  certificate of earned eligibility has been awarded.
 The commissioner may deny presumptive release to any [inmate]  INCARCER-
 ATED  INDIVIDUAL  whenever the commissioner determines that such release
 may not be consistent with the safety of the community or the welfare of
 the [inmate] INCARCERATED INDIVIDUAL. Any  action  by  the  commissioner
 pursuant  to  this section shall be deemed a judicial function and shall
 not be reviewable if done in accordance with law.
   6. Any eligible [inmate] INCARCERATED INDIVIDUAL who is  not  released
 pursuant  to  subdivision one or two of this section shall be considered
 for discretionary release  on  parole  pursuant  to  the  provisions  of
 section  eight  hundred  five  of  this  article  or section two hundred
 fifty-nine-i of the executive law, whichever is applicable.
   7. Any reference to parole and conditional  release  in  this  chapter
 shall also be deemed to include presumptive release.
   §  228. Subdivision 2 of section 851 of the correction law, as amended
 by chapter 60 of the laws of 1994, the opening paragraph as  amended  by
 chapter  320 of the laws of 2006 and the closing paragraph as amended by
 section 42 of subpart B of part C of chapter 62 of the laws of 2011,  is
 amended to read as follows:
   2.   "Eligible  [inmate]  INCARCERATED  INDIVIDUAL"  means:  a  person
 confined in an institution who is eligible for release on parole or  who
 will become eligible for release on parole or conditional release within
 two  years.  Provided,  however,  that  a  person  under sentence for an
 offense defined in paragraphs (a) and (b) of subdivision one of  section
 70.02  of  the penal law, where such offense involved the use or threat-
 ened use of a deadly weapon or dangerous instrument shall not be  eligi-

 A. 2395                            133
 
 ble to participate in a work release program until he or she is eligible
 for  release  on parole or who will be eligible for release on parole or
 conditional release within eighteen months. Provided, further,  however,
 that  a  person  under  a  determinate  sentence as a second felony drug
 offender for a class B felony offense defined  in  article  two  hundred
 twenty  of the penal law, who was sentenced pursuant to section 70.70 of
 such law, shall not be eligible to participate in  a  temporary  release
 program until the time served under imprisonment for his or her determi-
 nate  sentence,  including  any  jail  time  credited  pursuant  to  the
 provisions of article seventy of the penal law, shall be at least  eigh-
 teen  months.  In the case of a person serving an indeterminate sentence
 of imprisonment imposed pursuant  to  the  penal  law  in  effect  after
 September  one,  nineteen  hundred sixty-seven, for the purposes of this
 article parole eligibility shall be upon the expiration of  the  minimum
 period  of  imprisonment  fixed  by the court or where the court has not
 fixed any period, after service of the minimum period fixed by the state
 board of parole.  If  an  [inmate]  INCARCERATED  INDIVIDUAL  is  denied
 release  on  parole,  such [inmate] INCARCERATED INDIVIDUAL shall not be
 deemed an eligible [inmate] INCARCERATED INDIVIDUAL until he or  she  is
 within  two  years  of  his  or her next scheduled appearance before the
 state parole board. In any case where an [inmate] INCARCERATED  INDIVID-
 UAL  is  denied  release  on  parole  while participating in a temporary
 release program, the department shall review the status of the  [inmate]
 INCARCERATED  INDIVIDUAL  to  determine  if  continued  placement in the
 program is appropriate. No person convicted of any escape or  absconding
 offense  defined  in  article two hundred five of the penal law shall be
 eligible for temporary release. Further, no person  under  sentence  for
 aggravated  harassment  of an employee by an [inmate] INCARCERATED INDI-
 VIDUAL as defined in section 240.32 of the penal law for,  any  homicide
 offense defined in article one hundred twenty-five of the penal law, for
 any  sex offense defined in article one hundred thirty of the penal law,
 or for an offense defined in section 255.25, 255.26  or  255.27  of  the
 penal  law shall be eligible to participate in a work release program as
 defined in subdivision three of this section. Nor shall any person under
 sentence for any sex offense defined in article one  hundred  thirty  of
 the penal law be eligible to participate in a community services program
 as  defined  in  subdivision  five  of this section. Notwithstanding the
 foregoing, no person who is an otherwise eligible [inmate]  INCARCERATED
 INDIVIDUAL  who  is under sentence for a crime involving: (a) infliction
 of serious physical injury upon another as defined in the penal  law  or
 (b)  any  other  offense involving the use or threatened use of a deadly
 weapon may participate in a temporary release program without the  writ-
 ten  approval  of  the  commissioner.  The commissioner shall promulgate
 regulations giving direction to the temporary release committee at  each
 institution  in  order  to  aid  such  committees  in  carrying out this
 mandate.
   The governor, by executive order, may exclude  or  limit  the  partic-
 ipation  of any class of otherwise eligible [inmates] INCARCERATED INDI-
 VIDUALS from participation in a temporary release  program.  Nothing  in
 this  paragraph  shall be construed to affect either the validity of any
 executive order previously issued limiting the participation  of  other-
 wise  eligible [inmates] INCARCERATED INDIVIDUALS in such program or the
 authority of the commissioner to impose appropriate regulations limiting
 such participation.
   § 228-a. Subdivisions 2-a, 3, 4, 5, 6, 7, 8 and 10 of section  851  of
 the  correction law, subdivision 2-a as added by chapter 251 of the laws

 A. 2395                            134
 
 of 2002, subdivision 3 as amended by chapter 60 of  the  laws  of  1994,
 subdivisions  4, 5, 6, 7, 8 and 10 as amended by chapter 691 of the laws
 of 1977 and paragraph (a) of subdivision 6 as amended by chapter 107  of
 the laws of 1983, are amended to read as follows:
   2-a. Notwithstanding subdivision two of this section, the term "eligi-
 ble  [inmate]  INCARCERATED  INDIVIDUAL"  shall  also  include  a person
 confined in an institution who is eligible for release on parole or  who
 will become eligible for release on parole or conditional release within
 two  years,  and  who  was convicted of a homicide offense as defined in
 article one hundred twenty-five of the penal law or an  assault  offense
 defined  in  article  one  hundred  twenty of the penal law, and who can
 demonstrate to the commissioner that: (a) the victim of such homicide or
 assault was a member of the [inmate's] INCARCERATED INDIVIDUAL'S immedi-
 ate family as that term is defined in section 120.40 of the penal law or
 had a child in common with the [inmate] INCARCERATED INDIVIDUAL; (b) the
 [inmate] INCARCERATED INDIVIDUAL was subjected to substantial  physical,
 sexual  or  psychological abuse committed by the victim of such homicide
 or assault; and (c) such abuse was a substantial factor in  causing  the
 [inmate]  INCARCERATED  INDIVIDUAL  to  commit such homicide or assault.
 With respect to an [inmate's] INCARCERATED INDIVIDUAL'S claim that he or
 she was subjected to substantial physical, sexual or psychological abuse
 committed by the victim, such demonstration shall include  corroborative
 material  that  may  include, but is not limited to, witness statements,
 social services records, hospital records, law enforcement records and a
 showing based in part on documentation prepared at or near the  time  of
 the  commission  of  the  offense  or the prosecution thereof tending to
 support the [inmate's] INCARCERATED INDIVIDUAL'S claim. Prior to  making
 a  determination under this subdivision, the commissioner is required to
 request and take into consideration the opinion of the district attorney
 who prosecuted the underlying homicide or assault offense and the  opin-
 ion  of  the  sentencing  court.  If  such  opinions are received within
 forty-five days of the request, the commissioner shall  take  them  into
 consideration.  If  such  opinions are not so received, the commissioner
 may proceed with the  determination.  Any  action  by  the  commissioner
 pursuant  to  this  subdivision  shall be deemed a judicial function and
 shall not be reviewable in any court.
   3. "Work  release  program"  means  a  program  under  which  eligible
 [inmates] INCARCERATED INDIVIDUALS may be granted the privilege of leav-
 ing  the  premises of an institution for a period not exceeding fourteen
 hours in any day for the purpose of on-the-job training  or  employment,
 or  for any matter necessary to the furtherance of any such purposes. No
 person shall be released into a work release  program  unless  prior  to
 release such person has a reasonable assurance of a job training program
 or  employment.  If  after release, such person ceases to be employed or
 ceases to participate in the training program, the [inmate's]  INCARCER-
 ATED  INDIVIDUAL'S privilege to participate in such work release program
 may be revoked in accordance with rules and regulations  promulgated  by
 the commissioner.
   4.  "Furlough  program" means a program under which eligible [inmates]
 INCARCERATED INDIVIDUALS may be granted the  privilege  of  leaving  the
 premises of an institution for a period not exceeding seven days for the
 purpose  of  seeking employment, maintaining family ties, solving family
 problems, seeking post-release housing, attending  a  short-term  educa-
 tional or vocational training course, or for any matter necessary to the
 furtherance of any such purposes.

 A. 2395                            135

   5.  "Community  services program" means a program under which eligible
 [inmates] INCARCERATED INDIVIDUALS may be granted the privilege of leav-
 ing the premises of an institution for a period not  exceeding  fourteen
 hours in any day for the purpose of participation in religious services,
 volunteer  work,  or athletic events, or for any matter necessary to the
 furtherance of any such purposes.
   6. "Leave of absence" means a privilege granted to an [inmate]  INCAR-
 CERATED  INDIVIDUAL,  who need not be an "eligible [inmate] INCARCERATED
 INDIVIDUAL," to leave the premises of an institution for the  period  of
 time necessary:
   (a)  to  visit  his or her spouse, child, brother, sister, grandchild,
 parent, grandparent or ancestral aunt or uncle during his  or  her  last
 illness if death appears to be imminent;
   (b) to attend the funeral of such individual;
   (c)  to  undergo surgery or to receive medical or dental treatment not
 available in the correctional  institution  only  if  deemed  absolutely
 necessary  to  the  health  and  well-being of the [inmate] INCARCERATED
 INDIVIDUAL and whose approval is granted by the commissioner or  his  OR
 HER designated representative.
   7.  "Educational  leave"  means  a  privilege  granted  to an eligible
 [inmate] INCARCERATED INDIVIDUAL to leave the premises of an institution
 for a period not exceeding fourteen hours in any day for the purpose  of
 education  or  vocational  training,  or for any matter necessary to the
 furtherance of any such purposes.
   8. "Industrial training leave" means a privilege granted to an  eligi-
 ble  [inmate] INCARCERATED INDIVIDUAL to leave the premises of an insti-
 tution for a period not exceeding fourteen hours  in  any  day  for  the
 purpose  of  participating in an industrial training program, or for any
 matter necessary to the furtherance of any such purpose.
   10. "Extended bounds of  confinement"  means  the  area  in  which  an
 [inmate]  INCARCERATED  INDIVIDUAL  participating in a temporary release
 program may travel, the routes he or she is permitted to use, the places
 he or she is authorized to visit, and  the  hours,  days,  or  specially
 defined period during which he or she is permitted to be absent from the
 premises of the institution.
   §  228-b.  Subdivision  2  of  section  851  of the correction law, as
 amended by chapter 447 of the laws of 1991,  the  opening  paragraph  as
 amended  by chapter 252 of the laws of 2005 and the closing paragraph as
 amended by section 43 of subpart B of part C of chapter 62 of  the  laws
 of 2011, is amended to read as follows:
   2.   "Eligible  [inmate]  INCARCERATED  INDIVIDUAL"  means:  a  person
 confined in an institution who is eligible for release on parole or  who
 will become eligible for release on parole or conditional release within
 two  years.  Provided,  that  a person under a determinate sentence as a
 second felony drug offender for a class  B  felony  offense  defined  in
 article  two hundred twenty of the penal law, who was sentenced pursuant
 to section 70.70 of such law, shall not be eligible to participate in  a
 temporary  release  program until the time served under imprisonment for
 his or her determinate sentence, including any jail time credited pursu-
 ant to the provisions of article seventy of the penal law, shall  be  at
 least  eighteen months. In the case of a person serving an indeterminate
 sentence of imprisonment imposed pursuant to the  penal  law  in  effect
 after  September  one, nineteen hundred sixty-seven, for the purposes of
 this article parole eligibility shall be  upon  the  expiration  of  the
 minimum period of imprisonment fixed by the court or where the court has
 not  fixed  any period, after service of the minimum period fixed by the

 A. 2395                            136
 
 state board of parole. If an [inmate] INCARCERATED INDIVIDUAL is  denied
 release  on  parole,  such [inmate] INCARCERATED INDIVIDUAL shall not be
 deemed an eligible [inmate] INCARCERATED INDIVIDUAL until he or  she  is
 within  two  years  of  his  or her next scheduled appearance before the
 state parole board. In any case where an [inmate] INCARCERATED  INDIVID-
 UAL  is  denied  release  on  parole  while participating in a temporary
 release program, the department shall review the status of the  [inmate]
 INCARCERATED  INDIVIDUAL  to  determine  if  continued  placement in the
 program is appropriate. No person convicted of any escape or  absconding
 offense  defined  in  article two hundred five of the penal law shall be
 eligible for temporary release. Nor shall any person under sentence  for
 any  sex  offense defined in article one hundred thirty of the penal law
 be eligible to participate in a community services program as defined in
 subdivision five of this  section.  Notwithstanding  the  foregoing,  no
 person who is an otherwise eligible [inmate] INCARCERATED INDIVIDUAL who
 is under sentence for a crime involving: (a) infliction of serious phys-
 ical  injury upon another as defined in the penal law, (b) a sex offense
 involving forcible compulsion, or (c) any other  offense  involving  the
 use  or threatened use of a deadly weapon may participate in a temporary
 release program without the written approval of  the  commissioner.  The
 commissioner shall promulgate regulations giving direction to the tempo-
 rary  release committee at each institution in order to aid such commit-
 tees in carrying out this mandate.
   The governor, by executive order, may exclude  or  limit  the  partic-
 ipation  of any class of otherwise eligible [inmates] INCARCERATED INDI-
 VIDUALS from participation in a temporary release  program.  Nothing  in
 this  paragraph  shall be construed to affect either the validity of any
 executive order previously issued limiting the participation  of  other-
 wise  eligible [inmates] INCARCERATED INDIVIDUALS in such program or the
 authority of the commissioner to impose appropriate regulations limiting
 such participation.
   § 228-c. Subdivisions 3, 4, 5, 6, 7, 8 and 10 of section  851  of  the
 correction  law,  subdivision  3  as  added by chapter 60 of the laws of
 1994, subdivisions 4, 5, 6, 7, 8 and 10 as amended by chapter 691 of the
 laws of 1977 and paragraph (a) of subdivision 6 as  amended  by  chapter
 107 of the laws of 1983, are amended to read as follows:
   3.  "Work  release  program"  means  a  program  under  which eligible
 [inmates] INCARCERATED INDIVIDUALS may be granted the privilege of leav-
 ing the premises of an institution for a period not  exceeding  fourteen
 hours  in  any day for the purpose of on-the-job training or employment,
 or for any matter necessary to the furtherance of any such purposes.  No
 person  shall  be  released  into a work release program unless prior to
 release such person has a reasonable assurance of a job training program
 or employment. If after release, such person ceases to  be  employed  or
 ceases  to participate in the training program, the [inmate's] INCARCER-
 ATED INDIVIDUAL'S privilege to participate in such work release  program
 may  be  revoked in accordance with rules and regulations promulgated by
 the commissioner.
   4. "Furlough program" means a program under which  eligible  [inmates]
 INCARCERATED  INDIVIDUALS  may  be  granted the privilege of leaving the
 premises of an institution for a period not exceeding seven days for the
 purpose of seeking employment, maintaining family ties,  solving  family
 problems,  seeking  post-release  housing, attending a short-term educa-
 tional or vocational training course, or for any matter necessary to the
 furtherance of any such purposes.

 A. 2395                            137
 
   5. "Community services program" means a program under  which  eligible
 [inmates] INCARCERATED INDIVIDUALS may be granted the privilege of leav-
 ing  the  premises of an institution for a period not exceeding fourteen
 hours in any day for the purpose of participation in religious services,
 volunteer  work,  or athletic events, or for any matter necessary to the
 furtherance of any such purposes.
   6. "Leave of absence" means a privilege granted to an [inmate]  INCAR-
 CERATED  INDIVIDUAL,  who need not be an "eligible [inmate] INCARCERATED
 INDIVIDUAL," to leave the premises of an institution for the  period  of
 time necessary:
   (a)  to  visit  his or her spouse, child, brother, sister, grandchild,
 parent, grandparent or ancestral aunt or uncle during his  or  her  last
 illness if death appears to be imminent;
   (b) to attend the funeral of such individual;
   (c)  to  undergo surgery or to receive medical or dental treatment not
 available in the correctional  institution  only  if  deemed  absolutely
 necessary  to  the  health  and  well-being of the [inmate] INCARCERATED
 INDIVIDUAL and whose approval is granted by the commissioner or  his  OR
 HER designated representative.
   7.  "Educational  leave"  means  a  privilege  granted  to an eligible
 [inmate] INCARCERATED INDIVIDUAL to leave the premises of an institution
 for a period not exceeding fourteen hours in any day for the purpose  of
 education  or  vocational  training,  or for any matter necessary to the
 furtherance of any such purposes.
   8. "Industrial training leave" means a privilege granted to an  eligi-
 ble  [inmate] INCARCERATED INDIVIDUAL to leave the premises of an insti-
 tution for a period not exceeding fourteen hours  in  any  day  for  the
 purpose  of  participating in an industrial training program, or for any
 matter necessary to the furtherance of any such purpose.
   10. "Extended bounds of  confinement"  means  the  area  in  which  an
 [inmate]  INCARCERATED  INDIVIDUAL  participating in a temporary release
 program may travel, the routes he or she is permitted to use, the places
 he or she is authorized to visit, and  the  hours,  days,  or  specially
 defined period during which he or she is permitted to be absent from the
 premises of the institution.
   § 228-d. Subdivisions 2, 3 and 4 of section 851 of the correction law,
 as  added  by  chapter  472  of the laws of 1969, are amended to read as
 follows:
   2. "Eligible [inmate] INCARCERATED INDIVIDUAL" means a person confined
 in an institution where a work release program has been established  who
 is  eligible  for  release  on  parole  or  who will become eligible for
 release on parole within one year.
   3. "Work  release  program"  means  a  program  under  which  eligible
 [inmates]  INCARCERATED INDIVIDUAL may be granted the privilege of leav-
 ing the premises of an institution for the purpose of education, on-the-
 job training or employment.
   4. "Extended bounds  of  confinement"  means  the  area  in  which  an
 [inmate] INCARCERATED INDIVIDUAL participating in a work release program
 may  travel,  the routes he OR SHE is permitted to use, the places he OR
 SHE is authorized to visit, and the hours, not exceeding fourteen  hours
 in any day, he OR SHE is permitted to be absent from the premises of the
 institution.
   §  229.  Subdivisions  1,  3, 4 and 5 of section 852 of the correction
 law, subdivisions 1, 3 and 4 as amended by chapter 691 of  the  laws  of
 1977  and  subdivision 5 as amended by section 44 of subpart B of part C
 of chapter 62 of the laws of 2011, are amended to read as follows:

 A. 2395                            138
 
   1. The commissioner, guided by consideration for  the  safety  of  the
 community and the welfare of the [inmate] INCARCERATED INDIVIDUAL, shall
 review  and  evaluate  all  existing  rules,  regulations and directives
 relating to current temporary release programs and consistent  with  the
 provisions  of  this article for the administration of temporary release
 programs shall by January first, nineteen hundred seventy-eight  promul-
 gate  new  rules  and  regulations  for  the  various forms of temporary
 release. Such rules and regulations shall reflect the  purposes  of  the
 different  programs  and  shall  include but not be limited to selection
 criteria, supervision and procedures for the disposition of each  appli-
 cation.
   3. Work release programs may be established only at institutions clas-
 sified  by  the  commissioner  as  work  release facilities. Educational
 release programs may be established only  at  those  educational  insti-
 tutions  which  shall  maintain  attendance  records  for  participating
 [inmates] INCARCERATED INDIVIDUALS.
   4. The commissioner shall designate in the rules  and  regulations  of
 the  department  appropriate  employees  or  an  appropriate unit of the
 department to be responsible  for  (a)  securing  education,  on-the-job
 training  and  employment opportunities for [inmates] INCARCERATED INDI-
 VIDUALS who are eligible to participate in a work release  program,  and
 (b)  assisting  such  [inmates]  INCARCERATED  INDIVIDUALS in such other
 manner as necessary or desirable to assure the success of the program.
   5. All [inmates] INCARCERATED INDIVIDUALS participating  in  temporary
 release  programs  shall be assigned to parole officers for supervision.
 As part of the parole officer's supervisory functions he or she shall be
 required to provide reports every two months on each [inmate]  INCARCER-
 ATED  INDIVIDUAL  under  his  or  her  supervision.   Such reports shall
 include but not be limited to:
   (a) an evaluation of the individual's participation in such program;
   (b) a statement of any problems and the manner in which such  problems
 were   resolved  relative  to  an  individual's  participation  in  such
 programs; and
   (c) a  recommendation  with  respect  to  the  individual's  continued
 participation in the program.
   §  229-a.  Subdivision  2  of  section  852  of the correction law, as
 amended by section 45 of subpart B of part C of chapter 62 of  the  laws
 of 2011, is amended to read as follows:
   2. The department shall be responsible for securing appropriate educa-
 tion,  on-the-job  training  and  employment  opportunities for eligible
 [inmates] INCARCERATED INDIVIDUALS and shall supervise [inmates]  INCAR-
 CERATED  INDIVIDUALS during their participation in work release programs
 outside the premises of institutions.
   § 230. Subdivisions (a), (b), (e)  and  (f)  of  section  853  of  the
 correction  law,  as  amended  by  chapter  757 of the laws of 1981, are
 amended to read as follows:
   (a) number of [inmate] INCARCERATED INDIVIDUAL  participants  in  each
 temporary release program;
   (b)  number  of  [inmates]  INCARCERATED  INDIVIDUALS participating in
 temporary release for whom written  approval  of  the  commissioner  was
 required  pursuant to subdivision two of section eight hundred fifty-one
 of this chapter;
   (e) number of [inmates] INCARCERATED INDIVIDUALS arrested;
   (f) [inmates]  INCARCERATED  INDIVIDUALS  involuntarily  returned  for
 violations by institution;

 A. 2395                            139
 
   § 231. Section 855 of the correction law, as amended by chapter 691 of
 the laws of 1977, subdivision 6 as amended by section 47 of subpart B of
 part C of chapter 62 of the laws of 2011, is amended to read as follows:
   § 855. Procedure for temporary release of [inmates] INCARCERATED INDI-
 VIDUALS.  1.  A  person  confined  in  an institution designated for the
 conduct of work release programs who is an eligible [inmate] INCARCERAT-
 ED INDIVIDUAL, may make application to the temporary  release  committee
 of  the  institution  for  permission  to  participate in a work release
 program.
   2. Any eligible [inmate] INCARCERATED INDIVIDUAL may make  application
 to  the  temporary  release  committee  for  participation in a furlough
 program or community services program, or  for  an  industrial  training
 leave or educational leave.
   3.  Any  [inmate]  INCARCERATED INDIVIDUAL may make application to the
 temporary release committee for a leave of  absence  provided,  however,
 that  in  exigent circumstances such application may be made directly to
 the superintendent of the institution and the superintendent  may  exer-
 cise  all  of  the  powers  of  the temporary release committee subject,
 however, to any limitation or requirement set forth  in  the  rules  and
 regulations  of  the department and subject further to the discretion of
 the commissioner. All leave of  absences  provided  in  exigent  circum-
 stances  shall  state  the  reasons  for  approval or disapproval of the
 application and shall be included in the [inmate's]  INCARCERATED  INDI-
 VIDUAL'S institutional parole file.
   4.  If  the  temporary  release  committee determines that a temporary
 release program for the applicant is consistent with the safety  of  the
 community and the welfare of the applicant, and is consistent with rules
 and regulations of the department, the committee, with the assistance of
 the  employees or unit designated by the commissioner pursuant to subdi-
 vision four of section eight hundred fifty-two of  this  article,  shall
 develop  a  suitable  program  of  temporary  release for the applicant.
 Consistent with these provisions, any educational  leave  program  shall
 consider the scheduling of classes to insure a reduction of release time
 not spent in educational pursuits.
   5.  The  committee  shall  then prepare a memorandum setting forth the
 details of the temporary release program including the  extended  bounds
 of  confinement and any other matter required by rules or regulations of
 the department. Such memorandum shall be transmitted to the  superinten-
 dent  who  may approve or reject the program, subject to rules and regu-
 lations promulgated by the commissioner. If the superintendent  approves
 the  program, he OR SHE shall indicate such approval in writing by sign-
 ing the memorandum. If the superintendent rejects the program, he OR SHE
 shall state his OR HER reasons in writing and  a  copy  of  his  OR  HER
 statement  shall be given to the [inmate] INCARCERATED INDIVIDUAL and to
 the commissioner and such decision shall be reviewed by the  commission-
 er.  If  the commissioner rejects the program, he OR SHE shall state his
 OR HER reasons in writing. A copy of such statement shall  be  filed  in
 the [inmate's] INCARCERATED INDIVIDUAL'S institutional file.
   6. In order for an applicant to accept a program of temporary release,
 such [inmate] INCARCERATED INDIVIDUAL shall agree to be bound by all the
 terms  and conditions thereof and shall indicate such agreement by sign-
 ing the memorandum of the program immediately below a statement  reading
 as follows: "I accept the foregoing program and agree to be bound by the
 terms  and  conditions  thereof.  I  understand that I will be under the
 supervision of the state department of corrections and community  super-
 vision  while I am away from the premises of the institution and I agree

 A. 2395                            140

 to comply with the instructions of any parole officer or other  employee
 of the department assigned to supervise me. I understand that my partic-
 ipation  in the program is a privilege which may be revoked at any time,
 and  that  if I violate any provision of the program I may be taken into
 custody by any peace officer or police officer and I will be subject  to
 disciplinary  procedures.  I  further understand that if I intentionally
 fail to return to the institution at or before the time specified in the
 memorandum I may be found guilty of a felony." Such agreement  shall  be
 placed  on  file at the institution from which such temporary release is
 granted.
   7. After approving the program of temporary release,  the  superinten-
 dent  may  then  permit  an  [inmate]  INCARCERATED  INDIVIDUAL  who has
 accepted such program to go outside  the  premises  of  the  institution
 within the limits of the extended bounds of confinement described in the
 memorandum;  provided,  however,  that  no  such permission shall become
 effective in the case of a work release or furlough program prior to the
 time at which the person to be released  becomes  an  eligible  [inmate]
 INCARCERATED INDIVIDUAL.
   8. At least three days before releasing an [inmate] INCARCERATED INDI-
 VIDUAL  on  a temporary release program, the superintendent shall notify
 in writing the sheriff or chief of police of the  community  into  which
 the [inmate] INCARCERATED INDIVIDUAL is to be released.
   9.  Participation in a temporary release program shall be a privilege.
 Nothing contained in this article may be construed to  confer  upon  any
 [inmate] INCARCERATED INDIVIDUAL the right to participate, or to contin-
 ue to participate, in a temporary release program. The superintendent of
 the  institution  may at any time, and upon recommendation of the tempo-
 rary release committee or of the commissioner or of the chairman of  the
 state  board  of  parole  or  his  OR  HER  designee  shall,  revoke any
 [inmate's] INCARCERATED  INDIVIDUAL'S  privilege  to  participate  in  a
 program  of temporary release in accordance with regulations promulgated
 by the commissioner.
   § 231-a. The section heading, subdivisions 1, 5 and 6 of  section  853
 of  the correction law, as added by chapter 472 of the laws of 1969, are
 amended to read as follows:
   Procedure for release of eligible [inmates] INCARCERATED  INDIVIDUALS.
 1.  A  person  confined  in an institution designated for the conduct of
 work release programs who is, or who within ninety days will become,  an
 eligible  [inmate]  INCARCERATED INDIVIDUAL, may make application to the
 work release committee of the institution for permission to  participate
 in a work release program.
   5.  After  approving  the program of work release, the warden may then
 permit an eligible [inmate] INCARCERATED  INDIVIDUAL  who  has  accepted
 such  program  to  go outside the premises of the institution within the
 limits of the extended bounds of confinement described in  the  memoran-
 dum.
   6. Participation in a work release program shall be a privilege. Noth-
 ing  contained  in  this  article  may  be  construed to confer upon any
 [inmate] INCARCERATED INDIVIDUAL the right to participate, or to contin-
 ue to participate, in a work release program. The warden of the institu-
 tion may at any time,  and  upon  recommendation  of  the  work  release
 committee  or of the chairman of the state board of parole or his OR HER
 designee shall, revoke any [inmate's] INCARCERATED  INDIVIDUAL'S  privi-
 lege to participate in a program of work release.

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   § 232. Section 856 of the correction law, as amended by chapter 691 of
 the  laws of 1977, subdivisions 1 and 4 as amended by chapter 843 of the
 laws of 1980, is amended to read as follows:
   §  856. Conduct of [inmates] INCARCERATED INDIVIDUALS participating in
 a temporary release program. 1. An [inmate] INCARCERATED INDIVIDUAL  who
 is permitted to leave the premises of an institution to participate in a
 temporary release program shall have on his or her person a card identi-
 fying  him  or  her  as  a participant in a temporary release program as
 signed by the superintendent of  the  institution  at  all  times  while
 outside  the  premises of the institution and shall exhibit such card to
 any peace officer or police officer upon request of  such  officer.  The
 commissioner  may,  by  regulation,  require such information, including
 effective dates, to be included in such card as he  OR  SHE  shall  deem
 necessary and proper.
   2.  If  the [inmate] INCARCERATED INDIVIDUAL violates any provision of
 the program, or any rule or regulation promulgated by  the  commissioner
 for  conduct  of  [inmates]  INCARCERATED  INDIVIDUALS  participating in
 temporary release programs, such [inmate] INCARCERATED INDIVIDUAL  shall
 be  subject  to disciplinary measures to the same extent as if he or she
 violated a rule  or  regulation  of  the  commissioner  for  conduct  of
 [inmates]  INCARCERATED  INDIVIDUALS within the premises of the institu-
 tion. The failure of an [inmate] INCARCERATED INDIVIDUAL to  voluntarily
 return  to the institution of his OR HER confinement more than ten hours
 after his OR HER prescribed time of return  shall  create  a  rebuttable
 presumption  that  the  failure  to return was intentional. Any [inmate]
 INCARCERATED INDIVIDUAL who is found to  have  intentionally  failed  to
 return  pursuant  to this subdivision shall be an absconder in violation
 of his OR HER temporary release program and  will  not  be  an  eligible
 [inmate]  INCARCERATED  INDIVIDUAL  as  defined  in  subdivision  two of
 section eight hundred fifty-one of this chapter. The  creation  of  such
 rebuttable  presumption  shall  not be admissible in any court of law as
 evidence of the commission of any crime defined in the penal law. A full
 report of any such violation, a summary of the facts and findings of the
 disciplinary hearing and disciplinary  measures  taken,  shall  be  made
 available to the board for the [inmate's] INCARCERATED INDIVIDUAL'S next
 scheduled  appearance  before  the  state  board of parole including any
 defense or explanation offered by the [inmate]  INCARCERATED  INDIVIDUAL
 in response at such hearing.
   3. The provisions of this chapter relating to good behavior allowances
 shall  apply  to  behavior  of  [inmates] INCARCERATED INDIVIDUALS while
 participating in temporary release  programs  outside  the  premises  of
 institutions, and such allowances may be granted, withheld, forfeited or
 cancelled  in  whole  or in part for behavior outside the premises of an
 institution to the same extent and in the same manner as is provided for
 behavior of [inmates] INCARCERATED INDIVIDUALS within  the  premises  of
 institutions.
   4.  An  [inmate]  INCARCERATED  INDIVIDUAL  who is in violation of the
 provisions of his or her temporary release program  may  be  taken  into
 custody  by  any peace officer or police officer and, in such event, the
 [inmate] INCARCERATED INDIVIDUAL shall be returned forthwith  to  either
 the  institution  that  released  him  or  her, or to the nearest secure
 facility where greater security is indicated.  In  any  case  where  the
 institution  is  in  a  county  other than the one in which the [inmate]
 INCARCERATED INDIVIDUAL is apprehended,  the  officer  may  deliver  the
 [inmate]  INCARCERATED  INDIVIDUAL  to  the nearest institution, jail or
 lockup and it shall be the duty of the person in charge of said facility

 A. 2395                            142

 to hold such [inmate] INCARCERATED INDIVIDUAL securely until  such  time
 as he or she is delivered into the custody of an officer of the institu-
 tion  from  which  he  or she was released. Upon delivering the [inmate]
 INCARCERATED  INDIVIDUAL  to  an institution, jail or lockup, other than
 the one from which the [inmate] INCARCERATED  INDIVIDUAL  was  released,
 the  officer  who apprehended the [inmate] INCARCERATED INDIVIDUAL shall
 forthwith notify the superintendent of the institution  from  which  the
 [inmate]  INCARCERATED  INDIVIDUAL was released and it shall be the duty
 of the superintendent to effect the expeditious return of  the  [inmate]
 INCARCERATED INDIVIDUAL to the institution.
   5.  Upon the conclusion or termination of a temporary release program,
 a full report of the [inmate's] INCARCERATED INDIVIDUAL'S performance in
 such program shall be prepared in accordance  with  regulations  of  the
 commissioner.  Such  report shall include but not be limited to: adjust-
 ment to release, supervision contacts, statement of  any  violations  of
 the  terms  and  conditions  of  release and of any disciplinary actions
 taken, and an assessment of  the  [inmate's]  INCARCERATED  INDIVIDUAL'S
 suitability for parole. Such report shall be made available to the state
 board of parole for the [inmate's] INCARCERATED INDIVIDUAL'S next sched-
 uled appearance before such board.
   § 232-a. Section 854 of the correction law, as added by chapter 472 of
 the laws of 1969, subdivision 2 as amended by section 46 of subpart B of
 part C of section 62 of the laws of 2011, is amended to read as follows:
   §  854. Conduct of [inmates] INCARCERATED INDIVIDUALS participating in
 work release program. 1. An  [inmate]  INCARCERATED  INDIVIDUAL  who  is
 permitted  to  leave  the premises of an institution to participate in a
 program of work release shall have on his OR HER person a  copy  of  the
 memorandum of that program as signed by the warden of the institution at
 all times while outside the premises of the institution and shall exhib-
 it such copy to any peace officer upon request of the officer.
   2.  If  the [inmate] INCARCERATED INDIVIDUAL violates any provision of
 the program, or any rule or regulation promulgated by  the  commissioner
 of corrections and community supervision for conduct of [inmates] INCAR-
 CERATED  INDIVIDUALS  participating  in work release programs, he or she
 shall be subject to disciplinary measures to the same extent as if he or
 she violated a rule or regulation of the  commissioner  for  conduct  of
 [inmates]  INCARCERATED  INDIVIDUALS within the premises of the institu-
 tion.
   3. The provisions of this chapter relating to good behavior allowances
 shall apply to behavior  of  [inmates]  INCARCERATED  INDIVIDUALS  while
 participating  in  work  release programs outside the premises of insti-
 tutions, and such allowances may  be  granted,  withheld,  forfeited  or
 cancelled  in  whole  or in part for behavior outside the premises of an
 institution to the same extent and in the same manner as is provided for
 behavior of [inmates] INCARCERATED INDIVIDUALS within  the  premises  of
 institutions.
   4.  An  [inmate]  INCARCERATED  INDIVIDUAL  who is in violation of the
 provisions of his OR HER work release program may be taken into  custody
 by any peace officer and, in such event, the [inmate] INCARCERATED INDI-
 VIDUAL  shall be returned forthwith to the institution that released him
 OR HER.  In any case where the institution is in a county other than the
 one in which the [inmate] INCARCERATED INDIVIDUAL  is  apprehended,  the
 officer  may deliver the [inmate] INCARCERATED INDIVIDUAL to the nearest
 institution, jail or lockup and it shall be the duty of  the  person  in
 charge  of  said  facility to hold such [inmate] INCARCERATED INDIVIDUAL
 securely until such time as he OR SHE is delivered into  custody  of  an

 A. 2395                            143
 
 officer  of  the  institution  from  which  he OR SHE was released. Upon
 delivering the [inmate] INCARCERATED INDIVIDUAL to an institution,  jail
 or  lockup,  other  than  the one from which he OR SHE was released, the
 peace officer who apprehended the [inmate] INCARCERATED INDIVIDUAL shall
 forthwith  notify  the warden of the institution from which the [inmate]
 INCARCERATED INDIVIDUAL was released and it shall be  the  duty  of  the
 warden  to  effect  the  expeditious return of the [inmate] INCARCERATED
 INDIVIDUAL to the institution.
   § 233. Section 858 of the correction law, as added by chapter  472  of
 the  laws  of 1969 and as renumbered by chapter 691 of the laws of 1977,
 is amended to read as follows:
   § 858. Application of labor laws.  The laws of the state and its poli-
 tical subdivisions with respect to employment conditions shall apply  to
 [inmates]   INCARCERATED   INDIVIDUALS  participating  in  work  release
 programs.
   § 234. Section 859 of the correction law, as added by chapter  472  of
 the  laws  of 1969 and as renumbered by chapter 691 of the laws of 1977,
 is amended to read as follows:
   § 859. When employment prohibited.  No employment under a work release
 program may be approved or continued if (a) such employment  results  in
 the displacement of employed workers, or is applied in skills, crafts or
 trades  in  which there is a surplus of available labor in the locality,
 or (b) the rates of pay and other conditions of employment  are  not  at
 least  equal to those paid or provided for work of similar nature in the
 locality in which the work is to be performed, or (c) there is any labor
 strike or lockout in the establishment in which the [inmate] INCARCERAT-
 ED INDIVIDUAL is employed.
   § 235. Section 860 of the correction law, as added by chapter  472  of
 the  laws  of 1969 and as renumbered by chapter 691 of the laws of 1977,
 subdivision 4 as added and subdivision 5 as renumbered by chapter 233 of
 the laws of 1985, is amended to read as follows:
   § 860. Disposition of earnings.  The earnings of an [inmate] INCARCER-
 ATED INDIVIDUAL participating  in  a  work  release  program,  less  any
 payroll  deductions  required or authorized by law, shall be turned over
 to the warden who shall deposit such receipts as [inmates'] INCARCERATED
 INDIVIDUALS' funds pursuant to section one hundred sixteen of this chap-
 ter. Such receipts shall not be subject to attachment or garnishment  in
 the  hands  of  the warden. The commissioner of correction may authorize
 the warden to make disbursements of such receipts, and such receipts may
 be disbursed, for any or all of the following purposes:
   1. Appropriate and reasonable costs related to the  [inmate's]  INCAR-
 CERATED INDIVIDUAL'S participation in the work release program;
   2. Support of the [inmate's] INCARCERATED INDIVIDUAL'S dependents;
   3. Payment of fines imposed by any court;
   4.  Payment  of  any  court  ordered  restitution or reparation to the
 victim of the [inmate's] INCARCERATED INDIVIDUAL'S crime.
   5. Purchases by the [inmate] INCARCERATED INDIVIDUAL from the  commis-
 sary of the institution.
   The  balance  of  such  receipts,  if any, after disbursements for the
 foregoing purposes shall be paid to the [inmate] INCARCERATED INDIVIDUAL
 upon termination of his OR HER imprisonment.
   § 236. Section 861 of the correction law, as added by chapter  472  of
 the  laws  of 1969 and as renumbered by chapter 691 of the laws of 1977,
 is amended to read as follows:
   § 861.  [Inmate]  INCARCERATED  INDIVIDUAL  not  agent  of  state.  An
 [inmate] INCARCERATED INDIVIDUAL participating in a work release program

 A. 2395                            144
 
 shall  not,  merely by reason of such participation, be deemed an agent,
 employee or servant of the state while outside the premises of an insti-
 tution pursuant to the terms of a work release program.
   §  237.  Subdivisions  1  and  2 of section 865 of the correction law,
 subdivision 1 as amended by section 2 of part KK of chapter  55  of  the
 laws  of  2019  and  subdivision  2 as amended by section 2 of part L of
 chapter 56 of the laws of 2009, are amended to read as follows:
   1.  "Eligible  [inmate]  INCARCERATED  INDIVIDUAL"  means   a   person
 sentenced  to  an  indeterminate  term  of  imprisonment who will become
 eligible for release on parole within three  years  or  sentenced  to  a
 determinate  term  of  imprisonment  who will become eligible for condi-
 tional release within three years, who has not reached the age of  fifty
 years,  who  has  not  previously  been convicted of a violent felony as
 defined in article seventy of the penal law, or a felony  in  any  other
 jurisdiction  which  includes  all of the essential elements of any such
 violent felony, upon which  an  indeterminate  or  determinate  term  of
 imprisonment  was  imposed  and  who was between the ages of sixteen and
 fifty years at the time of commission of the crime upon which his or her
 present sentence was based. Notwithstanding the foregoing, no person who
 is convicted of any of the following crimes shall be deemed eligible  to
 participate  in this program: (a) a violent felony offense as defined in
 article seventy of the penal law; provided, however, that a  person  who
 is  convicted of burglary in the second degree as defined in subdivision
 two of section 140.25 of the penal law, or robbery in the second  degree
 as  defined in subdivision one of section 160.10 of the penal law, or an
 attempt thereof, is eligible to participate, (b) an A-I felony  offense,
 (c)  any  homicide offense as defined in article one hundred twenty-five
 of the penal law, (d) any felony sex offense as defined in  article  one
 hundred thirty of the penal law and (e) any escape or absconding offense
 as defined in article two hundred five of the penal law.
   2.  "Shock  incarceration  program"  means a program pursuant to which
 eligible [inmates] INCARCERATED INDIVIDUALS are selected to  participate
 in the program and serve a period of six months in a shock incarceration
 facility,  which  shall  provide  rigorous  physical activity, intensive
 regimentation and discipline and rehabilitation therapy and programming.
 Such [inmates] INCARCERATED INDIVIDUALS may be selected either: (i) at a
 reception center; or (ii) at a general  confinement  facility  when  the
 otherwise  eligible [inmate] INCARCERATED INDIVIDUAL then becomes eligi-
 ble for release on parole within three years in the case of an  indeter-
 minate  term  of  imprisonment, or then becomes eligible for conditional
 release within three years in the case of a determinate term  of  impri-
 sonment.
   §  238.  Subdivisions  1  and  2 of section 866 of the correction law,
 subdivision 1 as added by chapter 261 of the laws of 1987  and  subdivi-
 sion  2  as  amended by section 3 of part L of chapter 56 of the laws of
 2009, are amended to read as follows:
   1. The commissioner, guided by consideration for  the  safety  of  the
 community and the welfare of the [inmate] INCARCERATED INDIVIDUAL, shall
 promulgate  rules  and  regulations for the shock incarceration program.
 Such rules and regulations shall reflect the purpose of the program  and
 shall  include,  but  not  be  limited  to, selection criteria, [inmate]
 INCARCERATED INDIVIDUAL discipline,  programming  and  supervision,  and
 program structure and administration.
   2.  The  commissioner  shall  appoint or cause to be appointed a shock
 incarceration selection committee at one or more designated correctional
 facilities, which shall meet on a regularly scheduled  basis  to  review

 A. 2395                            145
 
 all  eligible  [inmates]  INCARCERATED  INDIVIDUALS  transferred to such
 facility for screening and all applications for the shock  incarceration
 program.
   §  239.  Section 867 of the correction law, as added by chapter 261 of
 the laws of 1987, subdivision 1 as amended by chapter 55 of the laws  of
 1992, subdivision 2-a as added by section 2 of part AAA of chapter 56 of
 the laws of 2009 and subdivision 4 as amended by chapter 738 of the laws
 of 2004, is amended to read as follows:
   §  867. Procedure for selection of participants in shock incarceration
 program. 1. An eligible [inmate] INCARCERATED  INDIVIDUAL  may  make  an
 application  to  the shock incarceration screening committee for permis-
 sion to participate in the shock incarceration program.
   2. If the shock incarceration screening committee determines  that  an
 [inmate's]  INCARCERATED  INDIVIDUAL'S participation in the shock incar-
 ceration program is consistent with the safety  of  the  community,  the
 welfare  of  the  applicant and the rules and regulations of the depart-
 ment, the committee shall forward the application to the commissioner or
 his designee for approval or disapproval.
   2-a. Subdivisions one and two of this section shall apply to  a  judi-
 cially  sentenced  shock  incarceration [inmate] INCARCERATED INDIVIDUAL
 only to the extent that the screening committee  may  determine  whether
 the  [inmate]  INCARCERATED  INDIVIDUAL  has  a medical or mental health
 condition that will render the [inmate] INCARCERATED  INDIVIDUAL  unable
 to successfully complete the shock incarceration program, and the facil-
 ity  in  which  the [inmate] INCARCERATED INDIVIDUAL will participate in
 such program. Notwithstanding  subdivision  five  of  this  section,  an
 [inmate]  INCARCERATED INDIVIDUAL sentenced to shock incarceration shall
 promptly commence participation in the program when such [inmate] INCAR-
 CERATED INDIVIDUAL  is  an  eligible  [inmate]  INCARCERATED  INDIVIDUAL
 pursuant  to subdivision one of section eight hundred sixty-five of this
 article.
   3. Applicants cannot participate in the  shock  incarceration  program
 unless  they  agree  to be bound by all the terms and conditions thereof
 and indicate such agreement by signing the  memorandum  of  the  program
 immediately below a statement reading as follows:
   "I accept the foregoing program and agree to be bound by the terms and
 conditions thereof. I understand that my participation in the program is
 a  privilege  that  may be revoked at any time at the sole discretion of
 the commissioner. I understand that I  must  successfully  complete  the
 entire  program  to  obtain a certificate of earned eligibility upon the
 completion of said program, and in the event that I do not  successfully
 complete  said  program,  for  any  reason,  I  will be transferred to a
 nonshock incarceration correctional facility to continue service  of  my
 sentence."
   4.  An [inmate] INCARCERATED INDIVIDUAL who has successfully completed
 a shock incarceration program  shall  be  eligible  to  receive  such  a
 certificate of earned eligibility pursuant to section eight hundred five
 of  this  chapter.    Notwithstanding  any  other  provision  of law, an
 [inmate] INCARCERATED INDIVIDUAL sentenced to a determinate sentence  of
 imprisonment  who  has  successfully  completed  a  shock  incarceration
 program shall be eligible to receive such a certificate of earned eligi-
 bility and shall be immediately eligible to be conditionally released.
   5. Participation in the shock incarceration program shall be a  privi-
 lege.  Nothing contained in this article may be construed to confer upon
 any [inmate] INCARCERATED INDIVIDUAL the right to participate or contin-
 ue to participate therein.

 A. 2395                            146
 
   § 240. Paragraph (h) of subdivision 5 of section 220.10 of the  crimi-
 nal  procedure  law,  as  added  by  chapter  92 of the laws of 1996, is
 amended to read as follows:
   (h)  Where the indictment charges the class E felony offense of aggra-
 vated harassment of an employee by an [inmate]  INCARCERATED  INDIVIDUAL
 as  defined  in  section  240.32 of the penal law, then a plea of guilty
 must include at least a plea of guilty to a class E felony.
   § 241. The closing paragraph of subdivision 5 of section 420.10 of the
 criminal procedure law, as separately amended by chapters 233 and 506 of
 the laws of 1985, is amended to read as follows:
   For the purposes of this subdivision, the court  shall  not  determine
 that  the defendant is unable to pay the fine, restitution or reparation
 ordered solely because  of  such  defendant's  incarceration  but  shall
 consider all the defendant's sources of income including, but not limit-
 ed  to,  moneys in the possession of an [inmate] INCARCERATED INDIVIDUAL
 at the time of his OR HER admission into such facility, funds earned  by
 him  OR  HER in a work release program as defined in subdivision four of
 section one hundred fifty of the correction law, funds earned by him  OR
 HER  as  provided  for  in  section  one  hundred  eighty-seven  of  the
 correction law and any other funds received by him OR HER or on  his  OR
 HER  behalf and deposited with the superintendent or the municipal offi-
 cial of the facility where the person is confined.
   § 242. Subdivision 1 of section 440.50 of the criminal procedure  law,
 as  amended  by  chapter  193 of the laws of 2017, is amended to read as
 follows:
   1. Upon the request of a victim of a crime, or in  any  event  in  all
 cases  in which the final disposition includes a conviction of a violent
 felony offense as defined in section 70.02 of the penal  law,  a  felony
 defined  in  article  one  hundred  twenty-five of such law, or a felony
 defined in article one hundred thirty of such law, the district attorney
 shall, within sixty days of the final disposition of  the  case,  inform
 the  victim  by letter of such final disposition. If such final disposi-
 tion results in the commitment of the defendant to the  custody  of  the
 department of corrections and community supervision for an indeterminate
 sentence,  the notice provided to the crime victim shall also inform the
 victim of his or her right to submit a  written,  audiotaped,  or  vide-
 otaped  victim  impact  statement  to  the department of corrections and
 community supervision or to meet personally with a member of  the  state
 board of parole at a time and place separate from the personal interview
 between  a  member or members of the board and the [inmate] INCARCERATED
 INDIVIDUAL and make such a statement, subject to procedures and  limita-
 tions  contained in rules of the board, both pursuant to subdivision two
 of section two hundred fifty-nine-i of the executive law. A copy of such
 letter shall be provided to the board of parole. The right of the victim
 under this subdivision to submit a written victim impact statement or to
 meet personally with a member of the state board of  parole  applies  to
 each personal interview between a member or members of the board and the
 [inmate] INCARCERATED INDIVIDUAL.
   § 243. Article VIII and paragraph 5 of article IX of section 580.20 of
 the criminal procedure law are amended to read as follows:
                               ARTICLE VIII
   This  agreement  shall  enter into full force and effect as to a party
 state when such state has enacted the same into law.  A state  party  to
 this agreement may withdraw herefrom by enacting a statute repealing the
 same.   However, the withdrawal of any state shall not affect the status
 of any proceedings already initiated by [inmates] INCARCERATED  INDIVID-

 A. 2395                            147
 
 UALS  or by state officers at the time such withdrawal takes effect, nor
 shall it affect their rights in respect thereof.
   5.  It shall be lawful and mandatory upon the warden or other official
 in  charge  of a penal or correctional institution in this state to give
 over the person of any [inmate] INCARCERATED INDIVIDUAL thereof whenever
 so required by the operation of the agreement on detainers.
   § 244. Section 2222-a of  the  surrogate's  court  procedure  act,  as
 amended  by section 167 of subpart B of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
 § 2222-a. Notice of legacy or distributive  share  payable  to  [inmate]
             INCARCERATED INDIVIDUAL or prisoner
   Where the legatee, distributee or beneficiary is an [inmate] INCARCER-
 ATED  INDIVIDUAL  serving  a  sentence  of  imprisonment  with the state
 department of  corrections  and  community  supervision  or  a  prisoner
 confined  at  a local correctional facility, the court shall give prompt
 written notice to the office of victim services, and at  the  same  time
 direct  that no payment be made to such [inmate] INCARCERATED INDIVIDUAL
 or prisoner for a period of thirty days following the date of  entry  of
 the order containing such direction.
   §  245.  Section 85 of the New York city criminal court act is amended
 to read as follows:
   § 85. Segregation of certain women. Whenever any woman is  accused  or
 convicted  before  the  court  of any crime arising out of an industrial
 dispute, such woman shall be segregated from the other [inmates]  INCAR-
 CERATED  INDIVIDUALS thereof in any jail, prison or institution to which
 she may be committed.
   § 246. Subdivision 9 of section 10 of the  court  of  claims  act,  as
 amended  by  section 67 of subpart B of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   9. A claim of any [inmate] INCARCERATED INDIVIDUAL in the  custody  of
 the  department of corrections and community supervision for recovery of
 damages for injury to or loss of personal  property  may  not  be  filed
 unless  and until the [inmate] INCARCERATED INDIVIDUAL has exhausted the
 personal  property  claims  administrative   remedy,   established   for
 [inmates] INCARCERATED INDIVIDUALS by the department. Such claim must be
 filed  and served within one hundred twenty days after the date on which
 the [inmate] INCARCERATED INDIVIDUAL has exhausted such remedy.
   § 247. Subdivision 6-a of section 20 of the court of  claims  act,  as
 amended  by  section 68 of subpart B of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   6-a. Notwithstanding the provisions of subdivisions five,  five-a  and
 six of this section, in any case where a judgment or any part thereof is
 to  be paid to an [inmate] INCARCERATED INDIVIDUAL serving a sentence of
 imprisonment with the state  department  of  corrections  and  community
 supervision  or to a prisoner confined at a local correctional facility,
 the comptroller shall give  written  notice,  if  required  pursuant  to
 subdivision  two  of  section  six hundred thirty-two-a of the executive
 law, to the office of victim services that such judgment shall  be  paid
 thirty days after the date of such notice.
   §  248. Section 20-a of the court of claims act, as amended by section
 69 of subpart B of part C of chapter 62 of the laws of 2011, is  amended
 to read as follows:
   §   20-a.  Settlement  of  claims.  Notwithstanding  any  inconsistent
 provision of this act or of the state finance law, the comptroller shall
 examine, audit, and certify for payment  the  settlement  of  any  claim
 filed  in  the  court  of claims for injuries to personal property, real

 A. 2395                            148
 
 property, or for personal injuries caused by the tort of an  officer  or
 employee of the state while acting as such officer or employee, provided
 that a stipulation of settlement executed by the parties shall have been
 approved by order of the court. No such stipulation shall be executed on
 behalf of the state without, after consultation with the director of the
 budget,  the  approval  of  the  head of the department or agency having
 supervision of the officer or employee alleged to have caused the  inju-
 ries  and  of  the  attorney general. The attorney general shall cause a
 review to be made within the department of law of all cases filed in the
 court of claims to determine which cases are  appropriate  for  possible
 settlement.  Payment  of  any  claim  made pursuant to the approval of a
 settlement by the court shall be made from the  funds  appropriated  for
 the  purpose  of  payment  of  judgments  against  the state pursuant to
 section twenty of this act. In any case where payment is to be  made  to
 an  [inmate]  INCARCERATED INDIVIDUAL serving a sentence of imprisonment
 with the state department of corrections and community supervision or to
 a prisoner confined at a local correctional facility, the procedures set
 forth in subdivision six-a of section twenty of this  article  shall  be
 followed.  On  or before January fifteenth the comptroller, in consulta-
 tion with the department of law and other agencies as may  be  appropri-
 ate, shall submit to the governor and the legislature an annual account-
 ing  of  settlements  paid pursuant to this section during the preceding
 and current fiscal years.   Such accounting shall include,  but  not  be
 limited  to the number, type and amount of claims so paid, as well as an
 estimate of claims to be paid during the remainder of the current fiscal
 year and during the following fiscal year.
   § 249. Subdivision (f) of section 1101 of the civil practice  law  and
 rules,  as  added  by  section 1 of part D of chapter 412 of the laws of
 1999, subparagraph (i) of paragraph 1 and  paragraph  3  as  amended  by
 section  51 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   (f) Fees for [inmates] INCARCERATED INDIVIDUALS.   1.  Notwithstanding
 any  other  provision  of law to the contrary, a federal, state or local
 [inmate] INCARCERATED INDIVIDUAL under  sentence  for  conviction  of  a
 crime  may  seek to commence his or her action or proceeding by paying a
 reduced filing fee as provided in paragraph  two  of  this  subdivision.
 Such  [inmate]  INCARCERATED  INDIVIDUAL  shall  file the form affidavit
 referred to in subdivision (d) of this section along  with  the  summons
 and  complaint  or  summons  with  notice  or  third-party  summons  and
 complaint or petition or notice of petition or order to show  cause.  As
 part  of  such  application,  the [inmate] INCARCERATED INDIVIDUAL shall
 indicate the name and mailing address of the facility at which he or she
 is confined along with the name and mailing address of any other  feder-
 al,  state  or local facility at which he or she was confined during the
 preceding six month period. The case will be given an  index  number  if
 applicable,  or,  in courts other than the supreme or county courts, any
 necessary filing number and the application will be submitted to a judge
 of the court. Upon receipt of the application, the  court  shall  obtain
 from  the  appropriate  official  of  the facility at which the [inmate]
 INCARCERATED INDIVIDUAL is confined a certified copy of  the  [inmate's]
 INCARCERATED INDIVIDUAL'S trust fund account statement (or institutional
 equivalent)  for the six month period preceding filing of the [inmate's]
 INCARCERATED INDIVIDUAL'S  application.  If  the  [inmate]  INCARCERATED
 INDIVIDUAL  has been confined for less than six months at such facility,
 the court shall obtain additional information as follows:

 A. 2395                            149
 
   (i) in the case of a state [inmate] INCARCERATED  INDIVIDUAL  who  has
 been  transferred  from  another  state correctional facility, the court
 shall obtain a trust fund account statement for  the  six  month  period
 from  the  central office of the department of corrections and community
 supervision in Albany; or
   (ii)  in  the  case of a state [inmate] INCARCERATED INDIVIDUAL who is
 newly transferred from a federal or  local  correctional  facility,  the
 court  shall obtain any trust fund account statement currently available
 from such facility. The court  may,  in  its  discretion,  seek  further
 information from the prior or current facility.
   2.  If  the court determines that the [inmate] INCARCERATED INDIVIDUAL
 has insufficient means to pay the full filing fee, the court may  permit
 the  [inmate]  INCARCERATED  INDIVIDUAL to pay a reduced filing fee, the
 minimum of which shall not be less than fifteen dollars and the  maximum
 of  which  shall not be more than fifty dollars. The court shall require
 an initial payment of such portion of the  reduced  filing  fee  as  the
 [inmate]  INCARCERATED INDIVIDUAL can reasonably afford or shall author-
 ize no initial payment of the fee if  exceptional  circumstances  render
 the  [inmate]  INCARCERATED  INDIVIDUAL  unable to pay any fee; provided
 however, that the difference between the amount of  the  reduced  filing
 fee  and  the amount paid by the [inmate] INCARCERATED INDIVIDUAL in the
 initial partial payment shall be assessed against the [inmate] INCARCER-
 ATED INDIVIDUAL as an outstanding obligation to be collected  either  by
 the  superintendent  or  the municipal official of the facility at which
 the [inmate] INCARCERATED INDIVIDUAL is confined, as the case may be, in
 the same manner that mandatory surcharges are collected as provided  for
 in  subdivision  five of section 60.35 of the penal law. The court shall
 notify the superintendent or the  municipal  official  of  the  facility
 where  the  [inmate]  INCARCERATED INDIVIDUAL is housed of the amount of
 the reduced filing fee that was not directed to be paid by the  [inmate]
 INCARCERATED  INDIVIDUAL.  Thereafter, the superintendent or the munici-
 pal official shall forward to the court any fee  obligations  that  have
 been collected, provided however, that:
   (i)  in  no  event shall the filing fee collected exceed the amount of
 fees required for the commencement of an action or proceeding; and
   (ii) in no event shall an [inmate] INCARCERATED INDIVIDUAL be  prohib-
 ited from proceeding for the reason that the [inmate] INCARCERATED INDI-
 VIDUAL  has  no  assets and no means by which to pay the initial partial
 filing fee.
   3. The institution at which an  [inmate]  INCARCERATED  INDIVIDUAL  is
 confined,  or  the  central office for the department of corrections and
 community supervision, whichever is applicable, shall  promptly  provide
 the trust fund account statement to the [inmate] INCARCERATED INDIVIDUAL
 as required by this subdivision.
   4. Whenever any federal, state or local [inmate] INCARCERATED INDIVID-
 UAL obtains a judgment in connection with any action or proceeding which
 exceeds  the  amount  of  the  filing  fee,  paid in accordance with the
 provisions of this subdivision for commencing such action or proceeding,
 the  court  shall  award  to  the   prevailing   [inmate]   INCARCERATED
 INDIVIDUAL, as a taxable disbursement, the actual amount of any fee paid
 to commence the action or proceeding.
   5.  The provisions of this subdivision shall not apply to a proceeding
 commenced pursuant  to  article  seventy-eight  of  this  chapter  which
 alleges  a failure to correctly award or certify jail time credit due an
 [inmate] INCARCERATED INDIVIDUAL, in violation of section six  hundred-a
 of the correction law and section 70.30 of the penal law.

 A. 2395                            150
 
   § 250. Section 5011 of the civil practice law and rules, as amended by
 section  52 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   § 5011. Definition and content of judgment. A judgment is the determi-
 nation  of  the rights of the parties in an action or special proceeding
 and may be either interlocutory or final. A judgment shall refer to, and
 state the result of, the verdict or decision, or recite the default upon
 which it is based. A judgment may direct  that  property  be  paid  into
 court  when  the  party  would not have the benefit or use or control of
 such property or where special  circumstances  make  it  desirable  that
 payment  or  delivery to the party entitled to it should be withheld. In
 any case where damages are awarded to an [inmate] INCARCERATED  INDIVID-
 UAL  serving  a  sentence  of  imprisonment with the state department of
 corrections and community supervision or to a  prisoner  confined  at  a
 local  correctional facility, the court shall give prompt written notice
 to the office of victim services, and at the same time shall direct that
 no payment be made to such [inmate] INCARCERATED INDIVIDUAL or  prisoner
 for  a  period  of  thirty days following the date of entry of the order
 containing such direction.
   § 251. Paragraph 5 of subdivision (b) of section  7002  of  the  civil
 practice  law  and rules, as amended by chapter 355 of the laws of 1986,
 is amended to read as follows:
   5. in a city having a population of one million or more inhabitants, a
 person held as a  trial  [inmate]  INCARCERATED  INDIVIDUAL  in  a  city
 detention  institution shall petition for a writ to the supreme court in
 the county in which the charge for which the [inmate] INCARCERATED INDI-
 VIDUAL is being detained is pending. Such [inmate] INCARCERATED INDIVID-
 UAL may also petition for a  writ  to  the  appellate  division  in  the
 department  in  which  he  is  detained or to any justice of the supreme
 court provided that the writ shall be made returnable before  a  justice
 of  the  supreme  court held in the county in which the charge for which
 the [inmate] INCARCERATED INDIVIDUAL is being detained is pending.
   § 252. Subdivision 2 of section 61 of the civil rights law, as amended
 by section 54 of subpart B of part C of chapter 62 of the laws of  2011,
 is amended to read as follows:
   2.  If  the petitioner stands convicted of a violent felony offense as
 defined in section 70.02 of the penal law or a felony defined in article
 one hundred twenty-five of such law or any of the  following  provisions
 of  such  law  sections  130.25, 130.30, 130.40, 130.45, 255.25, 255.26,
 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
 subdivision two of section 230.30 or 230.32, and is  currently  confined
 as  an  [inmate] INCARCERATED INDIVIDUAL in any correctional facility or
 currently under the supervision of the  department  of  corrections  and
 community  supervision  or  a county probation department as a result of
 such conviction, the petition shall for  each  such  conviction  specify
 such  felony conviction, the date of such conviction or convictions, and
 the court in which such conviction or convictions were entered.
   § 253. Subdivision 2 of section 62 of the civil rights law, as amended
 by section 55 of subpart B of part C of chapter 62 of the laws of  2011,
 is amended to read as follows:
   2.  If  the  petition  be  to  change  the  name of a person currently
 confined as an [inmate]  INCARCERATED  INDIVIDUAL  in  any  correctional
 facility  or  currently  under  the  supervision  of  the  department of
 corrections and community supervision or a county  probation  department
 as  a  result of a conviction for a violent felony offense as defined in
 section 70.02 of the penal law  or  a  felony  defined  in  article  one

 A. 2395                            151
 
 hundred  twenty-five  of  such law or any of the following provisions of
 such law  sections  130.25,  130.30,  130.40,  130.45,  255.25,  255.26,
 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
 subdivision  two  of  section  230.30  or 230.32, notice of the time and
 place when and where the petition will be presented shall be served,  in
 like  manner as a notice of a motion upon an attorney in an action, upon
 the district attorney of every county in  which  such  person  has  been
 convicted  of  such  felony  and  upon  the court or courts in which the
 sentence for such felony was entered. Unless a shorter period of time is
 ordered by the court,  said  notice  shall  be  served  upon  each  such
 district  attorney and court or courts not less than sixty days prior to
 the date on which such petition is noticed to be heard.
   § 254. Subdivisions 2 and 3 of section 79 of  the  civil  rights  law,
 subdivision  2  and paragraph (a) of subdivision 3 as amended by section
 56 of subpart B of part C of chapter 62 of the laws of 2011 and subdivi-
 sion 3 as amended by chapter 687 of the laws of  1973,  are  amended  to
 read as follows:
   2.  A sentence of imprisonment in a state correctional institution for
 any term less than for life or a sentence of  imprisonment  in  a  state
 correctional  institution for an indeterminate term, having a minimum of
 one day and a maximum of natural life shall not be deemed to suspend the
 right or capacity of any person so sentenced to commence  and  prosecute
 an  action or proceeding in any court within this state or before a body
 or officer exercising judicial, quasi-judicial or  administrative  func-
 tions  within  this  state; provided, however, that where at the time of
 the commencement and during the prosecution of such action or proceeding
 such person is an [inmate] INCARCERATED INDIVIDUAL of  a  state  correc-
 tional  institution,  he OR SHE shall not appear at any place other than
 within the institution  for  any  purpose  related  to  such  action  or
 proceeding  unless  upon a subpoena issued by the court before whom such
 action or proceeding is pending or, where such action or  proceeding  is
 pending  before a body or officer, before a judge to whom a petition for
 habeas corpus could be made under subdivision (b) of section seven thou-
 sand two of the civil practice law and rules upon motion  of  any  party
 and  upon  a determination that such person's appearance is essential to
 the proper and just disposition of the action or proceeding. Unless  the
 court  orders  otherwise, a motion for such subpoena shall be made on at
 least two days' notice to the commissioner of corrections and  community
 supervision.
   3.  (a)  Except  as provided in paragraph (b) OF THIS SUBDIVISION, the
 state shall not be liable for any expense of  or  related  to  any  such
 action  or  proceeding,  including  but not limited to the expense of or
 related to transporting the  [inmate]  INCARCERATED  INDIVIDUAL  to,  or
 lodging  or  guarding  him  OR  HER  at  any place other than in a state
 correctional institution. The department of  corrections  and  community
 supervision  shall  not  be  required to perform any services related to
 such action or proceeding, including but not limited to transporting the
 [inmate] INCARCERATED INDIVIDUAL to or lodging or guarding  him  at  any
 place  other  than a state correctional institution unless and until the
 department has received payment for such services.
   (b) Where the [inmate] INCARCERATED INDIVIDUAL is permitted in accord-
 ance with any other law to proceed with the action or  proceeding  as  a
 poor  person the expense of transporting the [inmate] INCARCERATED INDI-
 VIDUAL to, or lodging or guarding him OR HER at any place other than  in
 a  state  correctional institution or any other expense relating thereto
 shall be a state charge;  provided,  however,  that  where  an  [inmate]

 A. 2395                            152
 
 INCARCERATED  INDIVIDUAL has been granted such permission and a recovery
 by judgment or by settlement is had in his OR HER favor, the  court  may
 direct  him  OR  HER  to  pay out of the recovery all or part of any sum
 expended by the state.
   §  255.  Subdivisions 2 and 3 of section 79-a of the civil rights law,
 subdivision 2 and paragraph (a) of subdivision 3 as amended  by  section
 57 of subpart B of part C of chapter 62 of the laws of 2011 and subdivi-
 sion  3 as added by chapter 687 of the laws of 1973, are amended to read
 as follows:
   2. A sentence to imprisonment for life shall not be deemed to  suspend
 the  right or capacity of any person so sentenced to commence, prosecute
 or defend an action or proceeding in any  court  within  this  state  or
 before a body or officer exercising judicial, quasi-judicial or adminis-
 trative  functions  within  this state; provided, however, that where at
 the time of the commencement and during the prosecution  or  defense  of
 such  action or proceeding such person is an [inmate] INCARCERATED INDI-
 VIDUAL of a state correctional institution, he or she shall  not  appear
 at  any  place other than within the institution for any purpose related
 to such action or proceeding unless upon a subpoena issued by the  court
 before  whom  such action or proceeding is pending or, where such action
 or proceeding is pending before a body or officer,  before  a  judge  to
 whom a petition for habeas corpus could be made under subdivision (b) of
 section  seven  thousand  two  of  the civil practice law and rules upon
 motion of any party and upon a determination that such person's  appear-
 ance  is  essential  to the proper and just disposition of the action or
 proceeding. Unless the court orders otherwise, a motion for such subpoe-
 na shall be made on at least two days' notice  to  the  commissioner  of
 corrections and community supervision.
   3.  (a)  Except  as provided in paragraph (b) OF THIS SUBDIVISION, the
 state shall not be liable for any expense of  or  related  to  any  such
 action  or  proceeding,  including  but not limited to the expense of or
 related to transporting the  [inmate]  INCARCERATED  INDIVIDUAL  to,  or
 lodging  or  guarding  him  or  her  at  any place other than in a state
 correctional institution. The department of  corrections  and  community
 supervision  shall  not  be  required to perform any services related to
 such action or proceeding, including but not limited to transporting the
 [inmate] INCARCERATED INDIVIDUAL to or lodging or guarding him or her at
 any place other than a state correctional institution unless  and  until
 the department has received payment for such services.
   (b) Where the [inmate] INCARCERATED INDIVIDUAL is permitted in accord-
 ance  with  any  other law to proceed with the action or proceeding as a
 poor person the expense of transporting the [inmate] INCARCERATED  INDI-
 VIDUAL  to, or lodging or guarding him OR HER at any place other than in
 a state correctional institution or any other expense  relating  thereto
 shall  be  a  state  charge;  provided,  however, that where an [inmate]
 INCARCERATED INDIVIDUAL has been granted such permission and a  recovery
 by  judgment  or by settlement is had in his OR HER favor, the court may
 direct him OR HER to pay out of the recovery all  or  part  of  any  sum
 expended by the state.
   § 256. Intentionally omitted.
   § 257. Intentionally omitted.
   § 258. Intentionally omitted.
   § 259. Intentionally omitted.
   § 260. Subdivision 7 of section 40 of chapter 784 of the laws of 1951,
 constituting  the  New  York  state defense emergency act, is amended to
 read as follows:

 A. 2395                            153
 
   7. Heads of departments in charge  of  institutions  shall  have  such
 power  with  respect to health or safety of [inmates] INCARCERATED INDI-
 VIDUALS thereof,  including  transportation  of  [inmates]  INCARCERATED
 INDIVIDUALS to, from and between such institutions.
   § 261. Intentionally omitted.
   § 262. Intentionally omitted.
   § 263. The section heading of section 9-104 of the administrative code
 of the city of New York is amended to read as follows:
   Transfer  of  [inmates]  INCARCERATED  INDIVIDUALS  by commissioner of
 correction.
   § 264. Intentionally omitted.
   § 265. Section 9-109 of the administrative code of  the  city  of  New
 York is amended to read as follows:
   § 9-109 Classification. The commissioner of correction shall so far as
 practicable  classify  all  felons, misdemeanants and violators of local
 laws under the commissioner's charge, so that the youthful or less hard-
 ened offenders shall be segregated  from  the  older  or  more  hardened
 offenders.  The  commissioner of correction may set apart one or more of
 the penal institutions for the custody of such youthful or less hardened
 offenders, and he or she is empowered to transfer such offenders thereto
 from any penal institution of the city. The commissioner  of  correction
 is empowered to classify the transferred [inmates] INCARCERATED INDIVID-
 UALS,  so  far as practicable, with regard to age, nature of offense, or
 other fact, and to separate or group such offenders  according  to  such
 classification.
   §  266.  Section  9-110  of the administrative code of the city of New
 York, as amended by local law number 170 of the city of New York for the
 year 2017, is amended to read as follows:
   § 9-110 Education and programming.
   The commissioner of correction may establish and maintain  schools  or
 classes  for  the instruction and training of the [inmates] INCARCERATED
 INDIVIDUALS of any institution  under  the  commissioner's  charge,  and
 shall  offer  to all [inmates] INCARCERATED INDIVIDUALS incarcerated for
 more than 10 days a minimum of five hours per day of [inmate]  INCARCER-
 ATED  INDIVIDUALS programming or education, excluding weekends and holi-
 days.  Such programming or education may be provided by  the  department
 or by another provider, and need not be offered to [inmates] INCARCERAT-
 ED  INDIVIDUALS  in  punitive  segregation, or to [inmates] INCARCERATED
 INDIVIDUALS who may be ineligible or unavailable for such programming or
 education, or where offering such programming or education would not  be
 consistent  with  the  safety  of  the [inmate] INCARCERATED INDIVIDUAL,
 staff or facility. Nothing in this section shall prohibit the department
 from offering such programming or education on the basis  of  incentive-
 based  criteria  developed  by  the department. For the purposes of this
 section, the term "[inmate] INCARCERATED INDIVIDUAL programming" has the
 same meaning as in section 9-144.
   § 267. Subdivision a of section 9-111 of the  administrative  code  of
 the city of New York is amended to read as follows:
   a.  The  commissioner  of  correction is empowered to set aside in the
 city prison a sufficient space for the purposes of installing a  library
 for  the  [inmates]  INCARCERATED  INDIVIDUALS.    The  commissioner  of
 correction may do likewise in any other place in which persons are  held
 for infractions of the law pending a determination by a court.
   §  268. The section heading and the opening paragraph of subdivision a
 of section 9-114 of the administrative code of the city of New York  are
 amended to read as follows:

 A. 2395                            154
 
   Discipline of [inmates] INCARCERATED INDIVIDUALS.
   Officers  in any institution in the department of correction shall use
 all suitable means to defend themselves, to enforce discipline,  and  to
 secure the persons of [inmates] INCARCERATED INDIVIDUALS who shall:
   §  269.  The fourth undesignated paragraph of subdivision c of section
 9-116 of the administrative code of the city of New York, as amended  by
 local  law  number  43  of  the  city  of New York for the year 2006, is
 amended to read as follows:
   None of the foregoing provisions of this section  shall  apply  to  or
 govern  the  rotation  of tours of duty of custodial officers who may be
 detailed or assigned to an institution wherein no [inmates] INCARCERATED
 INDIVIDUALS are detained overnight.
   § 270. Paragraph 3 of subdivision b of section 9-117 of  the  adminis-
 trative  code  of  the  city of New York, as added by chapter 629 of the
 laws of 2003, is amended to read as follows:
   3. Nothing in this subdivision shall limit in any way persons who  are
 or  will  be  employed  by  or  under  contract  with  the department of
 correction from maintaining incidental supervision  and  custody  of  an
 [inmate] INCARCERATED INDIVIDUAL, where the primary duties and responsi-
 bilities  of  such  persons  and contractors consist of administering or
 providing programs and services to persons detained or confined  in  any
 of  its  facilities; nor shall anything in this subdivision be construed
 to limit or affect the existing authority of the mayor and  commissioner
 to  appoint non-uniformed persons, whose duties include overall security
 of the department of correction, to positions of authority.
   § 271. Subdivisions a and c of section  9-118  of  the  administrative
 code of the city of New York are amended to read as follows:
   a.  The  commissioner  of correction may establish a commissary in any
 institution under the commissioner's jurisdiction for the use and  bene-
 fit of the [inmates] INCARCERATED INDIVIDUALS and employees thereof. All
 moneys  received  from the sales of such commissaries shall be paid over
 semi-monthly to the commissioner of finance without deduction. Except as
 otherwise provided in this subdivision, the provisions of section 12-114
 of the code shall apply to every officer or employee who  receives  such
 moneys  in  the performance of his or her duties in any such commissary.
 The accounts of the commissaries shall be subject to supervision,  exam-
 ination  and  audit by the comptroller and all other powers of the comp-
 troller in accordance with the provisions of the charter and code.
   c. Any surplus remaining in the commissary fund  after  deducting  all
 items  described  in  subdivision b hereof shall be used for the general
 welfare of the [inmates] INCARCERATED INDIVIDUALS  of  the  institutions
 under  the  jurisdiction  of  the department of correction. In the event
 such fund at any time exceeds one hundred thousand dollars,  the  excess
 shall be transferred to the general fund.
   § 272. The section heading of section 9-121 of the administrative code
 of the city of New York is amended to read as follows:
   Records of [inmates] INCARCERATED INDIVIDUALS of institutions.
   §  273.  Section  9-122  of the administrative code of the city of New
 York is amended to read as follows:
   § 9-122 Labor of prisoners in other agencies; correction  officers.  A
 correction  officer  or  correction  officers  from  the  department  of
 correction shall at all times direct and guard all [inmates] INCARCERAT-
 ED  INDIVIDUALS  of  any  of  the  institutions  in  the  department  of
 correction who are performing work for any other agency.

 A. 2395                            155
 
   §  274.  Subdivision  b of section 9-127 of the administrative code of
 the city of New York, as added by local law number 54 of the city of New
 York for the year 2004, is amended to read as follows:
   b.  The  department  of  correction  shall collect, from any sentenced
 [inmate] INCARCERATED INDIVIDUAL who will serve, after  sentencing,  ten
 days  or more in any city correctional institution, information relating
 to such [inmate's] INCARCERATED  INDIVIDUAL'S  housing,  employment  and
 sobriety  needs. The department of correction shall, with the consent of
 such [inmate] INCARCERATED INDIVIDUAL, provide such information  to  any
 social   service  organization  that  is  providing  discharge  planning
 services to such [inmate] INCARCERATED INDIVIDUAL  under  contract  with
 the  department  of  correction.  For  the  purposes of this section and
 sections 9-128 and 9-129 of this title, "discharge planning" shall  mean
 the  creation  of  a  plan for post-release services and assistance with
 access to community-based resources and government benefits designed  to
 promote an [inmate's] INCARCERATED INDIVIDUAL'S successful reintegration
 into the community.
   §  275.  Section 9-127.1 of the administrative code of the city of New
 York, as added by local law number 167 of the city of New York  for  the
 year 2017, is amended to read as follows:
   §  9-127.1[.]  Discharge  planning.  a.  As  used in this section, the
 following terms have the following meanings:
   Discharge plan. The term "discharge plan" means a plan describing  the
 manner  in  which  an  eligible [inmate] INCARCERATED INDIVIDUAL will be
 able to receive re-entry services upon release from the custody  of  the
 department to the community. A discharge plan shall, to the extent prac-
 ticable,  be  designed  to  address  the  unique  needs of each eligible
 [inmate] INCARCERATED INDIVIDUAL,  including  but  not  limited  to  the
 [inmate's]  INCARCERATED  INDIVIDUAL'S  geographic location upon release
 from the custody of the department, specific  social  service  needs  if
 applicable, prior criminal history, and employment needs.
   Eligible   [inmate]  INCARCERATED  INDIVIDUAL.    The  term  "eligible
 [inmate] INCARCERATED INDIVIDUAL" means a person who served  a  sentence
 of  30  days  or more in the custody of the department, and who is being
 released from the custody of the department to the community.
   Re-entry services. The  term  "re-entry  services"  means  appropriate
 programming  and  support  planning  offered to an [inmate] INCARCERATED
 INDIVIDUAL upon release from the custody of the department to the commu-
 nity, as well as follow-up support offered to the [inmate]  INCARCERATED
 INDIVIDUAL after his or her release. Such programming, support planning,
 and  follow-up  support shall include case management and connections to
 employment, and other social services that  may  be  available  to  such
 [inmate] INCARCERATED INDIVIDUAL upon his or her release.
   b.  Prior to the release of an eligible [inmate] INCARCERATED INDIVID-
 UAL from the custody of the department, a  designee  of  the  department
 shall  to  the  extent  practicable  develop  and offer to such [inmate]
 INCARCERATED INDIVIDUAL a  discharge  plan.  Discharge  plans  developed
 pursuant  to  this section shall not be required when, upon release from
 the custody of the department, an [inmate]  INCARCERATED  INDIVIDUAL  is
 transferred to the custody of another government agency or to the custo-
 dy  of  a  hospital or healthcare provider, or where a discharge plan is
 otherwise required by law.
   § 276. Subdivisions a and b of section  9-128  of  the  administrative
 code  of  the  city  of New York, as added by local law number 54 of the
 city of New York for the year 2004, are amended to read as follows:

 A. 2395                            156
 
   a. The department of correction shall make applications for government
 benefits available to [inmates] INCARCERATED  INDIVIDUALS  by  providing
 such applications in areas accessible to [inmates] INCARCERATED INDIVID-
 UALS in city correctional institutions.
   b.  The  department  of  correction  shall provide assistance with the
 preparation of applications for government benefits  and  identification
 to  sentenced  [inmates]  INCARCERATED INDIVIDUALS who will serve, after
 sentencing, thirty days or more in any city correctional institution and
 who  receive  discharge  planning  services  from  the   department   of
 correction  or  any social services organization under contract with the
 department of correction, and, in its discretion, to any other  [inmate]
 INCARCERATED INDIVIDUAL who may benefit from such assistance.
   §  277.  Section  9-129  of the administrative code of the city of New
 York, as added by local law number 54 of the city of New  York  for  the
 year 2004, is amended to read as follows:
   §  9-129  Reporting.  The  commissioner  of  correction shall submit a
 report to the mayor and the  council  by  October  first  of  each  year
 regarding  implementation  of sections 9-127 and 9-128 of this title and
 other discharge planning efforts,  and,  beginning  October  first,  two
 thousand  eight  and  annually  thereafter,  regarding  recidivism among
 [inmates] INCARCERATED INDIVIDUALS receiving discharge planning services
 from the department of correction or any  social  services  organization
 under contract with the department of correction.
   §  278.  Section  9-130  of the administrative code of the city of New
 York, as added by local law number 33 of the city of New  York  for  the
 year  2016, paragraph 23 as amended and paragraph 24 of subdivision c as
 added by local law number 145 for the year of 2018, is amended  to  read
 as follows:
   § 9-130 Jail data reporting.
   a. Definitions. For purposes of this section, the following terms have
 the following meanings:
   Adolescent. The term "adolescent" means an [inmate] INCARCERATED INDI-
 VIDUAL 16 or 17 years of age.
   Adult.  The  term "adult" means an [inmate] INCARCERATED INDIVIDUAL 22
 years of age or older.
   Assault. The term "assault" means any  action  taken  with  intent  to
 cause physical injury to another person.
   Department.  The  term "department" means the New York city department
 of correction.
   Hospital. The term "hospital" includes any hospital setting, whether a
 hospital outside of the department's jurisdiction or a  correction  unit
 operated by the department within a hospital.
   Serious injury. The term "serious injury" means a physical injury that
 (i) creates a substantial risk of death or disfigurement; (ii) is a loss
 or  impairment of a bodily organ; (iii) is a fracture or break to a bone
 other than fingers and toes; or (iv) is an injury defined as serious  by
 a physician.
   Sexual  abuse.  The  term  "sexual  abuse" has the same meaning as set
 forth in section 115.6 of title 28 of the code of  federal  regulations,
 or successor regulation, promulgated pursuant to the federal prison rape
 elimination act of 2003.
   Staff.  The term "staff" means anyone other than an [inmate] INCARCER-
 ATED INDIVIDUAL who works at a facility operated by the department.
   Young adult. The term "young adult"  means  an  [inmate]  INCARCERATED
 INDIVIDUAL 18 to 21 years of age.

 A. 2395                            157
 
   Use  of  force  A.  The  term "use of force A" means a use of force by
 staff on an [inmate] INCARCERATED INDIVIDUAL resulting in an injury that
 requires medical treatment beyond the prescription  of  over-the-counter
 analgesics  or  the  administration  of minor first aid, including those
 uses  of  force  resulting in one or more of the following: (i) multiple
 abrasions and/or contusions; (ii) chipped or cracked tooth;  (iii)  loss
 of  tooth;  (iv)  laceration; (v) puncture; (vi) fracture; (vii) loss of
 consciousness, including a  concussion;  (viii)  suture;  (ix)  internal
 injuries,  including  but  not  limited to ruptured spleen or perforated
 eardrum; or (x) admission to a hospital.
   Use of force B. The term "use of force B" means  a  use  of  force  by
 staff  on  an  [inmate]  INCARCERATED  INDIVIDUAL which does not require
 hospitalization or medical treatment beyond the  prescription  of  over-
 the-counter analgesics or the administration of minor first aid, includ-
 ing the following: (i) a use of force resulting in a superficial bruise,
 scrape, scratch, or minor swelling; and (ii) the forcible use of mechan-
 ical  restraints  in  a  confrontational situation that results in no or
 minor injury.
   Use of force C. The term "use of force C" means  a  use  of  force  by
 staff  on  an [inmate] INCARCERATED INDIVIDUAL resulting in no injury to
 staff or [inmate] INCARCERATED INDIVIDUAL, including an  incident  where
 the  use  of oleoresin capsicum spray results in no injury, beyond irri-
 tation that can be addressed through decontamination.
   b. No later than 20 days after the end of each month,  the  department
 shall  post on its website a report containing the following information
 for the prior month, in  total  and  by  indicating  the  rate  per  100
 [inmates]  INCARCERATED  INDIVIDUALS  in  the  custody of the department
 during such prior month:
   1. fight infractions written against [inmates]  INCARCERATED  INDIVID-
 UALS;
   2.  assaults on [inmates] INCARCERATED INDIVIDUALS by [inmates] INCAR-
 CERATED INDIVIDUALS involving stabbings, shootings or slashings;
   3. assaults on [inmates] INCARCERATED INDIVIDUALS by [inmates]  INCAR-
 CERATED   INDIVIDUALS  in  which  an  [inmate]  INCARCERATED  INDIVIDUAL
 suffered a  serious  injury,  excluding  assaults  involving  stabbings,
 shootings or slashings;
   4. actual incidents of use of force A;
   5. actual incidents of use of force B;
   6. actual incidents of use of force C;
   7.  assaults  on  staff by [inmates] INCARCERATED INDIVIDUALS in which
 staff suffered serious injury.
   c. No later than 45 days after the end of each  quarter  ending  March
 31,  June 30, September 30 and December 31, the department shall post on
 its website a report containing the following information for the  prior
 quarter, in total and by indicating the rate per 100 [inmates] INCARCER-
 ATED  INDIVIDUALS  in  the  custody  of the department during such prior
 quarter. Such report shall also disaggregate the  following  information
 by  listing  adults, young adults, and adolescent [inmates] INCARCERATED
 INDIVIDUALS separately:
   1. fight infractions written against [inmates]  INCARCERATED  INDIVID-
 UALS;
   2.  assaults on [inmates] INCARCERATED INDIVIDUALS by [inmates] INCAR-
 CERATED  INDIVIDUALS  in  which  an  [inmate]  INCARCERATED   INDIVIDUAL
 suffered  a  serious  injury,  excluding  assaults  involving stabbings,
 shootings or slashings;

 A. 2395                            158
 
   3. assaults on [inmates] INCARCERATED INDIVIDUALS by [inmates]  INCAR-
 CERATED INDIVIDUALS involving stabbings;
   4.  assaults on [inmates] INCARCERATED INDIVIDUALS by [inmates] INCAR-
 CERATED INDIVIDUALS involving shootings;
   5. assaults on [inmates] INCARCERATED INDIVIDUALS by [inmates]  INCAR-
 CERATED INDIVIDUALS involving slashings;
   6.  total  number of assaults on [inmates] INCARCERATED INDIVIDUALS by
 [inmates] INCARCERATED INDIVIDUALS  involving  stabbings,  shootings  or
 slashings;
   7.  total  number of assaults on [inmates] INCARCERATED INDIVIDUALS by
 [inmates] INCARCERATED INDIVIDUALS  involving  stabbings,  shootings  or
 slashings  in which an [inmate] INCARCERATED INDIVIDUAL suffered a seri-
 ous injury;
   8. assaults on [inmates] INCARCERATED INDIVIDUALS by [inmates]  INCAR-
 CERATED  INDIVIDUALS  in  which  an [inmate] INCARCERATED INDIVIDUAL was
 admitted to a hospital as a result;
   9. homicides of [inmates] INCARCERATED INDIVIDUALS by [inmates] INCAR-
 CERATED INDIVIDUALS;
   10. attempted suicides by [inmates] INCARCERATED INDIVIDUALS;
   11. suicides by [inmates] INCARCERATED INDIVIDUALS;
   12. assaults on staff by [inmates] INCARCERATED INDIVIDUALS;
   13. assaults on staff by [inmates] INCARCERATED INDIVIDUALS  in  which
 staff suffered serious injury;
   14.  assaults  on staff by [inmates] INCARCERATED INDIVIDUALS in which
 the staff was transported to a hospital as a result;
   15. incidents in which an [inmate]  INCARCERATED  INDIVIDUAL  splashed
 staff;
   16. allegations of use of force A;
   17. actual incidents of use of force A;
   18.  [inmate]  INCARCERATED  INDIVIDUAL hospitalization as a result of
 use of force A;
   19. allegations of use of force B;
   20. actual incidents of use of force B;
   21. allegations of use of force C;
   22. actual incidents of use of force C;
   23. incidents of use of force C in which chemical agents were used;
   24. incidents of use of force in which staff uses any  device  capable
 of administering an electric shock.
   d. Beginning July 1, 2016 and every July first thereafter, the depart-
 ment  shall  post  on  its  website a report for the prior calendar year
 containing information pertaining to (1) allegations of sexual abuse  of
 an [inmate] INCARCERATED INDIVIDUAL by an [inmate] INCARCERATED INDIVID-
 UAL;  (2)  substantiated incidents of sexual abuse of an [inmate] INCAR-
 CERATED INDIVIDUAL by an [inmate] INCARCERATED INDIVIDUAL;  (3)  allega-
 tions  of  sexual abuse of an [inmate] INCARCERATED INDIVIDUAL by staff;
 and (4) substantiated incidents of sexual abuse of an [inmate] INCARCER-
 ATED INDIVIDUAL by staff.
   e. The information in subdivisions b, c and d of this section shall be
 compared to previous reporting periods, and shall be permanently  stored
 on the department's website.
   §  279.  Section  9-134  of the administrative code of the city of New
 York, as amended by local law number 90 of the city of New York for  the
 year 2015, is amended to read as follows:
   §  9-134  Jail  segregated housing statistics. a. Definitions. For the
 purposes of this section, the following terms have the  following  mean-
 ings:

 A. 2395                            159
 
   Department.  The  term "department" means the New York city department
 of correction.
   [Inmate]  INCARCERATED  INDIVIDUAL  recreation day. The term "[inmate]
 INCARCERATED INDIVIDUAL recreation day" means one day per each  individ-
 ual for every day in punitive segregation during each quarter.
   [Inmate] INCARCERATED INDIVIDUAL shower day. The term "[inmate] INCAR-
 CERATED  INDIVIDUAL  shower  day"  means one day per each individual for
 every day in punitive segregation during each quarter.
   Mental health unit ("MHU"). The  term  "mental  health  unit"  ("MHU")
 means  any  separate  housing  area  staffed by mental health clinicians
 where [inmates] INCARCERATED INDIVIDUALS with mental  illness  who  have
 been  found  guilty  of violating department rules are housed, including
 but not limited to restricted housing units and clinical alternative  to
 punitive segregation units.
   Segregated  housing unit. The term "segregated housing unit" means any
 city jail housing units in which [inmates] INCARCERATED INDIVIDUALS  are
 regularly  restricted  to  their  cells  more than the maximum number of
 hours as set forth in subdivision (b) of section 1-05 of  chapter  1  of
 title  40  of  the  rules of the city of New York, or any successor rule
 establishing such maximum number of hours for the general population  of
 [inmates]  INCARCERATED  INDIVIDUALS  in city jails.  Segregated housing
 units do not include  mental  health  units.  Segregated  housing  units
 include,  but  are  not  limited  to,  punitive  segregation housing and
 enhanced supervision housing.
   Serious injury. The term "serious injury" means a physical injury that
 includes: (i) a substantial risk of death or disfigurement; (ii) loss or
 impairment of a bodily organ; (iii) a  fracture  or  break  to  a  bone,
 excluding  fingers  and  toes;  (iv)  an  injury defined as serious by a
 physician; and (v) any additional  serious  injury  as  defined  by  the
 department.
   Staff. The term "staff" means anyone, other than an [inmate] INCARCER-
 ATED INDIVIDUAL, working at a facility operated by the department.
   Use  of  force.  The term "use of force" means an instance where staff
 used their hands or other parts of  their  body,  objects,  instruments,
 chemical agents, electric devices, firearm, or any other physical method
 to  restrain,  subdue,  or compel an [inmate] INCARCERATED INDIVIDUAL to
 act in a particular way, or stop acting in a particular way.  This  term
 shall   not   include   moving,  escorting,  transporting,  or  applying
 restraints to a compliant [inmate] INCARCERATED INDIVIDUAL.
   Use of force A. The term "use of force A" means a use of force result-
 ing in an injury that requires medical treatment beyond the prescription
 of over-the-counter analgesics or the administration of minor first aid,
 including, but not limited to: (i) multiple abrasions and/or contusions;
 (ii) chipped or cracked tooth; (iii) loss of tooth; (iv) laceration; (v)
 puncture; (vi)  fracture;  (vii)  loss  of  consciousness,  including  a
 concussion;  (viii)  suture;  (ix)  internal injuries, including but not
 limited to ruptured spleen or perforated eardrum; or (x) admission to  a
 hospital.
   Use of force B. The term "use of force B" means a use of force result-
 ing in an injury that does not require hospitalization or medical treat-
 ment  beyond  the  prescription  of  over-the-counter  analgesics or the
 administration of minor first aid.
   Use of force C. The term "use of force C" means a use of force result-
 ing in no injury to staff or [inmates] INCARCERATED INDIVIDUALS.
   b. For the quarter beginning October  first,  two  thousand  fourteen,
 commencing  on or before January twentieth, two thousand fifteen, and on

 A. 2395                            160
 
 or before the twentieth day of each quarter thereafter, the commissioner
 of correction shall post a report on the department  website  containing
 information  relating  to the use of segregated housing units and MHU in
 city jails for the previous quarter. Such quarterly report shall include
 separate  indicators, disaggregated by facility and housing category for
 the total number of [inmates] INCARCERATED INDIVIDUALS housed in  segre-
 gated  housing  units and MHU.  Such quarterly report shall also include
 the following information regarding the segregated housing unit and  MHU
 population: (i) the number of [inmates] INCARCERATED INDIVIDUALS in each
 security risk group as defined by the department's classification system
 directive, (ii) the number of [inmates] INCARCERATED INDIVIDUALS subject
 to  enhanced  restraints,  including but not limited to, shackles, waist
 chains and hand mittens, (iii)  the  number  of  [inmates]  INCARCERATED
 INDIVIDUALS  sent to segregated housing units and MHU during the period,
 (iv) the number of [inmates] INCARCERATED INDIVIDUALS sent to segregated
 housing units and MHU from mental observation  housing  areas,  (v)  the
 number  of  [inmates]  INCARCERATED  INDIVIDUALS,  by highest infraction
 offense grade as classified by  the  department,  (grade  one,  two,  or
 three),  (vi)  the  number of [inmates] INCARCERATED INDIVIDUALS serving
 punitive segregation in the following specified ranges:  less  than  ten
 days,  ten  to thirty days, thirty-one to ninety days, ninety-one to one
 hundred eighty days, one hundred eighty-one to three hundred  sixty-five
 days,  and  more than three hundred sixty-five days, (vii) the number of
 [inmates] INCARCERATED INDIVIDUALS  receiving  mental  health  services,
 (viii) the number of [inmates] INCARCERATED INDIVIDUALS twenty-one years
 of  age and under, (ix) the number of [inmates] INCARCERATED INDIVIDUALS
 over twenty-one years of age in ten-year intervals,  (x)  the  race  and
 gender  of  [inmates]  INCARCERATED  INDIVIDUALS,  (xi)  the  number  of
 [inmates] INCARCERATED INDIVIDUALS who  received  infractions  while  in
 segregated housing units or MHU, (xii) the number of [inmates] INCARCER-
 ATED  INDIVIDUALS who received infractions that led to the imposition of
 additional punitive segregation time, (xiii)  the  number  of  [inmates]
 INCARCERATED  INDIVIDUALS  who  committed  suicide,  (xiv) the number of
 [inmates] INCARCERATED  INDIVIDUALS  who  attempted  suicide,  (xv)  the
 number of [inmates] INCARCERATED INDIVIDUALS on suicide watch, (xvi) the
 number  of [inmates] INCARCERATED INDIVIDUALS who caused injury to them-
 selves (excluding suicide  attempt),  (xvii)  the  number  of  [inmates]
 INCARCERATED  INDIVIDUALS  seriously injured while in segregated housing
 units or MHU, (xviii) the number of [inmates]  INCARCERATED  INDIVIDUALS
 who were sent to non-psychiatric hospitals outside the city jails, (xix)
 the number of [inmates] INCARCERATED INDIVIDUALS who died (non-suicide),
 (xx)  the  number of [inmates] INCARCERATED INDIVIDUALS transferred to a
 psychiatric hospital from segregated housing units, (xxi) the number  of
 [inmates] INCARCERATED INDIVIDUALS transferred to a psychiatric hospital
 from  MHU,  disaggregated  by  program,  (xxii)  the number of [inmates]
 INCARCERATED INDIVIDUALS moved from general punitive segregation to MHU,
 disaggregated by program, (xxiii) the number of  [inmates]  INCARCERATED
 INDIVIDUALS  placed into MHU following a disciplinary hearing, disaggre-
 gated by program, (xxiv) the number of [inmates]  INCARCERATED  INDIVID-
 UALS  moved  from  MHU  to  a  segregated housing unit, disaggregated by
 segregated housing unit type, (xxv) the number of [inmates] INCARCERATED
 INDIVIDUALS prescribed anti-psychotic medications, mood  stabilizers  or
 anti-anxiety  medications,  disaggregated  by  the  type  of medication,
 (xxvi) the number of requests made by [inmates] INCARCERATED INDIVIDUALS
 for medical or mental health treatment and the number  granted,  (xxvii)
 the  number  of  requests  made by [inmates] INCARCERATED INDIVIDUALS to

 A. 2395                            161
 
 attend congregate religious services and the  number  granted,  (xxviii)
 the  number  of  requests made by [inmates] INCARCERATED INDIVIDUALS for
 assistance from the law library  and  the  number  granted,  (xxix)  the
 number  of  requests  made by [inmates] INCARCERATED INDIVIDUALS to make
 telephone calls and the number granted, disaggregated by weekly personal
 calls and other permissible daily calls, (xxx) the  number  of  [inmate]
 INCARCERATED  INDIVIDUAL  recreation  days  and the number of recreation
 hours attended, (xxxi) the number of individual  recreation  hours  that
 were  offered  to  [inmates] INCARCERATED INDIVIDUALS prior to six a.m.,
 (xxxii) the number of [inmate] INCARCERATED INDIVIDUAL shower  days  and
 the  number of showers taken, (xxxiii) the number of [inmates] INCARCER-
 ATED INDIVIDUALS who received visits, (xxxiv) the number of instances of
 allegations of use of force, (xxxv) the number of instances  of  use  of
 force A, (xxxvi) the number of instances of use of force B, (xxxvii) the
 number of instances of use of force C, (xxxviii) the number of instances
 in  which contraband was found, (xxxix) the number of instances of alle-
 gations of staff on [inmate]  INCARCERATED  INDIVIDUAL  sexual  assault,
 (xl)  the  number of instances of substantiated staff on [inmate] INCAR-
 CERATED INDIVIDUAL sexual assault, (xli)  the  number  of  instances  of
 allegations of [inmate] INCARCERATED INDIVIDUAL on staff sexual assault,
 and (xlii) the number of instances of substantiated [inmate] INCARCERAT-
 ED INDIVIDUAL on staff sexual assault.
   § 280. Intentionally omitted.
   § 281. Intentionally omitted.
   4.  The  number  of  [inmates] INCARCERATED INDIVIDUALS that submitted
 grievances.
   § 282. Section 9-137 of the administrative code of  the  city  of  New
 York,  as  added  by local law number 88 of the city of New York for the
 year 2015, is amended to read as follows:
   § 9-137 Jail population statistics.
   a. Within 45 days of the end of each quarter of the fiscal  year,  the
 department  shall  post  a  report on its website containing information
 related to the [inmate] INCARCERATED INDIVIDUAL population in city jails
 for the preceding quarter.  Such  quarterly  report  shall  include  the
 following information based on the number of [inmate] INCARCERATED INDI-
 VIDUAL  admissions during the reporting period, and based on the average
 daily population of the city's jails for the preceding quarter in total,
 and as a percentage of the average daily population of [inmates]  INCAR-
 CERATED  INDIVIDUALS  in  the  department's custody during the reporting
 period:
   1. Age, in years,  disaggregated  as  follows:  16-17,  18-21,  22-25,
 26-29, 30-39, 40-49, 50-59, 60-69, 70 or older.
   2. Gender, including a separate category for those [inmates] INCARCER-
 ATED INDIVIDUALS housed in any transgender housing unit.
   3. Race of [inmates] INCARCERATED INDIVIDUALS, categorized as follows:
 African-American, Hispanic, Asian, white, or any other race.
   4.  The  borough  in  which  the  [inmate] INCARCERATED INDIVIDUAL was
 arrested.
   5. Educational background as self-reported by  [inmates]  INCARCERATED
 INDIVIDUALS  after  admission to the custody of the department, categor-
 ized as follows based on the highest level  of  education  achieved:  no
 high  school  diploma  or general education diploma, a general education
 diploma, a high school diploma, some college but no degree,  an  associ-
 ate's degree, a bachelor's degree, or a post-collegiate degree.

 A. 2395                            162
 
   6.  The number of [inmates] INCARCERATED INDIVIDUALS identified by the
 department as a member of a security  risk  group,  as  defined  by  the
 department.
   §  283.  Section  9-138  of the administrative code of the city of New
 York, as added by local law number 89 of the city of New  York  for  the
 year 2015, is amended to read as follows:
   §  9-138  Use  of  force directive. The commissioner shall post on the
 department's website the  directive  stating  the  department's  current
 policies  regarding  the use of force by departmental staff on [inmates]
 INCARCERATED INDIVIDUALS, including but not limited to the circumstances
 in which any use of force is justified, the circumstances in which vari-
 ous levels of force or various uses of equipment are justified, and  the
 procedures  staff must follow prior to using force. The commissioner may
 redact such directive as necessary to preserve safety  and  security  in
 the facilities under the department's control.
   § 284. Intentionally omitted.
   §  285.  Subdivision  b of section 9-140 of the administrative code of
 the city of New York, as added by local law number 85 of the city of New
 York for the year 2015, is amended to read as follows:
   b. The commissioner shall post on the department website on a quarter-
 ly basis, within 30 days of the beginning  of  each  quarter,  a  report
 containing  information  pertaining  to  the  visitation of the [inmate]
 INCARCERATED INDIVIDUAL population in city jails for the prior  quarter.
 Such  quarterly  report shall include the following information in total
 and disaggregated by whether the visitor is  a  professional,  and  also
 disaggregated by the type of services the professional provides:
   1.  The  total  number  of visitors to city jails, the total number of
 visitors to borough jail facilities, and the total number of visitors to
 city jails on Rikers Island.
   2. The total number of visitors that visited an [inmate]  INCARCERATED
 INDIVIDUAL  at  city jails, the total number of visitors that visited an
 [inmate] INCARCERATED INDIVIDUAL at borough  jail  facilities,  and  the
 total  number of visitors that visited an [inmate] INCARCERATED INDIVID-
 UAL at city jails on Rikers Island.
   3. The number of visitors unable to  visit  an  [inmate]  INCARCERATED
 INDIVIDUAL  at  any  city jail, in total and disaggregated by the reason
 such visit was not completed.
   4. The [inmate] INCARCERATED INDIVIDUAL visitation rate,  which  shall
 be  calculated  by  dividing  the  average  daily number of visitors who
 visited [inmates] INCARCERATED INDIVIDUALS  at  city  jails  during  the
 reporting  period  by the average daily [inmate] INCARCERATED INDIVIDUAL
 population of city jails during the reporting period.
   5. The borough jail facility visitation rate, which  shall  be  calcu-
 lated  by  dividing  the  average  daily  number of visitors who visited
 [inmates] INCARCERATED INDIVIDUALS at borough jail facilities during the
 reporting period by the average daily [inmate]  INCARCERATED  INDIVIDUAL
 population of borough jail facilities during the reporting period.
   6.  The  Rikers  Island  visitation rate, which shall be calculated by
 dividing the average daily number  of  visitors  who  visited  [inmates]
 INCARCERATED  INDIVIDUALS  at  city  jails  on  Rikers Island during the
 reporting period by the average daily [inmate]  INCARCERATED  INDIVIDUAL
 population of city jails on Rikers Island during the reporting period.
   §  286.  Section  9-141  of the administrative code of the city of New
 York, as added by local law number 82 of the city of New  York  for  the
 year 2016, is amended to read as follows:

 A. 2395                            163
 
   §  9-141  Feminine hygiene products. All female [inmates] INCARCERATED
 INDIVIDUALS in the custody of the department shall be provided,  at  the
 department's  expense, with feminine hygiene products as soon as practi-
 cable upon request. All female individuals arrested and detained in  the
 custody  of  the  department for at least 48 hours shall be provided, at
 the department's expense, with feminine  hygiene  products  as  soon  as
 practicable  upon  request.  For  purposes  of  this  section, "feminine
 hygiene  products"  means  tampons  and  sanitary  napkins  for  use  in
 connection with the menstrual cycle.
   § 287. Subdivisions a and c and paragraphs 6 and 7 of subdivision d of
 section  9-142  of  the  administrative code of the city of New York, as
 added by local law number 120 of the city of New York for the year 2016,
 are amended to read as follows:
   a. Definitions. For the purposes of this section, the following  terms
 shall have the following meanings:
   Child.  The  term  "child" means any person one year of age or younger
 whose mother is in the custody of the department.
   Nursery. The term "nursery" means any department facility designed  to
 accommodate  newborn  children  of incarcerated mothers, pursuant to New
 York state correctional law section 611 or any successor statute.
   Staff. The term "staff" means anyone, other than an [inmate] INCARCER-
 ATED INDIVIDUAL, working at a facility operated by the department.
   Use of force A. The term "use of force A" means  a  use  of  force  by
 staff  on  an [inmate] INCARCERATED INDIVIDUAL resulting in an injury to
 staff or [inmate] INCARCERATED INDIVIDUAL that requires  medical  treat-
 ment  beyond  the  prescription  of  over-the-counter  analgesics or the
 administration of minor first aid, including those uses of force result-
 ing in one or more of the following  treatments/injuries:  (i)  multiple
 abrasions  and/or  contusions; (ii) chipped or cracked tooth; (iii) loss
 of tooth; (iv) laceration; (v) puncture; (vi) fracture;  (vii)  loss  of
 consciousness;  including  a  concussion;  (viii)  suture; (ix) internal
 injuries, including but not limited to, ruptured  spleen  or  perforated
 eardrum; and (x) admission to a hospital.
   Use  of  force  B.  The  term "use of force B" means a use of force by
 staff on an [inmate] INCARCERATED INDIVIDUAL resulting in an  injury  to
 staff  or  [inmate] INCARCERATED INDIVIDUAL that does not require hospi-
 talization or medical treatment beyond  the  prescription  of  over-the-
 counter  analgesics  or the administration of minor first aid, including
 the following: (i) a use of force resulting  in  a  superficial  bruise,
 scrape, scratch, or minor swelling; and (ii) the forcible use of mechan-
 ical  restraints  in  a  confrontational situation that results in no or
 minor injury.
   Use of force C. The term "use of force C" means  a  use  of  force  by
 staff  on  an [inmate] INCARCERATED INDIVIDUAL resulting in no injury to
 staff or [inmate] INCARCERATED INDIVIDUAL, including incidents where use
 of oleoresin capsicum spray results in no injury, beyond irritation that
 can be addressed through decontamination.
   c. Children and their mothers shall be housed in  the  nursery  unless
 the  department  determines  that  such housing would not be in the best
 interest of such child pursuant to section 611 of the correction law  or
 any  successor  statute.  The  department  shall maintain formal written
 procedures  consistent  with  this  policy  and   with   the   following
 provisions:
   1. The warden of the facility in which the nursery is located may deny
 a child admission to the nursery only if a consideration of all relevant

 A. 2395                            164
 
 evidence indicates that such admission would not be in the best interest
 of the child.
   2.  Any  [inmate] INCARCERATED INDIVIDUAL whose child is denied admis-
 sion to the nursery shall be provided with a written determination spec-
 ifying the facts and reasons underlying such determination. Such  notice
 shall indicate that this determination may be appealed, and describe the
 appeals process in plain and simple language.
   3.  An [inmate] INCARCERATED INDIVIDUAL may appeal such determination.
 The appeal shall be decided by the commissioner  or  the  chief  of  the
 department,  in  consultation  with  a person who has expertise in early
 childhood development. Any denial of an appeal shall include a  specific
 statement  of  the  reasons for denial.  A copy of this determination on
 the appeal shall be provided to such [inmate] INCARCERATED INDIVIDUAL.
   4. [Inmates] INCARCERATED INDIVIDUALS who are unable to read or under-
 stand the procedures in this subdivision shall be provided  with  neces-
 sary assistance.
   6.  The  programming  and services available to [inmates] INCARCERATED
 INDIVIDUALS and children in the nursery, including but  not  limited  to
 the  following  categories:    parenting, health and mental health, drug
 and/or alcohol  addiction,  vocational,  educational,  recreational,  or
 other life skills; and
   7.  The  following  information  by indicating the rate per 100 female
 [inmates] INCARCERATED INDIVIDUALS in the  custody  of  the  department,
 disaggregated  by whether or not the incident took place in the nursery:
 (i) incidents of use of force A, (ii) incidents of use of force B, (iii)
 incidents of use of force C, and (iv) incidents of use  of  force  C  in
 which chemical agents are used.
   §  288.  The section heading and subdivisions a and b of section 9-143
 of the administrative code of the city of New York, as  added  by  local
 law number 121 of the city of New York for the year 2016, are amended to
 read as follows:
   Annual  report  on mentally ill [inmates] INCARCERATED INDIVIDUALS and
 recidivism.
   a. Definitions. For the purposes of this section, the following  terms
 have the following meanings:
   Eligible [inmate] INCARCERATED INDIVIDUAL. The term "eligible [inmate]
 INCARCERATED INDIVIDUAL" means an [inmate] INCARCERATED INDIVIDUAL whose
 period  of confinement in a city correctional facility lasts 24 hours or
 longer, and who, during  such  confinement,  receives  treatment  for  a
 mental  illness, but does not include [inmates] INCARCERATED INDIVIDUALS
 seen by mental health staff on no more than two occasions  during  their
 confinement  and  assessed on the latter of those occasions as having no
 need for further treatment in any city  correctional  facility  or  upon
 their release from any such facility.
   Reporting  period. The term "reporting period" means the calendar year
 two years prior to the year in which the report issued pursuant to  this
 section is issued.
   b. No later than March 31 of each year, beginning in 2017, the depart-
 ment shall post on its website a report regarding mentally ill [inmates]
 INCARCERATED  INDIVIDUALS  and recidivism. Such report shall include but
 not be limited to the following information:
   1. The number of [inmates] INCARCERATED INDIVIDUALS  released  by  the
 department  to  the community during the reporting period, the number of
 eligible inmates released to the community by the department during  the
 reporting  period, and the percentage of [inmates] INCARCERATED INDIVID-
 UALS released to the community  by  the  department  who  were  eligible

 A. 2395                            165
 
 during  the reporting period, provided that such report shall count each
 individual released during the reporting period only once; and
   2.  The  number  and  percentage of [inmates] INCARCERATED INDIVIDUALS
 released to the community by the department during the reporting  period
 who  returned  to the custody of the department within one year of their
 discharge, and the number and percentage of eligible [inmates] INCARCER-
 ATED INDIVIDUALS released to the community by the department during  the
 reporting  period  who  returned to the custody of the department within
 one year of their discharge, provided that such report shall count  each
 individual released during the reporting period only once.
   §  289.  Subdivision  a of section 9-144 of the administrative code of
 the city of New York, as added by local law number 122 of  the  city  of
 New York for the year 2016, is amended to read as follows:
   [a.]  The  department  shall evaluate [inmate] INCARCERATED INDIVIDUAL
 programming each calendar year.  For purposes of this section, "[inmate]
 INCARCERATED INDIVIDUAL programming" includes but is not limited to  any
 structured  services offered directly to [inmates] INCARCERATED INDIVID-
 UALS for the purposes  of  vocational  training,  counseling,  cognitive
 behavioral   therapy,  addressing  drug  dependencies,  or  any  similar
 purpose. No later than April 1 of each  year,  beginning  in  2017,  the
 department  shall  submit  a summary of each evaluation to the mayor and
 the council, and post such summary to  the  department's  website.  This
 summary  shall  include factors determined by the department, including,
 but not be limited to, information related to  the  following  for  each
 such program:  (i) the amount of funding received; (ii) estimated number
 of  [inmates] INCARCERATED INDIVIDUALS served; (iii) a brief description
 of the program including the estimated number of  hours  of  programming
 offered  and utilized, program length, goals, target populations, effec-
 tiveness, and outcome measurements, where applicable; and (iv)  success-
 ful  completion  and compliance rates, if applicable. Such summary shall
 be permanently accessible from the department's  website  and  shall  be
 provided  in a format that permits automated processing, where appropri-
 ate. Each yearly summary shall include a comparison of the current  year
 with the prior five years, where such information is available.
   §  290.  The second undesignated paragraph of subdivision a of section
 9-145 of the administrative code of the city of New York,  as  added  by
 local  law  number  123  of  the  city of New York for the year 2016, is
 amended to read as follows:
   Staff. The term "staff" means any employee of the  department  or  any
 person  who regularly provides health or counseling services directly to
 [inmates] INCARCERATED INDIVIDUALS.
   § 291. The section heading and subdivisions a and b of  section  9-146
 of  the  administrative  code of the city of New York, as added by local
 law number 178 of the city of New York for the year 2016, are amended to
 read as follows:
   [Inmate court] COURT appearance transportation FOR INCARCERATED  INDI-
 VIDUALS.    a. By April 1, 2017 and upon gaining access to such database
 described in subdivision c of this section, the department shall, within
 48 hours of admission of an  [inmate]  INCARCERATED  INDIVIDUAL  to  the
 custody  of  the  department, determine whether an [inmate] INCARCERATED
 INDIVIDUAL has any pending court appearances scheduled in New York  city
 criminal  court  or  the  criminal  term of New York state supreme court
 other than those appearances for  cases  for  which  such  defendant  is
 admitted  to the custody of the department or that pertain solely to the
 payment of court surcharges.

 A. 2395                            166
 
   b. In complying with subdivision a OF  THIS  SECTION,  the  department
 shall:
   1. notify the office of court administration that such [inmate] INCAR-
 CERATED  INDIVIDUAL  is in department custody upon determination of such
 court appearance, pursuant to subdivision a OF THIS SECTION; and
   2. provide,  as  required  by  the  court,  transportation  for  every
 [inmate] INCARCERATED INDIVIDUAL for all such court appearances.
   §  292.  Section  9-147  of the administrative code of the city of New
 York, as added by local law number 180 of the city of New York  for  the
 year 2016, is amended to read as follows:
   §  9-147  [Inmate  court]  COURT  appearance clothing FOR INCARCERATED
 INDIVIDUALS.  Except as provided elsewhere in this section, the  depart-
 ment  shall provide every [inmate] INCARCERATED INDIVIDUAL appearing for
 a trial or before a grand jury with access to clothing in their personal
 property prior to transport for such appearance, and  produce  all  such
 [inmates]  INCARCERATED  INDIVIDUALS for such appearances in such cloth-
 ing. If such clothing is not available, or if an  [inmate]  INCARCERATED
 INDIVIDUAL  chooses  not to wear their personal clothing, the department
 shall provide such [inmate] INCARCERATED INDIVIDUAL with new  or  gently
 used,  size  appropriate  clothing of a kind customarily worn by persons
 not in the custody of the department, unless (i) such [inmate] INCARCER-
 ATED INDIVIDUAL chooses to wear the uniform issued by the department, or
 (ii) such [inmate] INCARCERATED INDIVIDUAL  is  required  to  wear  such
 uniform  by  an order of the court. The department shall permit personal
 clothing to be delivered to an [inmate] INCARCERATED  INDIVIDUAL  during
 such  time  as  packages are permitted to be delivered under title 40 of
 the rules of the city of New York or during  reasonable  hours  the  day
 before  an [inmate's] INCARCERATED INDIVIDUAL'S scheduled appearance for
 a trial or before a grand jury. New or gently used, weather-  and  size-
 appropriate  clothing  of  a kind customarily worn by persons not in the
 custody of the department shall be offered to any [inmate]  INCARCERATED
 INDIVIDUAL  released  from  the  custody of the department from a court,
 unless the [inmate] INCARCERATED INDIVIDUAL is  wearing  the  [inmate's]
 INCARCERATED INDIVIDUAL'S own personal clothing.
   §  293. Subdivisions a, b and c of section 9-148 of the administrative
 code of the city of New York, as added by local law number  123  of  the
 city of New York for the year 2017, are amended to read as follows:
   a.  The  department  shall  accept  cash bail payments immediately and
 continuously after an [inmate] INCARCERATED INDIVIDUAL  is  admitted  to
 the custody of the department, except on such dates on which an [inmate]
 INCARCERATED  INDIVIDUAL  appears  in court other than an arraignment in
 criminal court.
   b. The department shall release any [inmate]  INCARCERATED  INDIVIDUAL
 for  whom  bail or bond has been paid or posted within the required time
 period of the later of such  payment  being  made  or  the  department's
 receipt  of  notice  thereof,  provided that if an [inmate] INCARCERATED
 INDIVIDUAL cannot be released within the required  time  period  due  to
 extreme  and unusual circumstances then such [inmate] INCARCERATED INDI-
 VIDUAL shall be released as soon as  possible.  Such  timeframe  may  be
 extended  when any of the following occurs, provided that the [inmate's]
 INCARCERATED INDIVIDUAL'S release shall be forthwith  as  that  term  is
 used in section 520.15 of the criminal procedure law:
   1.  The  [inmate]  INCARCERATED INDIVIDUAL receives discharge planning
 services prior to release;
   2. The [inmate] INCARCERATED INDIVIDUAL has a  warrant  or  hold  from
 another jurisdiction or agency;

 A. 2395                            167
 
   3.  The  [inmate]  INCARCERATED INDIVIDUAL is being transported at the
 time bail or bond is paid or posted;
   4. The [inmate] INCARCERATED INDIVIDUAL is not in departmental custody
 at the time bail or bond is paid or posted;
   5.  The [inmate] INCARCERATED INDIVIDUAL requires immediate medical or
 mental health treatment; or
   6. Section 520.30 of the criminal procedure law necessitates a delay.
   c. The department shall accept or facilitate the  acceptance  of  cash
 bail  payments  for [inmates] INCARCERATED INDIVIDUALS in the custody of
 the department: (i) at any courthouse of  the  New  York  City  Criminal
 Court,  (ii) at any location within one half mile of any such courthouse
 during all operating hours of such courthouse and  at  least  two  hours
 subsequent to such courthouse's closing, or (iii) online.
   § 294. Subdivision a, the opening paragraph of subdivision b, subdivi-
 sions c and d of section 9-149 of the administrative code of the city of
 New  York,  as added by local law number 124 of the city of New York for
 the year 2017, are amended to read as follows:
   a. In order to facilitate the posting  of  bail,  the  department  may
 delay  the  transportation  of  an  [inmate] INCARCERATED INDIVIDUAL for
 admission to a housing facility for not less than four and not more than
 12 hours  following  the  inmate's  arraignment  in  criminal  court  if
 requested by either the department or a not-for-profit corporation under
 contract  with  the  city to provide pretrial and other criminal justice
 services, including interviewing adult defendants either before or after
 such persons are arraigned on criminal charges, has made direct  contact
 with a person who reports that he or she will post bail for the [inmate]
 INCARCERATED INDIVIDUAL.
   Such delay is not permissible for any [inmate] INCARCERATED INDIVIDUAL
 who:
   c.  This  section does not require the department to exceed the lawful
 capacity of any structure or unit, or require the department  to  detain
 [inmates]  INCARCERATED INDIVIDUALS in courthouse facilities during such
 times as correctional  staff  are  not  regularly  scheduled  to  detain
 [inmates]  INCARCERATED  INDIVIDUALS  provided  that the department must
 provide for the regular staffing of courthouse facilities for  at  least
 one  hour after the last [inmate] INCARCERATED INDIVIDUAL was taken into
 custody on bail.
   d. Beginning July 1, 2018, the department or its designee shall submit
 to the council an annual report regarding the implementation of subdivi-
 sions a and b of this section. Such report shall include  the  following
 information:
   1.   The  locations  in  which  the  department  has  implemented  the
 provisions of this section;
   2. In such locations, the number of [inmates] INCARCERATED INDIVIDUALS
 whose admission to a housing  facility  was  delayed  pursuant  to  this
 section;
   3.  The  number and percentage of such [inmates] INCARCERATED INDIVID-
 UALS who posted bail during such delay and the number and percentage  of
 such  [inmates]  INCARCERATED INDIVIDUALS who posted bail during the two
 calendar  days  following  such  [inmates']  INCARCERATED   INDIVIDUALS'
 arraignment; and
   4. The number of [inmates] INCARCERATED INDIVIDUALS whose admission to
 a housing facility was delayed and who required medical treatment during
 such period of delay.
   § 295. Intentionally omitted.

 A. 2395                            168
 
   §  296.  Subdivision  d of section 9-151 of the administrative code of
 the city of New York, as added by local law number 168 of  the  city  of
 New York for the year 2017, is amended to read as follows:
   d.  The department of correction report shall include, but need not be
 limited to, the following information, which  shall  be  produced  in  a
 format  that  protects  the  privacy interests of [inmates] INCARCERATED
 INDIVIDUALS, including but  not  limited  to  those  who  have  juvenile
 records  and sealed criminal records or are otherwise protected by state
 or federal law. The student age as of the incident date will be used  to
 categorize the student as adolescent or young adult, for the purposes of
 this reporting.
   §  297.  The second undesignated paragraph of subdivision a of section
 9-152 of the administrative code of the city of New York,  as  added  by
 local  law  number  216  of  the  city of New York for the year 2017, is
 amended to read as follows:
   Incident. The term "incident" means any incident in which  staff  used
 force on an [inmate] INCARCERATED INDIVIDUAL.
   § 298. The opening paragraph and paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9,
 10,  12,  13, 14, 15, 33 and the opening paragraphs of paragraphs 11 and
 16 of subdivision a of section 9-306 of the administrative code  of  the
 city  of  New  York,  as added by local law number 86 of the city of New
 York for the year 2015 and such  section  as  renumbered  by  local  law
 number 25 of the city of New York for the year 2018, are amended to read
 as follows:
   Within  90  days of the beginning of each reporting period, the office
 of criminal justice shall post on its website a  report  regarding  bail
 and  the criminal justice system for the preceding reporting period. The
 reporting period for paragraphs 1, 3, 14, and 15 of this subdivision  is
 quarterly,  the reporting period for paragraphs 2, 4, 5, 6, 7, 8, 9, 10,
 11, 12, 13, and 16 is semi-annually, and the reporting period for  para-
 graphs  17 through 33 is annually. For the purposes of this subdivision,
 any [inmate] INCARCERATED INDIVIDUAL incarcerated  on  multiple  charges
 shall  be  deemed  to be incarcerated only on the most serious charge, a
 violent felony shall be deemed to be more  serious  than  a  non-violent
 felony of the same class, any [inmate] INCARCERATED INDIVIDUAL incarcer-
 ated on multiple charges of the same severity shall be deemed to be held
 on  each  charge,  any  [inmate] INCARCERATED INDIVIDUAL incarcerated on
 multiple bail amounts shall be deemed to be held  only  on  the  highest
 bail amount, any [inmate] INCARCERATED INDIVIDUAL held on pending crimi-
 nal charges who has a parole hold shall be deemed to be held only on the
 parole hold, any [inmate] INCARCERATED INDIVIDUAL held on pending crimi-
 nal  charges  who  has any other hold shall be deemed to be held only on
 the pending criminal charges, and any [inmate]  INCARCERATED  INDIVIDUAL
 incarcerated  on multiple cases in which sentence has been imposed on at
 least one of such cases shall be deemed to  be  sentenced.  Such  report
 shall  contain  the  following  information, for the preceding reporting
 period or for the most recent reporting period for which  such  informa-
 tion is available, to the extent such information is available:
   1.  The average daily population of [inmates] INCARCERATED INDIVIDUALS
 in the custody of the department of correction.
   2. The number of [inmates] INCARCERATED INDIVIDUALS  admitted  to  the
 custody  of the department of correction during the reporting period who
 had been sentenced to a definite sentence, the number  held  on  pending
 criminal charges, and the number in any other category.
   3.  Of the number of [inmates] INCARCERATED INDIVIDUALS in the custody
 of the department of correction on the  last  Friday  of  each  calendar

 A. 2395                            169
 
 month  of the reporting period, the percentage who had been sentenced to
 a definite sentence, the percentage held on  pending  criminal  charges,
 and the percentage in any other category.
   4.  Of the number of [inmates] INCARCERATED INDIVIDUALS in the custody
 of the department of correction on the  last  Friday  of  each  calendar
 month  of  the  reporting  period  held on pending criminal charges, the
 percentage who were remanded without bail.
   5. The number of [inmates] INCARCERATED INDIVIDUALS in the custody  of
 the  department  of correction who were sentenced to a definite sentence
 during the reporting period of the following length: (a) 1-15 days;  (b)
 16-30 days; (c) 31-90 days; (d) 91-180 days; or (e) more than 180 days.
   6.  Of the number [inmates] OF INCARCERATED INDIVIDUALS in the custody
 of the department of correction on the  last  Friday  of  each  calendar
 month of the reporting period who were sentenced to a definite sentence,
 the  percentage  of  [inmates]  INCARCERATED INDIVIDUALS whose sentences
 were of the following lengths: (a) 1-15 days; (b) 16-30 days; (c)  31-90
 days; (d) 91-180 days; or (e) more than 180 days.
   7.  The  number  of [inmates] INCARCERATED INDIVIDUALS admitted to the
 custody of the department of correction during the reporting  period  on
 pending criminal charges who were charged with offenses of the following
 severity:  (a)  class A felonies; (b) class B or C felonies; (c) class D
 or E felonies; (d) misdemeanors; or (e) non-criminal charges.
   8. Of the number of [inmates] INCARCERATED INDIVIDUALS in the  custody
 of  the  department  of  correction  on the last Friday of each calendar
 month of the reporting period held  on  pending  criminal  charges,  the
 percentage  charged with offenses of the following severity: (a) class A
 felonies; (b) class B or C felonies; (c) class  D  or  E  felonies;  (d)
 misdemeanors; or (e) non-criminal charges.
   9.  The  number  of [inmates] INCARCERATED INDIVIDUALS admitted to the
 custody of the department of correction during the reporting  period  on
 pending criminal charges who were charged with offenses of the following
 severity:  (a)  class  A  felonies disaggregated by offense; (b) violent
 felonies as defined in section 70.02 of the penal law;  (c)  non-violent
 felonies as defined in section 70.02 of the penal law; (d) misdemeanors;
 or (e) non-criminal charges.
   10. Of the number of [inmates] INCARCERATED INDIVIDUALS in the custody
 of  the  department  of  correction  on the last Friday of each calendar
 month of the reporting period held  on  pending  criminal  charges,  the
 percentage  charged with offenses of the following severity: (a) class A
 felonies disaggregated by offense; (b) violent felonies  as  defined  in
 section  70.02  of the penal law; (c) non-violent felonies as defined in
 section 70.02 of the penal law; (d) misdemeanors;  or  (e)  non-criminal
 charges.
   Of  the number of [inmates] INCARCERATED INDIVIDUALS in the custody of
 the department of correction on the last Friday of each  calendar  month
 of the reporting period held on pending criminal charges, the percentage
 charged  with  offenses  of the following type, including the attempt to
 commit any of such offense as defined in [section] ARTICLE  110  of  the
 penal law:
   12.  The  number of [inmates] INCARCERATED INDIVIDUALS admitted to the
 custody of the department of correction during the reporting  period  on
 pending  criminal  charges who were charged with offenses in the catego-
 ries defined in subparagraphs a, b, and c of paragraph 11 of this subdi-
 vision.
   13. The number of [inmates] INCARCERATED INDIVIDUALS admitted  to  the
 custody  of  the department of correction during the reporting period on

 A. 2395                            170
 
 pending criminal charges who had bail fixed in  the  following  amounts:
 (a)  $1;  (b) $2-$500; (c) $501-$1000; (d) $1001-$2500; (e) $2501-$5000;
 (f)  $5001-$10,000;  (g)  $10,001-$25,000;  (h)   $25,001-$50,000;   (i)
 $50,001-$100,000; or (j) more than $100,000.
   14. Of the number of [inmates] INCARCERATED INDIVIDUALS in the custody
 of  the  department  of  correction on the final Friday of each calendar
 month of the reporting period who were held on pending criminal charges,
 the percentage who had bail fixed in the following amounts: (a) $1;  (b)
 $2-$500;   (c)   $501-$1000;   (d)  $1001-$2500;  (e)  $2501-$5000;  (f)
 $5001-$10,000;   (g)   $10,001-$25,000;   (h)    $25,001-$50,000;    (i)
 $50,001-$100,000; or (j) more than $100,000.
   15. Of the number of [inmates] INCARCERATED INDIVIDUALS in the custody
 of the department of correction on the final day of the reporting period
 who  were  held on pending criminal charges, the percentage who had been
 incarcerated for the following lengths of time: (a) 1-2  days;  (b)  3-5
 days;  (c)  6-15  days; (d) 16-30 days; (e) 31-90 days; (f) 91-180 days;
 (g) 180-365 days; or (h) more than 365 days.
   The information in paragraphs 1, 5, 7, 9, 13, 15, 30, 31, 32,  and  33
 of this subdivision disaggregated by the borough in which the [inmate's]
 INCARCERATED  INDIVIDUAL'S  case  was pending. This data shall be listed
 separately and shall also be  compared  to  the  following  crime  rates
 disaggregated by borough:
   33. Of the number of [inmates] INCARCERATED INDIVIDUALS in the custody
 of  the  department  of  correction  on the last Friday of each calendar
 month who were held on pending criminal  charges  during  the  reporting
 period,  the  percentage in which the status of the criminal case on the
 final day of the reporting period is as follows:  (a)  the  charges  are
 pending  and the defendant was released by posting bail; (b) the charges
 are pending and the defendant was  released  by  court  order;  (c)  the
 charges  are  pending and the defendant was not released; (d) conviction
 for a violent felony; (e)  conviction  for  a  non-violent  felony;  (f)
 conviction for a misdemeanor; (g) conviction for a non-criminal offense;
 (h) charges dismissed or adjourned in contemplation of dismissal; or (i)
 any other disposition.
   §  299.  Subdivision (e) of section 11-4021 of the administrative code
 of the city of New York, as amended by chapter 556 of the laws of  2011,
 is amended to read as follows:
   (e) In the alternative, the commissioner of finance may dispose of any
 cigarettes  seized  pursuant to this section, except those that violate,
 or are suspected of violating, federal trademark laws or import laws, by
 transferring them to the department of correction for sale to or use  by
 [inmates] INCARCERATED INDIVIDUALS in such institutions.
   §  300.  Subdivision b of section 14-140 of the administrative code of
 the city of New York, as amended by local law number 28 of the  city  of
 New York for the year 1987, is amended to read as follows:
   b. Custody of property and money. All property or money taken from the
 person  or  possession of a prisoner, all property or money suspected of
 having been unlawfully obtained or stolen or embezzled or of  being  the
 proceeds  of  crime  or  derived  through  crime  or derived through the
 conversion of unlawfully acquired property or money or  derived  through
 the  use  or sale of property prohibited by law from being held, used or
 sold, all property or money suspected of having been used as a means  of
 committing  crime  or  employed  in aid or furtherance of crime or held,
 used or sold in violation of law, all money  or  property  suspected  of
 being  the  proceeds  of  or  derived through bookmaking, policy, common
 gambling, keeping a gambling place or device, or any other form of ille-

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 gal gambling activity and all  property  or  money  employed  in  or  in
 connection  with  or  in  furtherance of any such gambling activity, all
 property or money taken by the police as evidence in a criminal investi-
 gation or proceeding, all property or money taken from or surrendered by
 a  pawnbroker  on  suspicion of being the proceeds of crime or of having
 been unlawfully obtained, held or used by the person who  deposited  the
 same  with  the pawnbroker, all property or money which is lost or aban-
 doned, all property or money left uncared  for  upon  a  public  street,
 public  building  or  public place, all property or money taken from the
 possession of a person appearing to be insane, intoxicated or  otherwise
 incapable of taking care of himself or herself, that shall come into the
 custody  of  any  member  of the police force or criminal court, and all
 property or money of [inmates]  INCARCERATED  INDIVIDUALS  of  any  city
 hospital,  prison  or  institution except the property found on deceased
 persons that shall remain unclaimed in its custody for a period  of  one
 month,  shall  be given, as soon as practicable, into the custody of and
 kept by the property clerk  except  that  vehicles  suspected  of  being
 stolen or abandoned and evidence vehicles as defined in subdivision b of
 section  20-495  of  the  code  may  be taken into custody in the manner
 provided for in subdivision b of section 20-519 of the code.
   § 301. Intentionally omitted.
   § 302. Intentionally omitted.
   § 303. Intentionally omitted.
   § 304. The opening paragraph of subdivision a of section 17-199 of the
 administrative code of the city of New  York,  as  added  by  local  law
 number  58 of the city of New York for the year 2015, is amended to read
 as follows:
   The department shall submit to the mayor and the speaker of the  coun-
 cil  no  later  than July 15, 2015, and every three months thereafter, a
 report regarding the medical and  mental  health  services  provided  to
 [inmates]  INCARCERATED  INDIVIDUALS  in  city  correctional  facilities
 during the previous three calendar months that includes, but need not be
 limited to:
   § 305. The fourth undesignated paragraph of  section  17-1801  of  the
 administrative  code  of  the  city  of  New York, as added by local law
 number 124 of the city of New York for the year 2016, is amended to read
 as follows:
   Health evaluation. The term "health evaluation" means  any  evaluation
 of an [inmate's] INCARCERATED INDIVIDUAL'S health and mental health upon
 their  admission to the custody of the department of correction pursuant
 to minimum standards of [inmate]  INCARCERATED  INDIVIDUAL  care  estab-
 lished by the board of correction.
   § 306. Intentionally omitted.
   §  307.  Section 17-1804 of the administrative code of the city of New
 York, as added by local law number 124 of the city of New York  for  the
 year 2016, the section heading as amended by local law number 190 of the
 city of New York for the year 2019, is amended to read as follows:
   §  17-1804  Health  information exchange for incarcerated individuals.
 The department or its designee shall establish procedures to obtain  the
 pre-arraignment screening record created pursuant to section 17-1802 and
 any medical records created and maintained by any hospital in connection
 with  treatment  provided  to  an  arrestee  who subsequently enters the
 custody of the department of correction, at the request  of  any  health
 care  provider conducting a health evaluation of such [inmate] INCARCER-
 ATED INDIVIDUALS.
   § 308. Intentionally omitted.

 A. 2395                            172
 
   § 309. Intentionally omitted.
   § 310. Intentionally omitted.
   § 311. Intentionally omitted.
   §  312.  Section  27-260 of the administrative code of the city of New
 York is amended to read as follows:
   § 27-260 Classification. Buildings and spaces shall be  classified  in
 the  institutional  occupancy group when persons suffering from physical
 limitations because of health or age are harbored therein  for  care  or
 treatment;  when  persons are detained therein for penal or correctional
 purposes; or when the liberty of the [inmates] INCARCERATED  INDIVIDUALS
 is  restricted. The institutional occupancy group consists of sub groups
 H-1 and H-2.
   § 313. Subdivision b of section 403.4.1 of chapter 4 of the  New  York
 city plumbing code, as amended by local law number 79 of the city of New
 York for the year 2016, is amended to read as follows:
   b. Toilet  facilities  for employees shall be separate from facilities
 for [inmates] INCARCERATED INDIVIDUALS or patients.
   § 314. Subdivision e of section 13-c of the New York city charter,  as
 added by local law number 103 of the city of New York for the year 2016,
 is amended to read as follows:
   e.  Four-year  plan. Within one year after the completion of the first
 biennial report required by subdivision d of this section, and in  every
 fourth  calendar  year  thereafter,  the  coordinator  shall prepare and
 submit to the mayor and the  council  a  four-year  plan  for  providing
 reentry  services  to  those city residents who need such services. Such
 plan may include recommendations for approaches to  serving  city  resi-
 dents  in  need  of  reentry services, including the establishment of an
 initial point of access for individuals immediately upon  their  release
 from  the custody of the department of correction in a location adjacent
 to Rikers Island or to the correctional facility that releases the  most
 [inmates]  INCARCERATED  INDIVIDUALS  daily.  Such report and plan shall
 also identify obstacles to making such services available to  all  those
 who  need them and describe what additional resources would be necessary
 to do so.
   § 315. Paragraph 8 of subdivision d of section 556  of  the  New  York
 city  charter,  as added by a vote of the people of the city of New York
 at the general election held in November of 2001, section 11 of proposal
 number 5, is amended to read as follows:
   (8) promote or provide medical and health services for  the  [inmates]
 INCARCERATED INDIVIDUALS of prisons maintained and operated by the city;
   §  316. Section 625 of the New York city charter is amended to read as
 follows:
   § 625.  Labor of prisoners. Every [inmate] INCARCERATED INDIVIDUAL  of
 an institution under the authority of the commissioner shall be employed
 in some form of industry, in farming operations or other employment, and
 products thereof shall be utilized in the institutions under the commis-
 sioner  or  in  any  other  agency.  Those persons held for trial may be
 employed in the same manner as sentenced prisoners, provided  they  give
 their  consent  in  writing.  Such [inmates] INCARCERATED INDIVIDUALS or
 prisoners held for trial may be detailed by the commissioner to  perform
 work  or  service on the grounds and buildings or on any public improve-
 ment under the charge of any other agency.
   § 317. Paragraph 1 of subdivision d of section 803  of  the  New  York
 city  charter,  as added by local law number 165 of the city of New York
 for the year 2016, is amended to read as follows:

 A. 2395                            173
 
   1. The commissioner shall, immediately upon appointment of  the  indi-
 vidual  described in paragraph 2 of this subdivision, in addition to the
 investigatory work done in  the  normal  course  of  the  commissioner's
 duties,   on  an  ongoing  basis,  conduct  system-wide  investigations,
 reviews,   studies,  and  audits,  and  make  recommendations  regarding
 system-wide operations, policies, programs, and practices of the depart-
 ment of correction, with the goal of improving conditions in city jails,
 including but not limited to, reducing violence in departmental  facili-
 ties,  protecting  the  safety  of  departmental employees and [inmates]
 INCARCERATED INDIVIDUALS, protecting the rights of [inmates] INCARCERAT-
 ED INDIVIDUALS, and increasing the public's confidence in the department
 of correction. The commissioner may consider, in addition to  any  other
 information the commissioner deems relevant, information regarding civil
 actions  filed  in  state or federal court against individual correction
 officers or the city regarding the department of correction, notices  of
 claim  received  by  the comptroller filed against individual correction
 officers or the city regarding the department of correction, settlements
 by the comptroller of claims filed against individual  correction  offi-
 cers  or  the  city  regarding  the department of correction, complaints
 received and  investigations  conducted  by  the  board  of  correction,
 complaints  received  and  any  investigations regarding such complaints
 conducted by the department of correction, complaints received  pursuant
 to  section  804  OF  THIS CHAPTER, and any criminal arrests or investi-
 gations of individual correction officers known  to  the  department  of
 investigation in its ongoing review of the department of correction.
   §  318.  Subdivision 9 of section 1057-a of the New York city charter,
 as added by local law number 138 of the city of New York  for  the  year
 2016, is amended to read as follows:
   9.  In addition to the other requirements of this section, the depart-
 ment of correction shall implement and administer a program of  distrib-
 ution  and  submission of absentee ballot applications, and subsequently
 received absentee ballots, for eligible [inmates] INCARCERATED  INDIVID-
 UALS.  Such  department shall offer, to all [inmates] INCARCERATED INDI-
 VIDUALS who are registered to vote, absentee ballot applications, and  a
 means  to  complete them, during the period from sixty days prior to any
 primary, special, or general election in the city of New York until  two
 weeks  prior  to  any  such election. Such department shall subsequently
 provide any absentee ballot received from  the  board  of  elections  in
 response to any such application to the applicable [inmate] INCARCERATED
 INDIVIDUAL,  as  well  as  a means to complete it. Such department shall
 provide assistance to any such [inmate] INCARCERATED INDIVIDUAL in fill-
 ing out such application or ballot upon request. Such department  shall,
 not later than five days after receipt, transmit such completed applica-
 tions  and  ballots from any [inmate] INCARCERATED INDIVIDUAL who wishes
 to have them transmitted to the board of elections for the city  of  New
 York. The provisions of this subdivision shall not apply in any specific
 instance in which the department deems it unsafe to comply therewith.
   § 319. Whenever the term "inmate" or any equivalent expression thereof
 is  used  in any provision of law, such term shall be deemed to mean and
 refer to an "incarcerated individual" or variation thereof.
   § 320. Any provision of any act of  the  legislature  enacted  in  the
 calendar  year  in which this act is enacted, which contains a reference
 to an inmate or an equivalent expression thereof shall be deemed to mean
 or refer to an incarcerated individual as the context requires  pursuant
 to the provisions of this act.

 A. 2395                            174
 
   § 321. The commissioner of the department of corrections and community
 supervision  and  the commissioner of the department of criminal justice
 services shall act to remove references to  "inmate"  or  an  equivalent
 expression  thereof  from internal documents and replace such references
 to "incarcerated individual" as the context requires.
   §  322.  This  act  shall  take effect immediately, provided, however,
 that:
   1. the amendments to subdivision 1 of section 259-c of  the  executive
 law made by section eight of this act shall be subject to the expiration
 and  reversion  of such subdivision pursuant to subdivision d of section
 74 of chapter 3 of the laws of 1995, as amended, when upon such date the
 provisions of section eight-a of this act shall take effect;
   2. the amendments to subdivision 2 of section 259-c of  the  executive
 law  made  by  section eight-b of this act shall take effect on the same
 date and in the same manner as section 38-b of subpart A of  part  C  of
 chapter 62 of the laws of 2011, takes effect;
   3.  the amendments to paragraph (a) of subdivision 2 and paragraph (d)
 of subdivision 3 of section 259-i of the executive law made  by  section
 eleven  of  this act shall be subject to the expiration and reversion of
 such paragraphs pursuant to subdivision d of section 74 of chapter 3  of
 the  laws  of  1995,  as  amended, when upon such date the provisions of
 section eleven-a of this act shall take effect;
   4. the amendments to paragraph (a) of subdivision 1 of  section  259-r
 of  the  executive  law  made  by  section fourteen of this act shall be
 subject to the expiration and reversion of such  paragraph  pursuant  to
 subdivision  d  of  section  74  of  chapter  3  of the laws of 1995, as
 amended, when upon such date the provisions  of  section  fourteen-a  of
 this act shall take effect;
   5.  the  amendments  to paragraph b of subdivision 2 of section 265 of
 the executive law made by section sixteen of this act shall  not  affect
 the repeal of such section and shall be deemed repealed therewith;
   6.  the  amendments  to  paragraph  (a-1)  of subdivision 1 of section
 2807-c of the public health law made by section fifty-three of this  act
 shall  be  subject  to  the  expiration  and reversion of such paragraph
 pursuant to subdivision 5 of section 168 of chapter 639 of the  laws  of
 1996,  as  amended, when upon such date the provisions of section fifty-
 three-a of this act shall take effect;
   7. the amendments to subdivision 5 of section 60.35 of the  penal  law
 made  by  section  one hundred three of this act shall be subject to the
 expiration and reversion of such subdivision pursuant to  subdivision  h
 of  section  74  of chapter 3 of the laws of 1995, as amended, when upon
 such date the provisions of section one  hundred  three-a  of  this  act
 shall take effect;
   8.  the  amendments to paragraph (d) of subdivision 1 of section 70.20
 of the penal law made by section one hundred four of this act  shall  be
 subject  to the expiration and reversion of such subdivision pursuant to
 subdivision d of section 74 of  chapter  3  of  the  laws  of  1995,  as
 amended,  when  upon  such  date  the  provisions of section one hundred
 four-a of this act shall take effect;
   9. the amendments to subdivision 18 of section 2 of the correction law
 made by section one hundred seven of this act shall be  subject  to  the
 expiration and reversion of such subdivision pursuant to subdivision (q)
 of  section 427 of chapter 55 of the laws of 1992, as amended, when upon
 such date the provisions of section one  hundred  seven-a  of  this  act
 shall take effect;

 A. 2395                            175
 
   10.  the  amendments to subdivision 17 of section 45 of the correction
 law made by section one hundred twenty-one of this act shall not  affect
 the repeal of such subdivision and shall be deemed repealed therewith;
   11.  the  amendments  to subdivision 5 of section 72 of the correction
 law made by section one  hundred  twenty-eight  of  this  act  shall  be
 subject  to the expiration and reversion of such subdivision pursuant to
 section 10 of chapter 339 of the laws of 1972,  as  amended,  when  upon
 such  date  the provisions of section one hundred twenty-eight-a of this
 act shall take effect;
   12. the amendments to section 72-a  of  the  correction  law  made  by
 section one hundred twenty-nine of this act shall not affect the expira-
 tion of such section and shall be deemed to expire therewith;
   13. the amendments to section 91 of the correction law made by section
 one hundred forty-two of this act shall be subject to the expiration and
 reversion  of such section pursuant to section 8 of part H of chapter 56
 of the laws of 2009, as amended, when upon such date the  provisions  of
 section one hundred forty-two-a of this act shall take effect;
   14. the amendments to section 92 of the correction law made by section
 one  hundred  forty-three of this act shall be subject to the expiration
 and reversion of such section pursuant to section 8 of part H of chapter
 56 of the laws of 2009, as amended, when upon such date  the  provisions
 of section one hundred forty-three-a of this act shall take effect;
   15.  the  amendments  to  sections  500-b,  500-c,  and  500-o  of the
 correction law made by sections one hundred  ninety-eight,  one  hundred
 ninety-nine,  and  two  hundred  three  of this act shall not affect the
 repeal of such sections and shall be deemed repealed therewith;
   16. the amendments to subdivision (a) of section 601 of the correction
 law made by section two hundred nine of this act shall be subject to the
 expiration and reversion of such subdivision pursuant to  subdivision  d
 of  section  74  of chapter 3 of the laws of 1995, as amended, when upon
 such date the provisions of section two hundred nine-a of this act shall
 take effect;
   17. the amendments to subdivision (b) of section 601 of the correction
 law made by section two hundred nine-a of this act shall take effect  on
 the  same date and in the same manner as section 6 of chapter 738 of the
 laws of 2004, takes effect;
   18. the amendments to article 22-A  of  the  correction  law  made  by
 sections  two  hundred twenty, two hundred twenty-one, two hundred twen-
 ty-two and two hundred twenty-three of this act  shall  not  affect  the
 expiration of such article and shall be deemed to expire therewith;
   19.  the  amendments  to  section  803  of  the correction law made by
 section two hundred twenty-four of this act  shall  be  subject  to  the
 expiration  and  reversion  of such section pursuant to subdivision d of
 section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
 date  the  provisions  of  section two hundred twenty-four-a of this act
 shall take effect;
   20. the amendments to section  805  of  the  correction  law  made  by
 section two hundred twenty-six of this act shall be subject to the expi-
 ration  and  reversion  of  such  section  pursuant  to subdivision d of
 section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
 date  the  provisions  of  section  two hundred twenty-six-a of this act
 shall take effect;
   21. the amendments to section  806  of  the  correction  law  made  by
 section two hundred twenty-seven of this act shall not affect the repeal
 of such section and shall be deemed repealed therewith;

 A. 2395                            176
 
   22.  the  amendments to subdivision 2 of section 851 of the correction
 law made by section two  hundred  twenty-eight  of  this  act  shall  be
 subject  to the expiration and reversion of such subdivision and section
 pursuant to subdivision (c) of section 46 of chapter 60 of the  laws  of
 1994 and section 10 of chapter 339 of the laws of 1972, as amended, when
 upon  such  date the provisions of section two hundred twenty-eight-b of
 this act shall take effect;
   23. the amendments to section  851  of  the  correction  law  made  by
 sections  two  hundred  twenty-eight-b and two hundred twenty-eight-c of
 this act shall be subject  to  the  expiration  and  reversion  of  such
 section  pursuant  to subdivision (c) of section 46 of chapter 60 of the
 laws of 1994, section 10 of chapter 339 of the laws of 1972, and section
 5 of chapter 554 of the laws of 1986, as amended, when  upon  such  date
 section two hundred twenty-eight-d of this act shall take effect;
   24.  the  amendments  to  section  851  of the correction law, made by
 section two hundred twenty-eight-a of this act,  shall  not  affect  the
 expiration  and reversion of such section pursuant to chapter 339 of the
 laws of 1972, as amended, and shall expire  therewith,  when  upon  such
 date section two hundred twenty-eight-c of this act shall take effect;
   25.  the  amendments  to  section  852  of the correction law, made by
 section two hundred twenty-nine of this act  shall  be  subject  to  the
 expiration  and reversion of such section pursuant to chapter 339 of the
 laws of 1972, as amended, when upon such date the provisions of  section
 two hundred twenty-nine-a of this act shall take effect;
   26.  the  amendments  to  section  855  of the correction law, made by
 section two hundred thirty-one of this act, shall not affect the expira-
 tion and reversion of such section pursuant to chapter 339 of  the  laws
 of 1972, as amended, and shall expire therewith, when upon such date the
 provisions  of  section  two hundred thirty-one-a of this act shall take
 effect;
   27. the amendments to section  856  of  the  correction  law  made  by
 section two hundred thirty-two of this act shall be subject to the expi-
 ration and reversion of such section pursuant to chapter 339 of the laws
 of  1972,  as amended, when upon such date the provisions of section two
 hundred thirty-two-a of this act shall take effect;
   27-a. the amendments to section 865 of  the  correction  law  made  by
 section  two  hundred  thirty-seven of this act shall take effect on the
 same date and in the same manner as section 2 of part KK of  chapter  55
 of the laws of 2019, takes effect;
   28.  the  amendments  to  subdivision  9 of section 10 of the court of
 claims act made by section two hundred forty-six of this act  shall  not
 affect  the expiration of such subdivision and shall be deemed to expire
 therewith;
   29. the amendments to subdivision (f) of section  1101  of  the  civil
 practice  law  and  rules made by section two hundred forty-nine of this
 act shall not affect the expiration of such  subdivision  and  shall  be
 deemed to expire therewith; and
   30.  the  amendments to subdivision d of section 9-149 of the adminis-
 trative code of the city of New York made by section two  hundred  nine-
 ty-four  of this act shall not affect the repeal of such subdivision and
 shall be deemed repealed therewith.