Bill Text: NY A05861 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to public health emergency allowances against sentences for certain incarcerated individuals; allows up to twelve months of public health emergency allowances to be given to incarcerated individuals during a public health crisis.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to correction [A05861 Detail]

Download: New_York-2021-A05861-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5861

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      March 1, 2021
                                       ___________

        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Correction

        AN  ACT  to amend the correction law, in relation to public health emer-
          gency allowances against sentences for certain  incarcerated  individ-
          uals

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The correction law is amended by adding a new section 803-c
     2  to read as follows:
     3    § 803-c. Public health emergency allowances against indeterminate  and
     4  determinate sentences. 1. Every person confined in an institution of the
     5  department  or a facility in the department of mental hygiene serving an
     6  indeterminate or determinate sentence of imprisonment, except  a  person
     7  serving  a  sentence  with  a  maximum  term of life imprisonment, shall
     8  receive a public health emergency time allowance  against  the  term  or
     9  maximum  term  of  his or her sentence imposed by the court. Such allow-
    10  ances shall be granted for time served during a public health  emergency
    11  in accordance with this section if:
    12    (a)  the  governor  declares a state of disaster emergency pursuant to
    13  section twenty-eight of the executive law in  response  to  such  public
    14  health emergency;
    15    (b)  the  public health emergency arises as a result of a communicable
    16  or infectious disease; and
    17    (c) the public health emergency results in the modification of correc-
    18  tional facility operations.
    19    2. Except as provided by subdivision three  of  this  section,  public
    20  health  emergency allowances awarded pursuant to subdivision one of this
    21  section shall provide further remission from both the maximum and  mini-
    22  mum  term  of  an  incarcerated individual's sentence at the rate of six
    23  months for each month, or portion thereof,  served  during  a  state  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02781-01-1
        A. 5861                             2

     1  disaster  emergency declared by the governor pursuant to section twenty-
     2  eight of the executive law in response to the public health emergency.
     3    3.  Public  health  emergency allowances shall not be available to any
     4  person serving an indeterminate or determinate sentence authorized for a
     5  sex offense under article one hundred thirty of the penal law.
     6    4. An incarcerated individual shall not be  awarded  a  public  health
     7  emergency  allowance  in  excess  of  twelve months of remission for any
     8  single public health emergency.
     9    § 2. This act shall take effect immediately.