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A09273 Summary:

A09273 Actions:

A09273 Committee Votes:

Committee:CORRECTION   Chair:Weprin      
DATE:04/26/2022AYE/NAY:13/0  Action: Favorable         
Weprin
Aye
Giglio
Aye
Colton
Aye
Palmesano
Aye
Rozic
Aye
Walczyk
Aye
Davila
Aye
Quart
Aye
Burgos
Aye
Burdick
Aye
Kelles
Aye
Epstein
Aye
Gibbs
Aye

A09273 Floor Votes:

A09273 Text:

 
                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.
                                                                   LBD14403-01-2
        A. 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 [alcoholism
    16  and 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  be
        A. 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  to
        A. 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.