Senate Bill S8612A

2021-2022 Legislative Session

Relates to the establishment of decarceration emergency management plans to be developed for use in the event of a state disaster emergency declared pursuant to executive order

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 11, 2022	advanced to third reading
May 10, 2022	2nd report cal.
May 09, 2022	1st report cal.1143
May 04, 2022	print number 8612a
May 04, 2022	amend and recommit to crime victims, crime and correction
Mar 22, 2022	referred to crime victims, crime and correction

Votes

- May 9, 2022 - Crime Victims, Crime And Correction Committee Vote
  S8612A
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Crime Victims, Crime And Correction Committee Vote: May 9, 2022
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      nay (2)
      
      Akshar
      
      Gallivan

Bill Amendments

Original

A (Active)

2021-S8612 - Details

Current Committee:: Senate Rules
Law Section:: Correction Law
Laws Affected:: Add §134, Cor L

2021-S8612 - Summary

Relates to the establishment of decarceration emergency management plans to be developed for use in the event of a state disaster emergency declared pursuant to executive order; establishes an advisory board to provide recommendations for the development of such plans; establishes criteria to be used to determine eligibility for emergency release of incarcerated individuals.

2021-S8612 - Sponsor Memo

                                 
BILL NUMBER: S8612

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to the establishment of
decarceration emergency management plans to be developed for use in the
event of a state disaster emergency declared pursuant to executive order

 
PURPOSE OF BILL:

The purpose of this bill is to protect incarcerated individuals, correc-
tional staff, and surrounding communities from preventable consequences
of public health or disaster emergencies. When COVID-19 hit New York,
our correctional system was ill-prepared. The result was a higher level
of risk, harm, and loss than would have occurred had disaster management
plans been in effect. This bill requires a thoughtful and deliberate
process for the creation of such plans for each correctional facility.
This bill will save lives.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the correction law by adding a new section
134 titled State Disaster Emergency Management Plan, with 14 subdivi-
sions.

Subdivision 1 of the new section 134 establishes an advisory board to
make recommendations to DOCCS regarding the development of decarceration
emergency management plans for use during a state disaster emergency
declared pursuant to executive order.

Subdivision 2 sets forth the composition of the board's membership.

Subdivision 3 provides a process for filling vacancies on the board.

Subdivision 4 provides a process for electing a chair of the board and
establishes quorum requirements.

Subdivision 5 sets forth the duties of the advisory board, including
establishing requirements that board members visit facilities, that they
evaluate and make site-specific recommendations regarding facilities'
state disaster emergency plan - including a selection process for deter-
mining eligibility for emergency release, a process for evacuation of
incarcerated individuals who do not qualify for emergency release,
changes to facility operations to ensure the safety and well-being of
incarcerated individuals who remain incarcerated during a state disaster
emergency, and alternative methods to meet their needs.

Subdivision 6 requires state agencies and departments to assist the
advisory board as needed in the performance of their duties and provide
access to relevant information upon request.

Subdivision 7 prohibits the compensation of advisory board members but
allows their reimbursement for necessary and actual expenses.

Subdivision 8 authorizes the chair of the board to call meetings of the
board.


Subdivision 9 directs the board to issue its first general recommenda-
tions within 6 months of the effective date of this section, to issue
its facility-specific recommendations within 6 months of a visit to that
facility, and to update any recommendations it makes on at least an
annual basis.

Subdivision 10(a) directs DOCCS to develop and implement sustainable
facility-based decarceration emergency management plans for use in the
event of a state disaster emergency declared pursuant to executive order
based on the advisory board's recommendations within 1 year of receiving
those recommendations and to update that plan on at least an annual
basis.

Subdivision 10(b) requires that decarceration emergency management plans
describe the procedures by which they will be implemented, including
factors to be considered in determining eligibility for emergency
release and the reasons for any denials of eligibility.

Subdivision 11 specifies the factors to be considered when determining
eligibility for emergency release, including whether the individual is
terminally ill, is medically vulnerable, has additional documented
illness(es) verified by an independent medical professional that put
them at risk, is unlikely to pose a substantial risk of causing bodily
injury or inflicting physical violence against another person, is over
55 years of age, is a primary caregiver, is pregnant, has completed at
least half of their minimum sentence if serving and indeterminate
sentence or half of their sentence if serving a determinate sentence, or
will complete their sentence within 18 months of the enactment of this
section.

Subdivision 12 empowers DOCCS to act independently to implement the
decarceration emergency management plans upon the declaration of a state
disaster emergency by executive order.

Subdivision 13 requires DOCCS to provide the decarceration emergency
management plan for each facility operated by DOCCS to the governor, the
state legislature, and the advisory board within 48 hours of the start
of a state disaster emergency declared by executive order, including a
certification that each facility has released the persons described
under this section, the identity of each person released pursuant to a
decarceration emergency management plan, and the factors used to deter-
mine their eligibility for emergency release, without invading the
privacy of those individuals.

Subdivision 14 defines terms used in this section. Section 2 provides
the effective date.

 
JUSTIFICATION:

The U.S. has the highest incarceration rate in the world. Facilities
often suffer from overcrowding and lack access to basic health care.
Correctional facilities across the state have been devastated by the
COVID-19 pandemic, having dramatically high rates of infection, spread,
and mortality. DOCCS was not prepared for the onset of the COVID-19
public health emergency. Moreover, this danger extends beyond prison
walls, impacting staff and their communities as well as the communities
of those imprisoned. Because the majority of incarcerated populations
tend to come from low-income, disenfranchised communities of color, the
added health risks of being incarcerated during a public health crisis
exacerbate an already high-risk situation. To reduce this cycle of
suffering and death and prevent it from happening in the future, we must
reimagine our entire system of incarceration and how correctional facil-
ities respond to state disaster emergencies such as the COVID-19 pandem-
ic.  This bill creates a system of practical responses that would
protect incarcerated populations, correctional facility staff, outside
populations that interact with the criminal justice system, and the
interests of equity and justice.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2021-S8612 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8612
 
                             I N  S E N A T E
 
                              March 22, 2022
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT to amend the correction law, in relation to the establishment of
   decarceration emergency management plans to be developed  for  use  in
   the event of a state disaster emergency declared pursuant to executive
   order

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new  section  134
 to read as follows:
   §  134.  STATE  DISASTER  DECARCERATION EMERGENCY MANAGEMENT PLANS. 1.
 THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT AN  ADVISORY  BOARD  TO
 PROVIDE  RECOMMENDATIONS  TO THE DEPARTMENT REGARDING THE DEVELOPMENT BY
 THE DEPARTMENT OF DECARCERATION EMERGENCY MANAGEMENT  PLANS  WITHIN  THE
 FACILITIES  OPERATED  BY  THE DEPARTMENT FOR USE IN THE EVENT OF A STATE
 DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER.
   2. THE ADVISORY BOARD SHALL CONSIST OF NINE MEMBERS INCLUDING:
   (A) THE COMMISSIONER OF THE DEPARTMENT, OR HIS OR HER DESIGNEE;
   (B) THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR HIS OR HER DESIG-
 NEE;
   (C) THE DIRECTOR OF HOMELAND SECURITY AND EMERGENCY SERVICES;
   (D) TWO INDIVIDUALS WHO WERE FORMERLY INCARCERATED IN FACILITIES OPER-
 ATED BY THE DEPARTMENT, ONE EACH APPOINTED BY THE  SENATE  COMMITTEE  ON
 CRIME  VICTIMS,  CRIME  AND  CORRECTION  AND  THE  ASSEMBLY COMMITTEE ON
 CORRECTIONS, BASED ON CONSULTATIONS WITH ADVOCACY ORGANIZATIONS  WORKING
 DIRECTLY WITH COMMUNITIES IMPACTED BY THE CRIMINAL JUSTICE SYSTEM;
   (E) THREE MEMBERS APPOINTED BY THE GOVERNOR INCLUDING:
   (I)  A  MEMBER OF THE NEW YORK STATE CORRECTIONAL OFFICERS' BENEVOLENT
 ASSOCIATION;
   (II) AN INDIVIDUAL WITH A DEMONSTRATED BACKGROUND IN  EMERGENCY  PLAN-
 NING  WHO  HAS CREATED AN EMERGENCY MANAGEMENT ACCREDITATION PROGRAM FOR
 ACCREDITATION PURPOSES IN THE PAST;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13475-01-1

 S. 8612                             2
 
   (III) AN INDIVIDUAL WITH A BACKGROUND IN CORRECTIONAL HEALTH,  CAPABLE
 OF  ASCERTAINING  PARTICULAR VULNERABILITIES TO ANY EMERGING DISEASES OR
 INFECTIONS, OR ANY OTHER PUBLIC HEALTH RISKS THAT COULD FACE THE  INCAR-
 CERATED POPULATION; AND
   (F) AN ATTORNEY WITH EXPERIENCE DEFENDING THE CONSTITUTIONAL RIGHTS OF
 INCARCERATED INDIVIDUALS.
   3.  VACANCIES ON THE ADVISORY BOARD SHALL BE FILLED IN THE SAME MANNER
 AS THE ORIGINAL APPOINTMENT.
   4. THE MEMBERS OF THE ADVISORY BOARD SHALL ELECT A CHAIR OF THE  BOARD
 FROM AMONG THEIR NUMBER. A MAJORITY OF THE MEMBERS OF THE ADVISORY BOARD
 SHALL  CONSTITUTE A QUORUM FOR THE PURPOSES OF THE BUSINESS OF THE ADVI-
 SORY BOARD.
   5. THE ADVISORY BOARD SHALL:
   (A) VISIT EACH FACILITY OPERATED BY THE DEPARTMENT AT LEAST  ONE  TIME
 EVERY THREE YEARS;
   (B)  EVALUATE  AND  MAKE  GENERAL RECOMMENDATIONS FOR THE CORRECTIONAL
 FACILITY SYSTEM AND FACILITY-SPECIFIC RECOMMENDATIONS FOR EACH  FACILITY
 OPERATED BY THE DEPARTMENT AS TO:
   (I)  A  SELECTION  PROCESS  FOR  INCARCERATED INDIVIDUALS ELIGIBLE FOR
 EMERGENCY RELEASE DURING A STATE DISASTER EMERGENCY DECLARED PURSUANT TO
 EXECUTIVE ORDER. SUCH SELECTION PROCESS SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO, CONSIDERATION OF INCARCERATED INDIVIDUALS WHO MEET  THE  CRITERIA
 INCLUDED UNDER SUBDIVISION ELEVEN OF THIS SECTION;
   (II)  A  PROCESS FOR EVACUATION OF INCARCERATED INDIVIDUALS WHO DO NOT
 QUALIFY FOR EMERGENCY RELEASE DURING A STATE DISASTER EMERGENCY DECLARED
 PURSUANT TO EXECUTIVE ORDER IF SUCH NEED ARISES;
   (III) CHANGES TO FACILITY OPERATIONS TO ENSURE THE SAFETY AND WELL-BE-
 ING OF INCARCERATED INDIVIDUALS WHO REMAIN INCARCERATED DURING  A  STATE
 DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER; AND
   (IV)  ALTERNATIVE  METHODS  THAT  CAN BE DEPLOYED IN ORDER TO MEET THE
 NEEDS OF INCARCERATED INDIVIDUALS WHO  REMAIN  INCARCERATED  DURING  THE
 STATE  DISASTER  EMERGENCY,  INCLUDING  ALTERNATIVES  TO HELP FACILITATE
 VISITS BY COUNSEL AND FAMILY VISITATION; AND
   (C) HAVE AUTHORITY BASED ON A DECLARED EMERGENCY TO  EVALUATE  REPORTS
 AND  DRAFT  COUNTER  REPORTS  WITH  ALTERNATIVE  RECOMMENDED  COURSES OF
 ACTION.
   6. EACH STATE AGENCY AND DEPARTMENT SHALL PROVIDE  ASSISTANCE  TO  THE
 ADVISORY  BOARD  AS  REQUESTED  FOR  THE PURPOSE OF FULFILLING THE OBLI-
 GATIONS OF THE ADVISORY BOARD UNDER THIS  SECTION.  THE  ADVISORY  BOARD
 SHALL HAVE ACCESS TO ALL THE RELEVANT DATA NECESSARY TO MAKE RECOMMENDA-
 TIONS  AS  PROVIDED  IN SUBDIVISION FIVE OF THIS SECTION, INCLUDING, BUT
 NOT LIMITED TO, FOR EACH FACILITY OPERATED  BY  THE  DEPARTMENT  IN  THE
 STATE:
   (A) THE NUMBER OF INCARCERATED INDIVIDUALS IN THE FACILITY;
   (B) INFORMATION AS TO THE VULNERABILITY AND RESILIENCY OF EACH FACILI-
 TY;
   (C) THE STAFF TO INCARCERATED INDIVIDUAL RATIO;
   (D) THE NUMBER OF VACANT SPOTS AT THE FACILITY; AND
   (E)  THE  NUMBER  AND  IDENTITY  OF  INCARCERATED INDIVIDUALS RELEASED
 PURSUANT TO THIS PLAN AND THE FACTORS UTILIZED TO DETERMINE SUCH RELEASE
 PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION AND A DETAILED REPORT  ON
 INCARCERATED  INDIVIDUALS  THAT  FIT INTO A CATEGORY BUT WERE DETERMINED
 INELIGIBLE FOR RELEASE PURSUANT TO THIS SECTION AND THE FACTORS UTILIZED
 FOR SUCH DETERMINATION.
 S. 8612                             3
 
   7. THE MEMBERS OF THE ADVISORY BOARD SHALL SERVE WITHOUT  COMPENSATION
 BUT  SHALL  BE REIMBURSED FOR THEIR NECESSARY AND ACTUAL EXPENSES IN THE
 PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.
   8.  MEETINGS  OF THE ADVISORY BOARD SHALL BE CALLED BY THE CHAIRPERSON
 OF THE ADVISORY BOARD.
   9. THE ADVISORY BOARD SHALL ISSUE ITS FIRST GENERAL RECOMMENDATIONS TO
 THE DEPARTMENT WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF  THIS  SECTION
 AND  SHALL  ISSUE  RECOMMENDATIONS  FOR  EACH  FACILITY  OPERATED BY THE
 DEPARTMENT NO LATER THAN SIX MONTHS AFTER THE ADVISORY BOARD CONDUCTS  A
 VISIT  TO SUCH FACILITY AND SHALL UPDATE ITS GENERAL RECOMMENDATIONS AND
 FACILITY SPECIFIC RECOMMENDATIONS ON AT LEAST AN ANNUAL BASIS.
   10. (A) WITHIN ONE YEAR OF RECEIPT OF THE RECOMMENDATIONS OF THE ADVI-
 SORY BOARD, THE  DEPARTMENT  SHALL  DEVELOP  AND  IMPLEMENT  SUSTAINABLE
 FACILITY-BASED  DECARCERATION  EMERGENCY MANAGEMENT PLANS FOR USE IN THE
 EVENT OF A STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER
 BASED UPON THE ADVISORY BOARD'S RECOMMENDATIONS.  THE  DEPARTMENT  SHALL
 REVIEW AND UPDATE EACH SUCH PLAN ON AT LEAST AN ANNUAL BASIS. UPDATES TO
 THE  PLANS  SHALL  INCLUDE MEASURES TAKEN BASED UPON UPDATED RECOMMENDA-
 TIONS BY THE ADVISORY BOARD.
   (B) EMERGENCY PLANS DEVELOPED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS  DESCRIBING  THE
 PROCEDURES  THAT  WILL  BE IMPLEMENTED TO FACILITATE THE RECOMMENDATIONS
 MADE BY THE ADVISORY BOARD AS DESCRIBED IN PARAGRAPH (B) OF  SUBDIVISION
 FIVE OF THIS SECTION, INCLUDING A LIST OF INCARCERATED INDIVIDUALS TO BE
 CONSIDERED  FOR  EMERGENCY  RELEASE BASED ON THE CRITERIA ESTABLISHED IN
 SUBDIVISION ELEVEN OF THIS SECTION FOR DETERMINING ELIGIBILITY FOR EMER-
 GENCY RELEASE. AFTER SUCH LIST OF INCARCERATED INDIVIDUALS TO BE CONSID-
 ERED FOR EMERGENCY RELEASE IS COMPILED FOR EACH FACILITY OPERATED BY THE
 DEPARTMENT, INDIVIDUALIZED DECISIONS SHALL BE MADE BY THE DEPARTMENT  AS
 TO  THE  ELIGIBILITY  FOR  RELEASE OF EACH INCARCERATED INDIVIDUAL, WITH
 CLEARLY STATED REASONS IN CASE OF DENIAL.
   (I) WHEN DETERMINING ELIGIBILITY FOR EMERGENCY RELEASE, AN INCARCERAT-
 ED INDIVIDUAL'S UNDERLYING CONVICTION OR CONVICTIONS FOR WHICH THEY WERE
 SENTENCED TO INCARCERATION SHALL NOT SERVE AS A JUSTIFICATION FOR EXCLU-
 SION FROM CONSIDERATION.
   (II) AN INCARCERATED INDIVIDUAL MAY BE DEEMED INELIGIBLE FOR CONSIDER-
 ATION FOR EMERGENCY RELEASE IF  THEY  HAVE  BEEN  FOUND  GUILTY  BY  THE
 DEPARTMENT  OF A VIOLENT INSTITUTIONAL INFRACTION WITHIN THE ONE HUNDRED
 EIGHTY DAYS PRIOR TO RELEASE CONSIDERATION.
   (III) THE TERMINATION OF THE STATE DISASTER EMERGENCY DECLARED  PURSU-
 ANT TO EXECUTIVE ORDER SHALL NOT BE A BASIS FOR AN INCARCERATED INDIVID-
 UAL  RELEASED  PURSUANT TO THE PROVISIONS OF THIS SECTION TO BE REMANDED
 BACK INTO CUSTODY.
   11. THE FOLLOWING CRITERIA SHALL BE CONSIDERED TO DETERMINE  ELIGIBIL-
 ITY FOR EMERGENCY RELEASE OF AN INCARCERATED INDIVIDUAL PURSUANT TO THIS
 SECTION;  PROVIDED,  HOWEVER, THAT SUCH CRITERIA REPRESENT A NON-EXHAUS-
 TIVE LIST OF FACTORS TO BE CONSIDERED IN DETERMINING  SUCH  ELIGIBILITY.
 SUCH CRITERIA SHALL INCLUDE CONSIDERATION OF ANY INCARCERATED INDIVIDUAL
 WHO:
   (A)  IS  TERMINALLY ILL, MENTALLY ILL, OR DISABLED, AS DETERMINED BY A
 MEDICAL PROFESSIONAL;
   (B) IS MEDICALLY VULNERABLE;
   (C) HAS AN ADDITIONAL DOCUMENTED ILLNESS OR ILLNESSES DETERMINED BY AN
 INDEPENDENT HEALTH PRACTITIONER NOT AFFILIATED  WITH  THE  FACILITY  WHO
 DETERMINES THAT SUCH ILLNESS OR ILLNESSES PLACE THE INDIVIDUAL AT RISK;
 S. 8612                             4
 
   (D) IS UNLIKELY TO POSE A SUBSTANTIAL RISK OF CAUSING BODILY INJURY OR
 USING VIOLENT FORCE AGAINST ANOTHER INDIVIDUAL;
   (E) IS OVER FIFTY-FIVE YEARS OLD;
   (F) IS A PRIMARY CAREGIVER;
   (G) IS PREGNANT;
   (H) HAS COMPLETED MORE THAN FIFTY PERCENT OF THEIR MINIMUM SENTENCE IF
 SERVING  AN INDETERMINATE SENTENCE OR FIFTY PERCENT OF THEIR SENTENCE IF
 SERVING A DETERMINATE SENTENCE; OR
   (I) WILL COMPLETE THEIR SENTENCE WITHIN EIGHTEEN MONTHS OF THE  EFFEC-
 TIVE DATE OF THIS SECTION.
   12.  THE  DEPARTMENT  SHALL  HAVE THE AUTHORITY TO IMPLEMENT FACILITY-
 BASED DECARCERATION EMERGENCY MANAGEMENT PLANS UPON THE OCCURRENCE OF  A
 STATE DISASTER EMERGENCY PURSUANT TO EXECUTIVE ORDER WITHOUT LEGISLATIVE
 OR JUDICIAL APPROVAL OR FURTHER ACTION BY THE GOVERNOR.
   13.  WITHIN  FORTY-EIGHT  HOURS OF A STATE DISASTER EMERGENCY DECLARED
 PURSUANT TO EXECUTIVE ORDER, THE DEPARTMENT SHALL PROVIDE TO THE  GOVER-
 NOR,  THE  ADVISORY  BOARD  AND  THE STATE LEGISLATURE THE DECARCERATION
 EMERGENCY MANAGEMENT PLAN FOR EACH FACILITY OPERATED BY THE  DEPARTMENT.
 THE  DEPARTMENT  SHALL  PROVIDE THE GOVERNOR, THE ADVISORY BOARD AND THE
 STATE LEGISLATURE:
   (A) A CERTIFICATION THAT EACH FACILITY HAS RELEASED THE PERSONS DETER-
 MINED ELIGIBLE FOR EMERGENCY RELEASE PURSUANT TO THIS SECTION;
   (B) THE IDENTITY OF EACH INCARCERATED INDIVIDUAL RELEASED PURSUANT  TO
 THE  DECARCERATION  EMERGENCY MANAGEMENT PLAN FOR EACH FACILITY OPERATED
 BY THE DEPARTMENT AND THE FACTORS UTILIZED FOR SUCH ELIGIBILITY DETERMI-
 NATIONS, WITHOUT DISCLOSING ANY INFORMATION  THAT  WOULD  CONSTITUTE  AN
 INVASION  OF  THE  PRIVACY  OF  ANY  INDIVIDUAL  OR WHICH WOULD DISCLOSE
 PROTECTED HEALTH INFORMATION; AND
   (C) AN ESTIMATE OF THE FISCAL SAVINGS TO THE STATE DUE TO  THE  DECAR-
 CERATION IMPLEMENTED PURSUANT TO THIS SECTION.
   14.  DEFINITIONS.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANING:
   (A) THE TERM "MEDICALLY VULNERABLE" INCLUDES, BUT IS NOT  LIMITED  TO,
 AN INDIVIDUAL WHO IS:
   (I) DIAGNOSED WITH A CHRONIC LUNG DISEASE;
   (II) DIAGNOSED WITH MODERATE OR SEVERE ASTHMA;
   (III) DIAGNOSED WITH A SERIOUS HEART CONDITION;
   (IV) DIAGNOSED WITH DIABETES;
   (V) DIAGNOSED WITH A CHRONIC KIDNEY DISEASE AND UNDERGOING DIALYSIS;
   (VI) DIAGNOSED WITH LIVER DISEASE;
   (VII) DIAGNOSED WITH CANCER;
   (VIII) DIAGNOSED WITH OBESITY; OR
   (IX) WHO IS IMMUNOCOMPROMISED.
   (B)  THE  TERM  "PRIMARY  CAREGIVER"  MEANS  AN INDIVIDUAL WHO HAS THE
 RESPONSIBILITY FOR THE CARE OF ANOTHER INDIVIDUAL,  EITHER  VOLUNTARILY,
 BY CONTRACT, BY RECEIPT OF PAYMENT FOR CARE, OR AS A RESULT OF THE OPER-
 ATION  OF  LAW  AND  INCLUDES  A  FAMILY  MEMBER OR OTHER INDIVIDUAL WHO
 PROVIDES COMPENSATED OR UNCOMPENSATED CARE  TO  ANOTHER  INDIVIDUAL,  ON
 BEHALF  OF  SUCH  INDIVIDUAL OR ON BEHALF OF A PUBLIC OR PRIVATE AGENCY,
 ORGANIZATION, OR INSTITUTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.

co-Sponsors

2021-S8612A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Correction Law
Laws Affected:: Add §134, Cor L

2021-S8612A (ACTIVE) - Summary

2021-S8612A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8612A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to the establishment of
decarceration emergency management plans to be developed for use in the
event of a state disaster emergency declared pursuant to executive order

 
PURPOSE OF BILL:

The purpose of this bill is to protect incarcerated individuals, correc-
tional staff, and surrounding communities from preventable consequences
of public health or disaster emergencies. When COVID-19 hit New York,
our correctional system was ill-prepared. The result was a higher level
of risk, harm, and loss than would have occurred had disaster management
plans been in effect. This bill requires a thoughtful and deliberate
process for the creation of such plans for each correctional facility.
This bill will save lives.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the correction law by adding a new section
134 titled State Disaster Emergency Management Plan, with 14 subdivi-
sions.

Subdivision 1 of the new section 134 establishes an advisory board to
make recommendations to DOCCS regarding the development of decarceration
emergency management plans for use during a state disaster emergency
declared pursuant to executive order.

Subdivision 2 sets forth the composition of the board's membership.

Subdivision 3 provides a process for filling vacancies on the board.

Subdivision 4 provides a process for electing a chair of the board and
establishes quorum requirements.

Subdivision 5 sets forth the duties of the advisory board, including
establishing requirements that board members visit facilities, that they
evaluate and make site-specific recommendations regarding facilities'
state disaster emergency plan - including a selection process for deter-
mining eligibility for emergency release, a process for evacuation of
incarcerated individuals who do not qualify for emergency release,
changes to facility operations to ensure the safety and well-being of
incarcerated individuals who remain incarcerated during a state disaster
emergency, and alternative methods to meet their needs.

Subdivision 6 requires state agencies and departments to assist the
advisory board as needed in the performance of their duties and provide
access to relevant information upon request.

Subdivision 7 prohibits the compensation of advisory board members but
allows their reimbursement for necessary and actual expenses.

Subdivision 8 authorizes the chair of the board to call meetings of the
board.


Subdivision 9 directs the board to issue its first general recommenda-
tions within 6 months of the effective date of this section, to issue
its facility-specific recommendations within 6 months of a visit to that
facility, and to update any recommendations it makes on at least an
annual basis.

Subdivision 10(a) directs DOCCS to develop and implement sustainable
facility-based decarceration emergency management plans for use in the
event of a state disaster emergency declared pursuant to executive order
based on the advisory board's recommendations within 1 year of receiving
those recommendations and to update that plan on at least an annual
basis.

Subdivision 10(b) requires that decarceration emergency management plans
describe the procedures by which they will be implemented, including
factors to be considered in determining eligibility for emergency
release and the reasons for any denials of eligibility.

Subdivision 11 specifies the factors to be considered when determining
eligibility for emergency release, including whether the individual is
terminally ill, is medically vulnerable, has additional documented
illness(es) verified by an independent medical professional that put
them at risk, is unlikely to pose a substantial risk of causing bodily
injury or inflicting physical violence against another person, is over
55 years of age, is a primary caregiver, is pregnant, has completed at
least half of their minimum sentence if serving and indeterminate
sentence or half of their sentence if serving a determinate sentence, or
will complete their sentence within 18 months of the enactment of this
section.

Subdivision 12 empowers DOCCS to act independently to implement the
decarceration emergency management plans upon the declaration of a state
disaster emergency by executive order.

Subdivision 13 requires DOCCS to provide the decarceration emergency
management plan for each facility operated by DOCCS to the governor, the
state legislature, and the advisory board within 48 hours of the start
of a state disaster emergency declared by executive order, including a
certification that each facility has released the persons described
under this section, the identity of each person released pursuant to a
decarceration emergency management plan, and the factors used to deter-
mine their eligibility for emergency release, without invading the
privacy of those individuals.

Subdivision 14 defines terms used in this section. Section 2 provides
the effective date.

 
JUSTIFICATION:

The U.S. has the highest incarceration rate in the world. Facilities
often suffer from overcrowding and lack access to basic health care.
Correctional facilities across the state have been devastated by the
COVID-19 pandemic, having dramatically high rates of infection, spread,
and mortality. DOCCS was not prepared for the onset of the COVID-19
public health emergency. Moreover, this danger extends beyond prison
walls, impacting staff and their communities as well as the communities
of those imprisoned. Because the majority of incarcerated populations
tend to come from low-income, disenfranchised communities of color, the
added health risks of being incarcerated during a public health crisis
exacerbate an already high-risk situation. To reduce this cycle of
suffering and death and prevent it from happening in the future, we must
reimagine our entire system of incarceration and how correctional facil-
ities respond to state disaster emergencies such as the COVID-19 pandem-
ic. This bill creates a system of practical responses that would protect
incarcerated populations, correctional facility staff, outside popu-
lations that interact with the criminal justice system, and the inter-
ests of equity and justice.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2021-S8612A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8612--A
 
                             I N  S E N A T E
 
                              March 22, 2022
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN  ACT to amend the correction law, in relation to the establishment of
   decarceration emergency management plans to be developed  for  use  in
   the event of a state disaster emergency declared pursuant to executive
   order
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new  section  134
 to read as follows:
   §  134.  STATE  DISASTER  DECARCERATION EMERGENCY MANAGEMENT PLANS. 1.
 THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT AN  ADVISORY  BOARD  TO
 PROVIDE  RECOMMENDATIONS  TO THE DEPARTMENT REGARDING THE DEVELOPMENT BY
 THE DEPARTMENT OF DECARCERATION EMERGENCY MANAGEMENT  PLANS  WITHIN  THE
 FACILITIES  OPERATED  BY  THE DEPARTMENT FOR USE IN THE EVENT OF A STATE
 DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER.
   2. THE ADVISORY BOARD SHALL CONSIST OF NINE MEMBERS INCLUDING:
   (A) THE COMMISSIONER OF THE DEPARTMENT, OR HIS OR HER DESIGNEE;
   (B) THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR HIS OR HER DESIG-
 NEE;
   (C) THE DIRECTOR OF HOMELAND SECURITY AND EMERGENCY SERVICES;
   (D) TWO INDIVIDUALS WHO WERE FORMERLY INCARCERATED IN FACILITIES OPER-
 ATED BY THE DEPARTMENT, ONE EACH APPOINTED BY THE TEMPORARY PRESIDENT OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY, BASED ON CONSULTATIONS  WITH
 ADVOCACY ORGANIZATIONS WORKING DIRECTLY WITH COMMUNITIES IMPACTED BY THE
 CRIMINAL JUSTICE SYSTEM;
   (E) THREE MEMBERS APPOINTED BY THE GOVERNOR INCLUDING:
   (I)  A  MEMBER OF THE NEW YORK STATE CORRECTIONAL OFFICERS' BENEVOLENT
 ASSOCIATION;
   (II) AN INDIVIDUAL WITH A DEMONSTRATED BACKGROUND IN  EMERGENCY  PLAN-
 NING  WHO  HAS CREATED AN EMERGENCY MANAGEMENT ACCREDITATION PROGRAM FOR
 ACCREDITATION PURPOSES IN THE PAST;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13475-02-2
 S. 8612--A                          2
 
   (III) AN INDIVIDUAL WITH A BACKGROUND IN CORRECTIONAL HEALTH,  CAPABLE
 OF  ASCERTAINING  PARTICULAR VULNERABILITIES TO ANY EMERGING DISEASES OR
 INFECTIONS, OR ANY OTHER PUBLIC HEALTH RISKS THAT COULD FACE THE  INCAR-
 CERATED POPULATION; AND
   (F) AN ATTORNEY WITH EXPERIENCE DEFENDING THE CONSTITUTIONAL RIGHTS OF
 INCARCERATED INDIVIDUALS.
   3.  VACANCIES ON THE ADVISORY BOARD SHALL BE FILLED IN THE SAME MANNER
 AS THE ORIGINAL APPOINTMENT.
   4. THE MEMBERS OF THE ADVISORY BOARD SHALL ELECT A CHAIR OF THE  BOARD
 FROM AMONG THEIR NUMBER. A MAJORITY OF THE MEMBERS OF THE ADVISORY BOARD
 SHALL  CONSTITUTE A QUORUM FOR THE PURPOSES OF THE BUSINESS OF THE ADVI-
 SORY BOARD.
   5. THE ADVISORY BOARD SHALL:
   (A) VISIT EACH FACILITY OPERATED BY THE DEPARTMENT AT LEAST  ONE  TIME
 EVERY THREE YEARS;
   (B)  EVALUATE  AND  MAKE  GENERAL RECOMMENDATIONS FOR THE CORRECTIONAL
 FACILITY SYSTEM AND FACILITY-SPECIFIC RECOMMENDATIONS FOR EACH  FACILITY
 OPERATED BY THE DEPARTMENT AS TO:
   (I)  A  SELECTION  PROCESS  FOR  INCARCERATED INDIVIDUALS ELIGIBLE FOR
 EMERGENCY RELEASE DURING A STATE DISASTER EMERGENCY DECLARED PURSUANT TO
 EXECUTIVE ORDER. SUCH SELECTION PROCESS SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO, CONSIDERATION OF INCARCERATED INDIVIDUALS WHO MEET  THE  CRITERIA
 INCLUDED UNDER SUBDIVISION ELEVEN OF THIS SECTION;
   (II)  A  PROCESS FOR EVACUATION OF INCARCERATED INDIVIDUALS WHO DO NOT
 QUALIFY FOR EMERGENCY RELEASE DURING A STATE DISASTER EMERGENCY DECLARED
 PURSUANT TO EXECUTIVE ORDER IF SUCH NEED ARISES;
   (III) CHANGES TO FACILITY OPERATIONS TO ENSURE THE SAFETY AND WELL-BE-
 ING OF INCARCERATED INDIVIDUALS WHO REMAIN INCARCERATED DURING  A  STATE
 DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER; AND
   (IV)  ALTERNATIVE  METHODS  THAT  CAN BE DEPLOYED IN ORDER TO MEET THE
 NEEDS OF INCARCERATED INDIVIDUALS WHO  REMAIN  INCARCERATED  DURING  THE
 STATE  DISASTER  EMERGENCY,  INCLUDING  ALTERNATIVES  TO HELP FACILITATE
 VISITS BY COUNSEL AND FAMILY VISITATION; AND
   (C) HAVE AUTHORITY BASED ON A DECLARED EMERGENCY TO  EVALUATE  REPORTS
 AND  DRAFT  COUNTER  REPORTS  WITH  ALTERNATIVE  RECOMMENDED  COURSES OF
 ACTION.
   6. EACH STATE AGENCY AND DEPARTMENT SHALL PROVIDE  ASSISTANCE  TO  THE
 ADVISORY  BOARD  AS  REQUESTED  FOR  THE PURPOSE OF FULFILLING THE OBLI-
 GATIONS OF THE ADVISORY BOARD UNDER THIS  SECTION.  THE  ADVISORY  BOARD
 SHALL HAVE ACCESS TO ALL THE RELEVANT DATA NECESSARY TO MAKE RECOMMENDA-
 TIONS  AS  PROVIDED  IN SUBDIVISION FIVE OF THIS SECTION, INCLUDING, BUT
 NOT LIMITED TO, FOR EACH FACILITY OPERATED  BY  THE  DEPARTMENT  IN  THE
 STATE:
   (A) THE NUMBER OF INCARCERATED INDIVIDUALS IN THE FACILITY;
   (B) INFORMATION AS TO THE VULNERABILITY AND RESILIENCY OF EACH FACILI-
 TY;
   (C) THE STAFF TO INCARCERATED INDIVIDUAL RATIO;
   (D) THE NUMBER OF VACANT SPOTS AT THE FACILITY; AND
   (E)  THE  NUMBER  AND  IDENTITY  OF  INCARCERATED INDIVIDUALS RELEASED
 PURSUANT TO THIS PLAN AND THE FACTORS UTILIZED TO DETERMINE SUCH RELEASE
 PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION AND A DETAILED REPORT  ON
 INCARCERATED  INDIVIDUALS  THAT  FIT INTO A CATEGORY BUT WERE DETERMINED
 INELIGIBLE FOR RELEASE PURSUANT TO THIS SECTION AND THE FACTORS UTILIZED
 FOR SUCH DETERMINATION.
 S. 8612--A                          3
 
   7. THE MEMBERS OF THE ADVISORY BOARD SHALL SERVE WITHOUT  COMPENSATION
 BUT  SHALL  BE REIMBURSED FOR THEIR NECESSARY AND ACTUAL EXPENSES IN THE
 PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.
   8.  MEETINGS  OF THE ADVISORY BOARD SHALL BE CALLED BY THE CHAIRPERSON
 OF THE ADVISORY BOARD.
   9. THE ADVISORY BOARD SHALL ISSUE ITS FIRST GENERAL RECOMMENDATIONS TO
 THE DEPARTMENT WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF  THIS  SECTION
 AND  SHALL  ISSUE  RECOMMENDATIONS  FOR  EACH  FACILITY  OPERATED BY THE
 DEPARTMENT NO LATER THAN SIX MONTHS AFTER THE ADVISORY BOARD CONDUCTS  A
 VISIT  TO SUCH FACILITY AND SHALL UPDATE ITS GENERAL RECOMMENDATIONS AND
 FACILITY SPECIFIC RECOMMENDATIONS ON AT LEAST AN ANNUAL BASIS.
   10. (A) WITHIN ONE YEAR OF RECEIPT OF THE RECOMMENDATIONS OF THE ADVI-
 SORY BOARD, THE  DEPARTMENT  SHALL  DEVELOP  AND  IMPLEMENT  SUSTAINABLE
 FACILITY-BASED  DECARCERATION  EMERGENCY MANAGEMENT PLANS FOR USE IN THE
 EVENT OF A STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER
 BASED UPON THE ADVISORY BOARD'S RECOMMENDATIONS.  THE  DEPARTMENT  SHALL
 REVIEW AND UPDATE EACH SUCH PLAN ON AT LEAST AN ANNUAL BASIS. UPDATES TO
 THE  PLANS  SHALL  INCLUDE MEASURES TAKEN BASED UPON UPDATED RECOMMENDA-
 TIONS BY THE ADVISORY BOARD.
   (B) EMERGENCY PLANS DEVELOPED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS  DESCRIBING  THE
 PROCEDURES  THAT  WILL  BE IMPLEMENTED TO FACILITATE THE RECOMMENDATIONS
 MADE BY THE ADVISORY BOARD AS DESCRIBED IN PARAGRAPH (B) OF  SUBDIVISION
 FIVE OF THIS SECTION, INCLUDING A LIST OF INCARCERATED INDIVIDUALS TO BE
 CONSIDERED  FOR  EMERGENCY  RELEASE BASED ON THE CRITERIA ESTABLISHED IN
 SUBDIVISION ELEVEN OF THIS SECTION FOR DETERMINING ELIGIBILITY FOR EMER-
 GENCY RELEASE. AFTER SUCH LIST OF INCARCERATED INDIVIDUALS TO BE CONSID-
 ERED FOR EMERGENCY RELEASE IS COMPILED FOR EACH FACILITY OPERATED BY THE
 DEPARTMENT, INDIVIDUALIZED DECISIONS SHALL BE MADE BY THE DEPARTMENT  AS
 TO  THE  ELIGIBILITY  FOR  RELEASE OF EACH INCARCERATED INDIVIDUAL, WITH
 CLEARLY STATED REASONS IN CASE OF DENIAL.
   (I) AN INCARCERATED INDIVIDUAL MAY BE DEEMED INELIGIBLE FOR  CONSIDER-
 ATION  FOR  EMERGENCY  RELEASE  IF  THEY  HAVE  BEEN FOUND GUILTY BY THE
 DEPARTMENT OF A VIOLENT INSTITUTIONAL INFRACTION WITHIN THE ONE  HUNDRED
 EIGHTY DAYS PRIOR TO RELEASE CONSIDERATION.
   (II) THE TERMINATION OF THE STATE DISASTER EMERGENCY DECLARED PURSUANT
 TO  EXECUTIVE  ORDER SHALL NOT BE A BASIS FOR AN INCARCERATED INDIVIDUAL
 RELEASED PURSUANT TO THE PROVISIONS OF THIS SECTION TO BE REMANDED  BACK
 INTO CUSTODY.
   11.  THE FOLLOWING CRITERIA SHALL BE CONSIDERED TO DETERMINE ELIGIBIL-
 ITY FOR EMERGENCY RELEASE OF AN INCARCERATED INDIVIDUAL PURSUANT TO THIS
 SECTION; PROVIDED, HOWEVER, THAT SUCH CRITERIA REPRESENT  A  NON-EXHAUS-
 TIVE  LIST  OF FACTORS TO BE CONSIDERED IN DETERMINING SUCH ELIGIBILITY.
 SUCH CRITERIA SHALL INCLUDE CONSIDERATION OF ANY INCARCERATED INDIVIDUAL
 WHO:
   (A) IS TERMINALLY ILL, MENTALLY ILL, OR DISABLED, AS DETERMINED  BY  A
 MEDICAL PROFESSIONAL;
   (B) IS MEDICALLY VULNERABLE;
   (C) HAS AN ADDITIONAL DOCUMENTED ILLNESS OR ILLNESSES DETERMINED BY AN
 INDEPENDENT  HEALTH  PRACTITIONER  NOT  AFFILIATED WITH THE FACILITY WHO
 DETERMINES THAT SUCH ILLNESS OR ILLNESSES PLACE THE INDIVIDUAL AT RISK;
   (D) IS UNLIKELY TO POSE A SUBSTANTIAL RISK OF CAUSING BODILY INJURY OR
 USING VIOLENT FORCE AGAINST ANOTHER INDIVIDUAL;
   (E) IS OVER FIFTY-FIVE YEARS OLD;
   (F) IS A PRIMARY CAREGIVER;
   (G) IS PREGNANT;
 S. 8612--A                          4
 
   (H) HAS COMPLETED MORE THAN FIFTY PERCENT OF THEIR MINIMUM SENTENCE IF
 SERVING AN INDETERMINATE SENTENCE OR FIFTY PERCENT OF THEIR SENTENCE  IF
 SERVING A DETERMINATE SENTENCE; OR
   (I)  WILL COMPLETE THEIR SENTENCE WITHIN EIGHTEEN MONTHS OF THE EFFEC-
 TIVE DATE OF THIS SECTION.
   12. THE DEPARTMENT SHALL HAVE THE  AUTHORITY  TO  IMPLEMENT  FACILITY-
 BASED  DECARCERATION EMERGENCY MANAGEMENT PLANS UPON THE OCCURRENCE OF A
 STATE DISASTER EMERGENCY PURSUANT TO EXECUTIVE ORDER.
   13. WITHIN FORTY-EIGHT HOURS OF A STATE  DISASTER  EMERGENCY  DECLARED
 PURSUANT  TO EXECUTIVE ORDER, THE DEPARTMENT SHALL PROVIDE TO THE GOVER-
 NOR, THE ADVISORY BOARD AND  THE  STATE  LEGISLATURE  THE  DECARCERATION
 EMERGENCY  MANAGEMENT PLAN FOR EACH FACILITY OPERATED BY THE DEPARTMENT.
 THE DEPARTMENT SHALL PROVIDE THE GOVERNOR, THE ADVISORY  BOARD  AND  THE
 STATE LEGISLATURE:
   (A) A CERTIFICATION THAT EACH FACILITY HAS RELEASED THE PERSONS DETER-
 MINED ELIGIBLE FOR EMERGENCY RELEASE PURSUANT TO THIS SECTION;
   (B)  THE IDENTITY OF EACH INCARCERATED INDIVIDUAL RELEASED PURSUANT TO
 THE DECARCERATION EMERGENCY MANAGEMENT PLAN FOR EACH  FACILITY  OPERATED
 BY THE DEPARTMENT AND THE FACTORS UTILIZED FOR SUCH ELIGIBILITY DETERMI-
 NATIONS,  WITHOUT  DISCLOSING  ANY  INFORMATION THAT WOULD CONSTITUTE AN
 INVASION OF THE PRIVACY  OF  ANY  INDIVIDUAL  OR  WHICH  WOULD  DISCLOSE
 PROTECTED HEALTH INFORMATION; AND
   (C)  AN  ESTIMATE OF THE FISCAL SAVINGS TO THE STATE DUE TO THE DECAR-
 CERATION IMPLEMENTED PURSUANT TO THIS SECTION.
   14. DEFINITIONS. AS USED IN THIS SECTION, THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANING:
   (A)  THE  TERM "MEDICALLY VULNERABLE" INCLUDES, BUT IS NOT LIMITED TO,
 AN INDIVIDUAL WHO IS:
   (I) DIAGNOSED WITH A CHRONIC LUNG DISEASE;
   (II) DIAGNOSED WITH MODERATE OR SEVERE ASTHMA;
   (III) DIAGNOSED WITH A SERIOUS HEART CONDITION;
   (IV) DIAGNOSED WITH DIABETES;
   (V) DIAGNOSED WITH A CHRONIC KIDNEY DISEASE AND UNDERGOING DIALYSIS;
   (VI) DIAGNOSED WITH LIVER DISEASE;
   (VII) DIAGNOSED WITH CANCER;
   (VIII) DIAGNOSED WITH OBESITY; OR
   (IX) IMMUNOCOMPROMISED.
   (B) THE TERM "PRIMARY CAREGIVER"  MEANS  AN  INDIVIDUAL  WHO  HAS  THE
 RESPONSIBILITY  FOR  THE CARE OF ANOTHER INDIVIDUAL, EITHER VOLUNTARILY,
 BY CONTRACT, BY RECEIPT OF PAYMENT FOR CARE, OR AS A RESULT OF THE OPER-
 ATION OF LAW AND INCLUDES  A  FAMILY  MEMBER  OR  OTHER  INDIVIDUAL  WHO
 PROVIDES  COMPENSATED  OR  UNCOMPENSATED  CARE TO ANOTHER INDIVIDUAL, ON
 BEHALF OF SUCH INDIVIDUAL OR ON BEHALF OF A PUBLIC  OR  PRIVATE  AGENCY,
 ORGANIZATION, OR INSTITUTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.

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Senate Bill S8612A

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Archive: Last Bill Status - In Senate Committee Rules Committee

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May 9, 2022 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: May 9, 2022

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2021-S8612 - Details

2021-S8612 - Summary

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2021-S8612 - Bill Text download pdf

co-Sponsors

2021-S8612A (ACTIVE) - Details

2021-S8612A (ACTIVE) - Summary

2021-S8612A (ACTIVE) - Sponsor Memo

2021-S8612A (ACTIVE) - Bill Text download pdf

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Sponsored By

Julia Salazar

Archive: Last Bill Status - In Senate Committee Rules Committee

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2021-S8612 - Details

2021-S8612 - Summary

2021-S8612 - Sponsor Memo

2021-S8612 - Bill Text download pdf

co-Sponsors

Gustavo Rivera

2021-S8612A (ACTIVE) - Details

2021-S8612A (ACTIVE) - Summary

2021-S8612A (ACTIVE) - Sponsor Memo

2021-S8612A (ACTIVE) - Bill Text download pdf

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