Senate Bill S10109

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10109
 
                             I N  S E N A T E
 
                              April 30, 2026
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 requirements for
   vendors who make products available for order and delivery  to  incar-
   cerated  individuals and provide for safe food storage in correctional
   facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  112 of the correction law is amended by adding a
 new subdivision 8 to read as follows:
   8. (A) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIR-
 ING EVERY VENDOR WHICH CONTRACTS WITH THE DEPARTMENT TO PROVIDE ORDERING
 AND DELIVERY OF PRODUCTS TO INCARCERATED INDIVIDUALS HOUSED  AT  CORREC-
 TIONAL FACILITIES TO:
   (I)  VERIFY  WITH THE DEPARTMENT THAT ALL ITEMS AVAILABLE FOR PURCHASE
 ON BEHALF OF AN INCARCERATED INDIVIDUAL ARE IN FULL COMPLIANCE WITH  ALL
 APPLICABLE RULES, REGULATIONS AND DIRECTIVES;
   (II)  COORDINATE  WITH THE DEPARTMENT TO TRACK THE NUMBER, CONTENT AND
 WEIGHT OF ORDERS SHIPPED TO AN  INCARCERATED  INDIVIDUAL  AND  NOTIFY  A
 PURCHASER  IF  AN ORDER WOULD EXCEED A LIMIT FOR SUCH INCARCERATED INDI-
 VIDUAL AND INCLUDE INFORMATION ON WHAT MODIFICATIONS,  IF  ANY,  TO  THE
 ORDER WOULD MAKE IT COMPLIANT WITH APPLICABLE RESTRICTIONS;
   (III)  HAVE  A  SYSTEM FOR NOTIFYING PURCHASERS WHEN ALL OR PART OF AN
 ORDER HAS BEEN REJECTED BY A CORRECTIONAL FACILITY AND PROVIDE A FULL OR
 PARTIAL REFUND TO THE PURCHASER AS APPLICABLE; AND
   (IV) CONSPICUOUSLY LABEL PACKAGES WITH PERISHABLE FOOD ITEMS IN A FORM
 AND MANNER AS DETERMINED BY THE  DEPARTMENT  TO  FACILITATE  THE  TIMELY
 PROCESSING OF SUCH PACKAGES BY A CORRECTIONAL FACILITY.
   (B) THE COMMISSIONER SHALL REQUIRE ALL CORRECTIONAL FACILITIES TO:
   (I)  PROCESS  ALL PACKAGES WITH PERISHABLE FOOD ITEMS LABELED PURSUANT
 TO SUBPARAGRAPH (IV) OF PARAGRAPH (B) OF THIS SUBDIVISION  WITHIN  TWEN-
 TY-FOUR HOURS OF RECEIPT OF SUCH PACKAGE; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13274-04-6
              

 S. 10109                            2
 
   (II) PROVIDE FOR THE SAFE STORAGE OF PERISHABLE FOOD ITEMS RECEIVED BY
 AN INCARCERATED INDIVIDUAL WITHIN THE CELL OF SUCH INCARCERATED INDIVID-
 UAL.
   § 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 effective date.