Bill Text: NY A09273 | 2021-2022 | General Assembly | Introduced
Bill Title: Replaces instances of the words inmate or inmates with the words incarcerated individual or incarcerated individuals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-08-08 - signed chap.486 [A09273 Detail]
Download: New_York-2021-A09273-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9273 IN ASSEMBLY February 9, 2022 ___________ Introduced by M. of A. AUBRY -- read once and referred to the Committee on Correction AN ACT to amend the correction law, the executive law, the local finance law, the mental hygiene law, the penal law, the public health law, the social services law and the administrative code of the city of New York, in relation to replacing instances of the words inmate or inmates with the words incarcerated individual or incarcerated indi- viduals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 18 of section 45 of the correction law, as 2 added by chapter 432 of the laws of 2021, is renumbered subdivision 19 3 and is amended to read as follows: 4 19. Establish standards and guidelines for a program of medication 5 assisted treatment for [inmates] incarcerated individuals in county 6 jails and/or county correctional facilities equivalent to the program 7 established in state correctional facilities pursuant to section six 8 hundred twenty-six of this chapter and submit an annual report consist- 9 ent with the requirements of subdivision three of such section. 10 § 2. Section 49 of the correction law, as added by chapter 557 of the 11 laws of 2021, is amended to read as follows: 12 § 49. Commission on prison education. There is hereby established a 13 commission on prison education comprised of nine members who shall study 14 and develop a plan for improving education in the state prison system. 15 The commission on prison education shall consider and investigate the 16 following factors when determining education improvements: the impact on 17 an [inmate's] incarcerated individual's employment opportunities upon 18 release from prison, the impact on an [inmate's] incarcerated individ- 19 ual's reintegration into society and the effectiveness in reducing reci- 20 divism. Appointments to the task force shall be made as follows: three 21 by the governor; two by the speaker of the assembly; one by the minority 22 leader of the assembly; two by the temporary president of the senate and 23 one by the minority leader of the senate. The commission on prison EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14403-01-2A. 9273 2 1 education shall issue a report within ten months after the effective 2 date of this section. 3 § 3. Subdivision 1-b of section 71 of the correction law, as amended 4 by chapter 322 of the laws of 2021, is amended to read as follows: 5 1-b. The commissioner shall promulgate rules and regulations setting 6 forth the procedures by which an incarcerated individual may apply to be 7 considered for transfer to a foreign nation. The commissioner, or his 8 designee, shall retain sole and absolute authority to approve or disap- 9 prove an incarcerated individual's application for transfer. Nothing 10 herein shall be construed to confer upon an incarcerated individual a 11 right to be [a] transferred to a foreign nation. Notwithstanding any 12 other law, rule or regulation to the contrary, no [inmate] incarcerated 13 individual application for transfer shall be processed unless the incar- 14 cerated individual has first indicated his willingness and desire in 15 writing, on a form prescribed by the commissioner, to be considered for 16 transfer to the foreign nation. Such form shall also contain a copy of 17 the incarcerated individual's most recent legal date computation print- 18 out indicating the term or aggregate term of the sentence originally 19 imposed and the release dates resulting therefrom. If a request for 20 transfer is approved by the commissioner or his designee, facility staff 21 shall assist in the preparation and submission of all materials and 22 forms necessary to effectuate the person's request for transfer to the 23 United States Department of Justice for purposes of finalization of the 24 transfer process, including verification proceedings before a United 25 States District Court Judge, United States magistrate or other appointed 26 United States official to assure and document the incarcerated individ- 27 ual's voluntary request for transfer. 28 § 4. Paragraph b of subdivision 3 of section 146 of the correction 29 law, as amended by chapter 32 of the laws of 2021, is amended to read as 30 follows: 31 b. Upon twenty-four hours advance notice, at the commencement of any 32 visits to, or inspections and examinations of, state correctional facil- 33 ities, the superintendent and executive team, to the extent practicable, 34 shall meet with the correctional association. Upon twenty-four hours 35 advance notice, the correctional association may meet privately with the 36 [inmate] incarcerated individual liaison committee and representatives 37 of the [inmate] incarcerated individual grievance resolution committee 38 or any other organization of incarcerated individuals recognized by the 39 department. 40 § 5. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401 41 of the correction law, as separately amended by section 8 of part NNN of 42 chapter 59 and chapter 322 of the laws of 2021, is amended to read as 43 follows: 44 (i) In exceptional circumstances, a mental health clinician, or the 45 highest ranking facility security supervisor in consultation with a 46 mental health clinician who has interviewed the incarcerated individual, 47 may determine that an incarcerated individual's access to out-of-cell 48 therapeutic programming and/or mental health treatment in a residential 49 mental health treatment unit presents an unacceptable risk to the safety 50 of incarcerated individuals or staff. Such determination shall be docu- 51 mented in writing and such [inmate] incarcerated individual may be 52 removed to a residential rehabilitation unit that is not a residential 53 mental health treatment unit where alternative mental health treatment 54 and/or other therapeutic programming, as determined by a mental health 55 clinician, shall be provided.A. 9273 3 1 § 6. Subdivision 2 of section 500-k of the correction law, as added by 2 chapter 93 of the laws of 2021, is amended to read as follows: 3 2. Notwithstanding any other section of law to the contrary, subdivi- 4 sion thirty-four of section two of this chapter, and subparagraphs (i), 5 (iv) and (v) of paragraph (j) and subparagraph (ii) of paragraph (m) of 6 subdivision six of section one hundred thirty-seven of this chapter 7 shall not apply to local correctional facilities with a total combined 8 capacity of five hundred [inmates] incarcerated individuals or fewer. 9 § 7. Section 601-a of the correction law, as amended by chapter 337 of 10 the laws of 2009, is amended to read as follows: 11 § 601-a. Return of persons erroneously sentenced for the purpose of 12 resentence. Whenever it shall appear to the satisfaction of the depart- 13 ment based on facts submitted on behalf of a person sentenced and 14 confined in a state prison, that any such person has been erroneously 15 sentenced, it shall be the duty of the department to communicate with 16 the sentencing court, the [inmate's] incarcerated individual's defense 17 attorney and the district attorney of the county in which such person 18 was convicted. If upon investigation, the sentencing court, the defense 19 attorney or the district attorney believes that the person has been so 20 erroneously sentenced, the sentencing court, or the district attorney 21 acting at the direction of the sentencing court, shall notify the 22 department and arrange for the person to be heard and properly resen- 23 tenced. The department thereupon shall comply with any court order to 24 produce such person from such prison and cause him or her to be taken 25 before the court in which he or she was sentenced for the purpose of 26 resentence. The cost and expense of the return of such person necessar- 27 ily incurred shall be a charge against the county from which he or she 28 was committed. 29 § 8. Section 607 of the correction law, as added by chapter 570 of the 30 laws of 2021, is amended to read as follows: 31 § 607. Prohibition of double-bunked housing. 1. For purposes of this 32 section "double-bunked housing" shall mean the practice of [inmate] 33 incarcerated individual housing where bunk beds are used in a dormitory 34 setting, with [inmates] incarcerated individuals residing in an open 35 space and sleeping on bunk beds. 36 2. Upon the effective date of this section, the department is prohib- 37 ited from housing [inmates] incarcerated individuals using double-bunked 38 housing practices in correctional facilities. Any [inmates] incarcerated 39 individuals housed in such double-bunked housing on the effective date 40 of this section shall be moved to other housing accommodations provided 41 that such accommodations are not located in a more restrictive housing 42 unit or correctional facility unless otherwise appropriate. 43 3. The department is authorized to promulgate or repeal any rules and 44 regulations necessary to facilitate the implementation of this section. 45 § 9. Subdivision 4 of section 611 of the correction law, as added by 46 chapter 621 of the laws of 2021, is amended to read as follows: 47 4. Upon admitting a woman known to be pregnant, or upon learning of 48 pregnancy status, the chief medical officer of each correctional facili- 49 ty housing female [inmates] incarcerated individuals, including the 50 medical professional responsible for each local correctional facility 51 housing female [inmates] incarcerated individuals, or such officer or 52 professional's designee, shall immediately inform such woman of the 53 option of participating in pregnancy counseling services and the right 54 to abortion services. 55 § 10. Section 625 of the correction law, as added by chapter 392 of 56 the laws of 2018, is amended to read as follows:A. 9273 4 1 § 625. Feminine hygiene products. Feminine hygiene products, includ- 2 ing, but not limited to, sanitary napkins, tampons and panty liners, 3 shall be provided at no cost to individuals housed in state and local 4 correctional facilities used for the general confinement of female 5 [inmates] incarcerated individuals and in any other state or local 6 facility where women are detained or confined by law enforcement agen- 7 cies. 8 § 11. Section 626 of the correction law, as added by chapter 432 of 9 the laws of 2021, is amended to read as follows: 10 § 626. Medication assisted treatment in correctional facilities. 1. 11 For purposes of this section "medication assisted treatment" means 12 treatment of chemical dependence or abuse and concomitant conditions 13 with medications requiring a prescription or order from an authorized 14 prescribing professional. 15 2. (a) The commissioner, in conjunction with the office of [alcoholism16and substance abuse] addiction services and supports, shall establish a 17 program to be administered at correctional facilities within the depart- 18 ment in the state, for the purpose of employing medication assisted 19 treatment for [inmates] incarcerated individuals in such facilities who 20 are undergoing treatment for a substance use disorder. Such program 21 shall include all forms of medication assisted treatments approved for 22 the treatment of a substance use disorder by the Federal Food and Drug 23 Administration for the duration of an [inmate's] incarcerated individ- 24 ual's incarceration and shall provide an individualized treatment plan 25 for each participant. After a medical screening, [inmates] incarcerated 26 individuals who are determined to suffer from a substance use disorder, 27 for which FDA approved addiction medications exist shall be offered 28 placement in the medication assisted treatment program. Placement in 29 such program shall not be mandatory. Each participating [inmate] incar- 30 cerated individual shall work with an authorized specialist to determine 31 an individualized treatment plan, including an appropriate level of 32 counseling. Decisions regarding type, dosage, or duration of any medica- 33 tion regimen shall be made by a qualified health care professional 34 licensed or certified under title eight of the education law who is 35 authorized to administer such medication in conjunction with the 36 [inmate] incarcerated individual. 37 (b) i. Such program shall also include conditions for a reentry strat- 38 egy for [inmates] incarcerated individuals who have participated in 39 medication assisted treatment. Such strategy shall include, but not be 40 limited to, providing each participating [inmate] incarcerated individ- 41 ual with information on available treatment facilities in their area, 42 information on available housing and employment resources, and any other 43 information that will assist the [inmate] incarcerated individual in 44 continued recovery once released. Such program shall also assist the 45 [inmate] incarcerated individual in Medicaid enrollment, prior to 46 release. 47 ii. Such program shall provide participating [inmates] incarcerated 48 individual preparing for release from prison with a one-week supply of 49 any necessary medication, where permissible under federal laws and regu- 50 lations to continue their medication assisted treatment in an effort to 51 prevent relapse. 52 (c) Reentry planning and community supervision should include a colla- 53 borative relationship between clinical and parole staff including shar- 54 ing of accurate information regarding the [inmate's] incarcerated indi- 55 vidual's participation in medication assisted treatment to ensure that 56 their medication is not deemed illicit or illegal. Additionally, proce-A. 9273 5 1 dures shall be developed to assist any reentrant who communicates a 2 relapse with their parole officer or who fails a drug test, to receive 3 substance use disorder support in lieu of arrest and/or incarceration. 4 3. The commissioner shall submit within one year of the effective date 5 of this section and annually thereafter, a report to the governor, the 6 temporary president of the senate and the speaker of the assembly on the 7 effectiveness of the program established pursuant to this section. Such 8 reports shall include an analysis of the impact of such program on the 9 participating [inmates] incarcerated individuals, including factors such 10 as institutional adjustment, behavior infractions, reentry rates, HIV 11 and hepatitis C treatment, and program participation, among related 12 relevant factors. The reports shall also include the impact on institu- 13 tional safety and performance and any recommendations for additional 14 legislative enactments that may be needed or required to improve or 15 enhance the program as determined to be appropriate by the commissioner. 16 4. Participation in the medication assisted treatment program shall 17 not be withheld from a qualified [inmate] incarcerated individual. An 18 [inmate] incarcerated individual may enter into such program at any time 19 during his or her incarceration. An [inmate] incarcerated individual 20 using medication assisted treatment prior to such [inmate's] incarcerat- 21 ed individual's incarceration shall be eligible to, upon request by such 22 [inmate] incarcerated individual, continue such treatment in the medica- 23 tion assisted treatment program for any period of time during the dura- 24 tion of such [inmate's] incarcerated individual's incarceration. No 25 person shall be denied participation in the program on the basis of a 26 positive drug screening upon entering custody or upon intake into the 27 program; nor shall any person receive a disciplinary infraction for such 28 positive drug screening. No person shall be removed from, or denied 29 participation in the program on the basis of having received any disci- 30 plinary infraction: (a) before entry into the program; or (b) during 31 participation in the program. 32 § 12. The article heading of article 26-A of the correction law, as 33 added by chapter 261 of the laws of 1987, is amended to read as follows: 34 SHOCK INCARCERATION PROGRAM 35 FOR STATE CORRECTIONAL [INMATES] INCARCERATED 36 INDIVIDUALS 37 § 13. Subdivision 3 of section 259-h of the executive law, as added by 38 chapter 904 of the laws of 1977, is amended to read as follows: 39 3. The provisions of this subdivision shall apply in any case where a 40 person is under a sentence imposed pursuant to the penal law in effect 41 prior to September first, nineteen hundred sixty-seven, other than a 42 sentence specified in subdivisions one and two of this section. Any 43 person who is not otherwise or who will not sooner become eligible for 44 release on parole shall be or become eligible for release on parole 45 under such sentence after service of a minimum period of imprisonment of 46 eight years and four months. 47 Notwithstanding the provisions of subdivisions one and two hereof, 48 [inmates] incarcerated individuals convicted of murder, second degree, 49 and sentenced pursuant to the provisions of the penal law in effect 50 prior to September first, nineteen hundred sixty-seven, who are not 51 otherwise or who will not sooner become eligible for release on parole, 52 shall be eligible for release on parole under such sentence after 53 service of a minimum period of imprisonment of eight years and four 54 months. 55 § 14. Subparagraph (i) of paragraph (a) of subdivision 2 of section 56 259-i of the executive law, as separately amended by section 6 of chap-A. 9273 6 1 ter 103 and section 11 of chapter 322 of the laws of 2021, is amended to 2 read as follows: 3 (i) Except as provided in subparagraph (ii) of this paragraph, at 4 least one month prior to the date on which an incarcerated individual 5 may be paroled pursuant to subdivision one of section 70.40 of the penal 6 law, a member or members as determined by the rules of the board shall 7 personally interview such incarcerated individual and determine whether 8 he or she should be paroled in accordance with the guidelines adopted 9 pursuant to subdivision four of section two hundred fifty-nine-c of this 10 article. If parole is not granted upon such review, the incarcerated 11 individual shall be informed in writing within two weeks of such appear- 12 ance of the factors and reasons for such denial of parole. Such reasons 13 shall be given in detail and not in conclusory terms. The board shall 14 specify a date not more than twenty-four months from such determination 15 for reconsideration, and the procedures to be followed upon reconsider- 16 ation shall be the same. If the incarcerated individual is released, he 17 or she shall be given a copy of the conditions of parole. Such condi- 18 tions shall where appropriate, include a requirement that the parolee 19 comply with any restitution order, mandatory surcharge, sex offender 20 registration fee and DNA databank fee previously imposed by a court of 21 competent jurisdiction that applies to the parolee. The conditions shall 22 indicate which restitution collection agency established under subdivi- 23 sion eight of section 420.10 of the criminal procedure law, shall be 24 responsible for collection of restitution, mandatory surcharge, sex 25 offender registration fees and DNA databank fees as provided for in 26 section 60.35 of the penal law and section eighteen hundred nine of the 27 vehicle and traffic law. If the [inmate] incarcerated individual is 28 released, he or she shall also be notified in writing that his or her 29 voting rights will be restored upon release. 30 § 15. Paragraph (a) of subdivision 2 of section 259-i of the executive 31 law, as separately amended by section 7 of chapter 103 and section 11-a 32 of chapter 322 of the laws of 2021, is amended to read as follows: 33 (a) At least one month prior to the expiration of the minimum period 34 or periods of imprisonment fixed by the court or board, a member or 35 members as determined by the rules of the board shall personally inter- 36 view an incarcerated individual serving an indeterminate sentence and 37 determine whether he or she should be paroled at the expiration of the 38 minimum period or periods in accordance with the procedures adopted 39 pursuant to subdivision four of section two hundred fifty-nine-c of this 40 article. If parole is not granted upon such review, the incarcerated 41 individual shall be informed in writing within two weeks of such appear- 42 ance of the factors and reasons for such denial of parole. Such reasons 43 shall be given in detail and not in conclusory terms. The board shall 44 specify a date not more than twenty-four months from such determination 45 for reconsideration, and the procedures to be followed upon reconsider- 46 ation shall be the same. If the incarcerated individual is released, he 47 or she shall be given a copy of the conditions of parole. Such condi- 48 tions shall where appropriate, include a requirement that the parolee 49 comply with any restitution order and mandatory surcharge previously 50 imposed by a court of competent jurisdiction that applies to the paro- 51 lee. The conditions shall indicate which restitution collection agency 52 established under subdivision eight of section 420.10 of the criminal 53 procedure law, shall be responsible for collection of restitution and 54 mandatory surcharge as provided for in section 60.35 of the penal law 55 and section eighteen hundred nine of the vehicle and traffic law. If the 56 [inmate] incarcerated individual is released, he or she shall also beA. 9273 7 1 notified in writing that his or her voting rights will be restored upon 2 release. 3 § 16. Subdivision 5 of paragraph b of section 101.00 of the local 4 finance law, as amended by chapter 200 of the laws of 1960, is amended 5 to read as follows: 6 5. A county, city or town from providing, pursuant to law, for the 7 care, support, maintenance and secular education of inmates of orphan 8 asylums, homes for dependent children or incarcerated individuals in 9 correctional institutions and of children placed in family homes by 10 authorized agencies, whether under public or private control. 11 § 17. Subdivision (l) of section 10.03 of the mental hygiene law, as 12 added by chapter 7 of the laws of 2007, is amended to read as follows: 13 (l) "Related offenses" include any offenses that are prosecuted as 14 part of the same criminal action or proceeding, or which are part of the 15 same criminal transaction, or which are the bases of the orders of 16 commitment received by the department of correctional services in 17 connection with an [inmate's] incarcerated individual's current term of 18 incarceration. 19 § 18. Subdivision 8 of section 60.05 of the penal law, as added by 20 section 1 of part KK of chapter 55 of the laws of 2019, is amended to 21 read as follows: 22 8. Shock incarceration participation. (a) When the court imposes a 23 determinate sentence of imprisonment pursuant to subdivision three of 24 section 70.02 of this chapter or subdivision six of section 70.06 of 25 this chapter upon a person who stands convicted either of burglary in 26 the second degree as defined in subdivision two of section 140.25 of 27 this chapter or robbery in the second degree as defined in subdivision 28 one of section 160.10 of this chapter, or an attempt thereof, upon 29 motion of the defendant, the court may issue an order directing that the 30 department of corrections and community supervision enroll the defendant 31 in the shock incarceration program as defined in article twenty-six-A of 32 the correction law, provided that the defendant is an eligible [inmate] 33 incarcerated individual, as described in subdivision one of section 34 eight hundred sixty-five of the correction law. Notwithstanding the 35 foregoing provisions of this subdivision, any defendant to be enrolled 36 in such program pursuant to this subdivision shall be governed by the 37 same rules and regulations promulgated by the department of corrections 38 and community supervision, including without limitation those rules and 39 regulations establishing requirements for completion and such rules and 40 regulations governing discipline and removal from the program. 41 (b) Paragraph [(b)] b of subdivision seven of section 60.04 of this 42 article shall apply in the event an [inmate] incarcerated individual 43 designated by court order for enrollment in the shock incarceration 44 program requires a degree of medical care or mental health care that 45 cannot be provided at a shock incarceration facility. 46 § 19. Subparagraph (i) of paragraph (a), subparagraph (ii) of para- 47 graph (c) and subparagraphs (i) and (ii) of paragraph (f) of subdivision 48 6 of section 3502 of the public health law, as added by chapter 313 of 49 the laws of 2018, are amended to read as follows: 50 (i) Notwithstanding the provisions of this section or any other 51 provision of law, rule or regulation to the contrary, licensed practi- 52 tioners, persons licensed under this article and unlicensed personnel 53 employed at a local correctional facility may, in a manner permitted by 54 the regulations promulgated pursuant to this subdivision, utilize body 55 imaging scanning equipment that applies ionizing radiation to humans for 56 purposes of screening [inmates] incarcerated individuals committed toA. 9273 8 1 such facility, in connection with the implementation of such facility's 2 security program. 3 (ii) Limitations on exposure which shall be no more than fifty percent 4 of the annual exposure limits for non-radiation workers as specified by 5 applicable regulations, except that [inmates] incarcerated individuals 6 under the age of eighteen shall not be subject to more than five percent 7 of such annual exposure limits, and pregnant women shall not be subject 8 to such scanning at any time. Procedures for identifying pregnant women 9 shall be set forth in the regulations; 10 (i) the number of times the equipment was used on [inmates] incarcer- 11 ated individuals upon intake, after visits, and upon the suspicion of 12 contraband, as well as any other event that triggers the use of such 13 equipment; 14 (ii) the average, median, and highest number of times the equipment 15 was used on any [inmate] incarcerated individual, with corresponding 16 exposure levels; 17 § 20. Subdivision 7 of section 194 of the social services law, as 18 amended by chapter 322 of the laws of 2021, is amended to read as 19 follows: 20 7. as far as practicable provide suitable employment for any incarcer- 21 ated individual whom the attending physician pronounces able to work, 22 assigning such [inmates] incarcerated individuals to such labor in 23 connection with the farm and garden, or the care and upkeep of the 24 buildings or other suitable tasks in the public home as they may be 25 deemed capable of performing, and providing occupational and other 26 diversions as may be for the best interests of the incarcerated individ- 27 uals, 28 § 21. Paragraph 1 of subdivision b of section 9-143 of the administra- 29 tive code of the city of New York, as amended by chapter 322 of the laws 30 of 2021, is amended to read as follows: 31 1. The number of incarcerated individuals released by the department 32 to the community during the reporting period, the number of eligible 33 [inmates] incarcerated individuals released to the community by the 34 department during the reporting period, and the percentage of incarcer- 35 ated individuals released to the community by the department who were 36 eligible during the reporting period, provided that such report shall 37 count each individual released during the reporting period only once; 38 and 39 § 22. Subdivision a of section 9-149 of the administrative code of the 40 city of New York, as amended by chapter 322 of the laws of 2021, is 41 amended to read as follows: 42 a. In order to facilitate the posting of bail, the department may 43 delay the transportation of an incarcerated individual for admission to 44 a housing facility for not less than four and not more than 12 hours 45 following the [inmate's] incarcerated individual's arraignment in crimi- 46 nal court if requested by either the department or a not-for-profit 47 corporation under contract with the city to provide pretrial and other 48 criminal justice services, including interviewing adult defendants 49 either before or after such persons are arraigned on criminal charges, 50 has made direct contact with a person who reports that he or she will 51 post bail for the incarcerated individual. 52 § 23. The section heading of section 9-154 of the administrative code 53 of the city of New York, as added by local law number 144 of the city of 54 New York for the year 2018, is amended to read as follows: 55 Telephone services to [inmates] incarcerated individuals.A. 9273 9 1 § 24. The definition "correctional health authority" of subdivision a 2 of section 9-156 of the administrative code of the city of New York, as 3 added by local law number 21 of the city of New York for the year 2019, 4 is amended to read as follows: 5 Correctional health authority. The term "correctional health authori- 6 ty" means the entity responsible for the delivery of health and mental 7 health services to [inmates] incarcerated individuals in the custody of 8 the department. 9 § 25. The definition "cell" of section 408.1.1 of the building code of 10 the administrative code of the city of New York, as added by section 5 11 of part C of local law number 126 of the city of New York for the year 12 2021, is amended to read as follows: 13 CELL. A room within a housing unit in a detention or correctional 14 facility used to confine [inmates] incarcerated individuals or prison- 15 ers. 16 § 26. Section E106.4.8 of appendix E of the building code of the 17 administrative code of the city of New York, as amended by section 54 of 18 part C of local law number 126 of the city of New York for the year 19 2021, is amended to read as follows: 20 E106.4.8 Detention and correctional facilities. In detention and 21 correctional facilities, where a public pay telephone is provided in a 22 secured area used only by detainees or [inmates] incarcerated individ- 23 uals and security personnel, then at least one TTY shall be provided in 24 at least one secured area. 25 § 27. This act shall take effect immediately; provided, however: 26 a. that if chapter 432 of the laws of 2021 shall not have taken effect 27 on or before such date then sections one and eleven of this act shall 28 take effect on the same date and in the same manner as such chapter of 29 the laws of 2021 takes effect; 30 b. that if section 8 of part NNN of chapter 59 of the laws of 2021 31 shall not have taken effect on or before such date then section five of 32 this act shall take effect on the same date and in the same manner as 33 such section of such part of such chapter of the laws of 2021 takes 34 effect; 35 c. that if chapter 93 of the laws of 2021 shall not have taken effect 36 on or before such date then section six of this act shall take effect on 37 the same date and in the same manner as such chapter of the laws of 2021 38 takes effect; 39 d. that if chapter 570 of the laws of 2021 shall not have taken effect 40 on or before such date then section eight of this act shall take effect 41 on the same date and in the same manner as such chapter of the laws of 42 2021 takes effect; 43 e. that if chapter 621 of the laws of 2021 shall not have taken effect 44 on or before such date then section nine of this act shall take effect 45 on the same date and in the same manner as such chapter of the laws of 46 2021 takes effect; 47 f. that the amendments to subdivision 2 of section 259-i of the execu- 48 tive law made by section fourteen of this act shall be subject to the 49 expiration and reversion of such subdivision pursuant to subdivision d 50 of section 74 of chapter 3 of the laws of 1995 as amended, when upon 51 such date the provisions of section fifteen of this act shall take 52 effect; 53 g. that the amendments to subdivision 6 of section 3502 of the public 54 health law made by section nineteen of this act shall not affect the 55 expiration and repeal of such subdivision and shall be deemed to expire 56 and repeal therewith;A. 9273 10 1 h. that the amendments to section 9-149 of the administrative code of 2 the city of New York made by section twenty-two of this act shall not 3 affect the expiration and repeal of such section and shall be deemed to 4 expire and repeal therewith; 5 i. that if section 5 of part C of local law number 126 of the city of 6 New York for the year 2021 shall not have taken effect on or before such 7 date then section twenty-five of this act shall take effect on the same 8 date and in the same manner as such local law of the city of New York 9 for the year 2021 takes effect; and 10 j. that if section 54 of part C of local law number 126 of the city of 11 New York for the year 2021 shall not have taken effect on or before such 12 date then section twenty-six of this act shall take effect on the same 13 date and in the same manner as such local law of the city of New York 14 for the year 2021 takes effect.