Bill Text: NY S01921 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to establishing emergency release protocols during a time of crisis including during a state disaster emergency which places the lives, health or well-being of people in custody at risk.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S01921 Detail]

Download: New_York-2023-S01921-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1921

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023
                                       ___________

        Introduced by Sen. SEPULVEDA -- 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 establishing emergen-
          cy release protocols during a time of crisis

          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 807
     2  to read as follows:
     3    § 807. Emergency release during a time of crisis. 1.  During  a  state
     4  disaster  emergency,  as  defined in article two-B of the executive law,
     5  which places the lives, health or well-being of  people  in  custody  at
     6  risk,  the commissioner shall have the authority to release to community
     7  supervision any person in custody who:
     8    (a) is within two years of their earliest release date, has a  reason-
     9  ably stable living situation upon release, does not pose an unreasonable
    10  public safety risk and appears to be rehabilitated, is immunocompromised
    11  or  has  a disability as defined in paragraph (a) of subdivision twenty-
    12  one of section two hundred ninety-two of the executive law;
    13    (b) is a pregnant woman  or  a  woman  participating  in  the  nursery
    14  program  at  a  correctional  facility who does not pose an unreasonable
    15  public safety risk and has a reasonably  stable  living  situation  upon
    16  release; or
    17    (c) is a person over the age of fifty-five that has completed at least
    18  one  half of their term or minimum term of sentence who has a reasonably
    19  stable living situation upon release and does not pose  an  unreasonable
    20  public safety risk.
    21    2.  Any  individual released under these emergency circumstances shall
    22  remain under community supervision, unless such supervision  is  revoked
    23  pursuant to subdivision three of section two hundred fifty-nine-i of the
    24  executive  law,  for  the remainder of their sentence or until such time

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05320-01-3
        S. 1921                             2

     1  that the commissioner decides it is appropriate to terminate such super-
     2  vision pursuant to the limitations set forth in section two hundred five
     3  of this chapter.
     4    § 2. This act shall take effect immediately.