S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8216
 
                             I N  S E N A T E
 
                             February 2, 2022
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN ACT to amend the correction law, the executive law, the local finance
   law, the mental hygiene law, the penal law, the public health law, the
   social  services  law  and  the administrative code of the city of New
   York, in relation to  replacing  instances  of  the  words  inmate  or
   inmates  with  the words incarcerated individual or incarcerated indi-
   viduals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  18  of  section 45 of the correction law, as
 added by chapter 432 of the laws of 2021, is renumbered  subdivision  19
 and is amended to read as follows:
   19.  Establish  standards  and  guidelines for a program of medication
 assisted treatment for  [inmates]  INCARCERATED  INDIVIDUALS  in  county
 jails  and/or  county  correctional facilities equivalent to the program
 established in state correctional facilities  pursuant  to  section  six
 hundred  twenty-six of this chapter and submit an annual report consist-
 ent with the requirements of subdivision three of such section.
   § 2. Section 49 of the correction law, as added by chapter 557 of  the
 laws of 2021, is amended to read as follows:
   §  49.  Commission  on prison education. There is hereby established a
 commission on prison education comprised of nine members who shall study
 and develop a plan for improving education in the state  prison  system.
 The  commission  on  prison education shall consider and investigate the
 following factors when determining education improvements: the impact on
 an [inmate's] INCARCERATED INDIVIDUAL'S  employment  opportunities  upon
 release  from  prison, the impact on an [inmate's] INCARCERATED INDIVID-
 UAL'S reintegration into society and the effectiveness in reducing reci-
 divism. Appointments to the task force shall be made as  follows:  three
 by the governor; two by the speaker of the assembly; one by the minority
 leader of the assembly; two by the temporary president of the senate and
 one  by  the  minority  leader  of  the senate. The commission on prison
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14403-01-2
 S. 8216                             2
 
 education shall issue a report within ten  months  after  the  effective
 date of this section.
   §  3.  Subdivision 1-b of section 71 of the correction law, as amended
 by chapter 322 of the laws of 2021, is amended to read as follows:
   1-b. The commissioner shall promulgate rules and  regulations  setting
 forth the procedures by which an incarcerated individual may apply to be
 considered  for  transfer  to a foreign nation. The commissioner, or his
 designee, shall retain sole and absolute authority to approve or  disap-
 prove  an  incarcerated  individual's application for transfer.  Nothing
 herein shall be construed to confer upon an  incarcerated  individual  a
 right  to  be  [a] transferred to a foreign nation.  Notwithstanding any
 other law, rule or regulation to the contrary, no [inmate]  INCARCERATED
 INDIVIDUAL application for transfer shall be processed unless the incar-
 cerated  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 incarcerated individual's most recent legal date computation  print-
 out  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 designee, 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 incarcerated individ-
 ual's voluntary request for transfer.
   § 4. Paragraph b of subdivision 3 of section  146  of  the  correction
 law, as amended by chapter 32 of the laws of 2021, is amended to read as
 follows:
   b.  Upon  twenty-four hours advance notice, at the commencement of any
 visits to, or inspections and examinations of, state correctional facil-
 ities, the superintendent and executive team, to the extent practicable,
 shall meet with the correctional  association.  Upon  twenty-four  hours
 advance notice, the correctional association may meet privately with the
 [inmate]  INCARCERATED  INDIVIDUAL liaison committee and representatives
 of the [inmate] INCARCERATED INDIVIDUAL grievance  resolution  committee
 or  any other organization of incarcerated individuals recognized by the
 department.
   § 5. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401
 of the correction law, as separately amended by section 8 of part NNN of
 chapter 59 and chapter 322 of the laws of 2021, is amended  to  read  as
 follows:
   (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 incarcerated individual,
 may  determine  that  an 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  incarcerated individuals or staff. Such determination shall be docu-
 mented in writing and  such  [inmate]  INCARCERATED  INDIVIDUAL  may  be
 removed  to  a residential rehabilitation unit that is not a residential
 mental health treatment unit where alternative mental  health  treatment
 and/or  other  therapeutic programming, as determined by a mental health
 clinician, shall be provided.
 S. 8216                             3
 
   § 6. Subdivision 2 of section 500-k of the correction law, as added by
 chapter 93 of the laws of 2021, is amended to read as follows:
   2.  Notwithstanding any other section of law to the contrary, subdivi-
 sion thirty-four of section two of this chapter, and subparagraphs  (i),
 (iv)  and (v) of paragraph (j) and subparagraph (ii) of paragraph (m) of
 subdivision six of section one  hundred  thirty-seven  of  this  chapter
 shall  not  apply to local correctional facilities with a total combined
 capacity of five hundred [inmates]  INCARCERATED INDIVIDUALS or fewer.
   § 7. Section 601-a of the correction law, as amended by chapter 337 of
 the laws of 2009, is amended to read as follows:
   § 601-a. Return of persons erroneously sentenced for  the  purpose  of
 resentence.  Whenever it shall appear to the satisfaction of the depart-
 ment based on facts submitted  on  behalf  of  a  person  sentenced  and
 confined  in  a  state prison, that any such person has been erroneously
 sentenced, it shall be the duty of the department  to  communicate  with
 the  sentencing  court, the [inmate's] INCARCERATED INDIVIDUAL'S defense
 attorney and the district attorney of the county in  which  such  person
 was  convicted. If upon investigation, the sentencing court, the defense
 attorney or the district attorney believes that the person has  been  so
 erroneously  sentenced,  the  sentencing court, or the district attorney
 acting at the direction  of  the  sentencing  court,  shall  notify  the
 department  and  arrange  for the person to be heard and properly resen-
 tenced. The department thereupon shall comply with any  court  order  to
 produce  such  person  from such prison and cause him or her to be taken
 before the court in which he or she was sentenced  for  the  purpose  of
 resentence.  The cost and expense of the return of such person necessar-
 ily  incurred  shall be a charge against the county from which he or she
 was committed.
   § 8. Section 607 of the correction law, as added by chapter 570 of the
 laws of 2021, is amended to read as follows:
   § 607. Prohibition of double-bunked housing. 1. For purposes  of  this
 section  "double-bunked  housing"  shall  mean  the practice of [inmate]
 INCARCERATED INDIVIDUAL housing where bunk beds are used in a  dormitory
 setting,  with  [inmates]  INCARCERATED  INDIVIDUALS residing in an open
 space and sleeping on bunk beds.
   2. Upon the effective date of this section, the department is  prohib-
 ited from housing [inmates] INCARCERATED INDIVIDUALS using double-bunked
 housing practices in correctional facilities. Any [inmates] INCARCERATED
 INDIVIDUALS  housed  in such double-bunked housing on the effective date
 of this section shall be moved to other housing accommodations  provided
 that  such  accommodations are not located in a more restrictive housing
 unit or correctional facility unless otherwise appropriate.
   3. The department is authorized to promulgate or repeal any rules  and
 regulations necessary to facilitate the implementation of this section.
   §  9.  Subdivision 4 of section 611 of the correction law, as added by
 chapter 621 of the laws of 2021, is amended to read as follows:
   4. Upon admitting a woman known to be pregnant, or  upon  learning  of
 pregnancy status, the chief medical officer of each correctional facili-
 ty  housing  female  [inmates]  INCARCERATED  INDIVIDUALS, including the
 medical professional responsible for each  local  correctional  facility
 housing  female  [inmates]  INCARCERATED INDIVIDUALS, or such officer or
 professional's designee, shall immediately  inform  such  woman  of  the
 option  of  participating in pregnancy counseling services and the right
 to abortion services.
   § 10. Section 625 of the correction law, as added by  chapter  392  of
 the laws of 2018, is amended to read as follows:
 S. 8216                             4
 
   §  625.  Feminine hygiene products. Feminine hygiene products, includ-
 ing, but not limited to, sanitary napkins,  tampons  and  panty  liners,
 shall  be  provided  at no cost to individuals housed in state and local
 correctional facilities used  for  the  general  confinement  of  female
 [inmates]  INCARCERATED  INDIVIDUALS  and  in  any  other state or local
 facility where women are detained or confined by law  enforcement  agen-
 cies.
   §  11.  Section  626 of the correction law, as added by chapter 432 of
 the laws of 2021, is amended to read as follows:
   § 626. Medication assisted treatment in  correctional  facilities.  1.
 For  purposes  of  this  section  "medication  assisted treatment" means
 treatment of chemical dependence or  abuse  and  concomitant  conditions
 with  medications  requiring  a prescription or order from an authorized
 prescribing professional.
   2. (a) The commissioner, in conjunction with the office of [alcoholism
 and substance abuse] ADDICTION services AND SUPPORTS, shall establish  a
 program to be administered at correctional facilities within the depart-
 ment  in  the  state,  for  the purpose of employing medication assisted
 treatment for [inmates] INCARCERATED INDIVIDUALS in such facilities  who
 are  undergoing  treatment  for  a  substance use disorder. Such program
 shall include all forms of medication assisted treatments  approved  for
 the  treatment  of a substance use disorder by the Federal Food and Drug
 Administration for the duration of an [inmate's]  INCARCERATED  INDIVID-
 UAL'S  incarceration  and shall provide an individualized treatment plan
 for each participant. After a medical screening, [inmates]  INCARCERATED
 INDIVIDUALS  who are determined to suffer from a substance use disorder,
 for which FDA approved addiction  medications  exist  shall  be  offered
 placement  in  the  medication  assisted treatment program. Placement in
 such program shall not be mandatory. Each participating [inmate]  INCAR-
 CERATED INDIVIDUAL shall work with an authorized specialist to determine
 an  individualized  treatment  plan,  including  an appropriate level of
 counseling. Decisions regarding type, dosage, or duration of any medica-
 tion regimen shall be made  by  a  qualified  health  care  professional
 licensed  or  certified  under  title  eight of the education law who is
 authorized  to  administer  such  medication  in  conjunction  with  the
 [inmate] INCARCERATED INDIVIDUAL.
   (b) i. Such program shall also include conditions for a reentry strat-
 egy  for  [inmates]  INCARCERATED  INDIVIDUALS  who have participated in
 medication assisted treatment. Such strategy shall include, but  not  be
 limited  to, providing each participating [inmate] INCARCERATED INDIVID-
 UAL with information on available treatment facilities  in  their  area,
 information on available housing and employment resources, and any other
 information  that  will  assist  the [inmate] INCARCERATED INDIVIDUAL in
 continued recovery once released. Such program  shall  also  assist  the
 [inmate]  INCARCERATED  INDIVIDUAL  in  Medicaid  enrollment,  prior  to
 release.
   ii. Such program shall provide  participating  [inmates]  INCARCERATED
 INDIVIDUAL  preparing  for release from prison with a one-week supply of
 any necessary medication, where permissible under federal laws and regu-
 lations to continue their medication assisted treatment in an effort  to
 prevent relapse.
   (c) Reentry planning and community supervision should include a colla-
 borative  relationship between clinical and parole staff including shar-
 ing of accurate information regarding the [inmate's] INCARCERATED  INDI-
 VIDUAL'S  participation  in medication assisted treatment to ensure that
 their medication is not deemed illicit or illegal. Additionally,  proce-
 S. 8216                             5
 
 dures  shall  be  developed  to  assist any reentrant who communicates a
 relapse with their parole officer or who fails a drug test,  to  receive
 substance use disorder support in lieu of arrest and/or incarceration.
   3. The commissioner shall submit within one year of the effective date
 of  this  section and annually thereafter, a report to the governor, the
 temporary president of the senate and the speaker of the assembly on the
 effectiveness of the program established pursuant to this section.  Such
 reports  shall  include an analysis of the impact of such program on the
 participating [inmates] INCARCERATED INDIVIDUALS, including factors such
 as institutional adjustment, behavior infractions,  reentry  rates,  HIV
 and  hepatitis  C  treatment,  and  program participation, among related
 relevant factors.  The reports shall also include the impact on institu-
 tional safety and performance and  any  recommendations  for  additional
 legislative  enactments  that  may  be  needed or required to improve or
 enhance the program as determined to be appropriate by the commissioner.
   4. Participation in the medication assisted  treatment  program  shall
 not  be  withheld  from a qualified [inmate] INCARCERATED INDIVIDUAL. An
 [inmate] INCARCERATED INDIVIDUAL may enter into such program at any time
 during his or her incarceration.  An  [inmate]  INCARCERATED  INDIVIDUAL
 using medication assisted treatment prior to such [inmate's] INCARCERAT-
 ED INDIVIDUAL'S incarceration shall be eligible to, upon request by such
 [inmate] INCARCERATED INDIVIDUAL, continue such treatment in the medica-
 tion  assisted treatment program for any period of time during the dura-
 tion of such  [inmate's]  INCARCERATED  INDIVIDUAL'S  incarceration.  No
 person  shall  be  denied participation in the program on the basis of a
 positive drug screening upon entering custody or upon  intake  into  the
 program; nor shall any person receive a disciplinary infraction for such
 positive  drug  screening.  No  person  shall be removed from, or denied
 participation in the program on the basis of having received any  disci-
 plinary  infraction:    (a) before entry into the program; or (b) during
 participation in the program.
   § 12. The article heading of article 26-A of the  correction  law,  as
 added by chapter 261 of the laws of 1987, is amended to read as follows:
                         SHOCK INCARCERATION PROGRAM
               FOR STATE CORRECTIONAL [INMATES] INCARCERATED
                                INDIVIDUALS
   § 13. Subdivision 3 of section 259-h of the executive law, as added by
 chapter 904 of the laws of 1977, is amended to read as follows:
   3.  The provisions of this subdivision shall apply in any case where a
 person is under a sentence imposed pursuant to the penal law  in  effect
 prior  to  September  first,  nineteen hundred sixty-seven, other than a
 sentence specified in subdivisions one and  two  of  this  section.  Any
 person  who  is not otherwise or who will not sooner become eligible for
 release on parole shall be or become  eligible  for  release  on  parole
 under such sentence after service of a minimum period of imprisonment of
 eight years and four months.
   Notwithstanding  the  provisions  of  subdivisions one and two hereof,
 [inmates] INCARCERATED INDIVIDUALS convicted of murder,  second  degree,
 and  sentenced  pursuant  to  the  provisions of the penal law in effect
 prior to September first, nineteen  hundred  sixty-seven,  who  are  not
 otherwise  or who will not sooner become eligible for release on parole,
 shall be eligible for  release  on  parole  under  such  sentence  after
 service  of  a  minimum  period  of imprisonment of eight years and four
 months.
   § 14. Subparagraph (i) of paragraph (a) of subdivision  2  of  section
 259-i  of the executive law, as separately amended by section 6 of chap-
 S. 8216                             6
 
 ter 103 and section 11 of chapter 322 of the laws of 2021, is amended to
 read as follows:
   (i)  Except  as  provided  in  subparagraph (ii) of this paragraph, at
 least one month prior to the date on which  an  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 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  incarcerated
 individual shall be informed in writing within two weeks of such appear-
 ance  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  reconsider-
 ation  shall be the same. If the incarcerated individual is released, he
 or she shall be given a copy of the conditions of  parole.  Such  condi-
 tions  shall  where  appropriate, include a requirement that the parolee
 comply with any restitution order,  mandatory  surcharge,  sex  offender
 registration  fee  and DNA databank fee previously imposed by a court of
 competent jurisdiction that applies to the parolee. The conditions shall
 indicate which restitution collection agency established under  subdivi-
 sion  eight  of  section  420.10 of the criminal procedure law, shall be
 responsible for collection  of  restitution,  mandatory  surcharge,  sex
 offender  registration  fees  and  DNA  databank fees as provided for in
 section 60.35 of the penal law and section eighteen hundred nine of  the
 vehicle  and  traffic  law.  If  the [inmate] INCARCERATED INDIVIDUAL is
 released, he or she shall also be notified in writing that  his  or  her
 voting rights will be restored upon release.
   § 15. Paragraph (a) of subdivision 2 of section 259-i of the executive
 law,  as separately amended by section 7 of chapter 103 and section 11-a
 of chapter 322 of the laws of 2021, is 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  incarcerated  individual serving an indeterminate sentence and
 determine whether he or she should be paroled at the expiration  of  the
 minimum  period  or  periods  in  accordance with the procedures adopted
 pursuant to subdivision four of section two hundred fifty-nine-c of this
 article. If parole is not granted upon  such  review,  the  incarcerated
 individual shall be informed in writing within two weeks of such appear-
 ance  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  reconsider-
 ation  shall be the same. If the incarcerated individual is released, he
 or she shall be given a copy of the conditions of  parole.  Such  condi-
 tions  shall  where  appropriate, include a requirement that the parolee
 comply with any restitution order  and  mandatory  surcharge  previously
 imposed  by  a court of competent jurisdiction that applies to the paro-
 lee. 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. If the
 [inmate] INCARCERATED INDIVIDUAL is released, he or she  shall  also  be
 S. 8216                             7
 
 notified  in writing that his or her voting rights will be restored upon
 release.
   §  16.  Subdivision  5  of  paragraph b of section 101.00 of the local
 finance law, as amended by chapter 200 of the laws of 1960,  is  amended
 to read as follows:
   5.  A  county,  city  or town from providing, pursuant to law, for the
 care, support, maintenance and secular education of  inmates  of  orphan
 asylums,  homes  for  dependent  children or INCARCERATED INDIVIDUALS IN
 correctional institutions and of children  placed  in  family  homes  by
 authorized agencies, whether under public or private control.
   §  17.  Subdivision (l) of section 10.03 of the mental hygiene law, as
 added by chapter 7 of the laws of 2007, is amended to read as follows:
   (l) "Related offenses" include any offenses  that  are  prosecuted  as
 part of the same criminal action or proceeding, or which are part of the
 same  criminal  transaction,  or  which  are  the bases of the orders of
 commitment received  by  the  department  of  correctional  services  in
 connection  with an [inmate's] INCARCERATED INDIVIDUAL'S current term of
 incarceration.
   § 18. Subdivision 8 of section 60.05 of the penal  law,  as  added  by
 section  1  of  part KK of chapter 55 of the laws of 2019, is amended to
 read as follows:
   8. Shock incarceration participation. (a) When  the  court  imposes  a
 determinate  sentence  of  imprisonment pursuant to subdivision three of
 section 70.02 of this chapter or subdivision six  of  section  70.06  of
 this  chapter  upon  a person who stands convicted either of burglary in
 the second degree as defined in subdivision two  of  section  140.25  of
 this  chapter  or robbery in the second degree as defined in subdivision
 one of section 160.10 of this  chapter,  or  an  attempt  thereof,  upon
 motion of the defendant, the court may issue an order directing that the
 department 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)  Paragraph  [(b)]  B of subdivision seven of section 60.04 of this
 article shall apply in the event  an  [inmate]  INCARCERATED  INDIVIDUAL
 designated  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.
   §  19.  Subparagraph  (i) of paragraph (a), subparagraph (ii) of para-
 graph (c) and subparagraphs (i) and (ii) of paragraph (f) of subdivision
 6 of section 3502 of the public health law, as added by chapter  313  of
 the laws of 2018, are amended to read as follows:
   (i)  Notwithstanding  the  provisions  of  this  section  or any other
 provision of law, rule or regulation to the contrary,  licensed  practi-
 tioners,  persons  licensed  under this article and unlicensed personnel
 employed at a local correctional facility may, in a manner permitted  by
 the  regulations  promulgated pursuant to this subdivision, utilize body
 imaging scanning equipment that applies ionizing radiation to humans for
 purposes of screening [inmates] INCARCERATED  INDIVIDUALS  committed  to
 S. 8216                             8
 
 such  facility, in connection with the implementation of such facility's
 security program.
   (ii) Limitations on exposure which shall be no more than fifty percent
 of  the annual exposure limits for non-radiation workers as specified by
 applicable regulations, except that [inmates]  INCARCERATED  INDIVIDUALS
 under the age of eighteen shall not be subject to more than five percent
 of  such annual exposure limits, and pregnant women shall not be subject
 to such scanning at any time. Procedures for identifying pregnant  women
 shall be set forth in the regulations;
   (i)  the number of times the equipment was used on [inmates] INCARCER-
 ATED INDIVIDUALS upon intake, after visits, and upon  the  suspicion  of
 contraband,  as  well  as  any other event that triggers the use of such
 equipment;
   (ii) the average, median, and highest number of  times  the  equipment
 was  used  on  any  [inmate] INCARCERATED INDIVIDUAL, with corresponding
 exposure levels;
   § 20. Subdivision 7 of section 194 of  the  social  services  law,  as
 amended  by  chapter  322  of  the  laws  of 2021, is amended to read as
 follows:
   7. as far as practicable provide suitable employment for any incarcer-
 ated individual whom the attending physician pronounces  able  to  work,
 assigning  such  [inmates]  INCARCERATED  INDIVIDUALS  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 incarcerated individ-
 uals,
   § 21. Paragraph 1 of subdivision b of section 9-143 of the administra-
 tive code of the city of New York, as amended by chapter 322 of the laws
 of 2021, is amended to read as follows:
   1.  The  number of incarcerated individuals released by the department
 to the community during the reporting period,  the  number  of  eligible
 [inmates]  INCARCERATED  INDIVIDUALS  released  to  the community by the
 department during the reporting period, and the percentage of  incarcer-
 ated  individuals  released  to the community by the department who were
 eligible during the reporting period, provided that  such  report  shall
 count  each  individual  released during the reporting period only once;
 and
   § 22. Subdivision a of section 9-149 of the administrative code of the
 city of New York, as amended by chapter 322 of  the  laws  of  2021,  is
 amended to read as follows:
   a.  In  order  to  facilitate  the posting of bail, the department may
 delay the transportation of an incarcerated individual for admission  to
 a  housing  facility  for  not less than four and not more than 12 hours
 following the [inmate's] INCARCERATED INDIVIDUAL'S arraignment in crimi-
 nal 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 incarcerated individual.
   §  23. The section heading of section 9-154 of the administrative code
 of the city of New York, as added by local law number 144 of the city of
 New York for the year 2018, is amended to read as follows:
   Telephone services to [inmates] INCARCERATED INDIVIDUALS.
 S. 8216                             9
 
   § 24. The definition "correctional health authority" of subdivision  a
 of  section 9-156 of the administrative code of the city of New York, as
 added by local law number 21 of the city of New York for the year  2019,
 is amended to read as follows:
   Correctional  health authority. The term "correctional health authori-
 ty" means the entity responsible for the delivery of health  and  mental
 health  services to [inmates] INCARCERATED INDIVIDUALS in the custody of
 the department.
   § 25. The definition "cell" of section 408.1.1 of the building code of
 the administrative code of the city of New York, as added by  section  5
 of  part  C of local law number 126 of the city of New York for the year
 2021, is amended to read as follows:
   CELL. A room within a housing unit  in  a  detention  or  correctional
 facility  used  to confine [inmates] INCARCERATED INDIVIDUALS or prison-
 ers.
   § 26. Section E106.4.8 of appendix E  of  the  building  code  of  the
 administrative code of the city of New York, as amended by section 54 of
 part  C  of  local  law  number 126 of the city of New York for the year
 2021, is amended to read as follows:
   E106.4.8 Detention  and  correctional  facilities.  In  detention  and
 correctional  facilities,  where a public pay telephone is provided in a
 secured area used only by detainees or [inmates]  INCARCERATED  INDIVID-
 UALS  and security personnel, then at least one TTY shall be provided in
 at least one secured area.
   § 27. This act shall take effect immediately; provided, however:
   a. that if chapter 432 of the laws of 2021 shall not have taken effect
 on or before such date then sections one and eleven of  this  act  shall
 take  effect  on the same date and in the same manner as such chapter of
 the laws of 2021 takes effect;
   b. that if section 8 of part NNN of chapter 59 of  the  laws  of  2021
 shall  not have taken effect on or before such date then section five of
 this act shall take effect on the same date and in the  same  manner  as
 such  section  of  such  part  of such chapter of the laws of 2021 takes
 effect;
   c. that if chapter 93 of the laws of 2021 shall not have taken  effect
 on or before such date then section six of this act shall take effect on
 the same date and in the same manner as such chapter of the laws of 2021
 takes effect;
   d. that if chapter 570 of the laws of 2021 shall not have taken effect
 on  or before such date then section eight of this act shall take effect
 on the same date and in the same manner as such chapter of the  laws  of
 2021 takes effect;
   e. that if chapter 621 of the laws of 2021 shall not have taken effect
 on  or  before such date then section nine of this act shall take effect
 on the same date and in the same manner as such chapter of the  laws  of
 2021 takes effect;
   f. that the amendments to subdivision 2 of section 259-i of the execu-
 tive  law  made  by section fourteen 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  fifteen  of  this  act  shall  take
 effect;
   g.  that the amendments to subdivision 6 of section 3502 of the public
 health law made by section nineteen of this act  shall  not  affect  the
 expiration  and repeal of such subdivision and shall be deemed to expire
 and repeal therewith;
 S. 8216                            10
 
   h. that the amendments to section 9-149 of the administrative code  of
 the  city  of  New York made by section twenty-two of this act shall not
 affect the expiration and repeal of such section and shall be deemed  to
 expire and repeal therewith;
   i.  that if section 5 of part C of local law number 126 of the city of
 New York for the year 2021 shall not have taken effect on or before such
 date then section twenty-five of this act shall take effect on the  same
 date  and  in  the same manner as such local law of the city of New York
 for the year 2021 takes effect; and
   j. that if section 54 of part C of local law number 126 of the city of
 New York for the year 2021 shall not have taken effect on or before such
 date then section twenty-six of this act shall take effect on  the  same
 date  and  in  the same manner as such local law of the city of New York
 for the year 2021 takes effect.