Senate Bill S1921

2023-2024 Legislative Session

Relates to establishing emergency release protocols during a time of crisis

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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2023-S1921 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Add §807, Cor L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8244
2021-2022: S2782

2023-S1921 (ACTIVE) - Summary

Relates to establishing emergency release protocols during a time of crisis including during a state disaster emergency which places the lives, health or well-being of people in custody at risk.

2023-S1921 (ACTIVE) - Sponsor Memo

2023-S1921 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1921
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Crime Victims, Crime and
   Correction
 
 AN ACT to amend the correction law, in relation to establishing emergen-
   cy release protocols during a time of crisis

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The correction law is amended by adding a new section 807
 to read as follows:
   § 807. EMERGENCY RELEASE DURING A TIME OF CRISIS. 1.  DURING  A  STATE
 DISASTER  EMERGENCY,  AS  DEFINED IN ARTICLE TWO-B OF THE EXECUTIVE LAW,
 WHICH PLACES THE LIVES, HEALTH OR WELL-BEING OF  PEOPLE  IN  CUSTODY  AT
 RISK,  THE COMMISSIONER SHALL HAVE THE AUTHORITY TO RELEASE TO COMMUNITY
 SUPERVISION ANY PERSON IN CUSTODY WHO:
   (A) IS WITHIN TWO YEARS OF THEIR EARLIEST RELEASE DATE, HAS A  REASON-
 ABLY STABLE LIVING SITUATION UPON RELEASE, DOES NOT POSE AN UNREASONABLE
 PUBLIC SAFETY RISK AND APPEARS TO BE REHABILITATED, IS IMMUNOCOMPROMISED
 OR  HAS  A DISABILITY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TWENTY-
 ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW;
   (B) IS A PREGNANT WOMAN  OR  A  WOMAN  PARTICIPATING  IN  THE  NURSERY
 PROGRAM  AT  A  CORRECTIONAL  FACILITY WHO DOES NOT POSE AN UNREASONABLE
 PUBLIC SAFETY RISK AND HAS A REASONABLY  STABLE  LIVING  SITUATION  UPON
 RELEASE; OR
   (C) IS A PERSON OVER THE AGE OF FIFTY-FIVE THAT HAS COMPLETED AT LEAST
 ONE  HALF OF THEIR TERM OR MINIMUM TERM OF SENTENCE WHO HAS A REASONABLY
 STABLE LIVING SITUATION UPON RELEASE AND DOES NOT POSE  AN  UNREASONABLE
 PUBLIC SAFETY RISK.
   2.  ANY  INDIVIDUAL RELEASED UNDER THESE EMERGENCY CIRCUMSTANCES SHALL
 REMAIN UNDER COMMUNITY SUPERVISION, UNLESS SUCH SUPERVISION  IS  REVOKED
 PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED FIFTY-NINE-I OF THE
 EXECUTIVE  LAW,  FOR  THE REMAINDER OF THEIR SENTENCE OR UNTIL SUCH TIME
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05320-01-3
              

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