Legislation

§ 208-a. In custody at time of cause of action. Notwithstanding any
provisions of law that impose a period of limitation to the contrary or
any provisions of any other law pertaining to the filing of a notice of
claim or a notice of intention to file a claim as a condition precedent
to commencement of an action or special proceeding, with respect to all
civil claims or causes of action brought by any person to recover
damages for physical, psychological, or other injury or condition
suffered while under the jurisdiction and in the care and custody or
supervision of: the state department of corrections and community
supervision, except a person under community supervision as defined in
subdivision thirty-one of section two of the correction law, a hospital
as defined in subdivision two of section four hundred of the correction
law, a correctional facility as defined in subdivision three of section
forty of the correction law, a local correctional facility as defined in
subdivision two of section forty of the correction law, or an alternate
correctional facility as defined in subdivision one of section
eighty-seven of the correction law, the time in which such action must
commence shall have the full benefit of the limitations period provided
in the relevant section of law and, in addition, shall have a two-year
window following the date of the person's release from the relevant
period of custody within which to commence an action based on such
injury or condition. For any claim that would have been time-barred but
for the application of this section, no notice of claim or notice of
intention to file a claim shall be required as a condition precedent to
the commencement of such action or special proceeding. This exemption
shall not apply to any claim that was timely under the otherwise
applicable statute of limitations.