Assembly Bill A6136B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6136
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2025
                                ___________
 
 Introduced  by M. of A. MEEKS -- read once and referred to the Committee
   on Correction
 
 AN ACT to repeal certain provisions of the correction  law  relating  to
   the transfer of incarcerated individuals from a county jail to a state
   correctional institution
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section  504  of  the  correction  law  is
 REPEALED  and  subdivisions  3, 4 and 5 are renumbered subdivisions 2, 3
 and 4.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05956-01-5



              

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6136--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2025
                                ___________
 
 Introduced  by M. of A. MEEKS -- read once and referred to the Committee
   on Correction -- recommitted to the Committee on Correction in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the correction law,  in  relation  to  the  transfer  of
   incarcerated  individuals  from  a county jail to a state correctional
   institution
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 504 of the correction law, as
 amended by chapter 322 of the laws  of  2021,  is  amended  to  read  as
 follows:
   2.  (A)  Where  the  jail  in a county becomes unfit or unsafe for the
 confinement of some or all of the incarcerated individuals  due  to  [an
 incarcerated  individual  disturbance  or  other]  extraordinary circum-
 stances, including but not limited to a natural  disaster,  OR  unantic-
 ipated  deficiencies  in  the structural integrity of a facility [or the
 inability to provide one or more incarcerated individuals with essential
 services such as medical care], upon the request of the municipal  offi-
 cial as defined in subdivision four of section forty of this chapter and
 no  other  suitable  place  within  the county nor the jail of any other
 county is immediately available to house some or all of the incarcerated
 individuals, the commissioner of corrections and  community  supervision
 may,  in  [his  or her] SUCH COMMISSIONER'S sole discretion, make avail-
 able, upon such terms and conditions as [he or  she]  SUCH  COMMISSIONER
 may  deem  appropriate, all or any part of a state correctional institu-
 tion for the confinement of some or all of such incarcerated individuals
 as an adjunct to the county jail for a period not to exceed thirty days.
 NEITHER AN INCARCERATED  INDIVIDUAL  DISTURBANCE  NOR  AN  INABILITY  TO
 PROVIDE  ONE  OR  MORE  INCARCERATED INDIVIDUALS WITH ESSENTIAL SERVICES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05956-02-6
              

 A. 6136--A                          2
 
 SUCH AS MEDICAL CARE SHALL PROVIDE A BASIS FOR A TRANSFER OF  AN  INCAR-
 CERATED  INDIVIDUAL  FROM  A  JAIL  IN  A COUNTY TO A STATE CORRECTIONAL
 FACILITY.
   [However,  if]  (B) IF the county jail remains unfit or unsafe for the
 confinement of some or all of such incarcerated individuals beyond thir-
 ty days, the state commission of correction, with  the  consent  of  the
 commissioner  of  corrections  and community supervision, may extend the
 availability of a state correctional institution for one or  more  addi-
 tional  thirty  day  periods.   The state commission of correction shall
 promulgate rules and regulations governing  the  temporary  transfer  of
 incarcerated  individuals to state correctional institutions from county
 jails, including but not limited to provisions for confinement  of  such
 incarcerated  individuals  in  the nearest correctional facility, to the
 maximum extent practicable, taking into account necessary security.  The
 commissioner  of  corrections  and community supervision may, in [his or
 her] SUCH COMMISSIONER'S sole discretion, based on standards promulgated
 by the department, determine whether a county shall reimburse the  state
 for  any  or  all  of the actual costs of confinement as approved by the
 director of the division of the budget.  On or before the expiration  of
 each  thirty day period, the state commission of correction must make an
 appropriate designation pursuant to subdivision one of this  section  if
 the  county  jail remains unfit or unsafe for the confinement of some or
 all of the incarcerated individuals and consent to the continued  avail-
 ability  of a state correctional institution as required for herein. The
 superintendence, management and control of a state correctional institu-
 tion or part thereof made available pursuant hereto and the incarcerated
 individuals housed therein shall be as directed by the  commissioner  of
 corrections and community supervision.
   § 2. This act shall take effect immediately.