S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    309
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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
   emergency management release plans to be developed for use in  correc-
   tional  facilities 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 EMERGENCY MANAGEMENT RELEASE  PLANS  IN  CORREC-
 TIONAL  FACILITIES.  1. THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT
 AN ADVISORY BOARD TO PROVIDE RECOMMENDATIONS TO THE DEPARTMENT REGARDING
 THE DEVELOPMENT OF EMERGENCY MANAGEMENT RELEASE PLANS WITHIN THE FACILI-
 TIES 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00663-01-3
 S. 309                              2
 
   (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;
   (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
 S. 309                              3
 
 INELIGIBLE FOR RELEASE PURSUANT TO THIS SECTION AND THE FACTORS UTILIZED
 FOR SUCH DETERMINATION.
   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 EMERGENCY MANAGEMENT PLANS FOR THE RELEASE OF INCARCERAT-
 ED  INDIVIDUALS  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 RECOMMENDATIONS 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;
 S. 309                              4
 
   (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 EMERGENCY MANAGEMENT RELEASE 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 EMERGENCY MANAGE-
 MENT PLAN FOR RELEASE IN 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  EMERGENCY MANAGEMENT RELEASE PLAN FOR EACH FACILITY OPERATED BY THE
 DEPARTMENT AND THE FACTORS UTILIZED FOR SUCH ELIGIBILITY DETERMINATIONS,
 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  RELEASE
 OF INCARCERATED INDIVIDUALS 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  309--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- recommitted to the Committee on Crime Victims, Crime and
   Correction  in  accordance  with  Senate  Rule  6, sec. 8 -- 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
   emergency  management release plans to be developed for use in correc-
   tional facilities 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  135
 to read as follows:
   §  135.  STATE  DISASTER EMERGENCY MANAGEMENT RELEASE PLANS IN CORREC-
 TIONAL FACILITIES. 1. THERE SHALL BE ESTABLISHED WITHIN  THE  DEPARTMENT
 AN ADVISORY BOARD TO PROVIDE RECOMMENDATIONS TO THE DEPARTMENT REGARDING
 THE DEVELOPMENT OF EMERGENCY MANAGEMENT RELEASE PLANS WITHIN THE FACILI-
 TIES 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00663-02-4
 S. 309--A                           2
 
   (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;
   (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
 S. 309--A                           3
 
 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.
   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 EMERGENCY MANAGEMENT PLANS FOR THE RELEASE OF INCARCERAT-
 ED  INDIVIDUALS  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 RECOMMENDATIONS 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;
 S. 309--A                           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 EMERGENCY MANAGEMENT RELEASE 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 EMERGENCY MANAGE-
 MENT PLAN FOR RELEASE IN 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  EMERGENCY MANAGEMENT RELEASE PLAN FOR EACH FACILITY OPERATED BY THE
 DEPARTMENT AND THE FACTORS UTILIZED FOR SUCH ELIGIBILITY DETERMINATIONS,
 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  RELEASE
 OF INCARCERATED INDIVIDUALS 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.