Amd §112, Cor L (as proposed in S.7781-A & A.9169-A)
Relates to the commissioner of corrections and community supervision's heat mitigation plan for correctional facilities; provides findings regarding permanent cooling solutions shall be included.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1676
SPONSOR: Burdick TITLE OF BILL:
An act to amend the correction law, in relation to the commissioner of
corrections and community supervision's heat mitigation plan for correc-
tional facilities
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to make clarifying amendments to Chapter 561
of the Laws of 2024, relating to requiring the commissioner of
Corrections and Community Supervision to develop a heat mitigation plan.
SUMMARY OF PROVISIONS:
Section 1 would amend Section 112 of the Correction Law to clarify that
shade in exercise yards must be consistent with the facility's safety
and security protocols. Additionally, the bill would require the commis-
sioner to evaluate the financial and operational feasibility of cooling
stations and to develop a timeline to implement the findings of such an
evaluation.
Section 2 would provide for the effective date.
JUSTIFICATION:
The correctional system's responsibility extends beyond public safety to
prioritize the well-being of both incarcerated individuals and staff.
Escalating temperatures due to climate change present unprecedented
challenges for correctional facilities. It is imperative that a Heat
Mitigation Plan is established, ensuring that our corrections system is
safeguarding the health of those confined and their caretakers.
Establishing a Heat Mitigation Plan for correctional facilities is a
necessary step to fulfill legal, and ethical responsibilities. By insti-
tuting a plan, we uphold human rights, maintain a just correctional
system, and foster an environment supporting rehabilitation and public
Safety.
Chapter 561 of the Laws of 2024 directed the commission of corrections
and community supervision to establish an annual heat mitigation plan
and an extreme heat action plan work group of the department of environ-
mental conservation to analyze the impact of extreme heat on incarcerat-
ed individuals and people employed prisons. This chapter amendment would
clarify that shade in exercise yards must be consistent with the facili-
ty's safety and security protocols. This amendment would require the
commissioner to evaluate the financial and operational feasibility of
permanent sustainable cooling stations and to develop a timeline to
implement the findings of such an evaluation.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2024 amending the correction law relating to
establishing an annual heat mitigation plan; and directing the extreme
heat action plan work group of the department of environmental conserva-
tion to analyze the impact of extreme heat on incarcerated individuals
and people working in prisons, as proposed in legislative bills numbers
S. 7781-A and A. 9169-A, takes effect.
STATE OF NEW YORK
________________________________________________________________________
1676
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to the commissioner of
corrections and community supervision's heat mitigation plan for
correctional facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 112 of the correction law, as
2 added by a chapter of the laws of 2024 amending the correction law
3 relating to establishing an annual heat mitigation plan; and directing
4 the extreme heat action plan work group of the department of environ-
5 mental conservation to analyze the impact of extreme heat on incarcerat-
6 ed individuals and people working in prisons, as proposed in legislative
7 bills numbers S. 7781-A and A. 9169-A, is amended to read as follows:
8 6. (a) The commissioner shall promulgate rules and regulations to
9 establish and maintain an annual heat mitigation plan to ensure incar-
10 cerated individuals and correctional facility staff have options avail-
11 able to stay cool, hydrated and safe during high heat temperatures. Such
12 plan shall include, to the extent possible:
13 (i) access to industrial fans, water, ice, and additional access to
14 showers;
15 (ii) commissaries fully stocked with personal fans prior to the begin-
16 ning of summer;
17 (iii) monitoring temperatures in housing, program and industry areas;
18 (iv) maintaining a list of incarcerated individuals and correctional
19 facility staff [with] who have medical conditions that make them more
20 susceptible to heat and monitor their well-being;
21 (v) increased rounds and wellness checks; and
22 (vi) providing shade on exercise yards if consistent with the facili-
23 ty's safety and security protocols.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02905-01-5
A. 1676 2
1 (b) The commissioner, as part of such heat mitigation plan, shall
2 [develop a timeline to establish] evaluate the financial and operational
3 feasibility of establishing cooling stations [and provide evaporative
4 fans to] and a permanent sustainable cooling solution at each facility,
5 provided that upon a determination or finding that a permanent sustaina-
6 ble cooling solution is feasible in each facility, the commissioner
7 shall develop a timeline to implement the findings of such evaluation.
8 § 2. This act shall take effect on the same date and in the same
9 manner as a chapter of the laws of 2024 amending the correction law
10 relating to establishing an annual heat mitigation plan; and directing
11 the extreme heat action plan work group of the department of environ-
12 mental conservation to analyze the impact of extreme heat on incarcerat-
13 ed individuals and people working in prisons, as proposed in legislative
14 bills numbers S. 7781-A and A. 9169-A, takes effect.
