Prohibits the transfer of incarcerated individuals during a public health emergency except where a correctional facility has an outbreak of a disease unless the incarcerated individual requests such transfer.
STATE OF NEW YORK
________________________________________________________________________
10623
IN ASSEMBLY
June 10, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Sayegh) --
read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to prohibiting the
transfer of incarcerated individuals during a public health emergency
unless the incarcerated individual requests such transfer
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 626
2 to read as follows:
3 § 626. Care of incarcerated individuals during a public health emer-
4 gency. (a) No incarcerated individual shall be transferred from a state
5 correctional facility or a local correctional facility to a different
6 state correctional facility or local correctional facility during a
7 declared public health emergency; provided, however, that if there is an
8 outbreak of a disease in a state correctional facility or a local
9 correctional facility, incarcerated individuals may be transferred from
10 such facility; provided further, however, that this section shall not
11 apply to transfers requested by incarcerated individuals.
12 (b) During a declared public health emergency, each incarcerated indi-
13 vidual shall be continually tested for any disease related to such
14 public health emergency as soon as is practicable following the develop-
15 ment of a test for such disease. The results from the tests of incarcer-
16 ated individuals shall be reported to the commissioner, the governor,
17 the temporary president of the senate, and the speaker of the assembly.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16614-03-0
