Relates to replacing all instances of the words or variations of the words inmate or inmates with the words incarcerated individual or incarcerated individuals or variation thereof.
STATE OF NEW YORK
________________________________________________________________________
3332
2021-2022 Regular Sessions
IN SENATE
January 28, 2021
___________
Introduced by Sen. RIVERA -- 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 civil service law, the election law, the executive
law, the public officers law, the state finance law, the tax law, the
workers' compensation law, the labor law, the transportation law, the
vehicle and traffic law, the environmental conservation law, the
public buildings law, the public health law, the general municipal
law, the county law, the education law, the mental hygiene law, the
retirement and social security law, the social services law, the
general business law, the penal law, the correction law, the criminal
procedure law, the surrogate's court procedure act, the New York city
criminal court act, the court of claims act, the civil practice law
and rules, the civil rights law, chapter 784 of the laws of 1951,
constituting the New York state defense emergency act, the administra-
tive code of the city of New York, and the New York city charter, in
relation to replacing all instances of the words inmate or inmates
with the words incarcerated individual or incarcerated individuals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 136 of the civil service law, as
2 amended by section 62 of subpart B of part C of chapter 62 of the laws
3 of 2011, is amended to read as follows:
4 1. The term "teacher", for purposes of this section, means any employ-
5 ee of a state facility or institution in the office of children and
6 family services in the executive department and in the departments of
7 corrections and community supervision, health, mental hygiene and social
8 services holding a position the principal duty of which is the teaching
9 or instruction of patients or [inmates] incarcerated individuals, or the
10 direct supervision of such teaching or instruction, including an insti-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00901-01-1
S. 3332 2
1 tution education director, as determined by the department of civil
2 service subject to approval of the director of the budget.
3 § 2. Subdivision 1 of section 3-107 of the election law is amended to
4 read as follows:
5 1. Visit and inspect any house, dwelling, building, inn, lodginghouse,
6 boarding-house, rooming-house, or hotel and interrogate any [inmate]
7 incarcerated individual, house-dweller, keeper, caretaker, owner,
8 proprietor or landlord thereof or therein, as to any person or persons
9 residing or claiming to reside therein or thereat.
10 § 3. Subdivision 13 of section 5-210 of the election law, as amended
11 by chapter 179 of the laws of 2005, is amended to read as follows:
12 13. An affidavit or a signed statement by any officer or employee of
13 the state or county board of elections or any police officer, sheriff or
14 deputy sheriff, that such person visited the premises claimed by the
15 applicant as his or her residence and interrogated an [inmate] incarcer-
16 ated individual, house-dweller, keeper, caretaker, owner, proprietor or
17 landlord thereof or therein as to such applicant's residence therein or
18 thereat, and that he or she was informed by one or more such persons,
19 naming them, that they knew the persons residing upon such premises and
20 that the applicant did not reside upon such premises as set forth in his
21 or her application, shall be sufficient authority for a determination by
22 the board that the applicant is not entitled to registration or enroll-
23 ment; but this provision shall not preclude the board from making such
24 other determination, as the result of other inquiry, as it may deem
25 appropriate.
26 § 4. Paragraph (c) of subdivision 1 and subparagraph (iii) of para-
27 graph (c) of subdivision 4 of section 15-120 of the election law, as
28 added by chapter 289 of the laws of 2014, are amended to read as
29 follows:
30 (c) an [inmate] incarcerated individual or patient of a veteran's
31 administration hospital; or
32 (iii) an [inmate] incarcerated individual or patient of a veteran's
33 administration hospital; or
34 § 5. Subdivision 5 of section 16-108 of the election law is amended to
35 read as follows:
36 5. An affidavit by any officer or employee of the board of elections,
37 or by any police officer, sheriff or deputy sheriff, or by any special
38 investigator appointed by the state board of elections, that he or she
39 visited the premises claimed by the applicant as his or her residence
40 and that he interrogated an [inmate] incarcerated individual, housedwel-
41 ler, keeper, caretaker, owner, proprietor or landlord thereof or therein
42 as to the applicant's residence therein or thereat, and that he or she
43 was informed by one or more of such persons, naming them, that they knew
44 the persons residing upon such premises and that the applicant did not
45 reside upon such premises thirty days before the election, shall be
46 presumptive evidence against the right of the voter to register from
47 such premises.
48 § 6. Subdivision 6 of section 24 of the executive law, as added by
49 chapter 640 of the laws of 1978, is amended to read as follows:
50 6. Whenever a local state of emergency is declared by the chief execu-
51 tive of a local government pursuant to this section, the chief executive
52 of the county in which such local state of emergency is declared, or
53 where a county is wholly contained within a city, the mayor of such
54 city, may request the governor to remove all or any number of sentenced
55 [inmates] incarcerated individuals from institutions maintained by such
56 county in accordance with section ninety-three of the correction law.
S. 3332 3
1 § 7. Subdivision 4 of section 221-a of the executive law, as amended
2 by chapter 368 of the laws of 2013, is amended to read as follows:
3 4. Courts and law enforcement officials, including probation officers,
4 and employees of local correctional facilities and the department of
5 corrections and community supervision who are responsible for monitor-
6 ing, supervising or classification of [inmates] incarcerated individuals
7 or parolees shall have the ability to disclose and share information
8 with respect to such orders and warrants consistent with the purposes of
9 this section, subject to applicable provisions of the family court act,
10 domestic relations law and criminal procedure law concerning the confi-
11 dentiality, sealing and expungement of records.
12 § 8. Subdivisions 1, 3, 4, 5, 8, 12 and 16 of section 259-c of the
13 executive law, as amended by section 38-b of subpart A of part C of
14 chapter 62 of the laws of 2011, are amended to read as follows:
15 1. have the power and duty of determining which [inmates] incarcerated
16 individuals serving an indeterminate or determinate sentence of impri-
17 sonment may be released on parole, or on medical parole pursuant to
18 section two hundred fifty-nine-r or section two hundred fifty-nine-s of
19 this article, and when and under what conditions;
20 3. determine, as each [inmate] incarcerated individual is received by
21 the department, the need for further investigation of the background of
22 such [inmate] incarcerated individual. Upon such determination, the
23 department shall cause such investigation as may be necessary to be made
24 as soon as practicable, the results of such investigation together with
25 all other information compiled by the department and the complete crimi-
26 nal record and family court record of such [inmate] incarcerated indi-
27 vidual to be filed so as to be readily available when the parole of such
28 [inmate] incarcerated individual is being considered;
29 4. establish written procedures for its use in making parole decisions
30 as required by law. Such written procedures shall incorporate risk and
31 needs principles to measure the rehabilitation of persons appearing
32 before the board, the likelihood of success of such persons upon
33 release, and assist members of the state board of parole in determining
34 which [inmates] incarcerated individuals may be released to parole
35 supervision;
36 5. through its members, officers and employees, study or cause to be
37 studied the [inmates] incarcerated individuals confined in institutions
38 over which the board has jurisdiction, so as to determine their ultimate
39 fitness to be paroled;
40 8. have the power and perform the duty, when requested by the gover-
41 nor, of reporting to the governor the facts, circumstances, criminal
42 records and social, physical, mental and psychiatric conditions and
43 histories of [inmates] incarcerated individuals under consideration by
44 the governor for pardon or commutation of sentence and of applicants for
45 restoration of the rights of citizenship;
46 12. to facilitate the supervision of all [inmates] incarcerated indi-
47 viduals released on community supervision the chairman of the state
48 board of parole shall consider the implementation of a program of gradu-
49 ated sanctions, including but not limited to the utilization of a risk
50 and needs assessment instrument that would be administered to all
51 [inmates] incarcerated individuals eligible for parole supervision. Such
52 a program would include various components including the use of alterna-
53 tives to incarceration for technical parole violations;
54 16. determine which [inmates] incarcerated individuals serving a defi-
55 nite sentence of imprisonment may be conditionally released from an
S. 3332 4
1 institution in which he or she is confined in accordance with subdivi-
2 sion two of section 70.40 of the penal law.
3 § 8-a. Subdivision 1 of section 259-c of the executive law, as amended
4 by chapter 55 of the laws of 1992, is amended to read as follows:
5 1. have the power and duty of determining which [inmates] incarcerated
6 individuals serving an indeterminate sentence of imprisonment may be
7 released on parole, or on medical parole pursuant to section two hundred
8 fifty-nine-r of this article, and when and under what conditions;
9 § 8-b. Subdivision 2 of section 259-c of the executive law, as added
10 by chapter 904 of the laws of 1977 and amended by chapter 1 of the laws
11 of 1998, is amended to read as follows:
12 2. have the power and duty of determining the conditions of release of
13 the person who may be conditionally released or subject to a period of
14 post-release supervision under an indeterminate or reformatory sentence
15 of imprisonment and of determining which [inmates] incarcerated individ-
16 uals serving a definite sentence of imprisonment may be conditionally
17 released and when and under what conditions;
18 § 9. Section 259-e of the executive law, as amended by chapter 473 of
19 the laws of 2016, is amended to read as follows:
20 § 259-e. Institutional parole services. The department shall provide
21 institutional parole services. Such services shall include preparation
22 of reports and other data required by the state board of parole in the
23 exercise of its functions with respect to release on presumptive
24 release, parole, conditional release or post-release supervision of
25 [inmates] incarcerated individuals. Additionally, the department shall
26 determine which [inmates] incarcerated individuals are in need of a deaf
27 language interpreter or an English language interpreter, and shall
28 inform the board of such need within a reasonable period of time prior
29 to an [inmate's] incarcerated individual's scheduled appearance before
30 the board. Employees of the department who collect data, interview
31 [inmates] incarcerated individuals and prepare reports for the state
32 board of parole in institutions under the jurisdiction of the department
33 shall work under the direct supervision of the deputy commissioner of
34 the department in charge of program services. Data and reports submitted
35 to the board shall address the statutory factors to be considered by the
36 board pursuant to the relevant provisions of section two hundred fifty-
37 nine-i of this article.
38 § 10. The section heading and subdivisions 4 and 5 of section 259-h of
39 the executive law, as added by chapter 904 of the laws of 1977, are
40 amended to read as follows:
41 Parole eligibility for certain [inmates] incarcerated individuals
42 sentenced for crimes committed prior to September first, nineteen
43 hundred sixty-seven.
44 4. In calculating time required to be served prior to eligibility for
45 parole under the minimum periods of imprisonment established by this
46 section the following rules shall apply:
47 (a) Service of such time shall be deemed to have commenced on the day
48 the [inmate] incarcerated individual was received in an institution
49 under the jurisdiction of the department pursuant to the sentence;
50 (b) Where an [inmate] incarcerated individual is under more than one
51 sentence, (i) if the sentences run concurrently, the time served under
52 imprisonment on any of the sentences shall be credited against the mini-
53 mum periods of all the concurrent sentences, and (ii) if the sentences
54 run consecutively, the minimum periods of imprisonment shall merge in
55 and be satisfied by service of the period that has the longest unexpired
56 time to run;
S. 3332 5
1 (c) No credit shall be allowed for "good conduct and efficient and
2 willing performance of duties," under former section two hundred thirty
3 of the correction law, repealed by chapter four hundred seventy-six of
4 the laws of nineteen hundred seventy and continued in effect as to
5 certain [inmates] incarcerated individuals, or under any other provision
6 of law;
7 (d) Calculations with respect to "jail time" "time served under
8 vacated sentence" and interruption for "escape" shall be in accordance
9 with the provisions of subdivisions three, five and six of section 70.30
10 of the penal law as enacted by chapter ten hundred thirty of the laws of
11 nineteen hundred sixty-five, as amended.
12 5. The provisions of this section shall not be construed as diminish-
13 ing the discretionary authority of the board of parole to determine
14 whether or not an [inmate] incarcerated individual is to be paroled.
15 § 11. Paragraphs (a), (c), (d) and (e) of subdivision 2, paragraph (d)
16 of subdivision 3, paragraph (b) of subdivision 4 and paragraph (a) of
17 subdivision 6 of section 259-i of the executive law, paragraphs (a) and
18 (d) of subdivision 2 as amended by section 38-f-1 of subpart A of part C
19 of chapter 62 of the laws of 2011, paragraph (c) of subdivision 2 as
20 separately amended by chapters 40 and 126 of the laws of 1999, subpara-
21 graph (A) of paragraph (c) of subdivision 2 as amended by chapter 130 of
22 the laws of 2016, paragraph (e) of subdivision 2 as amended by chapter
23 120 of the laws of 2017, paragraph (d) of subdivision 3 as amended by
24 section 11 of part E of chapter 62 of the laws of 2003, paragraph (b) of
25 subdivision 4 as added by chapter 904 of the laws of 1977 and paragraph
26 (a) of subdivision 6 as amended by chapter 363 of the laws of 2012, are
27 amended to read as follows:
28 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at
29 least one month prior to the date on which an [inmate] incarcerated
30 individual may be paroled pursuant to subdivision one of section 70.40
31 of the penal law, a member or members as determined by the rules of the
32 board shall personally interview such [inmate] incarcerated individual
33 and determine whether he or she should be paroled in accordance with the
34 guidelines adopted pursuant to subdivision four of section two hundred
35 fifty-nine-c of this article. If parole is not granted upon such review,
36 the [inmate] incarcerated individual shall be informed in writing within
37 two weeks of such appearance of the factors and reasons for such denial
38 of parole. Such reasons shall be given in detail and not in conclusory
39 terms. The board shall specify a date not more than twenty-four months
40 from such determination for reconsideration, and the procedures to be
41 followed upon reconsideration shall be the same. If the [inmate] incar-
42 cerated individual is released, he or she shall be given a copy of the
43 conditions of parole. Such conditions shall where appropriate, include a
44 requirement that the parolee comply with any restitution order, mandato-
45 ry surcharge, sex offender registration fee and DNA databank fee previ-
46 ously imposed by a court of competent jurisdiction that applies to the
47 parolee. The conditions shall indicate which restitution collection
48 agency established under subdivision eight of section 420.10 of the
49 criminal procedure law, shall be responsible for collection of restitu-
50 tion, mandatory surcharge, sex offender registration fees and DNA data-
51 bank fees as provided for in section 60.35 of the penal law and section
52 eighteen hundred nine of the vehicle and traffic law.
53 (ii) Any [inmate] incarcerated individual who is scheduled for
54 presumptive release pursuant to section eight hundred six of the
55 correction law shall not appear before the board as provided in subpara-
56 graph (i) of this paragraph unless such [inmate's] incarcerated individ-
S. 3332 6
1 ual's scheduled presumptive release is forfeited, canceled, or rescinded
2 subsequently as provided in such law. In such event, the [inmate] incar-
3 cerated individual shall appear before the board for release consider-
4 ation as provided in subparagraph (i) of this paragraph as soon there-
5 after as is practicable.
6 (c) (A) Discretionary release on parole shall not be granted merely as
7 a reward for good conduct or efficient performance of duties while
8 confined but after considering if there is a reasonable probability
9 that, if such [inmate] incarcerated individual is released, he or she
10 will live and remain at liberty without violating the law, and that his
11 or her release is not incompatible with the welfare of society and will
12 not so deprecate the seriousness of his or her crime as to undermine
13 respect for law. In making the parole release decision, the procedures
14 adopted pursuant to subdivision four of section two hundred fifty-nine-c
15 of this article shall require that the following be considered: (i) the
16 institutional record including program goals and accomplishments,
17 academic achievements, vocational education, training or work assign-
18 ments, therapy and interactions with staff and [inmates] incarcerated
19 individuals; (ii) performance, if any, as a participant in a temporary
20 release program; (iii) release plans including community resources,
21 employment, education and training and support services available to the
22 [inmate] incarcerated individual; (iv) any deportation order issued by
23 the federal government against the [inmate] incarcerated individual
24 while in the custody of the department and any recommendation regarding
25 deportation made by the commissioner of the department pursuant to
26 section one hundred forty-seven of the correction law; (v) any current
27 or prior statement made to the board by the crime victim or the victim's
28 representative, where the crime victim is deceased or is mentally or
29 physically incapacitated; (vi) the length of the determinate sentence to
30 which the [inmate] incarcerated individual would be subject had he or
31 she received a sentence pursuant to section 70.70 or section 70.71 of
32 the penal law for a felony defined in article two hundred twenty or
33 article two hundred twenty-one of the penal law; (vii) the seriousness
34 of the offense with due consideration to the type of sentence, length of
35 sentence and recommendations of the sentencing court, the district
36 attorney, the attorney for the [inmate] incarcerated individual, the
37 pre-sentence probation report as well as consideration of any mitigating
38 and aggravating factors, and activities following arrest prior to
39 confinement; and (viii) prior criminal record, including the nature and
40 pattern of offenses, adjustment to any previous probation or parole
41 supervision and institutional confinement. The board shall provide toll
42 free telephone access for crime victims. In the case of an oral state-
43 ment made in accordance with subdivision one of section 440.50 of the
44 criminal procedure law, the parole board member shall present a written
45 report of the statement to the parole board. A crime victim's represen-
46 tative shall mean the crime victim's closest surviving relative, the
47 committee or guardian of such person, or the legal representative of any
48 such person. Such statement submitted by the victim or victim's repre-
49 sentative may include information concerning threatening or intimidating
50 conduct toward the victim, the victim's representative, or the victim's
51 family, made by the person sentenced and occurring after the sentencing.
52 Such information may include, but need not be limited to, the threaten-
53 ing or intimidating conduct of any other person who or which is directed
54 by the person sentenced. Any statement by a victim or the victim's
55 representative made to the board shall be maintained by the department
56 in the file provided to the board when interviewing the [inmate] incar-
S. 3332 7
1 cerated individual in consideration of release. A victim or victim's
2 representative who has submitted a written request to the department for
3 the transcript of such interview shall be provided such transcript as
4 soon as it becomes available.
5 (B) Where a crime victim or victim's representative as defined in
6 subparagraph (A) of this paragraph, or other person submits to the
7 parole board a written statement concerning the release of an [inmate]
8 incarcerated individual, the parole board shall keep that individual's
9 name and address confidential.
10 (d) (i) Notwithstanding the provisions of paragraphs (a), (b) and (c)
11 of this subdivision, after the [inmate] incarcerated individual has
12 served his or her minimum period of imprisonment imposed by the court,
13 or at any time after the [inmate's] incarcerated individual's period of
14 imprisonment has commenced for an [inmate] incarcerated individual serv-
15 ing a determinate or indeterminate term of imprisonment, provided that
16 the [inmate] incarcerated individual has had a final order of deporta-
17 tion issued against him or her and provided further that the [inmate]
18 incarcerated individual is not convicted of either an A-I felony offense
19 other than an A-I felony offense as defined in article two hundred twen-
20 ty of the penal law or a violent felony offense as defined in section
21 70.02 of the penal law, if the [inmate] incarcerated individual is
22 subject to deportation by the United States Bureau of Immigration and
23 Customs Enforcement, in addition to the criteria set forth in paragraph
24 (c) of this subdivision, the board may consider, as a factor warranting
25 earlier release, the fact that such [inmate] incarcerated individual
26 will be deported, and may grant parole from an indeterminate sentence or
27 release for deportation from a determinate sentence to such [inmate]
28 incarcerated individual conditioned specifically on his or her prompt
29 deportation. The board may make such conditional grant of early parole
30 from an indeterminate sentence or release for deportation from a deter-
31 minate sentence only where it has received from the United States Bureau
32 of Immigration and Customs Enforcement assurance (A) that an order of
33 deportation will be executed or that proceedings will promptly be
34 commenced for the purpose of deportation upon release of the [inmate]
35 incarcerated individual from the custody of the department of correc-
36 tional services, and (B) that the [inmate] incarcerated individual, if
37 granted parole or release for deportation pursuant to this paragraph,
38 will not be released from the custody of the United States Bureau of
39 Immigration and Customs Enforcement, unless such release be as a result
40 of deportation without providing the board a reasonable opportunity to
41 arrange for execution of its warrant for the retaking of such person.
42 (ii) An [inmate] incarcerated individual who has been granted parole
43 from an indeterminate sentence or release for deportation from a deter-
44 minate sentence pursuant to this paragraph shall be delivered to the
45 custody of the United States Bureau of Immigration and Customs Enforce-
46 ment along with the board's warrant for his or her retaking to be
47 executed in the event of his release from such custody other than by
48 deportation. In the event that such person is not deported, the board
49 shall execute the warrant, effect his return to imprisonment in the
50 custody of the department and within sixty days after such return,
51 provided that the person is serving an indeterminate sentence and the
52 minimum period of imprisonment has been served, personally interview him
53 or her to determine whether he or she should be paroled in accordance
54 with the provisions of paragraphs (a), (b) and (c) of this subdivision.
55 The return of a person granted parole from an indeterminate sentence or
56 release for deportation from a determinate sentence pursuant to this
S. 3332 8
1 paragraph for the reason set forth herein shall not be deemed to be a
2 parole delinquency and the interruptions specified in subdivision three
3 of section 70.40 of the penal law shall not apply, but the time spent in
4 the custody of the United States Bureau of Immigration and Customs
5 Enforcement shall be credited against the term of the sentence in
6 accordance with the rules specified in paragraph (c) of that subdivi-
7 sion. Notwithstanding any other provision of law, any [inmate] incarcer-
8 ated individual granted parole from an indeterminate sentence or release
9 for deportation from a determinate sentence pursuant to this paragraph
10 who is subsequently committed to imprisonment in the custody of the
11 department for a felony offense committed after release pursuant to this
12 paragraph shall have his parole eligibility date on the indeterminate
13 sentence for the new felony offense, or his or her conditional release
14 date on the determinate sentence for the new felony offense, as the case
15 may be, extended by the amount of time between the date on which such
16 [inmate] incarcerated individual was released from imprisonment in the
17 custody of the department pursuant to this paragraph and the date on
18 which such [inmate] incarcerated individual would otherwise have
19 completed service of the minimum period of imprisonment on the prior
20 felony offense.
21 (e) Notwithstanding the requirements of paragraph (a) of this subdivi-
22 sion, the determination to parole an [inmate] incarcerated individual
23 who has successfully completed the shock incarceration program pursuant
24 to section eight hundred sixty-seven of the correction law may be made
25 without a personal interview of the [inmate] incarcerated individual and
26 shall be made in accordance with procedures set forth in the rules of
27 the board. If parole is not granted, the time period for reconsideration
28 shall not exceed the court imposed minimum.
29 (d) If a finding of probable cause is made pursuant to this subdivi-
30 sion either by a determination at a preliminary hearing or by the waiver
31 thereof, or if the releasee has been convicted of a new crime while
32 under presumptive release, parole, conditional release or post-release
33 supervision, the board's rules shall provide for (i) declaring such
34 person to be delinquent as soon as practicable and shall require reason-
35 able and appropriate action to make a final determination with respect
36 to the alleged violation or (ii) ordering such person to be restored to
37 presumptive release, parole, conditional release or post-release super-
38 vision under such circumstances as it may deem appropriate or (iii) when
39 a presumptive releasee, parolee, conditional releasee or person on post-
40 release supervision has been convicted of a new felony committed while
41 under such supervision and a new indeterminate or determinate sentence
42 has been imposed, the board's rules shall provide for a final declara-
43 tion of delinquency. The [inmate] incarcerated individual shall then be
44 notified in writing that his or her release has been revoked on the
45 basis of the new conviction and a copy of the commitment shall accompany
46 said notification. The [inmate's] incarcerated individual's next appear-
47 ance before the board shall be governed by the legal requirements of
48 said new indeterminate or determinate sentence, or shall occur as soon
49 after a final reversal of the conviction as is practicable.
50 (b) Upon an appeal to the board, the [inmate] incarcerated individual
51 may be represented by an attorney. Where the [inmate] incarcerated indi-
52 vidual is financially unable to provide for his or her own attorney,
53 upon request an attorney shall be assigned pursuant to the provisions of
54 subparagraph (v) of paragraph (f) of subdivision three of this section.
55 (a) (i) The board shall provide for the making of a verbatim record of
56 each parole release interview, except where a decision is made to
S. 3332 9
1 release the [inmate] incarcerated individual to parole supervision, and
2 each preliminary and final revocation hearing, except when the decision
3 of the presiding officer after such hearings result in a dismissal of
4 all charged violations of parole, conditional release or post release
5 supervision.
6 (ii) Notwithstanding the provisions of subparagraph (i) of this para-
7 graph, the board shall provide for the making of a verbatim record of
8 each parole release interview in all proceedings where the [inmate]
9 incarcerated individual is a detained sex offender as such term is
10 defined in subdivision (g) of section 10.03 of the mental hygiene law.
11 Such record shall be provided to the office of mental health for use by
12 the multidisciplinary staff and the case review panel pursuant to
13 section 10.05 of the mental hygiene law.
14 § 11-a. Paragraph (a) of subdivision 2 and paragraph (d) of subdivi-
15 sion 3 of section 259-i of the executive law, paragraph (a) of subdivi-
16 sion 2 as amended by section 38-f-2 of subpart A of part C of chapter 62
17 of the laws of 2011 and paragraph (d) of subdivision 3 as amended by
18 chapter 413 of the laws of 1984, are amended to read as follows:
19 (a) At least one month prior to the expiration of the minimum period
20 or periods of imprisonment fixed by the court or board, a member or
21 members as determined by the rules of the board shall personally inter-
22 view an [inmate] incarcerated individual serving an indeterminate
23 sentence and determine whether he or she should be paroled at the expi-
24 ration of the minimum period or periods in accordance with the proce-
25 dures adopted pursuant to subdivision four of section two hundred
26 fifty-nine-c of this article. If parole is not granted upon such review,
27 the [inmate] incarcerated individual shall be informed in writing within
28 two weeks of such appearance of the factors and reasons for such denial
29 of parole. Such reasons shall be given in detail and not in conclusory
30 terms. The board shall specify a date not more than twenty-four months
31 from such determination for reconsideration, and the procedures to be
32 followed upon reconsideration shall be the same. If the [inmate] incar-
33 cerated individual is released, he or she shall be given a copy of the
34 conditions of parole. Such conditions shall where appropriate, include a
35 requirement that the parolee comply with any restitution order and
36 mandatory surcharge previously imposed by a court of competent jurisdic-
37 tion that applies to the parolee. The conditions shall indicate which
38 restitution collection agency established under subdivision eight of
39 section 420.10 of the criminal procedure law, shall be responsible for
40 collection of restitution and mandatory surcharge as provided for in
41 section 60.35 of the penal law and section eighteen hundred nine of the
42 vehicle and traffic law.
43 (d) If a finding of probable cause is made pursuant to this subdivi-
44 sion either by determination at a preliminary hearing or by the waiver
45 thereof, or if the releasee has been convicted of a new crime while
46 under his present parole or conditional release supervision, the board's
47 rules shall provide for (i) declaring such person to be delinquent as
48 soon as practicable and shall require reasonable and appropriate action
49 to make a final determination with respect to the alleged violation or
50 (ii) ordering such person to be restored to parole supervision under
51 such circumstances as it may deem appropriate or (iii) when a parolee or
52 conditional releasee has been convicted of a new felony committed while
53 under his or her present parole or conditional release supervision and a
54 new indeterminate sentence has been imposed, the board's rules shall
55 provide for a final declaration of delinquency. The [inmate] incarcerat-
56 ed individual shall then be notified in writing that his or her release
S. 3332 10
1 has been revoked on the basis of the new conviction and a copy of the
2 commitment shall accompany said notification. The [inmate's] incarcerat-
3 ed individual's next appearance before the board shall be governed by
4 the legal requirements of said new indeterminate sentence, or shall
5 occur as soon after a final reversal of the conviction as is practica-
6 ble.
7 § 12. Subdivision 3 of section 259-k of the executive law, as amended
8 by section 38-i of subpart A of part C of chapter 62 of the laws of
9 2011, is amended to read as follows:
10 3. Members of the board and officers and employees of the department
11 providing community supervision services and designated by the commis-
12 sioner shall have free access to all [inmates] incarcerated individuals
13 confined in institutions under the jurisdiction of the department, the
14 office of children and family services and the department of mental
15 hygiene in order to enable them to perform their functions, provided,
16 however, that the department of mental hygiene may temporarily restrict
17 such access where it determines, for significant clinical reasons, that
18 such access would interfere with its care and treatment of the mentally
19 ill [inmate] incarcerated individual. If under the provisions of this
20 subdivision an [inmate] incarcerated individual is not accessible for
21 release consideration by the board, that [inmate] incarcerated individ-
22 ual shall be scheduled to see the board in the month immediately subse-
23 quent to the month within which he or she was not available.
24 § 13. Subdivision 1 of section 259-l of the executive law, as amended
25 by chapter 26 of the laws of 2018, is amended to read as follows:
26 1. It shall be the duty of the commissioner of corrections and commu-
27 nity supervision to ensure that all officers and employees of the
28 department shall at all times cooperate with the board of parole and
29 shall furnish to such members of the board and employees of the board
30 such information as may be appropriate to enable them to perform their
31 independent decision making functions. It is also his or her duty to
32 ensure that the functions of the board of parole are not hampered in any
33 way, including but not limited to: a restriction of resources including
34 staff assistance; limited access to vital information; and presentation
35 of [inmate] an incarcerated individual's information in a manner that
36 may inappropriately influence the board in its decision making. Where an
37 [inmate] incarcerated individual has appeared before the board prior to
38 having completed any program assigned by the department, and such
39 program remains incomplete by no fault of the [inmate] incarcerated
40 individual, and where the board has denied such [inmate] incarcerated
41 individual release pursuant to paragraph (a) of subdivision two of
42 section two hundred fifty-nine-i of this article, the department shall
43 prioritize such [inmate's] an incarcerated individual's placement into
44 the assigned program.
45 § 14. The section heading, subdivisions 1 and 2, paragraph (b) of
46 subdivision 4 and subdivisions 5, 9, 10 and 11 of section 259-r of the
47 executive law, the section heading, subdivisions 1 and 2, paragraph (b)
48 of subdivision 4, and subdivisions 5 and 9 as amended by section 38-l of
49 subpart A of part C of chapter 62 of the laws of 2011 and subdivisions
50 10 and 11 as added by section 1 of part A of chapter 55 of the laws of
51 2015, are amended to read as follows:
52 Release on medical parole for terminally ill [inmates] incarcerated
53 individuals. 1. (a) The board shall have the power to release on medical
54 parole any [inmate] incarcerated individual serving an indeterminate or
55 determinate sentence of imprisonment who, pursuant to subdivision two of
56 this section, has been certified to be suffering from a terminal condi-
S. 3332 11
1 tion, disease or syndrome and to be so debilitated or incapacitated as
2 to create a reasonable probability that he or she is physically or
3 cognitively incapable of presenting any danger to society, provided,
4 however, that no [inmate] incarcerated individual serving a sentence
5 imposed upon a conviction for murder in the first degree or an attempt
6 or conspiracy to commit murder in the first degree shall be eligible for
7 such release, and provided further that no [inmate] incarcerated indi-
8 vidual serving a sentence imposed upon a conviction for any of the
9 following offenses shall be eligible for such release unless in the case
10 of an indeterminate sentence he or she has served at least one-half of
11 the minimum period of the sentence and in the case of a determinate
12 sentence he or she has served at least one-half of the term of his or
13 her determinate sentence: murder in the second degree, manslaughter in
14 the first degree, any offense defined in article one hundred thirty of
15 the penal law or an attempt to commit any of these offenses. Solely for
16 the purpose of determining medical parole eligibility pursuant to this
17 section, such one-half of the minimum period of the indeterminate
18 sentence and one-half of the term of the determinate sentence shall not
19 be credited with any time served under the jurisdiction of the depart-
20 ment prior to the commencement of such sentence pursuant to the opening
21 paragraph of subdivision one of section 70.30 of the penal law or subdi-
22 vision two-a of section 70.30 of the penal law, except to the extent
23 authorized by subdivision three of section 70.30 of the penal law.
24 (b) Such release shall be granted only after the board considers
25 whether, in light of the [inmate's] incarcerated individual's medical
26 condition, there is a reasonable probability that the [inmate] incarcer-
27 ated individual, if released, will live and remain at liberty without
28 violating the law, and that such release is not incompatible with the
29 welfare of society and will not so deprecate the seriousness of the
30 crime as to undermine respect for the law, and shall be subject to the
31 limits and conditions specified in subdivision four of this section.
32 Except as set forth in paragraph (a) of this subdivision, such release
33 may be granted at any time during the term of an [inmate's] incarcerated
34 individual's sentence, notwithstanding any other provision of law.
35 (c) The board shall afford notice to the sentencing court, the
36 district attorney and the attorney for the [inmate] incarcerated indi-
37 vidual that the [inmate] incarcerated individual is being considered for
38 release pursuant to this section and the parties receiving notice shall
39 have fifteen days to comment on the release of the [inmate] incarcerated
40 individual. Release on medical parole shall not be granted until the
41 expiration of the comment period provided for in this paragraph.
42 2. (a) The commissioner, on the commissioner's own initiative or at
43 the request of an [inmate] incarcerated individual, or an [inmate's]
44 incarcerated individual's spouse, relative or attorney, may, in the
45 exercise of the commissioner's discretion, direct that an investigation
46 be undertaken to determine whether a diagnosis should be made of an
47 [inmate] incarcerated individual who appears to be suffering from a
48 terminal condition, disease or syndrome. Any such medical diagnosis
49 shall be made by a physician licensed to practice medicine in this state
50 pursuant to section sixty-five hundred twenty-four of the education law.
51 Such physician shall either be employed by the department, shall render
52 professional services at the request of the department, or shall be
53 employed by a hospital or medical facility used by the department for
54 the medical treatment of [inmates] incarcerated individuals. The diagno-
55 sis shall be reported to the commissioner and shall include but shall
56 not be limited to a description of the terminal condition, disease or
S. 3332 12
1 syndrome suffered by the [inmate] incarcerated individual, a prognosis
2 concerning the likelihood that the [inmate] incarcerated individual will
3 not recover from such terminal condition, disease or syndrome, a
4 description of the [inmate's] incarcerated individual's physical or
5 cognitive incapacity which shall include a prediction respecting the
6 likely duration of the incapacity, and a statement by the physician of
7 whether the [inmate] incarcerated individual is so debilitated or inca-
8 pacitated as to be severely restricted in his or her ability to self-am-
9 bulate or to perform significant normal activities of daily living. This
10 report also shall include a recommendation of the type and level of
11 services and treatment the [inmate] incarcerated individual would
12 require if granted medical parole and a recommendation for the types of
13 settings in which the services and treatment should be given.
14 (b) The commissioner, or the commissioner's designee, shall review the
15 diagnosis and may certify that the [inmate] incarcerated individual is
16 suffering from such terminal condition, disease or syndrome and that the
17 [inmate] incarcerated individual is so debilitated or incapacitated as
18 to create a reasonable probability that he or she is physically or
19 cognitively incapable of presenting any danger to society. If the
20 commissioner does not so certify then the [inmate] incarcerated individ-
21 ual shall not be referred to the board for consideration for release on
22 medical parole. If the commissioner does so certify, then the commis-
23 sioner shall, within seven working days of receipt of such diagnosis,
24 refer the [inmate] incarcerated individual to the board for consider-
25 ation for release on medical parole. However, no such referral of an
26 [inmate] incarcerated individual to the board shall be made unless the
27 [inmate] incarcerated individual has been examined by a physician and
28 diagnosed as having a terminal condition, disease or syndrome as previ-
29 ously described herein at some time subsequent to such [inmate's] incar-
30 cerated individual's admission to a facility operated by the department
31 of correctional services.
32 (c) When the commissioner refers an [inmate] incarcerated individual
33 to the board, the commissioner shall provide an appropriate medical
34 discharge plan established by the department. The department is author-
35 ized to request assistance from the department of health and from the
36 county in which the [inmate] incarcerated individual resided and commit-
37 ted his or her crime, which shall provide assistance with respect to the
38 development and implementation of a discharge plan, including potential
39 placements of a releasee. The department and the department of health
40 shall jointly develop standards for the medical discharge plan that are
41 appropriately adapted to the criminal justice setting, based on stand-
42 ards established by the department of health for hospital medical
43 discharge planning. The board may postpone its decision pending
44 completion of an adequate discharge plan, or may deny release based on
45 inadequacy of the discharge plan.
46 (b) The board shall require as a condition of release on medical
47 parole that the releasee agree to remain under the care of a physician
48 while on medical parole and in a hospital established pursuant to arti-
49 cle twenty-eight of the public health law, a hospice established pursu-
50 ant to article forty of the public health law or any other placement
51 that can provide appropriate medical care as specified in the medical
52 discharge plan required by subdivision two of this section. The medical
53 discharge plan shall state that the availability of the placement has
54 been confirmed, and by whom. Notwithstanding any other provision of law,
55 when an [inmate] incarcerated individual who qualifies for release under
56 this section is cognitively incapable of signing the requisite documen-
S. 3332 13
1 tation to effectuate the medical discharge plan and, after a diligent
2 search no person has been identified who could otherwise be appointed as
3 the [inmate's] incarcerated individual's guardian by a court of compe-
4 tent jurisdiction, then, solely for the purpose of implementing the
5 medical discharge plan, the facility health services director at the
6 facility where the [inmate] incarcerated individual is currently incar-
7 cerated shall be lawfully empowered to act as the [inmate's] incarcerat-
8 ed individual's guardian for the purpose of effectuating the medical
9 discharge.
10 5. A denial of release on medical parole or expiration of medical
11 parole in accordance with the provisions of paragraph (f) of subdivision
12 four of this section shall not preclude the [inmate] incarcerated indi-
13 vidual from reapplying for medical parole or otherwise affect an
14 [inmate's] incarcerated individual's eligibility for any other form of
15 release provided for by law.
16 9. The chairman shall report annually to the governor, the temporary
17 president of the senate and the speaker of the assembly, the chair-
18 persons of the assembly and senate codes committees, the chairperson of
19 the senate crime and corrections committee, and the chairperson of the
20 assembly corrections committee the number of [inmates] incarcerated
21 individuals who have applied for medical parole; the number who have
22 been granted medical parole; the nature of the illness of the appli-
23 cants, the counties to which they have been released and the nature of
24 the placement pursuant to the medical discharge plan; the categories of
25 reasons for denial for those who have been denied; the number of releas-
26 ees who have been granted an additional period or periods of medical
27 parole and the number of such grants; the number of releasees on medical
28 parole who have been returned to imprisonment in the custody of the
29 department and the reasons for return.
30 10. Notwithstanding any other provision of law, in the case of an
31 [inmate] incarcerated individual whose terminal condition, disease or
32 syndrome meets the criteria for medical parole as set forth in paragraph
33 (a) of subdivision one of this section, and who is not serving a
34 sentence for one or more offenses set forth in paragraph (i) of subdivi-
35 sion one of section eight hundred six of the correction law which would
36 render such [inmate] incarcerated individual ineligible for presumptive
37 release, the granting of medical parole shall be determined by the
38 commissioner provided that a release of such [inmate] incarcerated indi-
39 vidual shall be in accordance with subdivision eleven of this section.
40 In such case, the provisions that would have applied to and the proce-
41 dures that would have been followed by the board of parole pursuant to
42 this section shall apply to and be followed by the commissioner.
43 11. (a) After the commissioner has made a determination to grant
44 medical parole pursuant to subdivision ten of this section, the commis-
45 sioner shall notify the chairperson of the board of parole, or their
46 designee who shall be a member of the board of parole, and provide him
47 or her with all relevant records, files, information and documentation,
48 which includes but is not limited to the criminal history, medical diag-
49 nosis and treatment pertaining to the terminally ill [inmate] incarcer-
50 ated individual no more than five days from the date of the determi-
51 nation. (b) The chairperson or his or her designee shall either accept
52 the commissioner's grant of medical parole, in which case the [inmate]
53 incarcerated individual may be released by the commissioner, or conduct
54 further review. This decision or review shall be made within five days
55 of the receipt of the relevant records, files, information and documen-
56 tation from the commissioner. The chairperson's further review may
S. 3332 14
1 include, but not be limited to, an appearance by the terminally ill
2 [inmate] incarcerated individual before the chairperson or his or her
3 designee. (c) After this further review, the chairperson shall either
4 accept the commissioner's grant of medical parole, in which case the
5 [inmate] incarcerated individual may be released by the commissioner, or
6 the chairperson shall schedule an appearance for the terminally ill
7 [inmate] incarcerated individual before the board of parole.
8 In the event the terminally ill [inmate] incarcerated individual is
9 scheduled to make an appearance before the board of parole pursuant to
10 this subdivision, the matter shall be heard by a panel that does not
11 include the chairperson or any member of the board of parole who was
12 involved in the review of the commissioner's determination.
13 § 14-a. Paragraph (a) of subdivision 1 of section 259-r of the execu-
14 tive law, as amended by section 38-l-1 of subpart A of part C of chapter
15 62 of the laws of 2011, is amended to read as follows:
16 (a) The board shall have the power to release on medical parole any
17 [inmate] incarcerated individual serving an indeterminate or determinate
18 sentence of imprisonment who, pursuant to subdivision two of this
19 section, has been certified to be suffering from a terminal condition,
20 disease or syndrome and to be so debilitated or incapacitated as to
21 create a reasonable probability that he or she is physically or cogni-
22 tively incapable of presenting any danger to society, provided, however,
23 that no [inmate] incarcerated individual serving a sentence imposed upon
24 a conviction for murder in the first degree or an attempt or conspiracy
25 to commit murder in the first degree shall be eligible for such release,
26 and provided further that no [inmate] incarcerated individual serving a
27 sentence imposed upon a conviction for any of the following offenses
28 shall be eligible for such release unless in the case of an indetermi-
29 nate sentence he or she has served at least one-half of the minimum
30 period of the sentence and in the case of a determinate sentence he or
31 she has served at least one-half of the term of his or her determinate
32 sentence: murder in the second degree, manslaughter in the first
33 degree, any offense defined in article one hundred thirty of the penal
34 law or an attempt to commit any of these offenses. Solely for the
35 purpose of determining medical parole eligibility pursuant to this
36 section, such one-half of the minimum period of the indeterminate
37 sentence and one-half of the term of the determinate sentence shall not
38 be credited with any time served under the jurisdiction of the depart-
39 ment prior to the commencement of such sentence pursuant to the opening
40 paragraph of subdivision one of section 70.30 of the penal law or subdi-
41 vision two-a of section 70.30 of the penal law, except to the extent
42 authorized by subdivision three of section 70.30 of the penal law.
43 § 15. Section 259-s of the executive law, as amended by section 38-m
44 of subpart A of part C of chapter 62 of the laws of 2011, is amended to
45 read as follows:
46 § 259-s. Release on medical parole for [inmates] incarcerated individ-
47 uals suffering significant debilitating illnesses. 1. (a) The board
48 shall have the power to release on medical parole any [inmate] incarcer-
49 ated individual serving an indeterminate or determinate sentence of
50 imprisonment who, pursuant to subdivision two of this section, has been
51 certified to be suffering from a significant and permanent non-terminal
52 condition, disease or syndrome that has rendered the [inmate] incarcer-
53 ated individual so physically or cognitively debilitated or incapaci-
54 tated as to create a reasonable probability that he or she does not
55 present any danger to society, provided, however, that no [inmate]
56 incarcerated individual serving a sentence imposed upon a conviction for
S. 3332 15
1 murder in the first degree or an attempt or conspiracy to commit murder
2 in the first degree shall be eligible for such release, and provided
3 further that no [inmate] incarcerated individual serving a sentence
4 imposed upon a conviction for any of the following offenses shall be
5 eligible for such release unless in the case of an indeterminate
6 sentence he or she has served at least one-half of the minimum period of
7 the sentence and in the case of a determinate sentence he or she has
8 served at least one-half of the term of his or her determinate sentence:
9 murder in the second degree, manslaughter in the first degree, any
10 offense defined in article one hundred thirty of the penal law or an
11 attempt to commit any of these offenses. Solely for the purpose of
12 determining medical parole eligibility pursuant to this section, such
13 one-half of the minimum period of the indeterminate sentence and one-
14 half of the term of the determinate sentence shall not be credited with
15 any time served under the jurisdiction of the department prior to the
16 commencement of such sentence pursuant to the opening paragraph of
17 subdivision one of section 70.30 of the penal law or subdivision two-a
18 of section 70.30 of the penal law, except to the extent authorized by
19 subdivision three of section 70.30 of the penal law.
20 (b) Such release shall be granted only after the board considers
21 whether, in light of the [inmate's] incarcerated individual's medical
22 condition, there is a reasonable probability that the [inmate] incarcer-
23 ated individual, if released, will live and remain at liberty without
24 violating the law, and that such release is not incompatible with the
25 welfare of society and will not so deprecate the seriousness of the
26 crime as to undermine respect for the law, and shall be subject to the
27 limits and conditions specified in subdivision four of this section. In
28 making this determination, the board shall consider: (i) the nature and
29 seriousness of the [inmate's] incarcerated individual's crime; (ii) the
30 [inmate's] incarcerated individual's prior criminal record; (iii) the
31 [inmate's] incarcerated individual's disciplinary, behavioral and reha-
32 bilitative record during the term of his or her incarceration; (iv) the
33 amount of time the [inmate] incarcerated individual must serve before
34 becoming eligible for release pursuant to section two hundred fifty-
35 nine-i of this article; (v) the current age of the [inmate] incarcerated
36 individual and his or her age at the time of the crime; (vi) the recom-
37 mendations of the sentencing court, the district attorney and the victim
38 or the victim's representative; (vii) the nature of the [inmate's]
39 incarcerated individual's medical condition, disease or syndrome and the
40 extent of medical treatment or care that the [inmate] incarcerated indi-
41 vidual will require as a result of that condition, disease or syndrome;
42 and (viii) any other relevant factor. Except as set forth in paragraph
43 (a) of this subdivision, such release may be granted at any time during
44 the term of an [inmate's] incarcerated individual's sentence, notwith-
45 standing any other provision of law.
46 (c) The board shall afford notice to the sentencing court, the
47 district attorney, the attorney for the [inmate] incarcerated individual
48 and, where necessary pursuant to subdivision two of section two hundred
49 fifty-nine-i of this article, the crime victim, that the [inmate] incar-
50 cerated individual is being considered for release pursuant to this
51 section and the parties receiving notice shall have thirty days to
52 comment on the release of the [inmate] incarcerated individual. Release
53 on medical parole shall not be granted until the expiration of the
54 comment period provided for in this paragraph.
55 2. (a) The commissioner, on the commissioner's own initiative or at
56 the request of an [inmate] incarcerated individual, or an [inmate's]
S. 3332 16
1 incarcerated individual's spouse, relative or attorney, may, in the
2 exercise of the commissioner's discretion, direct that an investigation
3 be undertaken to determine whether a diagnosis should be made of an
4 [inmate] incarcerated individual who appears to be suffering from a
5 significant and permanent non-terminal and incapacitating condition,
6 disease or syndrome. Any such medical diagnosis shall be made by a
7 physician licensed to practice medicine in this state pursuant to
8 section sixty-five hundred twenty-four of the education law. Such physi-
9 cian shall either be employed by the department, shall render profes-
10 sional services at the request of the department, or shall be employed
11 by a hospital or medical facility used by the department for the medical
12 treatment of [inmates] incarcerated individuals. The diagnosis shall be
13 reported to the commissioner and shall include but shall not be limited
14 to a description of the condition, disease or syndrome suffered by the
15 [inmate] incarcerated individual, a prognosis concerning the likelihood
16 that the [inmate] incarcerated individual will not recover from such
17 condition, disease or syndrome, a description of the [inmate's] incar-
18 cerated individual's physical or cognitive incapacity which shall
19 include a prediction respecting the likely duration of the incapacity,
20 and a statement by the physician of whether the [inmate] incarcerated
21 individual is so debilitated or incapacitated as to be severely
22 restricted in his or her ability to self-ambulate or to perform signif-
23 icant normal activities of daily living. This report also shall include
24 a recommendation of the type and level of services and treatment the
25 [inmate] incarcerated individual would require if granted medical parole
26 and a recommendation for the types of settings in which the services and
27 treatment should be given.
28 (b) The commissioner, or the commissioner's designee, shall review the
29 diagnosis and may certify that the [inmate] incarcerated individual is
30 suffering from such condition, disease or syndrome and that the [inmate]
31 incarcerated individual is so debilitated or incapacitated as to create
32 a reasonable probability that he or she is physically or cognitively
33 incapable of presenting any danger to society. If the commissioner does
34 not so certify then the [inmate] incarcerated individual shall not be
35 referred to the board for consideration for release on medical parole.
36 If the commissioner does so certify, then the commissioner shall, within
37 seven working days of receipt of such diagnosis, refer the [inmate]
38 incarcerated individual to the board for consideration for release on
39 medical parole. However, no such referral of an [inmate] incarcerated
40 individual to the board of parole shall be made unless the [inmate]
41 incarcerated individual has been examined by a physician and diagnosed
42 as having a condition, disease or syndrome as previously described here-
43 in at some time subsequent to such [inmate's] incarcerated individual's
44 admission to a facility operated by the department.
45 (c) When the commissioner refers an [inmate] incarcerated individual
46 to the board, the commissioner shall provide an appropriate medical
47 discharge plan established by the department. The department is author-
48 ized to request assistance from the department of health and from the
49 county in which the [inmate] incarcerated individual resided and commit-
50 ted his or her crime, which shall provide assistance with respect to the
51 development and implementation of a discharge plan, including potential
52 placements of a releasee. The department and the department of health
53 shall jointly develop standards for the medical discharge plan that are
54 appropriately adapted to the criminal justice setting, based on stand-
55 ards established by the department of health for hospital medical
56 discharge planning. The board may postpone its decision pending
S. 3332 17
1 completion of an adequate discharge plan, or may deny release based on
2 inadequacy of the discharge plan.
3 3. Any certification by the commissioner or the commissioner's desig-
4 nee pursuant to this section shall be deemed a judicial function and
5 shall not be reviewable if done in accordance with law.
6 4. (a) Medical parole granted pursuant to this section shall be for a
7 period of six months.
8 (b) The board shall require as a condition of release on medical
9 parole that the releasee agree to remain under the care of a physician
10 while on medical parole and in a hospital established pursuant to arti-
11 cle twenty-eight of the public health law, a hospice established pursu-
12 ant to article forty of the public health law or any other placement,
13 including a residence with family or others, that can provide appropri-
14 ate medical care as specified in the medical discharge plan required by
15 subdivision two of this section. The medical discharge plan shall state
16 that the availability of the placement has been confirmed, and by whom.
17 Notwithstanding any other provision of law, when an [inmate] incarcerat-
18 ed individual who qualifies for release under this section is cognitive-
19 ly incapable of signing the requisite documentation to effectuate the
20 medical discharge plan and, after a diligent search no person has been
21 identified who could otherwise be appointed as the [inmate's] incarcer-
22 ated individual's guardian by a court of competent jurisdiction, then,
23 solely for the purpose of implementing the medical discharge plan, the
24 facility health services director at the facility where the [inmate]
25 incarcerated individual is currently incarcerated shall be lawfully
26 empowered to act as the [inmate's] incarcerated individual's guardian
27 for the purpose of effectuating the medical discharge.
28 (c) Where appropriate, the board shall require as a condition of
29 release that medical parolees be supervised on intensive caseloads at
30 reduced supervision ratios.
31 (d) The board shall require as a condition of release on medical
32 parole that the releasee undergo periodic medical examinations and a
33 medical examination at least one month prior to the expiration of the
34 period of medical parole and, for the purposes of making a decision
35 pursuant to paragraph (e) of this subdivision, that the releasee provide
36 the board with a report, prepared by the treating physician, of the
37 results of such examination. Such report shall specifically state wheth-
38 er or not the parolee continues to suffer from a significant and perma-
39 nent non-terminal and debilitating condition, disease, or syndrome, and
40 to be so debilitated or incapacitated as to be severely restricted in
41 his or her ability to self-ambulate or to perform significant normal
42 activities of daily living.
43 (e) Prior to the expiration of the period of medical parole the board
44 shall review the medical examination report required by paragraph (d) of
45 this subdivision and may again grant medical parole pursuant to this
46 section; provided, however, that the provisions of paragraph (c) of
47 subdivision one and subdivision two of this section shall not apply.
48 (f) If the updated medical report presented to the board states that a
49 parolee released pursuant to this section is no longer so debilitated or
50 incapacitated as to create a reasonable probability that he or she is
51 physically or cognitively incapable of presenting any danger to society
52 or if the releasee fails to submit the updated medical report then the
53 board may not make a new grant of medical parole pursuant to paragraph
54 (e) of this subdivision. Where the board has not granted medical parole
55 pursuant to such paragraph (e) the board shall promptly conduct through
56 one of its members, or cause to be conducted by a hearing officer desig-
S. 3332 18
1 nated by the board, a hearing to determine whether the releasee is
2 suffering from a significant and permanent non-terminal and incapacitat-
3 ing condition, disease or syndrome and is so debilitated or incapaci-
4 tated as to create a reasonable probability that he or she is physically
5 or cognitively incapable of presenting any danger to society and does
6 not present a danger to society. If the board makes such a determination
7 then it may make a new grant of medical parole pursuant to the standards
8 of paragraph (b) of subdivision one of this section. At the hearing, the
9 releasee shall have the right to representation by counsel, including
10 the right, if the releasee is financially unable to retain counsel, to
11 have the appropriate court assign counsel in accordance with the county
12 or city plan for representation placed in operation pursuant to article
13 eighteen-B of the county law.
14 (g) The hearing and determination provided for by paragraph (f) of
15 this subdivision shall be concluded within the six month period of
16 medical parole. If the board does not renew the grant of medical parole,
17 it shall order that the releasee be returned immediately to the custody
18 of the department of correctional services.
19 (h) In addition to the procedures set forth in paragraph (f) of this
20 subdivision, medical parole may be revoked at any time upon any of the
21 grounds specified in paragraph (a) of subdivision three of section two
22 hundred fifty-nine-i of this article, and in accordance with the proce-
23 dures specified in subdivision three of section two hundred fifty-nine-i
24 of this article.
25 (i) A releasee who is on medical parole and who becomes eligible for
26 parole pursuant to the provisions of subdivision two of section two
27 hundred fifty-nine-i of this article shall be eligible for parole
28 consideration pursuant to such subdivision.
29 5. A denial of release on medical parole or expiration of medical
30 parole in accordance with the provisions of paragraph (f) of subdivision
31 four of this section shall not preclude the [inmate] incarcerated indi-
32 vidual from reapplying for medical parole or otherwise affect an
33 [inmate's] incarcerated individual's eligibility for any other form of
34 release provided for by law.
35 6. To the extent that any provision of this section requires disclo-
36 sure of medical information for the purpose of processing an application
37 or making a decision, regarding release on medical parole or renewal of
38 medical parole, or for the purpose of appropriately supervising a person
39 released on medical parole, and that such disclosure would otherwise be
40 prohibited by article twenty-seven-F of the public health law, the
41 provisions of this section shall be controlling.
42 7. The commissioner and the chair of the board shall be authorized to
43 promulgate rules and regulations for their respective agencies to imple-
44 ment the provisions of this section.
45 8. Any decision made by the board pursuant to this section may be
46 appealed pursuant to subdivision four of section two hundred
47 fifty-nine-i of this article.
48 9. The chair of the board shall report annually to the governor, the
49 temporary president of the senate and the speaker of the assembly, the
50 chairpersons of the assembly and senate codes committees, the chair-
51 person of the senate crime and corrections committee, and the chair-
52 person of the assembly corrections committee the number of [inmates]
53 incarcerated individuals who have applied for medical parole under this
54 section; the number who have been granted medical parole; the nature of
55 the illness of the applicants, the counties to which they have been
56 released and the nature of the placement pursuant to the medical
S. 3332 19
1 discharge plan; the categories of reasons for denial for those who have
2 been denied; the number of releasees who have been granted an additional
3 period or periods of medical parole and the number of such grants; the
4 number of releasees on medical parole who have been returned to impri-
5 sonment in the custody of the department and the reasons for return.
6 § 16. Paragraph b of subdivision 2 of section 265 of the executive
7 law, as amended by section 31 of part A of chapter 56 of the laws of
8 2010, is amended to read as follows:
9 b. Except as provided in section two hundred sixty-six of this arti-
10 cle, applications for such assistance must be made and submitted no
11 later than one hundred eighty days after the effective date of the chap-
12 ter of the laws of nineteen hundred eighty-eight which amended this
13 paragraph and added these words or by the first day of April of each
14 subsequent year and shall be either approved or denied by the office no
15 later than sixty days following such submission. Any part of the moneys
16 so made available and not apportioned pursuant to a plan approved and
17 contract entered into with the office within the time limits required
18 shall be apportioned by the office in its discretion to such a city or
19 counties on a need basis, taking into consideration [inmate] incarcerat-
20 ed individual population or prior commitment by a county in the develop-
21 ment of alternatives to detention or incarceration programs.
22 § 17. Subdivision 7 of section 508 of the executive law, as amended by
23 section 4 of part G of chapter 55 of the laws of 2020, is amended to
24 read as follows:
25 7. While in the custody of the office of children and family services,
26 an offender shall be subject to the rules and regulations of the office,
27 except that his or her parole, temporary release and discharge shall be
28 governed by the laws applicable to [inmates] incarcerated individuals of
29 state correctional facilities and his or her transfer to state hospitals
30 in the office of mental health shall be governed by section five hundred
31 nine of this [article] title; provided, however, that an otherwise
32 eligible offender may receive the six-month limited credit time allow-
33 ance for successful participation in one or more programs developed by
34 the office of children and family services that are comparable to the
35 programs set forth in section eight hundred three-b of the correction
36 law, taking into consideration the age of offenders. The commissioner of
37 the office of children and family services shall, however, establish and
38 operate temporary release programs at office of children and family
39 services facilities for eligible juvenile offenders and adolescent
40 offenders and contract with the department of corrections and community
41 supervision for the provision of parole supervision services for tempo-
42 rary releasees. The rules and regulations for these programs shall not
43 be inconsistent with the laws for temporary release applicable to
44 [inmates] incarcerated individuals of state correctional facilities. For
45 the purposes of temporary release programs for juvenile offenders and
46 adolescent offenders only, when referred to or defined in article twen-
47 ty-six of the correction law, "institution" shall mean any facility
48 designated by the commissioner of the office of children and family
49 services, "department" shall mean the office of children and family
50 services, ["inmate"] "incarcerated individual" shall mean a juvenile
51 offender or adolescent offender residing in an office of children and
52 family services facility, and "commissioner" shall mean the commissioner
53 of the office of children and family services. Time spent in office of
54 children and family services facilities and in juvenile detention facil-
55 ities shall be credited towards the sentence imposed in the same manner
S. 3332 20
1 and to the same extent applicable to [inmates] incarcerated individuals
2 of state correctional facilities.
3 § 18. Subdivision 24 of section 553 of the executive law, as added by
4 section 3 of part A of chapter 501 of the laws of 2012, is amended to
5 read as follows:
6 24. To monitor and make recommendations regarding the quality of care
7 provided to [inmates] incarcerated individuals with serious mental
8 illness, including those who are in a residential mental health treat-
9 ment unit or segregated confinement in facilities operated by the
10 department of corrections and community supervision, and oversee compli-
11 ance with paragraphs (d) and (e) of subdivision six of section one
12 hundred thirty-seven, and section four hundred one of the correction
13 law. Such responsibilities shall be carried out in accordance with
14 section four hundred one-a of the correction law;
15 § 19. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 1,
16 the opening paragraph of paragraph (b) and paragraph (c) of subdivision
17 2 and subdivision 3 of section 632-a of the executive law, subparagraphs
18 (i) and (ii) of paragraph (c) of subdivision 1 as amended by section 100
19 of subpart B of part C of chapter 62 of the laws of 2011, the opening
20 paragraph of paragraph (b) of subdivision 2 as amended by section 101 of
21 subpart B of part C of chapter 62 of the laws of 2011 and paragraph (c)
22 of subdivision 2 and subdivision 3 as amended by section 24 of part A-1
23 of chapter 56 of the laws of 2010, are amended to read as follows:
24 (i) is an [inmate] incarcerated individual serving a sentence with the
25 department of corrections and community supervision or a prisoner
26 confined at a local correctional facility or federal correctional insti-
27 tute, and includes funds that a superintendent, sheriff or municipal
28 official receives on behalf of an [inmate] incarcerated individual or
29 prisoner and deposits in an [inmate] incarcerated individual account to
30 the credit of the [inmate] incarcerated individual pursuant to section
31 one hundred sixteen of the correction law or deposits in a prisoner
32 account to the credit of the prisoner pursuant to section five hundred-c
33 of the correction law; or
34 (ii) is not an [inmate] incarcerated individual or prisoner but who is
35 serving a sentence of probation or conditional discharge or is presently
36 subject to an undischarged indeterminate, determinate or definite term
37 of imprisonment or period of post-release supervision or term of super-
38 vised release, but shall include earned income earned during a period in
39 which such person was not in compliance with the conditions of his or
40 her probation, parole, conditional release, period of post-release
41 supervision by the department of corrections and community supervision
42 or term of supervised release with the United States probation office or
43 United States parole commission. For purposes of this subparagraph, such
44 period of non-compliance shall be measured, as applicable, from the
45 earliest date of delinquency determined by the department of corrections
46 and community supervision, or from the earliest date on which a declara-
47 tion of delinquency is filed pursuant to section 410.30 of the criminal
48 procedure law and thereafter sustained, or from the earliest date of
49 delinquency determined in accordance with applicable federal law, rules
50 or regulations, and shall continue until a final determination sustain-
51 ing the violation has been made by the trial court, the department of
52 corrections and community supervision, or appropriate federal authority;
53 or
54 Notwithstanding subparagraph (ii) of paragraph (a) of this subdivi-
55 sion, whenever the payment or obligation to pay involves funds of a
56 convicted person that a superintendent, sheriff or municipal official
S. 3332 21
1 receives or will receive on behalf of an [inmate] incarcerated individ-
2 ual serving a sentence with the department of corrections and community
3 supervision or prisoner confined at a local correctional facility and
4 deposits or will deposit in an [inmate] incarcerated individual account
5 to the credit of the [inmate] incarcerated individual or in a prisoner
6 account to the credit of the prisoner, and the value, combined value or
7 aggregate value of such funds exceeds or will exceed ten thousand
8 dollars, the superintendent, sheriff or municipal official shall also
9 give written notice to the office.
10 (c) The office, upon receipt of notice of a contract, an agreement to
11 pay or payment of profits from a crime or funds of a convicted person
12 pursuant to paragraph (a) or (b) of this subdivision, or upon receipt of
13 notice of funds of a convicted person from the superintendent, sheriff
14 or municipal official of the facility where the [inmate] incarcerated
15 individual or prisoner is confined pursuant to section one hundred
16 sixteen or five hundred-c of the correction law, shall notify all known
17 crime victims of the existence of such profits or funds at their last
18 known address.
19 3. Notwithstanding any inconsistent provision of the estates, powers
20 and trusts law or the civil practice law and rules with respect to the
21 timely bringing of an action, any crime victim shall have the right to
22 bring a civil action in a court of competent jurisdiction to recover
23 money damages from a person convicted of a crime of which the crime
24 victim is a victim, or the representative of that convicted person,
25 within three years of the discovery of any profits from a crime or funds
26 of a convicted person, as those terms are defined in this section.
27 Notwithstanding any other provision of law to the contrary, a judgment
28 obtained pursuant to this section shall not be subject to execution or
29 enforcement against the first one thousand dollars deposited in an
30 [inmate] incarcerated individual account to the credit of the [inmate]
31 incarcerated individual pursuant to section one hundred sixteen of the
32 correction law or in a prisoner account to the credit of the prisoner
33 pursuant to section five hundred-c of the correction law. In addition,
34 where the civil action involves funds of a convicted person and such
35 funds were recovered by the convicted person pursuant to a judgment
36 obtained in a civil action, a judgment obtained pursuant to this section
37 may not be subject to execution or enforcement against a portion thereof
38 in accordance with subdivision (k) of section fifty-two hundred five of
39 the civil practice law and rules. If an action is filed pursuant to this
40 subdivision after the expiration of all other applicable statutes of
41 limitation, any other crime victims must file any action for damages as
42 a result of the crime within three years of the actual discovery of such
43 profits or funds, or within three years of actual notice received from
44 or notice published by the office of such discovery, whichever is later.
45 § 20. Paragraphs (a), (b) and (c) of subdivision 1 of section 747 of
46 the executive law, as added by chapter 669 of the laws of 1977, is
47 amended to read as follows:
48 (a) To visit and inspect, or cause members of its staff to visit and
49 inspect, at such times as the board may consider to be necessary or
50 appropriate to help insure adequate supervision, public and private
51 facilities or agencies, whether state, county, municipal, incorporated
52 or not incorporated which are in receipt of public funds and which are
53 of a charitable, eleemosynary, correctional or reformatory character,
54 including all reformatories for juveniles and facilities or agencies
55 exercising custody of dependent, neglected, abused, maltreated, aban-
56 doned or delinquent children or persons in need of supervision, agencies
S. 3332 22
1 engaged in the placing out or boarding out of children as defined in
2 section three hundred seventy-one of the social services law, or in
3 operating homes for unmarried mothers or special care homes, and facili-
4 ties providing residential care for convalescent, invalid, aged, or
5 indigent persons, but excepting state institutions for the education and
6 support of the blind, the deaf and the dumb, and excepting also such
7 institutions as are subject to the visitation and inspection of the
8 state department of mental hygiene or the state commission of
9 correction. As to institutions, whether incorporated or not incorpo-
10 rated, having [inmates] incarcerated individuals, but not in receipt of
11 public funds, which are of a charitable, eleemosynary, correctional or
12 reformatory character, and agencies, whether incorporated or not incor-
13 porated, not in receipt of public funds, which exercise custody of aban-
14 doned, destitute, dependent, neglected, abused, maltreated or delinquent
15 children or persons in need of supervision, the board shall make
16 inspections, or cause inspections to be made by members of its staff,
17 but solely as to matters directly affecting the health, safety, treat-
18 ment and training of their [inmates] incarcerated individuals, or of the
19 children under their custody. Visiting and inspecting as herein author-
20 ized shall not be exclusive of other visiting and inspecting now or
21 hereafter authorized by law.
22 (b) To have full access to the grounds, buildings, records, documents,
23 books and papers relating to any facility or agency subject to being
24 visited and inspected by the board, including all case records of
25 [inmates] incarcerated individuals and children under their custody and
26 all financial records.
27 (c) Upon visiting or inspecting any facility or agency under this
28 article, inquiry may be made to ascertain the quality of supervision
29 exercised by state and local agencies responsible for supervising such
30 facilities and agencies, and the quality of program and operating stand-
31 ards established by such state and local agencies, and to ascertain the
32 adequacy of such state and local agency supervision to determine the
33 following:
34 (i) whether the objects of the facility or agency are being accom-
35 plished;
36 (ii) whether the applicable laws, rules and regulations governing its
37 operation are fully complied with;
38 (iii) its methods of and equipment for vocational and scholastic
39 education, and whether the same are best suited to the needs of its
40 [inmates] incarcerated individuals or children under their custody;
41 (iv) its methods of administration; and of providing care, medical
42 attention, treatment and discipline of its residents and beneficiaries,
43 and whether the same are best adapted to the needs of the residents and
44 beneficiaries;
45 (v) the qualifications and general conduct of its officers and employ-
46 ees;
47 (vi) the condition of its grounds, buildings and other property;
48 (vii) the sources of public moneys received by any institution in
49 receipt of public funds and the management and condition of its finances
50 generally; and
51 (viii) any other matter connected with or pertaining to its usefulness
52 and good management or to the interest of its residents or benefici-
53 aries.
54 § 21. Section 750 of the executive law, as added by chapter 110 of the
55 laws of 1971 and as renumbered by chapter 669 of the laws of 1977, is
56 amended to read as follows:
S. 3332 23
1 § 750. Duties of the attorney general and district attorneys. If, in
2 the opinion of the board, any matter in regard to the management or
3 affairs of any such institution, society or association, or any [inmate]
4 incarcerated individual or person in any way connected therewith,
5 require legal investigation or action of any kind, notice thereof may be
6 given by the board, to the attorney general, and he shall thereupon make
7 inquiry and take such proceedings in the premises as he may deem neces-
8 sary and proper. The attorney general and every district attorney shall,
9 when so required, furnish such legal assistance, counsel or advice as
10 the board may require in the discharge of its duties.
11 § 22. Subdivision 6-a of section 837 of the executive law, as added by
12 section 4 of part OO of chapter 56 of the laws of 2010, is amended to
13 read as follows:
14 6-a. Upon request, provide an [inmate] incarcerated individual of the
15 state or local correctional facility, at no charge, with a copy of all
16 criminal history information maintained on file by the division pertain-
17 ing to such [inmate] incarcerated individual.
18 § 23. Paragraph (c) of subdivision 6 of section 95 of the public offi-
19 cers law, as added by chapter 652 of the laws of 1983, is amended to
20 read as follows:
21 (c) personal information pertaining to the incarceration of an
22 [inmate] incarcerated individual at a state correctional facility which
23 is evaluative in nature or which, if such access was provided, could
24 endanger the life or safety of any person, unless such access is other-
25 wise permitted by law or by court order;
26 § 24. Paragraph (c) of subdivision 2 of section 96 of the public offi-
27 cers law, as added by chapter 652 of the laws of 1983, is amended to
28 read as follows:
29 (c) personal information pertaining to the incarceration of an
30 [inmate] incarcerated individual at a state correctional facility which
31 is evaluative in nature or which, if disclosed, could endanger the life
32 or safety of any person, unless such disclosure is otherwise permitted
33 by law;
34 § 25. Subdivisions 12, 12-d and 12-g of section 8 of the state finance
35 law, subdivision 12 as amended by section 156 of subpart B of part C of
36 chapter 62 of the laws of 2011, subdivision 12-d as amended by chapter
37 165 of the laws of 2017 and subdivision 12-g as amended by section 157
38 of subpart B of part C of chapter 62 of the laws of 2011, are amended to
39 read as follows:
40 12. Notwithstanding any inconsistent provision of the court of claims
41 act, examine, audit and certify for payment any claim submitted and
42 approved by the head of any institution in the department of mental
43 hygiene, the department of corrections and community supervision, the
44 department of health or the office of children and family services for
45 personal property damaged or destroyed by any [inmate] incarcerated
46 individual thereof, or for personal property of an employee damaged or
47 destroyed without fault on his or her part, by a fire in said institu-
48 tion; or any claim submitted and approved by the head of any institution
49 in the department of mental hygiene or the office of children and family
50 services for real or personal property damaged or destroyed or for
51 personal injuries caused by any patient during thirty days from the date
52 of his or her escape from such institution; or any claim submitted and
53 approved by the commissioner of the department of corrections and commu-
54 nity supervision for personal property of an employee damaged or
55 destroyed without fault on his or her part as a result of actions unique
56 to the performance of his or her official duties in accordance with
S. 3332 24
1 rules and regulations promulgated by the commissioner of the department
2 of corrections and community supervision with the approval of the comp-
3 troller; or any claim submitted and approved by the chief administrator
4 of the courts for personal property of any judge or justice of the
5 unified court system or of any nonjudicial officer or employee thereof
6 damaged or destroyed, without fault on his or her part, by any party,
7 witness, juror or bystander to court proceedings, provided no such claim
8 may be certified for payment to a nonjudicial officer or employee who is
9 in a collective negotiating unit until the chief administrator shall
10 deliver to the comptroller a certificate that there is in effect with
11 respect to such negotiating unit a written collective bargaining agree-
12 ment with the state pursuant to article fourteen of the civil service
13 law which provides therefor; or any claim submitted and approved by the
14 superintendent of state police for personal property of a member of the
15 state police damaged or destroyed without fault on his or her part as a
16 result of actions unique to the performance of police duties in accord-
17 ance with rules and regulations promulgated by the superintendent with
18 the approval of the comptroller; or any claim submitted and approved by
19 the head of a state department or agency having employees in the securi-
20 ty services unit or the security supervisors unit for personal property
21 of a member of such units damaged or destroyed without fault on his or
22 her part as a result of actions unique to the performance of law
23 enforcement duties in accordance with rules and regulations promulgated
24 by the department or agency head, after consultation with the employee
25 organization representing such units and with the approval of the comp-
26 troller and payment of any such claim shall not exceed the sum of three
27 hundred fifty dollars. Where an agreement between the state and an
28 employee organization reached pursuant to the provisions of article
29 fourteen of the civil service law provides for payments to be made to
30 employees by an institution, such payments for claims not in excess of
31 seventy-five dollars, or one hundred fifty dollars if otherwise provided
32 in accordance with the terms of such agreement, may be made from a petty
33 cash account established pursuant to section one hundred fifteen of this
34 chapter, and in the manner prescribed therein.
35 12-d. Notwithstanding any inconsistent provision of the court of
36 claims act, examine, audit and certify for payment any claim submitted
37 and approved by the head of a state department or agency, other than a
38 department or agency specified in subdivision twelve of this section,
39 for personal property of an employee damaged or destroyed in the course
40 of the performance of official duties without fault on his or her part
41 by an [inmate] incarcerated individual, patient or client of such
42 department or agency after March thirty-first, two thousand sixteen and
43 prior to April first, two thousand twenty-one, provided no such claim
44 may be certified for payment to an officer or employee who is in a
45 collective negotiating unit until the director of employee relations
46 shall deliver to the comptroller a letter that there is in effect with
47 respect to such negotiating unit a written collectively negotiated
48 agreement with the state pursuant to article fourteen of the civil
49 service law which provides therefor. Payment of any such claim shall
50 not exceed the sum of three hundred dollars. No person submitting a
51 claim under this subdivision shall have any claim for damages to such
52 personal property approved pursuant to the provision of subdivision four
53 of section five hundred thirty of the labor law or any other applicable
54 provision of law.
55 12-g. Notwithstanding any other provision of the court of claims act
56 or any other law to the contrary, thirty days before the comptroller
S. 3332 25
1 issues a check for payment to an [inmate] incarcerated individual serv-
2 ing a sentence of imprisonment with the department of corrections and
3 community supervision or to a prisoner confined at a local correctional
4 facility for any reason, including a payment made in satisfaction of any
5 damage award in connection with any lawsuit brought by or on behalf of
6 such [inmate] incarcerated individual or prisoner against the state or
7 any of its employees in federal court or any other court, the comp-
8 troller shall give written notice, if required pursuant to subdivision
9 two of section six hundred thirty-two-a of the executive law, to the
10 office of victim services that such payment shall be made thirty days
11 after the date of such notice.
12 § 26. Subparagraph 4 of paragraph a of subdivision 1 of section 54 of
13 the state finance law, as amended by section 158 of subpart B of part C
14 of chapter 62 of the laws of 2011, is amended to read as follows:
15 (4) Population excludes the reservation and school Indian population
16 and [inmates] incarcerated individuals of institutions under the direc-
17 tion, supervision or control of the state department of corrections and
18 community supervision and the state department of mental hygiene and the
19 [inmates] incarcerated individuals of state institutions operated and
20 maintained by the office of children and family services.
21 § 27. Subdivision 3 of section 127 of the state finance law, as
22 amended by chapter 420 of the laws of 1968, is amended to read as
23 follows:
24 3. The work of construction, alteration, repair or improvement of
25 buildings or plant of any such state institution may be done by the
26 employment of [inmate] incarcerated individual or outside labor, either
27 or both, and by purchase of materials in the open market whenever, in
28 the opinion of the comptroller, the department having jurisdiction and
29 the commissioner of general services, or an authorized representative of
30 his department, such course shall be more advantageous to the state. No
31 compensation shall be allowed for the employment of [inmate] incarcerat-
32 ed individual labor except convict labor.
33 § 28. The closing paragraph of section 135 of the state finance law,
34 as amended by section 3 of part MM of chapter 57 of the laws of 2008, is
35 amended to read as follows:
36 Nothing in this section shall be construed to prevent the authorities
37 in charge of any state building, from performing any such branches of
38 work by or through their regular employees, or in the case of public
39 institutions, by the [inmates] incarcerated individuals thereof.
40 § 29. Subdivision (d) of section 484 of the tax law, as amended by
41 section 168 of subpart B of part C of chapter 62 of the laws of 2011, is
42 amended to read as follows:
43 (d) The provisions of this article shall not be applicable to any sale
44 as to which the tax imposed by section four hundred seventy-one of this
45 chapter is not applicable or to a sale to the department of corrections
46 and community supervision of this state for sale to or use by [inmates]
47 incarcerated individuals in institutions under the jurisdiction of such
48 department.
49 § 30. Subdivision (c) of section 1846 of the tax law, as amended by
50 chapter 556 of the laws of 2011, is amended to read as follows:
51 (c) In the alternative, the tax commission may dispose of any ciga-
52 rettes seized pursuant to this section, except those that violate, or
53 are suspected of violating, federal trademark laws or import laws, by
54 transferring them to the department of corrections and community super-
55 vision for sale to or use by [inmates] incarcerated individuals in such
56 institutions.
S. 3332 26
1 § 31. Subdivision (c) of section 1846-a of the tax law, as amended by
2 chapter 556 of the laws of 2011, is amended to read as follows:
3 (c) In the alternative, the commissioner may dispose of any tobacco
4 products seized pursuant to this section, except those that violate, or
5 are suspected of violating, federal trademark or import laws, by trans-
6 ferring them to the department of corrections and community supervision
7 for sale to or use by [inmates] incarcerated individuals in such insti-
8 tutions.
9 § 32. Subdivision 6 of section 16 of the workers' compensation law, as
10 amended by chapter 550 of the laws of 1978, is amended to read as
11 follows:
12 6. If there be a person entitled to death benefits under the
13 provisions of this section, who shall be under the age of eighteen
14 years, and who shall be an [inmate] incarcerated individual of any
15 institution and a public charge upon the department of social services
16 of the city of New York, or any other department or body, the benefits
17 allowed hereunder shall be payable to the said department of public
18 welfare of the city of New York or any other department or body to the
19 extent of the reasonable charges for the care and maintenance, during
20 the continuance as a public charge in said institution, of said benefi-
21 ciary and until the said person shall have attained the age of eighteen
22 years. Any sum or sums remaining after the said payment out of the bene-
23 fits shall be distributed as provided by the other subdivisions of this
24 section.
25 § 33. Paragraph d of subdivision 2 of section 133 of the labor law, as
26 amended by chapter 294 of the laws of 1967, is amended to read as
27 follows:
28 d. penal or correctional institutions, if such employment relates to
29 the custody or care of prisoners or [inmates] incarcerated individuals;
30 § 34. Subdivision 1 of section 168 of the labor law, as amended by
31 section 18 of part AA of chapter 56 of the laws of 2019, is amended to
32 read as follows:
33 1. This section shall apply to all persons employed by the state in
34 the ward, cottage, colony, kitchen and dining room, and guard service
35 personnel in any hospital, school, prison, reformatory or other institu-
36 tion within or subject to the jurisdiction, supervision, control or
37 visitation of the department of corrections and community supervision,
38 the department of health, the department of mental hygiene, the depart-
39 ment of social welfare or the division of veterans' services in the
40 executive department, and engaged in the performance of such duties as
41 nursing, guarding or attending the [inmates] incarcerated individuals,
42 patients, wards or other persons kept or housed in such institutions, or
43 in protecting and guarding the buildings and/or grounds thereof, or in
44 preparing or serving food therein.
45 § 35. Subdivision 1 of section 459 of the labor law, as amended by
46 section 10 of part CC of chapter 57 of the laws of 2009, is amended to
47 read as follows:
48 1. A license or certificate, or the renewal thereof may be denied
49 where the commissioner has probable reason to believe, based on know-
50 ledge or reliable information, or finds, after investigation, that the
51 applicant or any officer, servant, agent or employee of the applicant is
52 not sufficiently reliable and experienced to be authorized to own,
53 possess, store, transport, use, manufacture, deal in, sell, purchase or
54 otherwise handle, as the case may be, explosives, lacks suitable facili-
55 ties therefor, has been convicted of a felony, is disloyal or hostile to
56 the United States, has been confined as a patient or [inmate] incarcer-
S. 3332 27
1 ated individual in a public or private institution for the treatment of
2 mental diseases or has been convicted under section four hundred eight-
3 y-four of the general business law. Whenever the commissioner denies an
4 application for a license or certificate or the renewal thereof, within
5 five days of such denial, notice thereof and the reasons therefor shall
6 be provided in writing to the applicant. Such denial may be appealed to
7 the commissioner who shall follow the procedure provided by subdivision
8 four of this section.
9 § 36. Paragraph (e) of subdivision 2 of section 563 of the labor law,
10 as amended by chapter 413 of the laws of 1991, is amended to read as
11 follows:
12 (e) an [inmate] incarcerated individual of a custodial or penal insti-
13 tution;
14 § 37. Paragraph (g) of subdivision 2 of section 565 of the labor law,
15 as added by chapter 675 of the laws of 1977, is amended to read as
16 follows:
17 (g) an [inmate] incarcerated individual of a custodial or penal insti-
18 tution.
19 § 38. Subparagraph 4 of paragraph (e) of subdivision 1 of section 581
20 of the labor law, as amended by chapter 589 of the laws of 1998, is
21 amended to read as follows:
22 (4) An employer's account shall not be charged, and the charges shall
23 instead be made to the general account, for benefits paid to a claimant
24 based on base period employment while the claimant was an [inmate]
25 incarcerated individual of a correctional institution and enrolled in a
26 work release program, provided that the employment was terminated solely
27 because the [inmate] incarcerated individual was required to relocate to
28 another area as a condition of parole or the [inmate] incarcerated indi-
29 vidual voluntarily relocated to another area immediately upon being
30 released or paroled from such correctional institution.
31 § 39. Subdivision 2 of section 103 of the transportation law, as
32 amended by chapter 72 of the laws of 1976, is amended to read as
33 follows:
34 2. No common carrier subject to the provisions of this chapter shall,
35 directly or indirectly, issue or give any free ticket, free pass or free
36 transportation for passengers or property between points within this
37 state, except to its officers, employees, agents, surgeons, physicians,
38 attorneys-at-law, and their families; to ministers of religion, officers
39 and employees of railroad young men's christian associations, [inmates]
40 incarcerated individuals of hospitals, charitable and eleemosynary
41 institutions and persons exclusively engaged in charitable and eleemosy-
42 nary work; and to indigent, destitute and homeless persons and to such
43 persons when transported by charitable societies or hospitals, and the
44 necessary agents employed in such transportation; to [inmates] incarcer-
45 ated individuals of the national homes or state homes for disabled
46 volunteer soldiers and of soldiers' and sailors' homes, including those
47 about to enter and those returning home after discharge, and boards of
48 managers of such homes; to necessary caretakers of property in transit;
49 to employees of sleeping-car companies, express companies, telegraph and
50 telephone companies doing business along the line of the issuing carri-
51 er; to railway mail service employees, post-office inspectors, mail
52 carriers in uniform, customs inspectors and immigration inspectors; to
53 newspaper carriers on trains, baggage agents, witnesses attending any
54 legal investigation or proceeding in which the common carrier is inter-
55 ested, persons injured in accidents or wrecks and physicians and nurses
56 attending such persons; to the carriage free or at reduced rates of
S. 3332 28
1 persons or property for the United States, state or municipal govern-
2 ments, or of property to or from fairs and expositions for exhibit ther-
3 eat.
4 § 40. Paragraph (i) of subdivision 3 of section 503 of the vehicle and
5 traffic law, as amended by chapter 548 of the laws of 1986, is amended
6 to read as follows:
7 (i) is an [inmate] incarcerated individual in an institution under the
8 jurisdiction of a state department or agency, or
9 § 41. Subdivision 5 of section 1809 of the vehicle and traffic law, as
10 amended by chapter 385 of the laws of 1999, is amended to read as
11 follows:
12 5. When a person who is convicted of a crime or traffic infraction and
13 sentenced to a term of imprisonment has failed to pay the mandatory
14 surcharge or crime victim assistance fee required by this section, the
15 clerk of the court or the administrative tribunal that rendered the
16 conviction shall notify the superintendent or the municipal official of
17 the facility where the person is confined. The superintendent or the
18 municipal official shall cause any amount owing to be collected from
19 such person during his or her term of imprisonment from moneys to the
20 credit of an [inmates'] incarcerated individuals' fund or such moneys as
21 may be earned by a person in a work release program pursuant to section
22 eight hundred sixty of the correction law. Such moneys shall be paid
23 over to the state comptroller to the credit of the criminal justice
24 improvement account established by section ninety-seven-bb of the state
25 finance law, except that any such moneys collected which are surcharges
26 or crime victim assistance fees levied in relation to convictions
27 obtained in a town or village justice court shall be paid within thirty
28 days after the receipt thereof by the superintendent or municipal offi-
29 cial of the facility to the justice of the court in which the conviction
30 was obtained. For the purposes of collecting such mandatory surcharge or
31 crime victim assistance fee, the state shall be legally entitled to the
32 money to the credit of an [inmates'] incarcerated individuals' fund or
33 money which is earned by an [inmate] incarcerated individual in a work
34 release program. For purposes of this subdivision, the term "[inmates']
35 incarcerated individuals' fund" shall mean moneys in the possession of
36 an [inmate] incarcerated individual at the time of his admission into
37 such facility, funds earned by him or her as provided for in section one
38 hundred eighty-seven of the correction law and any other funds received
39 by him or her or on his or her behalf and deposited with such super-
40 intendent or municipal official.
41 § 42. Subdivision 3 of section 11-0707 of the environmental conserva-
42 tion law, as amended by section 20 of part AA of chapter 56 of the laws
43 of 2019, is amended to read as follows:
44 3. Any person who is a patient at any facility in this state main-
45 tained by the United States Veterans Health Administration or at any
46 hospital or sanitorium for treatment of tuberculosis maintained by the
47 state or any municipal corporation thereof or resident patient at any
48 institution of the department of Mental Hygiene, or resident patient at
49 the rehabilitation hospital of the department of Health, or at any rest
50 camp maintained by the state through the Division of Veterans' Services
51 in the Executive Department or any [inmate] incarcerated individual of a
52 conservation work camp within the youth rehabilitation facility of the
53 department of corrections and community supervision, or any [inmate]
54 incarcerated individual of a youth opportunity or youth rehabilitation
55 center within the Office of Children and Family Services, any resident
56 of a nursing home or residential health care facility as defined in
S. 3332 29
1 subdivisions two and three of section twenty-eight hundred one of the
2 public health law, or any staff member or volunteer accompanying or
3 assisting one or more residents of such nursing home or residential
4 health care facility on an outing authorized by the administrator of
5 such nursing home or residential health care facility may take fish as
6 if he or she held a fishing license, except that he or she may not take
7 bait fish by net or trap, if he or she has on his or her person an
8 authorization upon a form furnished by the department containing such
9 identifying information and data as may be required by it, and signed by
10 the superintendent or other head of such facility, institution, hospi-
11 tal, sanitarium, nursing home, residential health care facility or rest
12 camp, as the case may be, or by a staff physician thereat duly author-
13 ized so to do by the superintendent or other head thereof. Such authori-
14 zation with respect to [inmates] incarcerated individuals of said
15 conservation work camps shall be limited to areas under the care, custo-
16 dy and control of the department.
17 § 43. Subdivision 1 of section 10 of the public buildings law, as
18 amended by section 127-r of subpart B of part C of chapter 62 of the
19 laws of 2011, is amended to read as follows:
20 1. Except as provided in subdivision two of this section, whenever the
21 head of any agency, board, division or commission, with the approval of
22 the director of the budget, (a) shall certify to the commissioner of
23 general services that any property on state land or on land under lease
24 to the state and consisting of buildings with or without fixtures
25 attached thereto, and any other improvements upon such lands, are unfit,
26 not adapted or not needed for use by such agency, board, division or
27 commission and (b) shall recommend for reasons to be stated, that the
28 said property should be disposed of, the commissioner of general
29 services shall, after causing an investigation to be made, dispose of
30 said property by sale or demolition as will best promote the public
31 interest. Public notice of a proposed sale where the value of the prop-
32 erty to be sold exceeds five thousand dollars shall be given by adver-
33 tising at least once in a newspaper published and having a general
34 circulation in the county in which such lands are located and in such
35 other newspaper or newspapers as the commissioner of general services
36 may deem to be necessary. Such advertisement shall give a general
37 description and location of the property and the terms of the sale and
38 the date on which proposals for the same will be received by the commis-
39 sioner of general services. Should any or all of the offers so received
40 be deemed by the commissioner of general services to be too low, he or
41 she may dispose of such property so advertised at private sale within
42 ninety days of the opening of the bids, provided that no such private
43 sale shall be consummated at a price lower than that submitted as a
44 result of public advertising. The commissioner of general services shall
45 also have the power to demolish such property either by contract or, if
46 such property is located on lands which are under the jurisdiction of
47 the department of corrections and community supervision, the work of
48 such demolition may be done by the [inmates] incarcerated individuals of
49 the institution where such property is located, provided however that
50 the commissioner of corrections and community supervision shall consent
51 to the employment of the [inmates] incarcerated individuals for the work
52 of demolition. The provisions of this subdivision shall be effective
53 notwithstanding the provisions of any other general or special law
54 relating to the disposal of buildings with the fixtures attached thereto
55 or of any improvements upon lands belonging to or under lease to the
56 state, and any such statute or parts thereof relating to such disposal
S. 3332 30
1 of buildings, fixtures and improvements insofar as they are inconsistent
2 with the provisions of this section are hereby superseded. A record of
3 any such sale shall be filed with the state agency head above referred
4 to and the proceeds of such sale or disposal shall be paid into the
5 treasury of the state to the credit of the capital projects fund.
6 § 44. Section 19 of the public buildings law, as amended by chapter
7 420 of the laws of 1968, is amended to read as follows:
8 § 19. Manner of doing work or acquiring material. The work of
9 construction, reconstruction, alteration, repair or improvement of any
10 state building, whether constructed or to be constructed, may be done by
11 the employment of [inmate] incarcerated individuals or outside labor or
12 both and by the purchase of materials in the open market whenever in the
13 opinion of the department having jurisdiction over such building, and
14 the commissioner of general services or his or her authorized represen-
15 tative, such a course shall be deemed advantageous to the state, and
16 only upon plans and specifications prepared by the commissioner of
17 general services, but no compensation shall be allowed for the employ-
18 ment of [inmate] incarcerated individual labor except convict labor.
19 § 45. Subdivision 1 of section 140 of the public buildings law, as
20 amended by chapter 510 of the laws of 2004, is amended to read as
21 follows:
22 1. It shall be the duty of each superintendent or chief executive
23 officer of each of the public institutions and buildings of the state,
24 supported wholly or partly by the funds of the state, to provide that
25 the following regulations for the protection of the [inmates] incarcer-
26 ated individuals of said buildings and the buildings be complied with:
27 There shall be provided a sufficient number of stand-pipes, with
28 connections or outlets on each floor, and sufficient fire hose to prop-
29 erly protect the entire floor surface. Sufficient portable fire extin-
30 guishers shall be provided on each floor of each building to provide
31 adequate fire protection. All fire hose shall be inspected under the
32 direction of the engineer at least once every six months and shall be
33 maintained at all times in proper condition. On each floor of every
34 public building having two or more stories where the rooms are connected
35 by an interior hallway, there shall be posted by each stairway, elevator
36 or other means of egress, a printed scale floor plan of that particular
37 story, which shall show all means of egress, clearly labeling those to
38 be used in case of fire. Such posted floor plan shall clearly indicate
39 exits which would be accessible for a person having a disability, as
40 such term is defined in subdivision twenty-one of section two hundred
41 ninety-two of the executive law. Such floor plan shall be posted in at
42 least two other conspicuous areas through the building. Said floor plan
43 shall be no smaller than eight inches by ten inches and shall be posted
44 in such a manner that it cannot be readily removed. Unless exit doors at
45 floor level are provided at fire escapes suitable steps must be provided
46 under other openings used as exits to fire escapes which are not at
47 floor level. Painters' supplies and inflammable liquids of all kinds
48 must not be stored in buildings occupied by wards of the state or
49 employees. All attics and basements must be constantly kept free from
50 rubbish or articles not necessary to the proper conduct of the institu-
51 tion or building, and must be regularly swept, cleaned and all broken or
52 needless articles promptly removed.
53 § 46. Subdivision 26 of section 206 of the public health law, as
54 amended by section 127-t of subpart B of part C of chapter 62 of the
55 laws of 2011, is amended to read as follows:
S. 3332 31
1 26. The commissioner is hereby authorized and directed to review any
2 policy or practice instituted in facilities operated by the department
3 of corrections and community supervision, and in all local correctional
4 facilities, as defined in subdivision sixteen of section two of the
5 correction law, regarding human immunodeficiency virus (HIV), acquired
6 immunodeficiency syndrome (AIDS), and hepatitis C (HCV) including the
7 prevention of the transmission of HIV and HCV and the treatment of AIDS,
8 HIV and HCV among [inmates] incarcerated individuals. Such review shall
9 be performed annually and shall focus on whether such HIV, AIDS or HCV
10 policy or practice is consistent with current, generally accepted
11 medical standards and procedures used to prevent the transmission of HIV
12 and HCV and to treat AIDS, HIV and HCV among the general public. In
13 performing such reviews, in order to determine the quality and adequacy
14 of care and treatment provided, department personnel are authorized to
15 enter correctional facilities and inspect policy and procedure manuals
16 and medical protocols, interview health services providers and [inmate]
17 incarcerated individual-patients, review medical grievances, and inspect
18 a representative sample of medical records of [inmates] incarcerated
19 individuals known to be infected with HIV or HCV or have AIDS. Prior to
20 initiating a review of a correctional system, the commissioner shall
21 inform the public, including patients, their families and patient advo-
22 cates, of the scheduled review and invite them to provide the commis-
23 sioner with relevant information. Upon the completion of such review,
24 the department shall, in writing, approve such policy or practice as
25 instituted in facilities operated by the department of corrections and
26 community supervision, and in any local correctional facility, or, based
27 on specific, written recommendations, direct the department of
28 corrections and community supervision, or the authority responsible for
29 the provision of medical care to [inmates] incarcerated individuals in
30 local correctional facilities to prepare and implement a corrective plan
31 to address deficiencies in areas where such policy or practice fails to
32 conform to current, generally accepted medical standards and procedures.
33 The commissioner shall monitor the implementation of such corrective
34 plans and shall conduct such further reviews as the commissioner deems
35 necessary to ensure that identified deficiencies in HIV, AIDS and HCV
36 policies and practices are corrected. All written reports pertaining to
37 reviews provided for in this subdivision shall be maintained, under such
38 conditions as the commissioner shall prescribe, as public information
39 available for public inspection.
40 § 47. Subdivision 2 of section 579 of the public health law, as
41 amended by section 128 of subpart B of part C of chapter 62 of the laws
42 of 2011, is amended to read as follows:
43 2. This title shall not be applicable to and the department shall not
44 have the power to regulate pursuant to this title: (a) any examination
45 performed by a state or local government of materials derived from the
46 human body for use in criminal identification or as evidence in a crimi-
47 nal proceeding or for investigative purposes; (b) any test conducted
48 pursuant to paragraph (c) of subdivision four of section eleven hundred
49 ninety-four of the vehicle and traffic law and paragraph (c) of subdivi-
50 sion eight of section 25.24 of the parks, recreation and historic pres-
51 ervation law; (c) any examination performed by a state or local agency
52 of materials derived from the body of an [inmate] incarcerated individ-
53 ual, pretrial releasee, parolee, conditional releasee or probationer to
54 (i) determine, measure or otherwise describe the presence or absence of
55 any substance whose possession, ingestion or use is prohibited by law,
56 the rules of the department of corrections and community supervision,
S. 3332 32
1 the conditions of release established by the board of parole, the condi-
2 tions of release established by a court or a local conditional release
3 commission or the conditions of any program to which such individuals
4 are referred and (ii) to determine whether there has been a violation
5 thereof; or (d) any examination performed by a coroner or medical exam-
6 iner for the medical-legal investigation of a death. Nothing herein
7 shall prevent the department from consulting with the division of crimi-
8 nal justice services, the department of corrections and community super-
9 vision, the state police, or any other state agency or commission, at
10 the request of the division of criminal justice services, the department
11 of corrections and community supervision, the state police, or such
12 other agency or commission, concerning examination of materials for
13 purposes other than public health.
14 § 48. Intentionally omitted.
15 § 49. Subdivision 3 of section 2122 of the public health law is
16 amended to read as follows:
17 3. The authorities of the institution to which such person is commit-
18 ted by the magistrate pursuant to the provisions of this section shall
19 keep such person separate and apart from the other [inmates] incarcerat-
20 ed individuals.
21 § 50. Paragraph (a) of subdivision 10 of section 2140 of the public
22 health law, as added by chapter 180 of the laws of 2002, is amended to
23 read as follows:
24 (a) as an [inmate] incarcerated individual of any state or federal
25 prison, or
26 § 51. Subdivision 3 of section 2200 of the public health law is
27 amended to read as follows:
28 3. Qualification on residence. The continuous residence required to
29 acquire either state residence or local residence shall not include any
30 period during which the person was (a) a patient in a hospital, or (b)
31 an [inmate] incarcerated individual of any public institution, incorpo-
32 rated private institution, or private tuberculosis home, cottage or
33 hospital, or (c) residing on any military reservation. If, however, the
34 periods of residence immediately prior and subsequent to the periods
35 specified in (a), (b), or (c) shall together equal the required period
36 of residence, such person shall be deemed to have the required contin-
37 uous residence.
38 § 52. Intentionally omitted.
39 § 53. Paragraph (a-1) of subdivision 1 and paragraph (o) of subdivi-
40 sion 11 of section 2807-c of the public health law, paragraph (a-1) of
41 subdivision 1 as amended by chapter 639 of the laws of 1996 and para-
42 graph (o) of subdivision 11 as amended by chapter 731 of the laws of
43 1993, are amended to read as follows:
44 (a-1) Payments made by local governmental agencies to general hospi-
45 tals for reimbursement of inpatient hospital services provided to
46 [inmates] incarcerated individuals of local correctional facilities as
47 defined in subdivision sixteen of section two of the correction law
48 shall be at the rates of payment determined pursuant to this section for
49 state governmental agencies, excluding adjustments pursuant to subdivi-
50 sion fourteen-f of this section.
51 (o) No general hospital shall refuse to provide hospital services to a
52 person presented or proposed to be presented for admission to such
53 general hospital by a representative of a correctional facility or a
54 local correctional facility as defined respectively in subdivisions
55 four, fifteen and sixteen of section two of the correction law based
56 solely on the grounds such person is an [inmate] incarcerated individual
S. 3332 33
1 of such correctional facility or local correctional facility. No general
2 hospital may demand or request any charge for hospital services provided
3 to such person in addition to the charges or rates authorized in accord-
4 ance with this article, except for charges for identifiable additional
5 hospital costs associated with or reasonable additional charges associ-
6 ated with security arrangements for such person.
7 § 53-a. Paragraph (a-1) of subdivision 1 of section 2807-c of the
8 public health law, as amended by chapter 731 of the laws of 1993, is
9 amended to read as follows:
10 (a-1) Payments made by local governmental agencies to general hospi-
11 tals for reimbursement of inpatient hospital services provided to
12 [inmates] incarcerated individuals of local correctional facilities as
13 defined in subdivision sixteen of section two of the correction law
14 shall be at the rates of payment determined pursuant to this section for
15 state governmental agencies.
16 § 54. Subdivisions 1, 2 and 4 of section 4165 of the public health
17 law, as amended by chapter 384 of the laws of 1971, are amended to read
18 as follows:
19 1. Directors, superintendents, managers or other persons in charge of
20 hospitals, homes for indigents, lying-in or other institutions, public
21 or private, to which persons resort for treatment of diseases or
22 confinement, or to which persons are committed by process of law, shall
23 make, at the time of their admittance, a record of all the personal and
24 statistical particulars relative to the patients and [inmates] incarcer-
25 ated individuals in their institutions, which are required in the forms
26 of the certificate provided for by this article as directed by the
27 commissioner.
28 2. The personal particulars and information required by this section
29 shall be obtained from the patient or [inmate] incarcerated individual,
30 if it is practicable to do so; and when they cannot be so obtained, they
31 shall be obtained in as complete a manner as possible from relatives,
32 friends, or other persons acquainted with the facts.
33 4. The records of patients or [inmates] incarcerated individuals
34 obtained in accordance with this section shall not be sold to any person
35 for promotional or profit-making purposes without the written consent of
36 such patient or [inmate] incarcerated individual or the written consent
37 of the legal representative of such patient or [inmate] incarcerated
38 individual.
39 § 55. Subdivision 4 of section 4174 of the public health law, as
40 amended by chapter 323 of the laws of 2016, is amended to read as
41 follows:
42 4. No fee shall be charged for a search, certification, certificate,
43 certified copy or certified transcript of a record to be used for school
44 entrance, employment certificate or for purposes of public relief or
45 when required by the veterans administration to be used in determining
46 the eligibility of any person to participate in the benefits made avail-
47 able by the veterans administration or when required by a board of
48 elections for the purposes of determining voter eligibility or when
49 requested by the department of corrections and community supervision or
50 a local correctional facility as defined in subdivision sixteen of
51 section two of the correction law for the purpose of providing a certi-
52 fied copy or certified transcript of birth to an [inmate] incarcerated
53 individual in anticipation of such [inmate's] incarcerated individual's
54 release from custody or to obtain a death certificate to be used for
55 administrative purposes for an [inmate] incarcerated individual who has
56 died under custody or when requested by the office of children and fami-
S. 3332 34
1 ly services or an authorized agency for the purpose of providing a
2 certified copy or certified transcript of birth to a youth placed in the
3 care and custody or custody and guardianship of the local commissioner
4 of social services or the care and custody or custody and guardianship
5 of the office of children and family services in anticipation of such
6 youth's discharge from placement or foster care.
7 § 56. Section 4179 of the public health law, as amended by chapter 323
8 of the laws of 2016, is amended to read as follows:
9 § 4179. Vital records; fees; city of New York. Notwithstanding the
10 provisions of paragraph one of subdivision a of section 207.13 of the
11 health code of the city of New York, the department of health shall
12 charge, and the applicant shall pay, for a search of two consecutive
13 calendar years under one name and the issuance of a certificate of
14 birth, death or termination of pregnancy, or a certification of birth or
15 death, or a certification that the record cannot be found, a fee of
16 fifteen dollars for each copy. Provided, however, that no such fee shall
17 be charged when the department of corrections and community supervision
18 or a local correctional facility as defined in subdivision sixteen of
19 section two of the correction law requests a certificate of birth or
20 certification of birth for the purpose of providing such certificate of
21 birth or certification of birth to an [inmate] incarcerated individual
22 in anticipation of such [inmate's] incarcerated individual's release
23 from custody or to obtain a death certificate to be used for administra-
24 tive purposes for an [inmate] incarcerated individual who has died under
25 custody or when the office of children and family services or an author-
26 ized agency requests a certified copy or certified transcript of birth
27 for a youth placed in the custody of the local commissioner of social
28 services or the custody of the office of children and family services
29 pursuant to article three of the family court act for the purpose of
30 providing such certified copy or certified transcript of birth to such
31 youth in anticipation of discharge from placement.
32 § 57. Section 70 of the general municipal law, as amended by section
33 116 of subpart B of part C of chapter 62 of the laws of 2011, is amended
34 to read as follows:
35 § 70. Payment of judgments against municipal corporation. When a final
36 judgment for a sum of money shall be recovered against a municipal
37 corporation, and the execution thereof shall not be stayed pursuant to
38 law, or the time for such stay shall have expired, the treasurer or
39 other financial officer of such corporation having sufficient moneys in
40 his or her hands belonging to the corporation not otherwise specifically
41 appropriated, shall pay such judgment upon the production of a certified
42 copy of the docket thereof. Notwithstanding the provisions of any other
43 law to the contrary, in any case where payment for any reason is to be
44 made to an [inmate] incarcerated individual serving a sentence of impri-
45 sonment with the state department of corrections and community super-
46 vision or to a prisoner confined at a local correctional facility, the
47 treasurer or other financial officer shall give written notice, if
48 required pursuant to subdivision two of section six hundred thirty-two-a
49 of the executive law, to the office of victim services that such payment
50 shall be made thirty days after the date of such notice.
51 § 58. Section 87 of the general municipal law, as amended by chapter
52 555 of the laws of 1978, is amended to read as follows:
53 § 87. Support and maintenance of charitable and other institutions.
54 Boards of estimate and apportionment, common councils, boards of alder-
55 men, boards of supervisors, town boards, boards of trustees of villages
56 and all other boards or officers of counties, cities, towns and
S. 3332 35
1 villages, authorized to appropriate and to raise money by taxation and
2 to make payments therefrom, are hereby authorized, in their discretion,
3 to appropriate and to raise money by taxation and to make payments from
4 said moneys, and from any moneys received from any other source and
5 properly applicable thereto, to charitable, eleemosynary, correctional
6 and reformatory institutions wholly or partly under private control, for
7 the care, support and maintenance of their [inmates] incarcerated indi-
8 viduals and out-patients, of the moneys which are or may be appropriated
9 therefor; such payments to be made only for such [inmates] incarcerated
10 individuals as are received and retained therein pursuant to regulations
11 established by the state department of social services or other state
12 department having the power of inspection thereof. In the absence within
13 the state of adequate facilities conveniently accessible, payments for
14 the support, care and maintenance of [inmates] incarcerated individuals
15 and out-patients may be made to institutions, wholly or partly under
16 private control, of a charitable or eleemosynary character, located
17 without the state, which institutions if located within the state would
18 be subject to the visitation, inspection and supervision of the depart-
19 ment of social services. However, such payments may be made only to
20 institutions conducted in conformity with the regulations of such
21 department.
22 § 59. Subdivision 2 of section 101 of the general municipal law, as
23 added by chapter 861 of the laws of 1953, is amended to read as follows:
24 2. Such specifications shall be drawn so as to permit separate and
25 independent bidding upon each of the above three subdivisions of work.
26 All contracts awarded by any political subdivision or by an officer,
27 board or agency thereof, or of any district therein, for the erection,
28 construction, reconstruction or alteration of buildings, or any part
29 thereof, shall award the three subdivisions of the above specified work
30 separately in the manner provided by section one hundred three of this
31 [chapter] article. Nothing in this section shall be construed to prevent
32 any political subdivision from performing any such branches of work by
33 or through their regular employees, or in the case of public insti-
34 tutions, by the [inmates] incarcerated individuals thereof.
35 § 60. Intentionally omitted.
36 § 61. Intentionally omitted.
37 § 62. Paragraph (e) of subdivision 2 of section 148 of the general
38 municipal law, as added by chapter 871 of the laws of 1948, is amended
39 to read as follows:
40 (e) The board of supervisors of the county of which such deceased
41 person was a resident at the time of his or her death is hereby author-
42 ized and directed to audit the account and pay the expenses of such
43 burial and headstone, and a reasonable sum for the services and neces-
44 sary expenses of the person or commission so designated. In case such
45 person shall be at the time of his or her death an [inmate] incarcerated
46 individual of any state institution, including state hospitals and
47 soldiers' homes, or any institution, supported by the state and
48 supported by public expense therein, the expense of such burial and
49 headstone shall be a charge upon the county of his or her legal resi-
50 dence.
51 § 63. Section 207-n of the general municipal law, as added by chapter
52 622 of the laws of 1997, is amended to read as follows:
53 § 207-n. Performance of duty disability retirement. Notwithstanding
54 the provisions of any general, special or local law or administrative
55 code to the contrary, but except for the purposes of the workers'
56 compensation law and the labor law, a paid member of the uniformed force
S. 3332 36
1 of a paid correction department, where such paid member is drawn from
2 competitive civil service lists, who successfully passed a physical
3 examination on entry into the service of such department, who contracts
4 HIV (where there may have been exposure to a bodily fluid of an [inmate]
5 incarcerated individual or any person confined in an institution under
6 the jurisdiction of the department of [correction] corrections and
7 community supervision, or the department of health, or any person who
8 has been committed to such institution by any court as a natural and
9 proximate result of an act of any [inmate] incarcerated individual or
10 person described above, that may have involved transmission of a speci-
11 fied transmissible disease from an [inmate] incarcerated individual or
12 person described above to the member), tuberculosis or hepatitis will be
13 presumed to have contracted such disease in the performance or discharge
14 of his or her duties, unless the contrary be proved by competent
15 evidence.
16 § 64. Intentionally omitted.
17 § 65. Paragraph (b) of subdivision 1 of section 671 of the county law,
18 as amended by chapter 491 of the laws of 1987, is amended to read as
19 follows:
20 (b) shall make inquiry into all deaths whether natural or unnatural in
21 his or her county occurring to an [inmate] incarcerated individual of a
22 correctional facility as defined by subdivision three of section forty
23 of the correction law, whether or not the death occurred inside such
24 facility.
25 § 66. Subdivision 5 of section 674 of the county law, as amended by
26 chapter 490 of the laws of 2015, is amended to read as follows:
27 5. Notwithstanding section six hundred seventy of this article or any
28 other provision of law, the coroner, coroner's physician or medical
29 examiner shall promptly perform or cause to be performed an autopsy and
30 to prepare an autopsy report which shall include a toxicological report
31 and any report of any examination or inquiry with respect to any death
32 occurring within his or her county to an [inmate] incarcerated individ-
33 ual of a correctional facility as defined by subdivision three of
34 section forty of the correction law, whether or not the death occurred
35 inside such facility.
36 § 67. Subdivision 6 of section 677 of the county law, as amended by
37 chapter 490 of the laws of 2015, is amended to read as follows:
38 6. Notwithstanding section six hundred seventy of this article or any
39 other provision of law, the coroner, coroner's physician or medical
40 examiner shall promptly provide the chairman of the correction medical
41 review board and the commissioner of corrections and community super-
42 vision with copies of any autopsy report, toxicological report or any
43 report of any examination or inquiry prepared with respect to any death
44 occurring to an [inmate] incarcerated individual of a correctional
45 facility as defined by subdivision three of section forty of the
46 correction law within his or her county; and shall promptly provide the
47 executive director of the justice center for the protection of people
48 with special needs with copies of any autopsy report, toxicology report
49 or any report of any examination or inquiry prepared with respect to the
50 death of any service recipient occurring while he or she was a resident
51 in any facility operated, licensed or certified by any agency within the
52 department of mental hygiene, the office of children and family
53 services, the department of health or the state education department. If
54 the toxicological report is prepared pursuant to any agreement or
55 contract with any person, partnership, corporation or governmental agen-
56 cy with the coroner or medical examiner, such report shall be promptly
S. 3332 37
1 provided to the chairman of the correction medical review board, the
2 commissioner of corrections and community supervision or the executive
3 director of the justice center for people with special needs, as appro-
4 priate, by such person, partnership, corporation or governmental agency.
5 § 68. Intentionally omitted.
6 § 69. Intentionally omitted.
7 § 70. Paragraph b of subdivision 1 of section 272 of the education
8 law, as amended by section 88 of subpart B of part C of chapter 62 of
9 the laws of 2011, is amended to read as follows:
10 b. The "area served" by a public library system for the purposes of
11 this article shall mean the area which the public library system
12 proposes to serve in its approved plan of service. In determining the
13 population of the area served by the public library system the popu-
14 lation shall be deemed to be that shown by the latest federal census for
15 the political subdivisions in the area served. Such population shall be
16 certified in the same manner as provided by section fifty-four of the
17 state finance law except that such population shall include the reserva-
18 tion and school Indian population and [inmates] incarcerated individuals
19 of state institutions under the direction, supervision or control of the
20 state department of corrections and community supervision, the state
21 department of mental hygiene and the state department of social welfare.
22 In the event that any of the political subdivisions receiving library
23 service are included within a larger political subdivision which is a
24 part of the public library system the population used for the purposes
25 of computing state aid shall be the population of the larger political
26 subdivision, provided however, that where any political subdivision
27 within a larger political subdivision shall have taken an interim census
28 since the last census taken of the larger political subdivision, the
29 population of the larger political subdivision may be adjusted to
30 reflect such interim census and, as so adjusted, may be used until the
31 next census of such larger political subdivision. In the event that the
32 area served is not coterminous with a political subdivision, the popu-
33 lation of which is shown on such census, or the area in square miles of
34 which is available from official sources, such population and area shall
35 be determined, for the purpose of computation of state aid pursuant to
36 section two hundred seventy-three of this part by applying to the popu-
37 lation and area in square miles of such political subdivision, the ratio
38 which exists between the assessed valuation of the portion of such poli-
39 tical subdivision included within the area served and the total assessed
40 valuation of such political subdivision.
41 § 71. Section 285 of the education law, as amended by section 6 of
42 part O of chapter 57 of the laws of 2005, is amended to read as follows:
43 § 285. State aid for cooperation with correctional facilities. 1. Each
44 public library system operating under an approved plan of service which
45 has a state correctional facility or facilities within its area of
46 service shall be awarded an annual grant of nine dollars twenty-five
47 cents per capita for the [inmate] incarcerated individual population of
48 such facility or facilities to make available to the [inmate] incarcer-
49 ated individual population of such facility or facilities, in direct
50 coordination with the correctional facilities libraries, the library
51 resources of such system. The commissioner shall adopt any regulations
52 necessary to carry out the purposes and provisions of this subdivision.
53 2. The commissioner is authorized to expend up to one hundred seven-
54 ty-five thousand dollars annually to provide grants to public library
55 systems operating under an approved plan of service for provision of
56 services to county jail facilities. Such formula grants shall assist the
S. 3332 38
1 library system in making available to the [inmate] incarcerated individ-
2 ual population of such facility or facilities the library resources of
3 such system. Such grants shall be available to each public library
4 system in such manner as to insure that the ratio of the amount each
5 system is eligible to receive equals the ratio of the number of
6 [inmates] incarcerated individuals served by the county jail facility to
7 the total number of [inmates] incarcerated individuals served by county
8 jail facilities in the state as of July first of the year preceding the
9 calendar year in which the state aid to public library systems is to be
10 paid. [Inmate] Incarcerated individual populations shall be certified by
11 the New York state commission of correction. The commissioner shall
12 adopt any regulations necessary to carry out the purposes and provisions
13 of this subdivision.
14 § 72. Subdivision 3 of section 2016 of the education law, as amended
15 by chapter 801 of the laws of 1953, is amended to read as follows:
16 3. An affidavit by any officer or employee of the board of education
17 or any police officer, sheriff or deputy sheriff that he or she visited
18 the premises claimed by the applicant as his or her residence, and that
19 he or she interrogated an [inmate] incarcerated individual, housedwel-
20 ler, keeper or caretaker, owner, proprietor, or landlord thereof or
21 therein, as to the applicant's residence therein or thereat, and that he
22 or she was informed by one or more of such persons, naming them, that
23 they knew the persons residing upon such premises and that the applicant
24 did not reside upon such premises thirty days before the meeting or
25 election shall be presumptive evidence against the right of the voter to
26 register from such premises.
27 § 73. Subdivision (h) of section 19.07 of the mental hygiene law, as
28 amended by section 118-f of subpart B of part C of chapter 62 of the
29 laws of 2011, is amended to read as follows:
30 (h) The office of alcoholism and substance abuse services shall moni-
31 tor programs providing care and treatment to [inmates] incarcerated
32 individuals in correctional facilities operated by the department of
33 corrections and community supervision who have a history of alcohol or
34 substance abuse or dependence. The office shall also develop guidelines
35 for the operation of alcohol and substance abuse treatment programs in
36 such correctional facilities in order to ensure that such programs
37 sufficiently meet the needs of [inmates] incarcerated individuals with a
38 history of alcohol or substance abuse or dependence and promote the
39 successful transition to treatment in the community upon release. No
40 later than the first day of December of each year, the office shall
41 submit a report regarding the adequacy and effectiveness of alcohol and
42 substance abuse treatment programs operated by the department of
43 corrections and community supervision to the governor, the temporary
44 president of the senate, the speaker of the assembly, the chairman of
45 the senate committee on crime victims, crime and correction, and the
46 chairman of the assembly committee on correction.
47 § 74. Section 29.27 of the mental hygiene law, as added by chapter 766
48 of the laws of 1976, subdivision (c) as amended by chapter 789 of the
49 laws of 1985, subdivisions (e), (f), (g), (i) and (j) as amended by
50 section 118-h of subpart B of part C of chapter 62 of the laws of 2011,
51 is amended to read as follows:
52 § 29.27 [Inmate] Incarcerated individual-patients placed in the custody
53 of the department.
54 (a) As used in this section, the term "[inmate] incarcerated individ-
55 ual-patient" means a person committed pursuant to the provisions of
S. 3332 39
1 article sixteen of the correction law to the custody of the department
2 of mental hygiene for care and treatment.
3 (b) The commissioner shall provide a facility or facilities in which
4 [inmate] incarcerated individual-patients may be retained for care and
5 treatment.
6 (c) An [inmate] incarcerated individual-patient may be retained for
7 care and treatment in the facility designated by the commissioner for
8 the period stated in the order committing the [inmate] incarcerated
9 individual-patient to the custody of the department unless sooner trans-
10 ferred or discharged in accordance with law. If the [inmate] incarcerat-
11 ed individual-patient requires inpatient care and treatment for mental
12 illness beyond such authorized period, the director of the facility
13 where he or she is kept in custody shall apply for an order of retention
14 or subsequent orders of retention in accordance with the procedures set
15 forth in article nine of this chapter for the retention of patients. The
16 provisions of this chapter applying to the rights of patients with
17 respect to notices, hearings, judicial review, writ of habeas corpus,
18 and the services of the mental hygiene legal service shall apply to
19 [inmate] incarcerated individual-patients except that in no case shall
20 an [inmate] incarcerated individual-patient be discharged or released
21 from custody prior to the time that such [inmate] incarcerated individ-
22 ual-patient has completed his or her term of imprisonment or that his or
23 her release from custodial confinement in the correctional facility or
24 jail from which he or she was delivered to the department has been duly
25 authorized.
26 (d) During the period of his or her custody in the department of
27 mental hygiene pursuant to this section, an [inmate] incarcerated indi-
28 vidual-patient shall be entitled to the rights to care and treatment set
29 forth in section 15.03 of this chapter and to such other rights granted
30 to patients by this chapter, as determined by regulation of the commis-
31 sioner, which are not inconsistent with his or her status as a person
32 legally subject to confinement in a correctional facility or jail or
33 with the mandate of secure custody of such [inmate] incarcerated indi-
34 vidual-patient.
35 (e) When the director of the facility in which the [inmate] incarcer-
36 ated individual-patient is in custody finds that the [inmate] incarcer-
37 ated individual-patient is no longer mentally ill or no longer requires
38 hospitalization for care and treatment, he or she shall so notify the
39 [inmate] incarcerated individual-patient and commissioner of corrections
40 and community supervision or, in the case of an [inmate] incarcerated
41 individual-patient coming from a jail or correctional institution oper-
42 ated by local government, the officer in charge of the jail or correc-
43 tional institution from which the [inmate] incarcerated
44 individual-patient was committed. The commissioner of corrections and
45 community supervision or such officer, as the case may be, shall imme-
46 diately arrange to take such [inmate] incarcerated individual-patient
47 into custody and return him or her to a correctional facility or to the
48 jail or correctional institution operated by local government.
49 (f) Upon delivery of the [inmate] incarcerated individual-patient to
50 the representative of the commissioner of corrections and community
51 supervision or of an officer in charge of a jail or correctional insti-
52 tution operated by local government, the responsibility of the depart-
53 ment and its facilities for the custody of the [inmate] incarcerated
54 individual-patient shall terminate. Where the [inmate] incarcerated
55 individual is returned to a state correctional facility, the department
56 shall continue to be responsible for the [inmate] incarcerated individ-
S. 3332 40
1 ual-patient's psychiatric care if the [inmate] incarcerated
2 individual-patient upon his or her return is in a program established
3 pursuant to section four hundred one of the correction law.
4 (g) If an [inmate] incarcerated individual-patient in the custody of
5 the department escapes from custody, immediate notice shall be given to
6 the commissioner of corrections and community supervision or, in the
7 case of an [inmate] incarcerated individual-patient coming from a jail
8 or correctional institution operated by local government, to the officer
9 in charge of such jail or correctional institution. Notice shall also be
10 given to appropriate law enforcement authorities.
11 (h) The cost of care and treatment of an [inmate] incarcerated indi-
12 vidual-patient in a department facility shall be a charge upon the
13 department if the [inmate] incarcerated individual-patient was committed
14 from a state correctional facility or upon the local government from
15 which the [inmate] incarcerated individual-patient was committed.
16 (i) Upon release of an [inmate] incarcerated individual-patient from a
17 facility, the director shall forward a copy of all health and psychiat-
18 ric records to the commissioner of corrections and community supervision
19 or to the officer in charge of a jail or correctional institution oper-
20 ated by local government, as the case may be.
21 (j) If the sentence for which an [inmate] incarcerated
22 individual-patient is confined expires or is vacated or modified by
23 court order, the director shall so notify the commissioner of
24 corrections and community supervision or such officer in charge of a
25 jail or correctional institution operated by local government, as appro-
26 priate.
27 § 75. The section heading and subdivision (a) of section 29.28 of the
28 mental hygiene law, as added by section 5 of subpart C of part C of
29 chapter 97 of the laws of 2011, are amended to read as follows:
30 Payment of costs for prosecution of [inmate] incarcerated
31 individual-patients.
32 (a) When an [inmate] incarcerated individual-patient, as defined in
33 subdivision (a) of section 29.27 of this article, who was committed from
34 a state correctional facility, is alleged to have committed an offense
35 while in the custody of the department, the department of corrections
36 and community supervision shall pay all reasonable costs for the prose-
37 cution of such offense, including but not limited to, costs for: a grand
38 jury impaneled to hear and examine evidence of such offense, petit
39 jurors, witnesses, the defense of any [inmate] incarcerated individual
40 financially unable to obtain counsel in accordance with the provisions
41 of the county law, the district attorney, the costs of the sheriff and
42 the appointment of additional court attendants, officers or other judi-
43 cial personnel.
44 § 76. Subdivision (g) of section 33.08 of the mental hygiene law, as
45 added by chapter 709 of the laws of 1986, is amended to read as follows:
46 (g) For the purposes of this section, a person who has been admitted
47 to central New York psychiatric center from a state correctional facili-
48 ty or county jail pursuant to section four hundred two of the correction
49 law shall not be considered a patient in a hospital operated by the
50 office of mental health. Notwithstanding any other provision of this
51 section, a person who has been admitted to central New York psychiatric
52 center from a county jail pursuant to section four hundred two of the
53 correction law shall be entitled to receive a monthly state payment for
54 personal needs in an amount equal to, and calculated in the same manner
55 as, an incentive allowance which is provided to an [inmate] incarcerated
S. 3332 41
1 individual of a state correctional institution pursuant to section two
2 hundred of the correction law.
3 § 77. Paragraph 10 of subdivision (c) of section 33.13 of the mental
4 hygiene law, as amended by section 118-i of subpart B of part C of chap-
5 ter 62 of the laws of 2011, is amended to read as follows:
6 10. to a correctional facility, when the chief administrative officer
7 has requested such information with respect to a named [inmate] incar-
8 cerated individual of such correctional facility as defined by subdivi-
9 sion three of section forty of the correction law or to the department
10 of corrections and community supervision, when the department has
11 requested such information with respect to a person under its jurisdic-
12 tion or an [inmate] incarcerated individual of a state correctional
13 facility, when such [inmate] incarcerated individual is within four
14 weeks of release from such institution to community supervision. Infor-
15 mation released pursuant to this paragraph may be limited to a summary
16 of the record, including but not limited to: the basis for referral to
17 the facility; the diagnosis upon admission and discharge; a diagnosis
18 and description of the patient's or client's current mental condition;
19 the current course of treatment, medication and therapies; and the
20 facility's recommendation for future mental hygiene services, if any.
21 Such information may be forwarded to the department of corrections and
22 community supervision staff in need of such information for the purpose
23 of making a determination regarding an [inmate's] incarcerated individ-
24 ual's health care, security, safety or ability to participate in
25 programs. In the event an [inmate] incarcerated individual is trans-
26 ferred, the sending correctional facility shall forward, upon request,
27 such summaries to the chief administrative officer of any correctional
28 facility to which the [inmate] incarcerated individual is subsequently
29 incarcerated. The office of mental health and the office for people
30 with developmental disabilities, in consultation with the commission of
31 correction and the department of corrections and community supervision,
32 shall promulgate rules and regulations to implement the provisions of
33 this paragraph.
34 § 78. Intentionally omitted.
35 § 79. Subdivisions a and b of section 63-a of the retirement and
36 social security law, subdivision a as amended by section 138 of subpart
37 B of part C of chapter 62 of the laws of 2011 and subdivision b as added
38 by chapter 722 of the laws of 1996, are amended to read as follows:
39 a. Any member in the uniformed personnel in institutions under the
40 jurisdiction of the department of corrections and community supervision
41 or a security hospital treatment assistant, as those terms are defined
42 in subdivision i of section eighty-nine of this article, who becomes
43 physically or mentally incapacitated for the performance of duties as
44 the natural and proximate result of an injury, sustained in the perform-
45 ance or discharge of his or her duties by, or as the natural and proxi-
46 mate result of an act of any [inmate] incarcerated individual or any
47 person confined in an institution under the jurisdiction of the depart-
48 ment of corrections and community supervision or office of mental
49 health, or by any person who has been committed to such institution by
50 any court shall be paid a performance of duty disability retirement
51 allowance equal to that which is provided in section sixty-three of this
52 title, subject to the provisions of section sixty-four of this title.
53 b. Notwithstanding any provision of this chapter or of any general or
54 special law to the contrary, a member covered by this section who
55 contracts HIV (where there may have been an exposure to a bodily fluid
56 of an [inmate] incarcerated individual or a person described in subdivi-
S. 3332 42
1 sion a of this section as a natural and proximate result of an act of
2 any [inmate] incarcerated individual or person described in [such]
3 subdivision a that may have involved transmission of a specified tran-
4 smissible disease from an [inmate] incarcerated individual or such
5 person described in [such] subdivision a to the retirement system
6 member), tuberculosis or hepatitis will be presumed to have contracted
7 such disease in the performance or discharge of his or her duties, and
8 will be presumed to be disabled from the performance of his or her
9 duties, unless the contrary be proved by competent evidence.
10 § 80. Subdivisions b and c of section 63-b of the retirement and
11 social security law, as added by chapter 639 of the laws of 1999, are
12 amended to read as follows:
13 b. Any sheriff, deputy sheriff, undersheriff, or correction officer as
14 defined in subdivision a of this section, who becomes physically or
15 mentally incapacitated for the performance of duties as the natural and
16 proximate result of an injury, sustained in the performance or discharge
17 of his or her duties by, or as the natural and proximate result of an
18 act of any [inmate] incarcerated individual or any person confined in an
19 institution under the jurisdiction of such county, shall be paid a
20 performance of duty disability retirement allowance equal to that which
21 is provided in section sixty-three of this title, subject to the
22 provisions of section sixty-four of this title.
23 c. Notwithstanding any provision of this chapter or of any general or
24 special law to the contrary, a member covered by this section who
25 contracts HIV (where there may have been an exposure to a bodily fluid
26 of an [inmate] incarcerated individual or a person defined in subdivi-
27 sion b of this section as a natural and proximate result of an act of
28 any [inmate] incarcerated individual or person described in such subdi-
29 vision b that may have involved transmission of a specified transmissi-
30 ble disease from an [inmate] incarcerated individual or person described
31 in such subdivision b to the retirement system member), tuberculosis or
32 hepatitis will be presumed to have contracted such disease in the
33 performance or discharge of his or her duties, and will be presumed to
34 be disabled from the performance of his or her duties, unless the
35 contrary be proved by competent evidence.
36 § 81. Subdivision i of section 89 of the retirement and social securi-
37 ty law, as amended by section 139 of subpart B of part C of chapter 62
38 of the laws of 2011, is amended to read as follows:
39 i. As used in this section, "uniformed persons" or "uniformed person-
40 nel" in institutions under the jurisdiction of the department of
41 corrections and community supervision or "security hospital treatment
42 assistants" under the jurisdiction of the office of mental health mean
43 officers or employees holding the titles hereinafter set forth in insti-
44 tutions under the jurisdiction of the department of corrections and
45 community supervision or under the jurisdiction of the office of mental
46 health, namely: correction officers, prison guards, correction
47 sergeants, correction lieutenants, correction captains, deputy assistant
48 superintendent or warden, deputy warden or deputy superintendent, super-
49 intendents and wardens, assistant director and director of correction
50 reception center, director of correctional program, assistant director
51 of correctional program, director of community correctional center,
52 community correctional center assistant, correction hospital officers,
53 male or female, correction hospital senior officers, correction hospital
54 charge officer, correction hospital supervising officer, correction
55 hospital security supervisor, correction hospital chief officer,
56 correction youth camp officer, correction youth camp supervisor, assist-
S. 3332 43
1 ant supervisor, correctional camp superintendent, assistant correctional
2 camp superintendent, director of crisis intervention unit, assistant
3 director of crisis intervention unit, security hospital treatment
4 assistants, security hospital treatment assistants (Spanish speaking),
5 security hospital senior treatment assistants, security hospital super-
6 vising treatment assistants and security hospital treatment chiefs.
7 Previous service rendered under the titles by which such positions were
8 formerly designated and previous service rendered as a narcotic
9 addiction control commission officer shall constitute creditable
10 service. Notwithstanding any provision of law to the contrary, any
11 employee of the department of corrections and community supervision who
12 became enrolled under this section by reason of employment as a
13 uniformed person in an institution under the jurisdiction of the depart-
14 ment of corrections and community supervision shall be entitled to full
15 retirement credit for, and full allowance shall be made under this
16 section for the service of such employee, not to exceed twelve years,
17 while assigned to the training academy or central office, in the follow-
18 ing titles, namely: correction officer, correction sergeant, correction
19 lieutenant, correction captain, correctional services investigator,
20 senior correctional services employee investigator, correctional
21 services fire and safety coordinator, director of special housing and
22 [inmate] incarcerated individual disciplinary program, assistant direc-
23 tor of special housing and [inmate] incarcerated individual disciplinary
24 program, assistant chief of investigations, director of CERT operations,
25 correctional facility operations specialist, director of security staff-
26 ing project, correctional security technical services specialist,
27 assistant commissioner and deputy commissioner.
28 § 82. Subdivisions a and b of section 507-b of the retirement and
29 social security law, subdivision a as amended by section 146 of subpart
30 B of part C of chapter 62 of the laws of 2011 and subdivision b as added
31 by chapter 722 of the laws of 1996, are amended to read as follows:
32 a. Any member in the uniformed personnel in institutions under the
33 jurisdiction of the department of corrections and community supervision
34 or a security hospital treatment assistant, as those terms are defined
35 in subdivision i of section eighty-nine of this chapter, who becomes
36 physically or mentally incapacitated for the performance of duties as
37 the natural and proximate result of an injury, sustained in the perform-
38 ance or discharge of his or her duties by, or as a natural and proximate
39 result of, an act of any [inmate] incarcerated individual or any person
40 confined in an institution under the jurisdiction of the department of
41 corrections and community supervision or office of mental health, or by
42 any person who has been committed to such institution by any court shall
43 be paid a performance of duty disability retirement allowance equal to
44 that which is provided in section sixty-three of this chapter, subject
45 to the provisions of section sixty-four of this chapter.
46 b. Notwithstanding any provision of this chapter or of any general or
47 special law to the contrary, a member covered by this section who
48 contracts HIV (where there may have been an exposure to a bodily fluid
49 of an [inmate] incarcerated individual or a person described in subdivi-
50 sion a of this section as a natural and proximate result of an act of
51 any [inmate] incarcerated individual or person described in such subdi-
52 vision a that may have involved transmission of a specified transmissi-
53 ble disease from an [inmate] incarcerated individual or such person
54 described in such subdivision a to the retirement system member), tuber-
55 culosis or hepatitis will be presumed to have contracted such disease in
56 the performance or discharge of his or her duties, and will be presumed
S. 3332 44
1 to be disabled from the performance of his or her duties, unless the
2 contrary be proved by competent evidence.
3 § 83. Subdivisions a and b of section 507-c of the retirement and
4 social security law, subdivision a as amended by chapter 18 of the laws
5 of 2012 and subdivision b as added by chapter 622 of the laws of 1997,
6 are amended to read as follows:
7 a. Any member in the uniformed personnel in institutions under the
8 jurisdiction of the New York city department of correction, who becomes
9 physically or mentally incapacitated for the performance of duties as
10 the natural and proximate result of an injury, sustained in the perform-
11 ance or discharge of his or her duties by, or as a natural and proximate
12 result of, an act of any [inmate] incarcerated individual or any person
13 confined in an institution under the jurisdiction of the department of
14 correction or the department of health, or by any person who has been
15 committed to such institution by any court shall be paid a performance
16 of duty disability retirement allowance equal to three-quarters of final
17 average salary, subject to the provisions of section 13-176 of the
18 administrative code of the city of New York, provided, however, that the
19 provisions of this section shall not apply to a member of the uniformed
20 force of the New York city department of correction who is a New York
21 city uniformed correction/sanitation revised plan member.
22 b. Notwithstanding any provision of this chapter or of any general or
23 special law to the contrary, a member covered by this section who
24 contracts HIV (where there may have been an exposure to a bodily fluid
25 of an [inmate] incarcerated individual or a person described in subdivi-
26 sion a of this section as a natural and proximate result of an act of
27 any [inmate] incarcerated individual or person described in subdivision
28 a of this section that may have involved transmission of a specified
29 transmissible disease from an [inmate] incarcerated individual or such
30 person described in such subdivision a to the retirement system member),
31 tuberculosis or hepatitis will be presumed to have contracted such
32 disease in the performance or discharge of his or her duties, and will
33 be presumed to be disabled from the performance of his or her duties,
34 unless the contrary be proved by competent evidence.
35 § 84. Subdivision b of section 607-a of the retirement and social
36 security law, as added by chapter 722 of the laws of 1996, is amended to
37 read as follows:
38 b. Notwithstanding any provision of this chapter or of any general or
39 special law to the contrary, a member covered by this section who
40 contracts HIV (where there may have been an exposure to a bodily fluid
41 of an [inmate] incarcerated individual or a person described in subdivi-
42 sion a of this section as a natural and proximate result of an act of
43 any [inmate] incarcerated individual or person described in such subdi-
44 vision a that may have involved transmission of a specified transmissi-
45 ble disease from an [inmate] incarcerated individual or such person
46 described in such subdivision a to the retirement system member), tuber-
47 culosis or hepatitis will be presumed to have contracted such disease in
48 the performance or discharge of his or her duties, and will be presumed
49 to be disabled from the performance of his or her duties, unless the
50 contrary be proved by competent evidence.
51 § 85. Subdivisions a and b of section 607-c of the retirement and
52 social security law, as added by chapter 639 of the laws of 1999, are
53 amended to read as follows:
54 a. Any sheriff, deputy sheriff, undersheriff or correction officer as
55 defined in subdivision a of section sixty-three-b of this chapter, and
56 who are employed in a county which makes an election pursuant to subdi-
S. 3332 45
1 vision d of such section sixty-three-b, who becomes physically or
2 mentally incapacitated for the performance of duties as the natural and
3 proximate result of an injury, sustained in the performance or discharge
4 of his or her duties by, or as the natural and proximate result of any
5 act of any [inmate] incarcerated individual or any person confined in an
6 institution under the jurisdiction of such county, shall be paid a
7 performance of duty disability retirement allowance equal to that which
8 is provided in section sixty-three of this chapter, subject to the
9 provisions of section sixty-four of this chapter.
10 b. Notwithstanding any provision of this chapter or of any general or
11 special law to the contrary, a member covered by this section who
12 contracts HIV (where there may have been an exposure to a bodily fluid
13 of an [inmate] incarcerated individual or a person defined in subdivi-
14 sion a of this section as a natural and proximate result of an act of
15 any [inmate] incarcerated individual or person described in such subdi-
16 vision a that may have involved transmission of a specified transmissi-
17 ble disease from an [inmate] incarcerated individual or person described
18 in such subdivision a to the retirement system member), tuberculosis or
19 hepatitis will be presumed to have contracted such disease in the
20 performance or discharge of his or her duties, and will be presumed to
21 be disabled from the performance of his or her duties, unless the
22 contrary be proved by competent evidence.
23 § 86. Subdivision (b) of section 118 of the social services law, as
24 added by chapter 200 of the laws of 1946, is amended to read as follows:
25 (b) an [inmate] incarcerated individual of any public institution or
26 any incorporated private institution, or
27 § 87. Subdivisions 1, 2, 5, 6, 7, 8 and 8-a of section 194 of the
28 social services law, subdivision 8 as added by chapter 226 of the laws
29 of 1950 and subdivision 8-a as added by chapter 805 of the laws of 1962,
30 are amended to read as follows:
31 1. be responsible for the management of the home and for the care of
32 its [inmates] incarcerated individuals,
33 2. have control of the admission and discharge of [inmates] incarcer-
34 ated individuals of the home,
35 5. classify the [inmates] incarcerated individuals of the home, and
36 provide the type of care best fitted to their needs and carry out the
37 recommendations of the attending physician in regard to their care,
38 6. establish rules for the administration of the public home and for
39 the conduct and employment of the [inmates] incarcerated individuals
40 thereof; but such rules shall not be valid unless approved in writing by
41 the department,
42 7. as far as practicable provide suitable employment for any [inmate]
43 incarcerated individual whom the attending physician pronounces able to
44 work, assigning such inmates to such labor in connection with the farm
45 and garden, or the care and upkeep of the buildings or other suitable
46 tasks in the public home as they may be deemed capable of performing,
47 and providing occupational and other diversions as may be for the best
48 interests of the [inmates] incarcerated individuals,
49 8. when in their individual judgment and discretion it appears advis-
50 able, for purposes of rehabilitation, to provide incentive compensation
51 to an [inmate] incarcerated individual, in any amount or amounts total-
52 ling ten dollars or less per month, for work assigned and performed in
53 or about the public home, farm and garden; but the payment of any such
54 reward shall not be deemed, for the purposes of any law, to make the
55 [inmate] incarcerated individual receiving the same an employee of the
56 public home or of the county or city maintaining such home,
S. 3332 46
1 8-a. deposit as prescribed in section eighty-seven of this chapter,
2 any and all moneys received by him or her for the use of a particular
3 [inmate] incarcerated individual or [inmates] incarcerated individuals
4 of the public home[.],
5 § 88. Section 194-a of the social services law, as added by chapter
6 384 of the laws of 1961, is amended to read as follows:
7 § 194-a. Additional power of work assignment granted to commissioner
8 of public welfare of Monroe county. When, pursuant to the provisions of
9 subdivision eight of section one hundred ninety-four of this [chapter]
10 title, the commissioner of public welfare of Monroe county deems it
11 advisable to assign work to an [inmate] incarcerated individual, such
12 work may be assigned and performed in or about not only the public home,
13 farm and garden but also any other property maintained under his super-
14 vision. The payment of any reward pursuant to such subdivision eight
15 shall not be deemed, for the purposes of any law, to make the [inmate]
16 incarcerated individual receiving the same an employee of the public
17 home or of the county or city maintaining such home or such other prop-
18 erty maintained under the commissioner's jurisdiction.
19 § 89. Section 195 of the social services law is amended to read as
20 follows:
21 § 195. Medical care. 1. Each [inmate] incarcerated individual shall be
22 examined by the attending physician or physicians as soon after admis-
23 sion to the public home as practicable.
24 2. A medical record shall be kept for each [inmate] incarcerated indi-
25 vidual, in which shall be recorded his or her condition on admission,
26 the physician's recommendation of the type of care to be given him or
27 her and any medical attention given to the [inmate] incarcerated indi-
28 vidual subsequent to the examination on admission.
29 3. The physician shall be responsible for the medical care given
30 [inmates] incarcerated individuals who are ill, and shall give such
31 orders as he considers necessary for their welfare. He or she shall (a)
32 visit the public home at regular intervals and shall re-examine the
33 [inmates] incarcerated individuals periodically, as the need of the
34 [inmates] incarcerated individuals may require,
35 (b) also visit the public home, on call of the superintendent, in case
36 of the illness of any [inmate] incarcerated individual,
37 (c) make such recommendations to the commissioner of public welfare as
38 to changes, improvements and additional equipment as he may deem neces-
39 sary for the adequate care of the [inmates] incarcerated individuals of
40 such home.
41 4. Any physician who accepts an appointment as attending physician to
42 the [inmates] incarcerated individuals of a public home shall be obli-
43 gated to carry out the provisions of this section. The commissioner may
44 dismiss an attending physician who fails to fulfill such duties.
45 § 90. Section 196 of the social services law is amended to read as
46 follows:
47 § 196. Report on needs of [inmates] incarcerated individuals of public
48 homes. It shall be the duty of the commissioner of public welfare to
49 report to the legislative body as to the needs of the home and to make
50 recommendations of any changes, improvements, additional equipment or
51 other provision which he or she may consider necessary to provide
52 adequate care for the [inmates] incarcerated individuals.
53 § 91. Section 197 of the social services law is amended to read as
54 follows:
55 § 197. [Inmates'] Incarcerated individuals' right of appeal. Any
56 [inmate] incarcerated individual of a public home, who considers himself
S. 3332 47
1 or herself to have a cause for complaint against any officer or employee
2 of the public home, shall have the right of appeal to the superintendent
3 of the public home, and to the commissioner of public welfare.
4 § 92. Section 198 of the social services law, as amended by chapter 82
5 of the laws of 1941, is amended to read as follows:
6 § 198. Control of [inmates] incarcerated individuals. If any [inmate]
7 incarcerated individual shall wilfully disobey the rules of the home in
8 such a way as to be detrimental to the welfare of the other [inmates]
9 incarcerated individuals, the commissioner may institute a proceeding in
10 a court of competent jurisdiction against such [inmate] incarcerated
11 individual for disorderly conduct.
12 § 93. Section 199 of the social services law, as amended by chapter
13 195 of the laws of 1973, is amended to read as follows:
14 § 199. Power of commissioner of public welfare to detain certain
15 [inmates] incarcerated individuals. The commissioner of public welfare
16 shall have power to detain in the public home, pending a vacancy for
17 such person in a state institution, a person over the age of sixteen who
18 has been certified as mentally retarded or epileptic in accordance with
19 the provisions of the mental hygiene law and for whom an application for
20 admission to a state institution has been made. Whenever the commission-
21 er shall so detain an [inmate] incarcerated individual in the public
22 home he or she shall at once notify the state department of mental
23 hygiene.
24 § 94. Subdivisions 2, 4 and 6 of section 200 of the social services
25 law, are amended to read as follows:
26 2. utilize the labor of such of the [inmates] incarcerated individuals
27 of the public home as may in the judgment of the attending physician be
28 able to work on the farm,
29 4. sell such surplus produce and proceeds of such farm and labor as
30 may remain after the needs of the [inmates] incarcerated individuals of
31 the public home have been supplied,
32 6. keep a record of the work of the farm, including the labor of the
33 [inmates] incarcerated individuals of the public home on the farm and of
34 the produce and proceeds of the farm supplied for the use of the public
35 home, with the estimated value of such produce and proceeds,
36 § 95. Intentionally omitted.
37 § 96. Subdivision 1-a of section 366 of the social services law, as
38 amended by section 21-a of part B of chapter 59 of the laws of 2016, is
39 amended to read as follows:
40 1-a. Notwithstanding any other provision of law, in the event that a
41 person who is an [inmate] incarcerated individual of a state or local
42 correctional facility, as defined in section two of the correction law,
43 was in receipt of medical assistance pursuant to this title immediately
44 prior to being admitted to such facility, such person shall remain
45 eligible for medical assistance while an [inmate] incarcerated individ-
46 ual, except that no medical assistance shall be furnished pursuant to
47 this title for any care, services, or supplies provided during such time
48 as the person is an [inmate] incarcerated individual; provided, however,
49 that nothing herein shall be deemed as preventing the provision of
50 medical assistance for inpatient hospital services furnished to an
51 [inmate] incarcerated individual at a hospital outside of the premises
52 of such correctional facility or pursuant to other federal authority
53 authorizing the provision of medical assistance to an [inmate] incarcer-
54 ated individual of a state or local correctional facility during the
55 thirty days prior to release, to the extent that federal financial
56 participation is available for the costs of such services. Upon release
S. 3332 48
1 from such facility, such person shall continue to be eligible for
2 receipt of medical assistance furnished pursuant to this title until
3 such time as the person is determined to no longer be eligible for
4 receipt of such assistance. To the extent permitted by federal law, the
5 time during which such person is an [inmate] incarcerated individual
6 shall not be included in any calculation of when the person must recer-
7 tify his or her eligibility for medical assistance in accordance with
8 this article. The state may seek federal authority to provide medical
9 assistance for transitional services including but not limited to
10 medical, prescription, and care coordination services for high needs
11 [inmates] incarcerated individuals in state and local correctional
12 facilities during the thirty days prior to release.
13 § 97. Intentionally omitted.
14 § 98. Section 480 of the social services law is amended to read as
15 follows:
16 § 480. Labor of children not to be hired out. It shall be unlawful
17 for the trustees or managers of any house of refuge, reformatory or
18 other correctional institution, to contract, hire, or let by the day,
19 week or month, or any longer period, the services or labor of any child
20 or children, now or hereafter committed to or [inmates] incarcerated
21 individual of such institutions.
22 § 99. Section 69 of the general business law, as amended by section 1
23 of part A of chapter 62 of the laws of 2003, the second undesignated
24 paragraph as amended by section 115 of subpart B of part C of chapter 62
25 of the laws of 2011, is amended to read as follows:
26 § 69. Sale of [inmate] incarcerated individual made goods. No goods,
27 wares, or merchandise, manufactured, produced or mined wholly or in part
28 by [inmates] incarcerated individuals, except [inmates] incarcerated
29 individuals or persons on parole, probation, or release, shall be sold
30 in this state to any person, firm, association or corporation except
31 that nothing in this section shall be construed to forbid the sale of
32 such goods produced in the correctional facilities of this state to the
33 state, the government of the United States or to any state of the United
34 States, or any political subdivision thereof, or for any public institu-
35 tion owned or managed and controlled by the state, or any political
36 subdivision thereof, as provided in section one hundred eighty-four of
37 the correction law, or any public corporation or eleemosynary associ-
38 ation or corporation funded in whole or in part by any federal, state or
39 local funds, or to forbid the sale, subject to the rules and regulations
40 of the head of the department or other like governmental authority
41 having jurisdiction, of any product resulting from occupational therapy
42 within any penal or correctional institution, as provided in section one
43 hundred ninety-seven of the correction law.
44 Nothing in this section shall be construed to forbid the sale of parts
45 and components produced by [inmate] incarcerated individual labor in
46 correctional industry programs of the government of the United States or
47 any state of the United States, or any political subdivision thereof, to
48 the department of corrections and community supervision's division of
49 correctional industries for use in its manufacturing operations.
50 A violation of the provisions of this section shall constitute a
51 misdemeanor.
52 § 100. Paragraph (b) of subdivision 1 and paragraph (g) of subdivision
53 2 of section 399-ddd of the general business law, as added by chapter
54 371 of the laws of 2012, are amended to read as follows:
55 (b) For purposes of this section, the term ["inmate"] "incarcerated
56 individual" means a person confined in any local correctional facility
S. 3332 49
1 as defined in subdivision sixteen of section two of the correction law
2 or in any correctional facility as defined in paragraph (a) of subdivi-
3 sion four of section two of the correction law pursuant to such person's
4 conviction of a criminal offense.
5 (g) Knowingly use the labor or time of or employ any [inmate] incar-
6 cerated individual in this state, or in any other jurisdiction, in any
7 capacity that involves obtaining access to, collecting or processing
8 social security account numbers of other individuals.
9 § 101. Intentionally omitted.
10 § 102. Subdivision 7 of section 60.04 of the penal law, as amended by
11 section 120 of subpart B of part C of chapter 62 of the laws of 2011, is
12 amended to read as follows:
13 7. a. Shock incarceration participation. When the court imposes a
14 sentence of imprisonment which requires a commitment to the department
15 of corrections and community supervision upon a person who stands
16 convicted of a controlled substance or marihuana offense, upon motion of
17 the defendant, the court may issue an order directing that the depart-
18 ment of corrections and community supervision enroll the defendant in
19 the shock incarceration program as defined in article twenty-six-A of
20 the correction law, provided that the defendant is an eligible [inmate]
21 incarcerated individual, as described in subdivision one of section
22 eight hundred sixty-five of the correction law. Notwithstanding the
23 foregoing provisions of this subdivision, any defendant to be enrolled
24 in such program pursuant to this subdivision shall be governed by the
25 same rules and regulations promulgated by the department of corrections
26 and community supervision, including without limitation those rules and
27 regulations establishing requirements for completion and such rules and
28 regulations governing discipline and removal from the program.
29 b. (i) In the event that an [inmate] incarcerated individual desig-
30 nated by court order for enrollment in the shock incarceration program
31 requires a degree of medical care or mental health care that cannot be
32 provided at a shock incarceration facility, the department, in writing,
33 shall notify the [inmate] incarcerated individual, provide a proposal
34 describing a proposed alternative-to-shock-incarceration program, and
35 notify him or her that he or she may object in writing to placement in
36 such alternative-to-shock-incarceration program. If the [inmate] incar-
37 cerated individual objects in writing to placement in such alternative-
38 to-shock-incarceration program, the department of corrections and commu-
39 nity supervision shall notify the sentencing court, provide such
40 proposal to the court, and arrange for the [inmate's] incarcerated indi-
41 vidual's prompt appearance before the court. The court shall provide the
42 proposal and notice of a court appearance to the people, the [inmate]
43 incarcerated individual and the appropriate defense attorney. After
44 considering the proposal and any submissions by the parties, and after a
45 reasonable opportunity for the people, the [inmate] incarcerated indi-
46 vidual and counsel to be heard, the court may modify its sentencing
47 order accordingly, notwithstanding the provisions of section 430.10 of
48 the criminal procedure law.
49 (ii) An [inmate] incarcerated individual who successfully completes an
50 alternative-to-shock-incarceration program within the department of
51 corrections and community supervision shall be treated in the same
52 manner as a person who has successfully completed the shock incarcera-
53 tion program, as set forth in subdivision four of section eight hundred
54 sixty-seven of the correction law.
S. 3332 50
1 § 103. Paragraph (a) of subdivision 5 of section 60.35 of the penal
2 law, as amended by section 1 of part E of chapter 56 of the laws of
3 2004, is amended to read as follows:
4 (a) When a person who is convicted of a crime or violation and
5 sentenced to a term of imprisonment has failed to pay the mandatory
6 surcharge, sex offender registration fee, DNA databank fee, crime victim
7 assistance fee or supplemental sex offender victim fee required by this
8 section, the clerk of the court that rendered the conviction shall noti-
9 fy the superintendent or the municipal official of the facility where
10 the person is confined. The superintendent or the municipal official
11 shall cause any amount owing to be collected from such person during his
12 or her term of imprisonment from moneys to the credit of an [inmates']
13 incarcerated individuals' fund or such moneys as may be earned by a
14 person in a work release program pursuant to section eight hundred sixty
15 of the correction law. Such moneys attributable to the mandatory
16 surcharge or crime victim assistance fee shall be paid over to the state
17 comptroller to the credit of the criminal justice improvement account
18 established by section ninety-seven-bb of the state finance law and such
19 moneys attributable to the sex offender registration fee or DNA databank
20 fee shall be paid over to the state comptroller to the credit of the
21 general fund, except that any such moneys collected which are
22 surcharges, sex offender registration fees, DNA databank fees, crime
23 victim assistance fees or supplemental sex offender victim fees levied
24 in relation to convictions obtained in a town or village justice court
25 shall be paid within thirty days after the receipt thereof by the super-
26 intendent or municipal official of the facility to the justice of the
27 court in which the conviction was obtained. For the purposes of collect-
28 ing such mandatory surcharge, sex offender registration fee, DNA data-
29 bank fee, crime victim assistance fee, and supplemental sex offender
30 victim fee, the state shall be legally entitled to the money to the
31 credit of an [inmates'] incarcerated individuals' fund or money which is
32 earned by an [inmate] incarcerated individual in a work release
33 program. For purposes of this subdivision, the term "[inmates'] incar-
34 cerated individuals' fund" shall mean moneys in the possession of an
35 [inmate] incarcerated individual at the time of his or her admission
36 into such facility, funds earned by him or her as provided for in
37 section one hundred eighty-seven of the correction law and any other
38 funds received by him or her or on his or her behalf and deposited with
39 such superintendent or municipal official.
40 § 103-a. Subdivision 5 of section 60.35 of the penal law, as amended
41 by section 2 of part E of chapter 56 of the laws of 2004, is amended to
42 read as follows:
43 5. When a person who is convicted of a crime or violation and
44 sentenced to a term of imprisonment has failed to pay the mandatory
45 surcharge, sex offender registration fee, DNA databank fee, crime victim
46 assistance fee or supplemental sex offender victim fee required by this
47 section, the clerk of the court that rendered the conviction shall noti-
48 fy the superintendent or the municipal official of the facility where
49 the person is confined. The superintendent or the municipal official
50 shall cause any amount owing to be collected from such person during his
51 or her term of imprisonment from moneys to the credit of an [inmates']
52 incarcerated individuals' fund or such moneys as may be earned by a
53 person in a work release program pursuant to section eight hundred sixty
54 of the correction law. Such moneys attributable to the mandatory
55 surcharge or crime victim assistance fee shall be paid over to the state
56 comptroller to the credit of the criminal justice improvement account
S. 3332 51
1 established by section ninety-seven-bb of the state finance law and such
2 moneys attributable to the sex offender registration fee or DNA databank
3 fee shall be paid over to the state comptroller to the credit of the
4 general fund, except that any such moneys collected which are
5 surcharges, sex offender registration fees, DNA databank fees, crime
6 victim assistance fees or supplemental sex offender victim fees levied
7 in relation to convictions obtained in a town or village justice court
8 shall be paid within thirty days after the receipt thereof by the super-
9 intendent or municipal official of the facility to the justice of the
10 court in which the conviction was obtained. For the purposes of collect-
11 ing such mandatory surcharge, sex offender registration fee, DNA data-
12 bank fee, crime victim assistance fee and supplemental sex offender
13 victim fee, the state shall be legally entitled to the money to the
14 credit of an [inmates'] incarcerated individuals' fund or money which is
15 earned by an [inmate] incarcerated individual in a work release program.
16 For purposes of this subdivision, the term "[inmates'] incarcerated
17 individuals' fund" shall mean moneys in the possession of an [inmate]
18 incarcerated individual at the time of his or her admission into such
19 facility, funds earned by him or her as provided for in section one
20 hundred eighty-seven of the correction law and any other funds received
21 by him or her or on his or her behalf and deposited with such super-
22 intendent or municipal official.
23 § 104. Paragraph (d) of subdivision 1 of section 70.20 of the penal
24 law, as amended by section 124 of subpart B of part C of chapter 62 of
25 the laws of 2011, is amended to read as follows:
26 (d) Nothing in this subdivision shall preclude a parent or legal guar-
27 dian of an [inmate] incarcerated individual who is not yet eighteen
28 years of age from making a motion on notice to the department of
29 corrections and community supervision pursuant to article twenty-two of
30 the civil practice law and rules and section one hundred forty of the
31 correction law, objecting to routine medical, dental or mental health
32 services and treatment being provided to such [inmate] incarcerated
33 individual under the provisions of paragraph (b) of this subdivision.
34 § 104-a. Paragraph (d) of subdivision 1 of section 70.20 of the penal
35 law, as amended by section 125 of subpart B of part C of chapter 62 of
36 the laws of 2011, is amended to read as follows:
37 (d) Nothing in this subdivision shall preclude a parent or legal guar-
38 dian of an [inmate] incarcerated individual who is not yet eighteen
39 years of age from making a motion on notice to the department of
40 corrections and community supervision pursuant to article twenty-two of
41 the civil practice law and rules and section one hundred forty of the
42 correction law, objecting to routine medical, dental or mental health
43 services and treatment being provided to such [inmate] incarcerated
44 individual under the provisions of paragraph (b) of this subdivision.
45 § 105. Paragraphs (e) and (f) of subdivision 3 of section 130.05 of
46 the penal law, paragraph (e) as amended by chapter 205 of the laws of
47 2011 and paragraph (f) as amended by section 127-q of subpart B of part
48 C of chapter 62 of the laws of 2011, are amended to read as follows:
49 (e) committed to the care and custody or supervision of the state
50 department of corrections and community supervision or a hospital, as
51 such term is defined in subdivision two of section four hundred of the
52 correction law, and the actor is an employee who knows or reasonably
53 should know that such person is committed to the care and custody or
54 supervision of such department or hospital. For purposes of this para-
55 graph, "employee" means (i) an employee of the state department of
56 corrections and community supervision who, as part of his or her employ-
S. 3332 52
1 ment, performs duties: (A) in a state correctional facility in which the
2 victim is confined at the time of the offense consisting of providing
3 custody, medical or mental health services, counseling services, educa-
4 tional programs, vocational training, institutional parole services or
5 direct supervision to [inmates] incarcerated individuals; or
6 (B) of supervising persons released on community supervision and
7 supervises the victim at the time of the offense or has supervised the
8 victim and the victim is still under community supervision at the time
9 of the offense; or
10 (ii) an employee of the office of mental health who, as part of his or
11 her employment, performs duties in a state correctional facility or
12 hospital, as such term is defined in subdivision two of section four
13 hundred of the correction law in which the [inmate] incarcerated indi-
14 vidual is confined at the time of the offense, consisting of providing
15 custody, medical or mental health services, or direct supervision to
16 such [inmates] incarcerated individuals; or
17 (iii) a person, including a volunteer, providing direct services to
18 [inmates] incarcerated individuals in a state correctional facility in
19 which the victim is confined at the time of the offense pursuant to a
20 contractual arrangement with the state department of corrections and
21 community supervision or, in the case of a volunteer, a written agree-
22 ment with such department, provided that the person received written
23 notice concerning the provisions of this paragraph; or
24 (f) committed to the care and custody of a local correctional facili-
25 ty, as such term is defined in subdivision two of section forty of the
26 correction law, and the actor is an employee, not married to such
27 person, who knows or reasonably should know that such person is commit-
28 ted to the care and custody of such facility. For purposes of this para-
29 graph, "employee" means an employee of the local correctional facility
30 where the person is committed who performs professional duties consist-
31 ing of providing custody, medical or mental health services, counseling
32 services, educational services, or vocational training for [inmates]
33 incarcerated individuals. For purposes of this paragraph, "employee"
34 shall also mean a person, including a volunteer or a government employee
35 of the state department of corrections and community supervision or a
36 local health, education or probation agency, providing direct services
37 to [inmates] incarcerated individuals in the local correctional facility
38 in which the victim is confined at the time of the offense pursuant to a
39 contractual arrangement with the local correctional department or, in
40 the case of such a volunteer or government employee, a written agreement
41 with such department, provided that such person received written notice
42 concerning the provisions of this paragraph; or
43 § 106. Section 240.32 of the penal law, as amended by section 127-p of
44 the subpart B of part C of chapter 62 of the laws of 2011, the opening
45 paragraph as amended by chapter 180 of the laws of 2013, is amended to
46 read as follows:
47 § 240.32 Aggravated harassment of an employee by an [inmate] incarcerat-
48 ed individual.
49 An [inmate] incarcerated individual or respondent is guilty of aggra-
50 vated harassment of an employee by an [inmate] incarcerated individual
51 when, with intent to harass, annoy, threaten or alarm a person in a
52 facility whom he or she knows or reasonably should know to be an employ-
53 ee of such facility or the board of parole or the office of mental
54 health, or a probation department, bureau or unit or a police officer,
55 he or she causes or attempts to cause such employee to come into contact
S. 3332 53
1 with blood, seminal fluid, urine, feces, or the contents of a toilet
2 bowl, by throwing, tossing or expelling such fluid or material.
3 For purposes of this section, ["inmate"] "incarcerated individual"
4 means an [inmate] incarcerated individual or detainee in a correctional
5 facility, local correctional facility or a hospital, as such term is
6 defined in subdivision two of section four hundred of the correction
7 law. For purposes of this section, "respondent" means a juvenile in a
8 secure facility operated and maintained by the office of children and
9 family services who is placed with or committed to the office of chil-
10 dren and family services. For purposes of this section, "facility" means
11 a correctional facility or local correctional facility, hospital, as
12 such term is defined in subdivision two of section four hundred of the
13 correction law, or a secure facility operated and maintained by the
14 office of children and family services.
15 Aggravated harassment of an employee by an [inmate] incarcerated indi-
16 vidual is a class E felony.
17 § 107. Subdivisions 8, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29 and 30
18 of section 2 of the correction law, subdivision 8 as amended by chapter
19 567 of the laws of 1972, subdivision 17 as added by chapter 338 of the
20 laws of 1989, subdivision 18 as amended by section 1-a of subpart A of
21 part C of chapter 62 of the laws of 2011, subdivision 19 as amended by
22 chapter 63 of the laws of 1994, subdivisions 21, 23, 24, 26, 27, 28, 29
23 and 30 as added by chapter 1 of the laws of 2008, are amended to read as
24 follows:
25 8. "Correctional Camp". A correctional facility consisting of a camp
26 maintained for the purpose of including conservation work in the program
27 of [inmates] incarcerated individuals.
28 17. "Alcohol and substance abuse treatment facility." A correctional
29 facility designed to house medium security [inmates] incarcerated indi-
30 viduals as defined by department rules and regulations and operated for
31 the purpose of providing intensive alcohol and substance abuse treatment
32 services. Such services shall ensure comprehensive treatment for alco-
33 holism and substance abuse to [inmates] incarcerated individuals who
34 have been identified by the commissioner or his or her designee as
35 having had or presently having a history of alcoholism or substance
36 abuse. Such services shall be provided in the facility in accordance
37 with minimum standards promulgated by the department after consultation
38 with the [division] office of alcoholism and [alcohol abuse and the
39 division of] substance abuse services.
40 18. "Alcohol and substance abuse treatment correctional annex." A
41 medium security correctional facility consisting of one or more residen-
42 tial dormitories, which provide intensive alcohol and substance abuse
43 treatment services to [inmates] incarcerated individuals who: (i) are
44 otherwise eligible for temporary release, or (ii) stand convicted of a
45 felony defined in article two hundred twenty or two hundred twenty-one
46 of the penal law, and are within six months of being an eligible
47 [inmate] incarcerated individual as that term is defined in subdivision
48 two of section eight hundred fifty-one of this chapter including such
49 [inmates] incarcerated individuals who are participating in such program
50 pursuant to subdivision six of section 60.04 of the penal law. Notwith-
51 standing the foregoing provisions of this subdivision, any [inmate]
52 incarcerated individual to be enrolled in this program pursuant to
53 subdivision six of section 60.04 of the penal law shall be governed by
54 the same rules and regulations promulgated by the department, including
55 without limitation those rules and regulations establishing requirements
56 for completion and those rules and regulations governing discipline and
S. 3332 54
1 removal from the program. No such period of court ordered corrections
2 based drug abuse treatment pursuant to this subdivision shall be
3 required to extend beyond the defendant's conditional release date. Such
4 treatment services may be provided by one or more outside service
5 providers pursuant to contractual agreements with the department,
6 provided, however, that any such provider shall be required to continue
7 to provide, either directly or through formal or informal agreement with
8 other providers, alcohol and substance abuse treatment services to
9 [inmates] incarcerated individuals who have successfully participated in
10 such provider's incarcerative treatment services and who have been
11 presumptively released, paroled, conditionally released or released to
12 post release supervision under the supervision of the department and who
13 are, as a condition of such release, required to participate in alcohol
14 or substance abuse treatment. Such incarcerative services shall be
15 provided in the facility in accordance with minimum standards promulgat-
16 ed by the department after consultation with the office of alcoholism
17 and substance abuse services. Such services to parolees shall be
18 provided in accordance with standards promulgated by the department
19 after consultation with the office of alcoholism and substance abuse
20 services. Notwithstanding any other provision of law, any person who has
21 successfully completed no less than six months of intensive alcohol and
22 substance abuse treatment services in one of the department's eight
23 designated alcohol and substance abuse treatment correctional annexes
24 having a combined total capacity of two thousand five hundred fifty beds
25 may be transferred to a program operated by or at a residential treat-
26 ment facility, provided however, that a person under a determinate
27 sentence as a second felony drug offender for a class B felony offense
28 defined in article two hundred twenty of the penal law, who was
29 sentenced pursuant to section 70.70 of such law, shall not be eligible
30 to be transferred to a program operated at a residential treatment
31 facility until the time served under imprisonment for his or her deter-
32 minate sentence, including any jail time credited pursuant to subdivi-
33 sion three of section 70.30 of the penal law, shall be at least nine
34 months. The commissioner shall report annually to the temporary presi-
35 dent of the senate and the speaker of the assembly commencing January
36 first, two thousand twelve the number of [inmates] incarcerated individ-
37 uals received by the department during the reporting period who are
38 subject to a sentence which includes enrollment in substance abuse
39 treatment in accordance with subdivision six of section 60.04 of the
40 penal law, the number of such [inmates] incarcerated individuals who are
41 not placed in such treatment program and the reasons for such occur-
42 rences.
43 19. "Vocational and skills training facility" means a correctional
44 facility designated by the commissioner to provide a vocational and
45 skills training program ("VAST") to [inmates] incarcerated individuals
46 who need such service before they participate in a work release program.
47 The VAST facility shall provide intensive assessment, counseling, job
48 search assistance and where appropriate academic and vocational instruc-
49 tion to program participants. Such assistance may include an assessment
50 of any [inmate's] incarcerated individual's education attainment level
51 and skills aptitudes; career counseling and exploration; the development
52 of a comprehensive instructional plan including identification of educa-
53 tional and training needs that may extend beyond the date of entry into
54 work release; instructional programs including GED preparation or post-
55 secondary instruction as appropriate; occupational skills training; life
56 skills training; employment readiness including workplace behavior; and
S. 3332 55
1 job search assistance. The department and the department of labor shall
2 jointly develop activities providing career counseling, job search
3 assistance, and job placement services for participants. Nothing
4 contained in this section shall be deemed to modify the eligibility
5 requirements provided by law applicable to [inmates] incarcerated indi-
6 viduals participating in a work release program.
7 21. "Residential mental health treatment unit" means housing for
8 [inmates] incarcerated individuals with serious mental illness that is
9 operated jointly by the department and the office of mental health and
10 is therapeutic in nature. Such units shall not be operated as discipli-
11 nary housing units, and decisions about treatment and conditions of
12 confinement shall be made based upon a clinical assessment of the thera-
13 peutic needs of the [inmate] incarcerated individual and maintenance of
14 adequate safety and security on the unit. Such units shall include, but
15 not be limited to, the residential mental health unit model, the behav-
16 ioral health unit model, the intermediate care program and the intensive
17 intermediate care program. The models shall be defined in regulations
18 promulgated by the department in consultation with the commissioner of
19 mental health consistent with this subdivision and section four hundred
20 one of this chapter. [Inmates] Incarcerated individuals placed in a
21 residential mental health treatment unit shall be offered at least four
22 hours a day of structured out-of-cell therapeutic programming and/or
23 mental health treatment, except on weekends or holidays, in addition to
24 exercise, and may be provided with additional out-of-cell activities as
25 are consistent with their mental health needs; provided, however, that
26 the department may maintain no more than thirty-eight behavioral health
27 unit beds in which the number of hours of out-of-cell structured thera-
28 peutic programming and/or mental health treatment offered to [inmates]
29 incarcerated individuals on a daily basis, except on weekends or holi-
30 days, may be limited to only two hours. Out-of-cell therapeutic program-
31 ming and/or mental health treatment need not be provided to an [inmate]
32 incarcerated individual for a brief orientation period following his or
33 her arrival at a residential mental health treatment unit. The length of
34 such orientation period shall be determined by a mental health clinician
35 but in no event shall be longer than five business days.
36 23. "Segregated confinement" means the disciplinary confinement of an
37 [inmate] incarcerated individual in a special housing unit or in a sepa-
38 rate keeplock housing unit. Special housing units and separate keeplock
39 units are housing units that consist of cells grouped so as to provide
40 separation from the general population, and may be used to house
41 [inmates] incarcerated individuals confined pursuant to the disciplinary
42 procedures described in regulations.
43 24. "Joint case management committee" means a committee composed of
44 staff from the department and the office of mental health. Such a
45 committee shall be established at each level one and level two facility.
46 Each committee shall consist of at least two clinical staff of the
47 office of mental health and two officials of the department. The purpose
48 of such committee shall be to review, monitor and coordinate the behav-
49 ior and treatment plan of any [inmate] incarcerated individual who is
50 placed in segregated confinement or a residential mental health treat-
51 ment unit and who is receiving services from the office of mental
52 health.
53 26. "Treatment team" means a team consisting of an equal number of
54 individuals from the department and the office of mental health who are
55 assigned to a residential mental health treatment unit and who will
56 review and determine each [inmate's] incarcerated individual's appropri-
S. 3332 56
1 ateness for movement through the various program phases, when applica-
2 ble. The treatment team shall also review, monitor and coordinate the
3 treatment plans for all [inmate] incarcerated individual participants.
4 27. "Level one facility" means a correctional facility at which staff
5 from the office of mental health are assigned on a full-time basis and
6 able to provide treatment to [inmates] incarcerated individuals with a
7 major mental disorder. The array of available specialized services
8 include: residential crisis treatment, residential day treatment, medi-
9 cation monitoring by psychiatric nursing staff, and potential commitment
10 to the central New York Psychiatric Center.
11 28. "Level two facility" means a correctional facility at which staff
12 from the office of mental health are assigned on a full-time basis and
13 able to provide treatment to [inmates] incarcerated individuals with a
14 major mental disorder, but such disorder is not as acute as that of
15 [inmates] incarcerated individuals who require placement at a level one
16 facility.
17 29. "Level three facility" means a correctional facility at which
18 staff from the office of mental health are assigned on a part-time basis
19 and able to provide treatment and medication to [inmates] incarcerated
20 individuals who either have a moderate mental disorder, or who are in
21 remission from a disorder, and who are determined by staff of the office
22 of mental health to be able to function adequately in the facility with
23 such level of staffing.
24 30. "Level four facility" means a correctional facility at which staff
25 from the office of mental health are assigned on a part-time basis and
26 able to provide treatment to [inmates] incarcerated individuals who may
27 require limited intervention, excluding psychiatric medications.
28 § 107-a. Subdivision 18 of section 2 of the correction law, as amended
29 by section 2 of subpart A of part C of chapter 62 of the laws of 2011,
30 is amended to read as follows:
31 18. "Alcohol and substance abuse treatment correctional annex." A
32 medium security correctional facility consisting of one or more residen-
33 tial dormitories which provide intensive alcohol and substance abuse
34 treatment services to [inmates] incarcerated individuals who: (i) are
35 otherwise eligible for temporary release, or (ii) stand convicted of a
36 felony defined in article two hundred twenty or two hundred twenty-one
37 of the penal law, and are within six months of being an eligible
38 [inmate] incarcerated individual as that term is defined in subdivision
39 two of section eight hundred fifty-one of this chapter including such
40 [inmates] incarcerated individuals who are participating in such program
41 pursuant to subdivision six of section 60.04 of the penal law. Notwith-
42 standing the foregoing provisions of this subdivision, any [inmate]
43 incarcerated individual to be enrolled in this program pursuant to
44 subdivision six of section 60.04 of the penal law shall be governed by
45 the same rules and regulations promulgated by the department, including
46 without limitation those rules and regulations establishing requirements
47 for completion and those rules and regulations governing discipline and
48 removal from the program. No such period of court ordered corrections
49 based drug abuse treatment pursuant to this subdivision shall be
50 required to extend beyond the defendant's conditional release date. Such
51 treatment services may be provided by one or more outside service
52 providers pursuant to contractual agreements with the department,
53 provided, however, that any such provider shall be required to continue
54 to provide, either directly or through formal or informal agreement with
55 other providers, alcohol and substance abuse treatment services to
56 [inmates] incarcerated individuals who have successfully participated in
S. 3332 57
1 such provider's incarcerative treatment services and who have been
2 presumptively released, paroled, conditionally released or released to
3 post release supervision under the supervision of the department and who
4 are, as a condition of such release, required to participate in alcohol
5 or substance abuse treatment. Such incarcerative services shall be
6 provided in the facility in accordance with minimum standards promulgat-
7 ed by the department after consultation with the office of alcoholism
8 and substance abuse services. Such services to parolees shall be
9 provided in accordance with standards promulgated by the department
10 after consultation with the office of alcoholism and substance abuse
11 services. The commissioner shall report annually to the majority leader
12 of the senate and the speaker of the assembly commencing January first,
13 two thousand twelve the number of [inmates] incarcerated individuals
14 received by the department during the reporting period who are subject
15 to a sentence which includes enrollment in substance abuse treatment in
16 accordance with subdivision six of section 60.04 of the penal law, the
17 number of such [inmates] incarcerated individuals who are not placed in
18 such treatment program and the reasons for such occurrences.
19 § 108. The section heading of section 9 of the correction law, as
20 added by section 2 of part OO of chapter 56 of the laws of 2010, is
21 amended to read as follows:
22 Access to [inmate] information of incarcerated individuals via the
23 internet.
24 § 109. Subdivision 1 of section 10 of the correction law, as added by
25 section 8 of subpart A of part C of chapter 62 of the laws of 2011, is
26 amended to read as follows:
27 1. Employees in the department who perform the duties of supervising
28 [inmates] incarcerated individuals released on community supervision
29 shall be parole officers.
30 § 110. Section 15-c of the correction law, as added by chapter 647 of
31 the laws of 1966, is amended to read as follows:
32 § 15-c. Acceptance of grants or gifts. The commissioner, with the
33 approval of the governor, may accept as agent of the state any grant,
34 including federal grants, or any gift for any of the purposes of this
35 article. Any moneys so received may be expended by the department to
36 develop and promote programs for the study and treatment of crime and
37 delinquency, education and training of [inmates] incarcerated individ-
38 uals, staff improvement, research and evaluation, improvement of facili-
39 ties, or any other lawful purpose, subject to the same limitations as to
40 approval of expenditures and audit as are prescribed for state moneys
41 appropriated for the purpose of this article.
42 § 111. Section 16 of the correction law, as amended by chapter 447 of
43 the laws of 2016, is amended to read as follows:
44 § 16. Expense of autopsy; state charge. 1. The reasonable expense of
45 any inquiry, autopsy, examination or report prepared thereon conducted
46 by a coroner, coroner's physician or medical examiner as required by law
47 with respect to any death occurring to an [inmate] incarcerated individ-
48 ual of an institution operated by the department shall, to the extent
49 not otherwise reimbursed by the state, be a state charge. Reimbursement
50 of such expense shall be made on vouchers submitted annually and certi-
51 fied by the chief fiscal officer of the county or city as the case may
52 be on the audit and warrant of the comptroller.
53 2. The department shall acquire a preliminary or final death certif-
54 icate for such [inmate] incarcerated individual from a coroner,
55 coroner's physician or medical examiner and forward such original death
56 certificate to the next of kin.
S. 3332 58
1 § 112. Subdivision 1 of section 18 of the correction law, as amended
2 by section 10 of subpart A of part C of chapter 62 of the laws of 2011,
3 is amended to read as follows:
4 1. Each correctional facility shall have a superintendent who shall be
5 appointed by the commissioner. Each such superintendent shall be in the
6 non-competitive-confidential class but shall be appointed from employees
7 of the department who have at least three years of experience in correc-
8 tional work in the department and (i) who have a permanent civil service
9 appointment of salary grade twenty-seven or higher or who have a salary
10 equivalent to a salary grade of twenty-seven or higher for correctional
11 facilities with an [inmate] incarcerated individual population capacity
12 of four hundred or more [inmates] incarcerated individuals, or (ii) who
13 have a permanent civil service appointment of salary grade twenty-three
14 or higher or who have a salary equivalent to a salary grade of twenty-
15 three or higher for correctional facilities with an [inmate] incarcerat-
16 ed individual population capacity of fewer than four hundred [inmates]
17 incarcerated individuals; provided that for correctional facilities of
18 either capacity, the employee shall be appointed superintendent at the
19 hiring rate set forth in section nineteen of this article or such other
20 rate as may be appropriate, subject to the approval of the director of
21 the budget; provided that in no event shall the salary upon appointment
22 exceed the job rate. Such superintendents shall serve at the pleasure of
23 the commissioner and shall have such other qualifications as may be
24 prescribed by the commissioner, based on differences in duties, levels
25 of responsibility, size and character of the correctional facility,
26 knowledge, skills and abilities required, and other factors affecting
27 the position.
28 § 113. Paragraphs a and b of subdivision 1 of section 19 of the
29 correction law, as amended by section 2 of part D of chapter 24 of the
30 laws of 2019, are amended to read as follows:
31 a. The salary schedule for superintendents of a correctional facility
32 with an [inmate] incarcerated individual population capacity of four
33 hundred or more [inmates] incarcerated individuals shall be as follows:
34 Effective April first, two thousand sixteen:
35 Hiring Rate Job Rate
36 $116,937 $159,580
37 Effective April first, two thousand seventeen:
38 Hiring Rate Job Rate
39 $121,661 $166,027
40 Effective April first, two thousand eighteen:
41 Hiring Rate Job Rate
42 $125,335 $171,041
43 Effective April first, two thousand nineteen:
44 Hiring Rate Job Rate
45 $127,842 $174,462
46 Effective April first, two thousand twenty:
47 Hiring Rate Job Rate
48 $130,399 $177,951
49 b. The salary schedule for superintendents of correctional facilities
50 with an [inmate] incarcerated individual population capacity of fewer
51 than four hundred [inmates] incarcerated individuals shall be as
52 follows:
53 Effective April first, two thousand sixteen:
54 Hiring Rate Job Rate
55 $90,935 $114,914
56 Effective April first, two thousand seventeen:
S. 3332 59
1 Hiring Rate Job Rate
2 $94,609 $119,557
3 Effective April first, two thousand eighteen:
4 Hiring Rate Job Rate
5 $97,466 $123,168
6 Effective April first, two thousand nineteen:
7 Hiring Rate Job Rate
8 $99,415 $125,631
9 Effective April first, two thousand twenty:
10 Hiring Rate Job Rate
11 $101,403 $128,144
12 § 114. Subdivision 2 of section 22 of the correction law, as amended
13 by chapter 829 of the laws of 1975, is amended to read as follows:
14 2. Accepts a present from a contractor or contractor's agent, directly
15 or indirectly, or employs the labor of an [inmate] incarcerated individ-
16 ual or another person employed in such institution on any work for the
17 private benefit of such commissioner, superintendent, officer or employ-
18 ee, is guilty of a misdemeanor.
19 § 115. Section 23 of the correction law, as amended by section 5 of
20 subpart B of part C of chapter 62 of the laws of 2011, subdivision 1 as
21 amended by chapter 254 of the laws of 2017, is amended to read as
22 follows:
23 § 23. Transfer of [inmates] incarcerated individuals from one correc-
24 tional facility to another; treatment in outside hospitals. 1. The
25 commissioner shall have the power to transfer [inmates] incarcerated
26 individuals from one correctional facility to another. Whenever the
27 transfer of [inmates] incarcerated individuals from one correctional
28 facility to another shall be ordered by the commissioner, the super-
29 intendent of the facility from which the [inmates] incarcerated individ-
30 uals are transferred shall take immediate steps to make the transfer.
31 The transfer shall be in accordance with rules and regulations promul-
32 gated by the department for the safe delivery of such [inmates] incar-
33 cerated individuals to the designated facility. Within twenty-four hours
34 of arriving at the facility to which an [inmate] incarcerated individual
35 is transferred, he or she shall be allowed to make at least one personal
36 phone call, except when to do so would create an unacceptable risk to
37 the safety and security of [inmates] incarcerated individuals or staff.
38 If security precautions prevent the [inmate] incarcerated individual
39 from making such call, a staff member designated by the superintendent
40 of the facility shall make a call to a person of the [inmate's] incar-
41 cerated individual's choice unless the [inmate] incarcerated individual
42 declines to have such a call made.
43 2. The commissioner, in his or her discretion, may by written order
44 permit [inmates] incarcerated individuals to receive medical diagnosis
45 and treatment in outside hospitals, upon the recommendation of the
46 superintendent or director that such outside treatment or diagnosis is
47 necessary by reason of inadequate facilities within the institution.
48 Such [inmates] incarcerated individuals shall remain under the jurisdic-
49 tion and in the custody of the department while in said outside hospital
50 and said superintendent or director shall enforce proper measures in
51 each case to safely maintain such jurisdiction and custody.
52 3. The cost of transporting [inmates] incarcerated individuals between
53 facilities and to outside hospitals shall be paid from funds appropri-
54 ated to the department for such purpose.
55 § 116. Section 24-a of the correction law, as amended by chapter 481
56 of the laws of 1992, is amended to read as follows:
S. 3332 60
1 § 24-a. Actions against persons rendering health care services at the
2 request of the department; defense and indemnification. The provisions
3 of section seventeen of the public officers law shall apply to any
4 person holding a license to practice a profession pursuant to article
5 one hundred thirty-one, one hundred thirty-one-B, one hundred thirty-
6 two, one hundred thirty-three, one hundred thirty-six, one hundred thir-
7 ty-seven, one hundred thirty-nine, one hundred forty-one, one hundred
8 forty-three, one hundred fifty-six or one hundred fifty-nine of the
9 education law, who is rendering or has rendered professional services
10 authorized under such license while acting at the request of the depart-
11 ment or a facility of the department in providing health care and treat-
12 ment or professional consultation to [inmates] incarcerated individuals
13 of state correctional facilities, or to the infant children of [inmates]
14 incarcerated individuals while such infants are cared for in facility
15 nurseries pursuant to section six hundred eleven of this chapter, with-
16 out regard to whether such health care and treatment or professional
17 consultation is provided within or without a correctional facility.
18 § 117. Section 25 of the correction law, as amended by chapter 476 of
19 the laws of 2018, is amended to read as follows:
20 § 25. Mutual assistance by institutional and local fire fighting
21 facilities. In cooperation with the development and operation of plans
22 for mutual aid in cases of fire and other public emergencies, the warden
23 or superintendent of any state institution in the department, with the
24 approval of the commissioner, may authorize the fire department of the
25 institution to furnish aid to such territory surrounding the institution
26 as may be practical in cases of fire and such emergencies, having due
27 regard to the safety of the [inmates] incarcerated individuals and prop-
28 erty of the institution and to engage in practice and training programs
29 in connection with the development and operation of such mutual aid
30 plans. Any lawfully organized fire-fighting forces or firefighters from
31 such surrounding territory may enter upon the grounds of the institution
32 to furnish aid in cases of fire and such emergencies.
33 § 118. Section 26 of the correction law, as amended by chapter 487 of
34 the laws of 1994, is amended to read as follows:
35 § 26. Establishment of commissaries or canteens in correctional insti-
36 tutions. The commissioner may authorize the head of any institution in
37 the department to establish a commissary or a canteen in such institu-
38 tion for the use and benefit of [inmates] incarcerated individuals. The
39 moneys received by the head of the institution as profits from the sales
40 of the commissary or canteen shall be deposited in a special fund to be
41 known as the commissary or canteen fund and such funds shall be used for
42 the general purposes of the institution subject to the provisions of
43 section fifty-three of the state finance law.
44 § 119. Subdivisions 1 and 4 of section 29 of the correction law,
45 subdivision 1 as amended by chapter 485 of the laws of 2019 and subdivi-
46 sion 4 as amended by section 1 of part U of chapter 55 of the laws of
47 2012, are amended to read as follows:
48 1. The department shall continue to collect, maintain, and analyze
49 statistical and other information and data with respect to persons
50 subject to the jurisdiction of the department, including but not limited
51 to: (a) the number of such persons: placed in the custody of the depart-
52 ment, assigned to a specific department program, accorded community
53 supervision and declared delinquent, recommitted to a state correctional
54 institution upon revocation of community supervision, or discharged upon
55 maximum expiration of sentence; (b) the criminal history of such
56 persons; (c) the social, educational, and vocational circumstances of
S. 3332 61
1 any such persons; (d) the institutional and community supervision
2 programs and the behavior of such persons; and, (e) the military back-
3 ground and circumstances, if such person served in the United States
4 armed forces. Provided, however, in the event any statistical informa-
5 tion on the ethnic background of the [inmate] incarcerated individual
6 population of a correctional facility or facilities is collected by the
7 department, such statistical information shall contain, but not be
8 limited to, the following ethnic categories: (i) Caucasian; (ii) Asian;
9 (iii) American Indian; (iv) Afro-American/Black; and (v) Spanish
10 speaking/Hispanic which category shall include, but not be limited to,
11 the following subcategories consisting of: (1) Puerto Ricans; (2)
12 Cubans; (3) Dominicans; and (4) other Hispanic nationalities.
13 4. (a) The commissioner shall provide an annual report to the legisla-
14 ture on the staffing of correction officers and correction sergeants in
15 state correctional facilities. Such report shall include, but not be
16 limited to the following factors: the number of security posts on the
17 current plot plan for each facility that have been closed on a daily
18 basis, by correctional facility security classification (minimum, medium
19 and maximum); the number of security positions eliminated by correction-
20 al facility since two thousand compared to the number of [inmates]
21 incarcerated individuals incarcerated in each such facility; a breakdown
22 by correctional facility security classification (minimum, medium, and
23 maximum) of the staff hours of overtime worked, by year since two thou-
24 sand and the annual aggregate costs related to this overtime. In addi-
25 tion, such report shall be delineated by correctional facility security
26 classification, the annual number of security positions eliminated, the
27 number of closed posts and amount of staff hours of overtime accrued as
28 well as the overall overtime expenditures that resulted. Such report
29 shall be provided to the chairs of the senate finance, assembly ways and
30 means, senate crime and corrections and assembly correction committees,
31 and posted on the department's website, annually by February first.
32 (b) Such report shall also include but not be limited to: the total
33 number of correctional facilities in operation which are maintained by
34 the department, the security level of each facility, the number of beds
35 at each facility as of December thirty-first of the prior year, as clas-
36 sified by the department, and the number of empty beds, if any, by such
37 classification as of such date.
38 § 120. Paragraph 1 of subdivision (a) of section 42 of the correction
39 law, as amended by chapter 490 of the laws of 2019, is amended to read
40 as follows:
41 1. There shall be within the commission a citizen's policy and
42 complaint review council. It shall consist of nine persons to be
43 appointed by the governor, by and with the advice and consent of the
44 senate. One person so appointed shall have served in the armed forces of
45 the United States in any foreign war, conflict or military occupation,
46 who (i) was discharged therefrom under other than dishonorable condi-
47 tions, or (ii) has a qualifying condition, as defined in section three
48 hundred fifty of the executive law, and has received a discharge other
49 than bad conduct or dishonorable from such service, or (iii) is a
50 discharged LGBT veteran, as defined in section three hundred fifty of
51 the executive law, and has received a discharge other than bad conduct
52 or dishonorable from such service, or shall be a duly licensed mental
53 health professional who has professional experience or training with
54 regard to post-traumatic stress syndrome. One person so appointed shall
55 be an attorney admitted to practice in this state. One person so
56 appointed shall be a former [inmate] incarcerated individual of a
S. 3332 62
1 correctional facility. One person so appointed shall be a former
2 correction officer. One person so appointed shall be a former resident
3 of a division for youth secure center or a health care professional duly
4 licensed to practice in this state. One person so appointed shall be a
5 former employee of the office of children and family services who has
6 directly supervised youth in a secure residential center operated by
7 such office. In addition, the governor shall designate one of the full-
8 time members other than the chairman of the commission as chairman of
9 the council to serve as such at the pleasure of the governor.
10 § 121. Subdivisions 3, 4, 5, 7, 10 and 17 of section 45 of the
11 correction law, subdivision 3 as amended by section 1 of part Q of chap-
12 ter 56 of the laws of 2009, subdivision 4 as amended by section 15 of
13 subpart A of part C of chapter 62 of the laws of 2011, subdivisions 5
14 and 7 as added by chapter 865 of the laws of 1975, subdivision 10 as
15 amended by section 7 of part Q of chapter 56 of the laws of 2009 and
16 subdivision 17 as added by chapter 573 of the laws of 2011, are amended
17 to read as follows:
18 3. Except in circumstances involving health, safety or alleged
19 violations of established standards of the commission, visit, and
20 inspect correctional facilities consistent with a schedule determined by
21 the chairman of the commission, taking into consideration available
22 resources, workload and staffing, and appraise the management of such
23 correctional facilities with specific attention to matters such as safe-
24 ty, security, health of [inmates] incarcerated individuals, sanitary
25 conditions, rehabilitative programs, disturbance and fire prevention and
26 control preparedness, and adherence to laws and regulations governing
27 the rights of [inmates] incarcerated individuals.
28 4. Establish procedures to assure effective investigation of griev-
29 ances of, and conditions affecting, [inmates] incarcerated individuals
30 of local correctional facilities. Such procedures shall include but not
31 be limited to receipt of written complaints, interviews of persons, and
32 on-site monitoring of conditions. In addition, the commission shall
33 establish procedures for the speedy and impartial review of grievances
34 referred to it by the commissioner of the department of corrections and
35 community supervision.
36 5. Ascertain and recommend such system of employing [inmates] incar-
37 cerated individuals of correctional facilities as may, in the opinion of
38 said commission, be for the best interest of the public and of said
39 [inmates] incarcerated individuals and not in conflict with the
40 provisions of the constitution or laws of the state relating to the
41 employment of [inmates] incarcerated individuals.
42 7. Place such members of its staff as it deems appropriate as monitors
43 in any local correctional facility which, in the judgment of the commis-
44 sion, presents an imminent danger to the health, safety or security of
45 the [inmates] incarcerated individuals or employees of such correctional
46 facility or of the public.
47 10. Approve or reject plans and specifications for the construction or
48 improvement of correctional facilities that directly affect the health
49 of [inmates] incarcerated individuals and staff, safety, or security.
50 17. Make an annual report to the governor, the chairman of the assem-
51 bly committee on correction and the chairman of the senate committee on
52 crime victims, crime and correction concerning [inmates] incarcerated
53 individuals confined in local correctional facilities pursuant to an
54 agreement authorized by section five hundred-o of this chapter. Such
55 report shall include but not be limited to the number of counties main-
S. 3332 63
1 taining such agreements and the number of [inmates] incarcerated indi-
2 viduals confined pursuant to such agreements.
3 § 122. Subdivisions 1, 2 and 4 of section 46 of the correction law,
4 subdivisions 1 and 2 as amended by chapter 232 of the laws of 2012 and
5 subdivision 4 as added by chapter 865 of the laws of 1975, are amended
6 to read as follows:
7 1. The commission, any member or any employee designated by the
8 commission must be granted access at any and all times to any correc-
9 tional facility or part thereof and to all books, records, [inmate]
10 medical records of incarcerated individuals and data pertaining to any
11 correctional facility deemed necessary for carrying out the commission's
12 functions, powers and duties. The commission, any member or any employee
13 designated by the chairman may require from the officers or employees of
14 a correctional facility any information deemed necessary for the purpose
15 of carrying out the commission's functions, powers and duties.
16 2. In the exercise of its functions, powers and duties, the commis-
17 sion, any member, and any attorney employed by the commission is author-
18 ized to issue and enforce a subpoena and a subpoena duces tecum, admin-
19 ister oaths and examine persons under oath, in accordance with and
20 pursuant to civil practice law and rules. A person examined under oath
21 pursuant to this subdivision shall have the right to be accompanied by
22 counsel who shall advise the person of their rights subject to reason-
23 able limitations to prevent obstruction of, or interference with, the
24 orderly conduct of the examination. Notwithstanding any other provision
25 of law, a subpoena may be issued and enforced pursuant to this subdivi-
26 sion for the medical records of an [inmate] incarcerated individual of a
27 correctional facility, regardless of whether such medical records were
28 made during the course of the [inmate's] incarcerated individual's
29 incarceration.
30 4. In any case where any rule or regulation promulgated by the commis-
31 sion pursuant to subdivision six of section forty-five of this article
32 or the laws relating to the construction, management and affairs of any
33 correctional facility or the care, treatment and discipline of its
34 [inmates] incarcerated individuals, are being or are about to be
35 violated, the commission shall notify the person in charge or control of
36 the facility of such violation, recommend remedial action, and direct
37 such person to comply with the rule, regulation or law, as the case may
38 be. Upon the failure of such person to comply with the rule, regulation
39 or law the commission may apply to the supreme court for an order
40 directed to such person requiring compliance with such rule, regulation
41 or law. Upon such application the court may issue such order as may be
42 just and a failure to comply with the order of the court shall be a
43 contempt of court and punishable as such.
44 § 123. Section 47 of the correction law, as added by chapter 865 of
45 the laws of 1975, paragraph (d) of subdivision 1 as amended by chapter
46 80 of the laws of 2020, paragraph (e) of subdivision 1 as amended by
47 chapter 447 of the laws of 2016 and subdivision 2 as amended by chapter
48 491 of the laws of 1987, is amended to read as follows:
49 § 47. Functions, powers and duties of the board. 1. The board shall
50 have the following functions, powers and duties:
51 (a) Investigate and review the cause and circumstances surrounding the
52 death of any [inmate] incarcerated individual of a correctional facili-
53 ty.
54 (b) Visit and inspect any correctional facility wherein an [inmate]
55 incarcerated individual has died.
S. 3332 64
1 (c) Cause the body of the deceased to undergo such examinations,
2 including an autopsy, as in the opinion of the board, are necessary to
3 determine the cause of death, irrespective of whether any such examina-
4 tion or autopsy shall have previously been performed.
5 (d) Upon review of the cause of death and circumstances surrounding
6 the death of any [inmate] incarcerated individual, the board shall
7 submit its report thereon to the commission and to the governor, the
8 chairman of the assembly committee on correction and the chairman of the
9 senate committee on crime victims, crime and correction and, where
10 appropriate, make recommendations to prevent the recurrence of such
11 deaths to the commission and the administrator of the appropriate
12 correctional facility. The report provided to the governor, the chairman
13 of the assembly committee on correction and the chairman of the senate
14 committee on crime victims, crime and correction shall not be redacted
15 except as otherwise required to protect confidential medical records and
16 behavioral health records in accordance with state and federal laws,
17 rules, and regulations.
18 (e) (i) Investigate and report to the commission on the condition of
19 systems for the delivery of medical care to [inmates] incarcerated indi-
20 viduals of correctional facilities and where appropriate recommend such
21 changes as it shall deem necessary and proper to improve the quality and
22 availability of such medical care.
23 (ii) The board shall be responsive to inquiries from the next of kin
24 and other person designated as a representative of any [inmate] incar-
25 cerated individual whose death takes place during custody in a state
26 correctional facility regarding the circumstances surrounding the death
27 of such [inmate] incarcerated individual. Contact information for the
28 next of kin and designated representative shall be provided by the
29 department to the board from the emergency contact information previous-
30 ly provided by the [inmate] incarcerated individual to the department.
31 2. Every administrator of a correctional facility shall immediately
32 report to the board the death of an [inmate] incarcerated individual of
33 any such facility in such manner and form as the board shall prescribe,
34 together with an autopsy report.
35 § 124. The article heading of article 4 of the correction law, as
36 added by chapter 476 of the laws of 1970, is amended to read as follows:
37 ESTABLISHMENT OF CORRECTIONAL FACILITIES, COMMITMENTS TO DEPARTMENT
38 AND CUSTODY OF [INMATES] INCARCERATED INDIVIDUALS
39 § 125. Subdivision 4 of section 70 of the correction law, as added by
40 chapter 476 of the laws of 1970, is amended to read as follows:
41 4. Two or more correctional facilities may be maintained or estab-
42 lished in the same building or on the same premises so long as the
43 [inmates] incarcerated individuals of each are at all times kept sepa-
44 rate and apart from each other except that the [inmates] incarcerated
45 individuals of one may be permitted to have contact with [inmates]
46 incarcerated individuals of the other in order to perform duties,
47 receive therapeutic treatment, attend religious services and engage in
48 like activities as specifically provided in the rules and regulations of
49 the department.
50 § 126. Subdivisions 1-a and 1-b of section 71 of the correction law,
51 as added by chapter 547 of the laws of 1995, are amended to read as
52 follows:
53 1-a. The commissioner shall ensure that each general confinement
54 facility law library has information on international offender transfers
55 sufficient to inform those persons who are citizens of a treaty nation
56 of the existence of such treaties and of the means by which such persons
S. 3332 65
1 may initiate a request for return to the person's country of citizenship
2 for service of the sentence imposed. Such law libraries shall also
3 contain the most recent annual Amnesty International Report published by
4 Amnesty International describing the conditions of prisons in each trea-
5 ty nation and, to the extent practicable, other materials describing
6 such prison conditions published by the United Nations, United States
7 Department of State or human rights organizations. In addition, to the
8 extent practicable, such law libraries shall contain information either
9 listing each foreign country's provisions for the reduction of the terms
10 of confinement for penal sentences as well as the availability of
11 [inmate] incarcerated individual programs or, shall contain a list of
12 officials in the United States Department of Justice or the embassy of
13 the foreign country to whom an [inmate] incarcerated individual may
14 write for information. To the extent practicable, newly received
15 [inmates] incarcerated individuals who are identified as foreign
16 nationals of treaty nations shall, as part of the reception process, be
17 advised of the existence of such treaties and the possibility of the
18 initiation of a transfer request.
19 1-b. The commissioner shall promulgate rules and regulations setting
20 forth the procedures by which an [inmate] incarcerated individual may
21 apply to be considered for transfer to a foreign nation. The commission-
22 er, or his designee, shall retain sole and absolute authority to approve
23 or disapprove an [inmate's] incarcerated individual's application for
24 transfer. Nothing herein shall be construed to confer upon an [inmate]
25 incarcerated individual a right to be a transferred to a foreign nation.
26 Notwithstanding any other law, rule or regulation to the contrary, no
27 inmate application for transfer shall be processed unless the [inmate]
28 incarcerated individual has first indicated his willingness and desire
29 in writing, on a form prescribed by the commissioner, to be considered
30 for transfer to the foreign nation. Such form shall also contain a copy
31 of the [inmate's] incarcerated individual's most recent legal date
32 computation printout indicating the term or aggregate term of the
33 sentence originally imposed and the release dates resulting therefrom.
34 If a request for transfer is approved by the commissioner or his desig-
35 nee, facility staff shall assist in the preparation and submission of
36 all materials and forms necessary to effectuate the person's request for
37 transfer to the United States Department of Justice for purposes of
38 finalization of the transfer process, including verification proceedings
39 before a United States District Court Judge, United States magistrate or
40 other appointed United States official to assure and document the
41 [inmate's] incarcerated individual's voluntary request for transfer.
42 § 127. Section 71-a of the correction law, as added by section 16-a of
43 subpart A of part C of chapter 62 of the laws of 2011, is amended to
44 read as follows:
45 § 71-a. Transitional accountability plan. Upon admission of an
46 [inmate] incarcerated individual committed to the custody of the depart-
47 ment under an indeterminate or determinate sentence of imprisonment, the
48 department shall develop a transitional accountability plan. Such plan
49 shall be a comprehensive, dynamic and individualized case management
50 plan based on the programming and treatment needs of the [inmate] incar-
51 cerated individual. The purpose of such plan shall be to promote the
52 rehabilitation of the [inmate] incarcerated individual and their
53 successful and productive reentry and reintegration into society upon
54 release. To that end, such plan shall be used to prioritize programming
55 and treatment services for the [inmate] incarcerated individual during
56 incarceration and any period of community supervision. The commissioner
S. 3332 66
1 may consult with the office of mental health, the office of alcoholism
2 and substance abuse services, the board of parole, the department of
3 health, and other appropriate agencies in the development of transi-
4 tional case management plans.
5 § 128. Section 72 of the correction law, as added by chapter 476 of
6 the laws of 1970, subdivision 2-a as amended by chapter 256 of the laws
7 of 2010, subdivision 2-b as separately added by chapters 536 and 966 of
8 the laws of 1974, subdivision 4 as amended by chapter 567 of the laws of
9 1972, subdivision 5 as amended by chapter 339 of the laws of 1972,
10 subdivision 7 as added by chapter 261 of the laws of 1987, and subdivi-
11 sions 8 and 9 as renumbered by chapter 261 of the laws of 1987, is
12 amended to read as follows:
13 § 72. Confinement of persons by the department. 1. Except as otherwise
14 provided in this section, all persons committed, transferred, certified
15 to or placed in the care or custody of the department shall be confined
16 in institutions maintained by the department until paroled, condi-
17 tionally released, transferred to the care of another agency or released
18 or discharged in accordance with the law.
19 2. The commissioner, or the superintendent or director of an institu-
20 tion in which an [inmate] incarcerated individual is confined, may
21 permit an [inmate] incarcerated individual to be taken, under guard, to
22 any place or for any purpose authorized by law, and the commissioner
23 must provide for delivery of an [inmate] incarcerated individual, under
24 guard, to any place where his presence is required pursuant to an order
25 of a court that has authority to require his presence.
26 2-a. The commissioner, superintendent, or director of an institution
27 in which an [inmate] incarcerated individual is confined, may permit an
28 [inmate] incarcerated individual, wishing to do so, to leave the insti-
29 tution under guard for the purpose of performing volunteer labor or
30 services when in the public interest upon the threat or occurrence of a
31 natural disaster, including but not limited to flood, earthquake, hurri-
32 cane, landslide or fire. An [inmate] incarcerated individual may also be
33 permitted to leave the institution under guard to voluntarily perform
34 work for a nonprofit organization pursuant to this subdivision. As used
35 in this subdivision, the term "nonprofit organization" means an organ-
36 ization operated exclusively for religious, charitable, or educational
37 purposes, no part of the net earnings of which inures to the benefit of
38 any private shareholder or individual.
39 2-b. The commissioner, or his designee as authorized by the commis-
40 sioner, may permit an [inmate] incarcerated individual to be taken under
41 guard to any place to participate in an industrial training program.
42 3. The superintendent or director of an institution may permit
43 [inmates] incarcerated individuals to leave the institution for the
44 purpose of performing maintenance work or farm work, or any other work
45 necessary or appropriate for the upkeep, operations or business of the
46 institution or the department.
47 4. Any [inmate] incarcerated individual who is confined in a correc-
48 tional facility and who is eligible for parole or who will become eligi-
49 ble for parole within two years or who has one year or less remaining to
50 be served under his or her sentence may be transferred by the commis-
51 sioner to a correctional camp and may be permitted, by the superinten-
52 dent, to leave the camp to engage in conservation or forestry work or
53 for any purpose permitted under subdivisions two, two-a, two-b and three
54 of this section.
S. 3332 67
1 5. An [inmate] incarcerated individual may be permitted to leave the
2 institution to participate in a temporary release program in accordance
3 with the provisions of article twenty-six of this chapter.
4 6. An [inmate] incarcerated individual of a residential treatment
5 facility may be permitted to leave such facility in accordance with the
6 provisions of section seventy-three of this article.
7 7. An [inmate] incarcerated individual of a shock incarceration
8 correctional facility may be permitted to leave the facility to partic-
9 ipate in programs in accordance with the provisions of article twenty-
10 six-A of this chapter.
11 8. In any case where the decision to permit an [inmate] incarcerated
12 individual to leave an institution is made by a person other than the
13 commissioner or a deputy commissioner of correction such action and the
14 manner in which it is carried out shall be in strict accordance with the
15 rules and regulations of the department. Such rules and regulations may
16 restrict or limit the authority of the superintendent or director in any
17 manner deemed advisable by the commissioner.
18 9. The provisions of this section shall not be construed in such
19 manner as to be in conflict with any provision of law that specifically
20 provides for circumstances under which [inmates] incarcerated individ-
21 uals may be permitted to leave institutions.
22 § 128-a. Subdivision 5 of section 72 of the correction law, as added
23 by chapter 476 of the laws of 1970, is amended to read as follows:
24 5. An [inmate] incarcerated individual of a work release facility may
25 be permitted to leave the facility to participate in a work release
26 program in accordance with the provisions of article twenty-six of this
27 chapter.
28 § 129. Section 72-a of the correction law, as amended by section 7 of
29 subpart B of part C of chapter 62 of the laws of 2011, is amended to
30 read as follows:
31 § 72-a. Community treatment facilities. 1. Transfer of eligible
32 [inmate] incarcerated individual. Notwithstanding the provisions of
33 section seventy-two of this chapter, any [inmate] incarcerated individ-
34 ual confined in a correctional facility who is an "eligible [inmate]
35 incarcerated individual" as defined by subdivision two of section eight
36 hundred fifty-one of this chapter and has been certified by the [divi-
37 sion of] office of alcoholism and substance abuse services as being in
38 need of substance abuse treatment and rehabilitation may be transferred
39 by the commissioner to a community treatment facility.
40 2. Designation of facilities. A community treatment facility shall be
41 designated by the [director] commissioner of the [division of] office of
42 alcoholism and substance abuse services and the commissioner. Such
43 facility shall be operated by a provider or sponsoring agency that has
44 provided approved residential substance abuse treatment services for at
45 least two years duration.
46 3. Operating standards. The commissioner, after consultation with the
47 [director] commissioner of the [division of] office of alcoholism and
48 substance abuse services, shall promulgate rules and regulations which
49 provide for minimum standards of operation, including but not limited to
50 the following:
51 (a) provision for adequate security and protection of the surrounding
52 community;
53 (b) adequate physical plant standards;
54 (c) provisions for adequate program services, staffing, and record
55 keeping; and
S. 3332 68
1 (d) provision for the general welfare of the [inmates] incarcerated
2 individuals.
3 4. Community supervision. The department shall provide for the
4 provision of community supervision services. All [inmates] incarcerated
5 individuals residing in a community treatment facility shall be assigned
6 to parole officers for supervision. Such parole officers shall be
7 responsible for providing such supervision.
8 5. Reports. The department and the division of substance abuse
9 services shall jointly issue quarterly reports including a description
10 of those facilities that have been designated as community treatment
11 facilities, the number of [inmates] incarcerated individuals confined in
12 each facility, a description of the programs within each facility, and
13 the number of absconders, if any, as well as the nature and number of
14 re-arrests, if any, during the individual's period of community super-
15 vision. Copies of such reports, as well as copies of any inspection
16 report issued by the department or the commission of correction shall be
17 sent to the director of the budget, the chairman of the senate finance
18 committee, the chairman of the senate crime and correction committee,
19 the chairman of the assembly ways and means committee and the chairman
20 of the assembly committee on codes.
21 6. Reimbursement. (a) The commissioner, in consultation with the
22 [director] commissioner of the [division of] office of alcoholism and
23 substance abuse services, shall enter into an agreement with the [divi-
24 sion of] office of alcoholism and substance abuse services whereby the
25 [division of] office of alcoholism and substance abuse services will
26 contract with community treatment facilities for provision of services
27 pursuant to this section within amounts made available by the depart-
28 ment. Each contract shall provide for frequent visitation, inspection of
29 the facility, and enforcement of the minimum standards and shall author-
30 ize the supervision of [inmates] incarcerated individuals residing in a
31 community treatment facility by parole officers.
32 (b) The commissioner shall promulgate rules and regulations specifying
33 those costs related to the general operation of community treatment
34 facilities that shall be eligible for reimbursement. Such eligible costs
35 shall not include debt service, whether principal or interest, or costs
36 for which state or federal aid or reimbursement is otherwise available.
37 Such rules and regulations shall be subject to the approval of the
38 director of the budget.
39 (c) The department shall not contract for provision of services to
40 more than fifty [inmates] incarcerated individuals at any one facility.
41 (d) At least thirty days prior to final approval of any such contract,
42 a copy of the proposed contract shall be sent to the director of the
43 budget, the chairman of the senate finance committee, the chairman of
44 the senate crime and correction committee, the chairman of the assembly
45 ways and means committee, and the chairman of the assembly committee on
46 codes.
47 § 130. Section 72-b of the correction law, as added by section 48 of
48 part B of chapter 58 of the laws of 2004, subdivision 2 as amended by
49 section 17 of subpart A of part C of chapter 62 of the laws of 2011, is
50 amended to read as follows:
51 § 72-b. Discharge of [inmates] incarcerated individuals to adult care
52 facilities. 1. An [inmate] incarcerated individual about to be
53 discharged to an adult home, enriched housing program or residence for
54 adults, as defined in section two of the social services law, shall be
55 referred only to such home, program or residence that is consistent with
56 that person's needs and that operates pursuant to section four hundred
S. 3332 69
1 sixty of the social services law. No [inmate] incarcerated individual
2 shall be directly referred to any facility that is required to be certi-
3 fied as an adult care facility under the provisions of article seven of
4 the social services law, unless it has been determined that such facili-
5 ty has a valid operating certificate.
6 2. No [inmate] incarcerated individual about to be paroled, condi-
7 tionally released, transferred, released or discharged shall be referred
8 to any adult home, enriched housing program or residence for adults, as
9 defined in section two of the social services law, where the department
10 of corrections and community supervision has received written notice
11 that the facility has been placed on the "do not refer list" pursuant to
12 subdivision fifteen of section four hundred sixty-d of the social
13 services law.
14 § 131. Section 73 of the correction law, as amended by section 8 of
15 subpart B of part C of chapter 62 of the laws of 2011, is amended to
16 read as follows:
17 § 73. Residential treatment facilities. 1. The commissioner may trans-
18 fer any [inmate] incarcerated individual of a correctional facility who
19 is eligible for community supervision or who will become eligible for
20 community supervision within six months after the date of transfer or
21 who has one year or less remaining to be served under his or her
22 sentence to a residential treatment facility and such person may be
23 allowed to go outside the facility during reasonable and necessary hours
24 to engage in any activity reasonably related to his or her rehabili-
25 tation and in accordance with the program established for him or her.
26 While outside the facility he or she shall be at all times in the custo-
27 dy of the department and under its supervision.
28 2. The department shall be responsible for securing appropriate educa-
29 tion, on-the-job training and employment for [inmates] incarcerated
30 individuals transferred to residential treatment facilities. The depart-
31 ment also shall supervise such [inmates] incarcerated individuals during
32 their participation in activities outside any such facility and at all
33 times while they are outside any such facility.
34 3. Programs directed toward the rehabilitation and total reintegration
35 into the community of persons transferred to a residential treatment
36 facility shall be established. Each [inmate] incarcerated individual
37 shall be assigned a specific program by the superintendent of the facil-
38 ity and a written memorandum of such program shall be delivered to him
39 or her.
40 4. If at any time the superintendent of a residential treatment facil-
41 ity is of the opinion that any aspect of the program assigned to an
42 individual is inconsistent with the welfare or safety of the community
43 or of the facility or its [inmates] incarcerated individuals, the super-
44 intendent may suspend such program or any part thereof and restrict the
45 [inmate's] incarcerated individual's activities in any manner that is
46 necessary and appropriate. Upon taking such action the superintendent
47 shall promptly notify the commissioner and pending decision by the
48 commissioner, the superintendent may keep such [inmate] incarcerated
49 individual under such security as may be necessary.
50 5. The commissioner may at any time and for any reason transfer an
51 [inmate] incarcerated individual from a residential treatment facility
52 to another correctional facility.
53 6. Where a person who is an [inmate] incarcerated individual of a
54 residential treatment facility absconds, or fails to return thereto as
55 specified in the program approved for him or her, he or she may be
56 arrested and returned by an officer or employee of the department or by
S. 3332 70
1 any peace officer, acting pursuant to his or her special duties, or
2 police officer without a warrant; or a member of the board of parole or
3 an officer designated by such board may issue a warrant for the retaking
4 of such person. A warrant issued pursuant to this subdivision shall have
5 the same force and effect, and shall be executed in the same manner, as
6 a warrant issued for violation of community supervision.
7 7. The provisions of this chapter relating to good behavior allowances
8 and conditional release shall apply to behavior of [inmates] incarcerat-
9 ed individuals while assigned to a residential treatment facility for
10 behavior on the premises and outside the premises of such facility and
11 good behavior allowances may be granted, withheld, forfeited or
12 cancelled in whole or in part for behavior outside the premises of the
13 facility to the same extent and in the same manner as is provided for
14 [inmates] incarcerated individuals within the premises of any facility.
15 8. The state board of parole may grant parole to any [inmate] incar-
16 cerated individual of a residential treatment facility at any time after
17 he or she becomes eligible therefor. Such parole shall be in accordance
18 with provisions of law that would apply if the person were still
19 confined in the facility from which he or she was transferred, except
20 that any personal appearance before the board may be at any place desig-
21 nated by the board.
22 9. The earnings of any [inmate] incarcerated individual of a residen-
23 tial treatment facility shall be dealt with in accordance with the
24 procedure set forth in section eight hundred sixty of this chapter.
25 10. The commissioner is authorized to use any residential treatment
26 facility as a residence for persons who are on community supervision.
27 Persons who reside in such a facility shall be subject to conditions of
28 community supervision imposed by the board.
29 § 132. Section 74 of the correction law, as amended by chapter 270 of
30 the laws of 2015, is amended to read as follows:
31 § 74. Discharge on holidays, Saturdays and Sundays. Where the date of
32 release on parole or conditional release, or where the date of discharge
33 from the care or custody of the department, falls on Saturday or Sunday,
34 it shall be deemed to fall on the preceding Friday. Where the date of
35 such release or discharge falls on a legal holiday it shall be deemed to
36 fall on the preceding day, except that when such legal holiday falls on
37 a Monday the date of release shall be deemed to fall on the preceding
38 Friday. Notwithstanding the foregoing, or any other provision of the law
39 to the contrary, the commissioner, in his or her discretion, may advance
40 the release date of an [inmate] incarcerated individual, who is sched-
41 uled to be released on a Friday, to a Thursday in any case where the
42 [inmate] incarcerated individual will serve a period of community super-
43 vision upon release and the commissioner determines that public safety
44 will be enhanced by a next day reporting requirement.
45 § 133. The section heading and subdivision 1 of section 76 of the
46 correction law, the section heading as amended by chapter 5 of the laws
47 of 2015 and subdivision 1 as amended by chapter 385 of the laws of 2019,
48 are amended to read as follows:
49 Notice of transitional services for [inmates] incarcerated individuals
50 released from correctional facilities. 1. (a) Prior to the release of an
51 [inmate] incarcerated individual from a correctional facility, the
52 department shall provide such [inmate] incarcerated individual with
53 information on transitional services available in the county or city
54 where such [inmate] incarcerated individual is scheduled to be released.
55 Such information shall include programs designed to promote the success-
56 ful and productive reentry and reintegration of an [inmate] incarcerated
S. 3332 71
1 individual into society including medical and mental health services,
2 HIV/AIDS services, educational, vocational and employment services,
3 alcohol or substance abuse treatment and housing services. The depart-
4 ment shall maintain a current list of transitional services which shall
5 be updated regularly in order to effectuate the purposes of this
6 section. Where appropriate, the department shall provide assistance to
7 an [inmate] incarcerated individual in contacting a program or service
8 provider prior to such [inmate's] incarcerated individual's release to
9 the community.
10 (b) Upon discharge of an [inmate] incarcerated individual from a
11 correctional facility, the department shall provide such [inmate] incar-
12 cerated individual with educational information about the prevention of
13 human immunodeficiency virus (HIV) infection, instructions about how to
14 obtain free HIV testing upon release, including contact information for
15 HIV counseling and testing service providers located in the county or
16 city in which such [inmate] incarcerated individual intends to reside
17 upon release, and referrals to community-based HIV prevention, education
18 and counseling resources located in the county or city in which such
19 [inmate] incarcerated individual intends to reside upon release.
20 § 134. Subdivisions 1, 4 and 5 of section 87 of the correction law, as
21 added by chapter 549 of the laws of 1987, are amended to read as
22 follows:
23 1. "Alternate correctional facility" shall mean a correctional facili-
24 ty designed to house medium security [inmates] incarcerated individuals
25 as defined by department rules and regulations, which is owned by the
26 city of New York, operated by the department pursuant to the rules and
27 regulations promulgated by the commissioner and in accordance with the
28 operation agreement as defined in subdivision five of this section, and
29 used for the confinement of eligible [inmates] incarcerated individuals,
30 as defined by subdivision four of this section.
31 4. "Eligible [inmates] incarcerated individuals" shall mean [male
32 inmates] incarcerated individuals of a New York city correctional facil-
33 ity who are at least nineteen years of age, who are serving a definite,
34 but not an intermittent, sentence of imprisonment, and who do not have
35 criminal charges pending against them.
36 5. "Operation agreement" shall mean an agreement entered into pursuant
37 to section eighty-eight of this article by the commissioner and the city
38 of New York which governs the operation of one or both alternate correc-
39 tional facilities and addresses all related issues, including, but not
40 limited to, general staffing levels and nature of staffing positions;
41 composition of medical staff; availability of outside medical services;
42 procedures and criteria for selecting eligible [inmates] incarcerated
43 individuals; availability and frequency of transportation of [inmates]
44 incarcerated individuals and visitors of [inmates] incarcerated individ-
45 uals to such facility; availability, content and frequency of program-
46 ming for [inmates] incarcerated individuals; mechanisms to establish,
47 monitor and review operating and capital expenditures; and legal repre-
48 sentation of both [inmates] incarcerated individuals and employees of
49 such facilities.
50 § 135. Subdivision 4 of section 88 of the correction law, as added by
51 chapter 549 of the laws of 1987, is amended to read as follows:
52 4. For each alternate correctional facility, the commissioner is here-
53 by authorized and empowered to enter into a construction agreement, an
54 operation agreement, and any other agreements or leases with the city of
55 New York which are deemed by the commissioner to be necessary or conven-
56 ient for the establishment, operation and maintenance of an alternate
S. 3332 72
1 correctional facility. An operation agreement shall govern the operation
2 of an alternate correctional facility for up to ten years after the
3 commencement of housing of eligible [inmates] incarcerated individuals
4 at such facility. The commissioner shall not operate an alternate
5 correctional facility except pursuant to an executed operation agree-
6 ment.
7 § 136. Subdivision 2 of section 88-a of the correction law, as added
8 by chapter 549 of the laws of 1987, is amended to read as follows:
9 2. To enter into an operation agreement or agreements as defined in
10 this article and pursuant to any such agreements to utilize alternate
11 correctional facilities for the housing of certain [inmates] incarcerat-
12 ed individuals of New York city correctional facilities.
13 § 137. Subdivision 1 of section 89-a of the correction law, as amended
14 by chapter 409 of the laws of 1991, is amended to read as follows:
15 1. Management of alternate correctional facilities. Superintendence,
16 management and control of alternate correctional facilities and the
17 eligible [inmates] incarcerated individuals housed therein shall be as
18 directed by the commissioner consistent with the following: an alternate
19 correctional facility shall be operated pursuant to rules and regu-
20 lations promulgated for such facilities by the commissioner in consulta-
21 tion with the state commission of correction and the provisions of the
22 operation agreement. The commissioner shall operate such facility inso-
23 far as practicable in the same manner as a general confinement facility
24 which houses medium security state [inmates] incarcerated individuals.
25 Nothing herein, however, shall preclude the commissioner from enhancing
26 staffing or programming to accommodate the particular needs of eligible
27 [inmates] incarcerated individuals pursuant to the operation agreement.
28 No [inmate] incarcerated individual shall be housed in any alternate
29 correctional facility until such facility has been established in
30 accordance with the provisions of section eighty-nine of this article.
31 The population in an alternate correctional facility shall not exceed
32 its design capacity of approximately seven hundred eligible [inmates]
33 incarcerated individuals except pursuant to variances permitted by law,
34 rule or regulation or court order.
35 § 138. Section 89-c of the correction law, as added by chapter 549 of
36 the laws of 1987, is amended to read as follows:
37 § 89-c. Use of alternate correctional facilities. 1. Alternate correc-
38 tional facilities shall serve only to supplement local correctional
39 facilities within the city of New York. In considering whether to assign
40 an eligible [inmate] incarcerated individual to an alternate correction-
41 al facility or to transfer such [inmate] incarcerated individual from
42 such facility, preference shall be given to available space suitable for
43 housing sentenced [inmates] incarcerated individuals at local correc-
44 tional facilities within the city of New York.
45 2. Consistent with the provisions of this article and subject to the
46 applicable rules and regulations for operation of alternate correctional
47 facilities and the provisions of the operation agreement, assignment of
48 [inmates] incarcerated individuals to alternate correctional facilities
49 shall be made jointly by the commissioner and the commissioner of the
50 New York city department of correction. In making such assignments,
51 consideration shall be given to [inmates] incarcerated individuals who
52 have a greater period of time remaining to be served on their sentences,
53 taking into account any applicable jail time and good behavior time. No
54 [inmate] incarcerated individual who is eligible for educational
55 services pursuant to subdivision seven of section three thousand two
56 hundred two of the education law and who chooses to avail himself or
S. 3332 73
1 herself of such services shall be assigned to an alternate correctional
2 facility.
3 3. [Inmates] Incarcerated individuals assigned to alternate correc-
4 tional facilities shall be returned to a local correctional facility
5 within the city of New York at any such time as the commissioner deter-
6 mines:
7 (a) that the assignment was not in accordance with this article, or
8 (b) that the confinement of an [inmate] incarcerated individual in an
9 alternate correctional facility is no longer suitable because it poten-
10 tially endangers the safety, security or order of the facility.
11 4. Any [inmate] incarcerated individual who is eligible for educa-
12 tional services pursuant to subdivision seven of section three thousand
13 two hundred two of the education law shall also be returned to a New
14 York city local correctional facility if he or she chooses to avail
15 himself or herself of such services.
16 5. [Inmates] Incarcerated individuals assigned to alternate correc-
17 tional facilities shall be returned to a New York city correctional
18 facility within the city of New York no later than seven days prior to
19 their scheduled release or discharge from incarceration.
20 6. Notwithstanding any other provisions of law, no [inmates] incarcer-
21 ated individuals from jurisdictions other than the city of New York
22 shall be housed at any time in an alternate correctional facility.
23 § 139. Section 89-d of the correction law, as added by chapter 549 of
24 the laws of 1987, is amended to read as follows:
25 § 89-d. Transportation. The state of New York shall have no responsi-
26 bility, financial or otherwise, for transporting [inmates] incarcerated
27 individuals between a New York city local correctional facility and an
28 alternate correctional facility, regardless of the reason for such
29 transfer. The city of New York shall be responsible for all such costs,
30 as well as the actual transportation and supervision of [inmates] incar-
31 cerated individuals during transport.
32 § 140. Subdivision 3 of section 89-e of the correction law, as added
33 by chapter 549 of the laws of 1987, is amended to read as follows:
34 3. The panel shall examine whether alternate correctional facilities
35 should continue to be utilized, whether all steps practicable have been
36 taken by the city of New York toward finding alternatives to housing
37 eligible [inmates] incarcerated individuals in alternate correctional
38 facilities, including the construction of correctional facilities within
39 the city of New York and the development of alternatives to incarcera-
40 tion, and whether there has been compliance with all applicable laws,
41 rules and regulations and the operation agreement.
42 § 141. Subdivision 1 of section 90 of the correction law, as added by
43 chapter 478 of the laws of 1970, is amended to read as follows:
44 1. To provide correctional programs for persons who receive sentences
45 of imprisonment with terms of one year or less and who otherwise would
46 be confined in institutions in counties that do not have a sufficient
47 number of [inmates] incarcerated individuals to justify construction of
48 an adequate correctional institution or operation of a modern correc-
49 tional program;
50 § 142. The section heading and subdivisions 1 and 3 of section 91 of
51 the correction law, as amended by section 5 of part H of chapter 56 of
52 the laws of 2009, are amended to read as follows:
53 Agreements for custody of definite sentence [inmates] incarcerated
54 individuals. 1. The commissioner may enter into an agreement with any
55 county or with the city of New York to provide for custody by the
56 department of persons who receive definite sentences of imprisonment
S. 3332 74
1 with terms in excess of ninety days who otherwise would serve such
2 sentences in the jail, workhouse, penitentiary or other local correc-
3 tional institution maintained by such locality; provided, however, that
4 a person committed to the custody of the department pursuant to an
5 agreement established by this section, except a person committed pursu-
6 ant to an agreement with the city of New York, shall be delivered to a
7 reception center designated by the commissioner for an initial process-
8 ing period which shall be no longer than seven days, and thereafter,
9 shall be transferred to a general confinement correctional facility
10 located in the same county or in a county adjacent to the county where
11 such person would otherwise be committed to a local correctional facili-
12 ty. In the event, however, that exigent circumstances related to health,
13 safety or security arise which require the immediate transfer of an
14 [inmate] incarcerated individual to a different facility not within the
15 county or adjacent county, then the department shall, as soon thereafter
16 as practicable, arrange for such [inmate] incarcerated individual to be
17 returned to the jurisdiction of the county from which he or she was
18 committed.
19 3. An agreement made under this section shall require the locality to
20 pay the cost of treatment, maintenance and custody furnished by the
21 department, and the costs incurred under subdivision two or three of
22 section one hundred twenty-five of this chapter relating to the
23 provision of clothing, money and transportation upon release or
24 discharge of [inmates] incarcerated individuals delivered to the depart-
25 ment pursuant to the agreement, and shall contain at least the following
26 provisions:
27 (a) A provision specifying the minimum length of the term of imprison-
28 ment of persons who may be received by the department under the agree-
29 ment, which may be any term in excess of ninety days agreed to by the
30 parties and which need not be the same in each agreement;
31 (b) A provision that no charge will be made to the state or to the
32 department or to any of its institutions during the pendency of such
33 agreement for delivery of [inmates] incarcerated individuals to the
34 department by officers of the locality, and that the provisions of
35 section six hundred two of this chapter or of any similar law shall not
36 apply for delivery of [inmates] incarcerated individuals during such
37 time;
38 (c) Designation of the correctional facility or facilities to which
39 persons under sentences covered by the agreement are to be delivered;
40 (d) A provision requiring the department to provide transitional
41 services upon the release of persons committed to the custody of the
42 department pursuant to an agreement established by this section;
43 (e) Any other provision the commissioner may deem necessary or appro-
44 priate; and
45 (f) A provision giving either party the right to cancel the agreement
46 by giving the other party notice in writing, with cancellation to become
47 effective on such date as may be specified in such notice.
48 § 142-a. The section heading, and paragraphs (b), (c) and (d) of
49 subdivision 3 of section 91 of the correction law, as amended by section
50 10 of subpart B of part C of chapter 62 of the laws of 2011, are amended
51 to read as follows:
52 Agreements for custody of definite sentence [inmates] incarcerated
53 individuals.
54 (b) A provision that no charge will be made to the state or to the
55 state department of corrections and community supervision or to any of
56 its institutions during the pendency of such agreement for delivery of
S. 3332 75
1 [inmates] incarcerated individuals to the state department of
2 corrections and community supervision by officers of the locality, and
3 that the provisions of section six hundred two of this chapter or of any
4 similar law shall not apply for delivery of [inmates] incarcerated indi-
5 viduals during such time;
6 (c) A provision that no charge shall be made to or shall be payable by
7 the state during the pendency of such agreement for the expense of main-
8 taining parole violators pursuant to section [two hundred sixteen of
9 this chapter] two hundred fifty-nine-i of the executive law, for the
10 expense of maintaining coram nobis prisoners pursuant to section six
11 hundred one-b of this chapter, or for the expense of maintaining felony
12 prisoners pursuant to section six hundred one-c of this chapter[, or for
13 the expense of maintaining alternative local reformatory inmates pursu-
14 ant to section eight hundred thirty-five in institutions maintained by
15 the locality];
16 (d) A provision, approved by the state comptroller, for reimbursement
17 of the state department of corrections and community supervision by the
18 locality for expenses incurred under subdivision two or three of section
19 one hundred twenty-five of this chapter relating to clothing, money and
20 transportation furnished upon release or discharge of [inmates] incar-
21 cerated individuals delivered to the state department of corrections and
22 community supervision pursuant to the agreement;
23 § 143. Section 92 of the correction law, as amended by section 6 of
24 part H of chapter 56 of the laws of 2009, is amended to read as follows:
25 § 92. Effect of agreement for custody of definite sentence [inmates]
26 incarcerated individuals. 1. After a copy of an agreement made under
27 section ninety-one of this article is filed with the secretary of state,
28 all commitments under sentences covered by the agreement by courts in
29 the county or city to which it applies shall be deemed to be to the
30 custody of the department and shall be so construed and interpreted
31 irrespective of the institution or agency to which the commitments are
32 made.
33 2. Any [inmate] incarcerated individual who is serving a term of
34 imprisonment covered by the agreement imposed prior to the filing of
35 such agreement, and any [inmate] incarcerated individual who is under
36 consecutive definite sentences of imprisonment with an aggregate term of
37 the length covered by the agreement, irrespective of whether one or more
38 of such sentences was imposed prior to the filing of the agreement, may
39 be transferred to the care of the department upon request of the head of
40 the county or city institution and approval of the commissioner.
41 3. [Inmates] Incarcerated individuals who are deemed committed to the
42 custody of the department under subdivision one of this section, or who
43 may be transferred to the care of the department under subdivision two
44 of this section, shall be dealt with in all respects in the same manner
45 as [inmates] incarcerated individuals committed to the custody of the
46 department.
47 4. In the event any such agreement is cancelled, [inmates] incarcerat-
48 ed individuals delivered to the department prior to the date of cancel-
49 lation shall continue to serve their sentences in the custody of such
50 department and the provisions of such agreement shall continue to apply
51 with respect to such [inmates] incarcerated individuals. A copy of the
52 notice of cancellation shall be filed with the secretary of state and
53 with the clerks of courts in the manner provided in subdivision four of
54 section ninety-one of this article, and no [inmates] incarcerated indi-
55 viduals shall be delivered to the custody of the department under such
56 agreement after the date on which such cancellation becomes effective.
S. 3332 76
1 § 143-a. Section 92 of the correction law, as amended by section 11 of
2 subpart B of part C of chapter 62 of the laws of 2011, is amended to
3 read as follows:
4 § 92. Effect of agreement for custody of definite sentence [inmates]
5 incarcerated individuals. 1. After a copy of an agreement made under
6 section ninety-one of this article is filed with the secretary of state,
7 all commitments under sentences covered by the agreement by courts in
8 the county or city to which it applies shall be deemed to be to the
9 custody of the state department of corrections and community supervision
10 and shall be so construed and interpreted irrespective of the institu-
11 tion or agency to which the commitments are made.
12 2. Any [inmate] incarcerated individual who is serving a term of
13 imprisonment covered by the agreement imposed prior to the filing of
14 such agreement, and any [inmate] incarcerated individual who is under
15 consecutive definite sentences of imprisonment with an aggregate term of
16 the length covered by the agreement, irrespective of whether one or more
17 of such sentences was imposed prior to the filing of the agreement, may
18 be transferred to the care of the state department of corrections and
19 community supervision upon request of the head of the county or city
20 institution and approval of the state commissioner of corrections and
21 community supervision.
22 3. [Inmates] Incarcerated individuals who are deemed committed to the
23 custody of the state department of corrections and community supervision
24 under subdivision one of this section, or who may be transferred to the
25 care of the state department of corrections and community supervision
26 under subdivision two of this section, shall be dealt with in all
27 respects in the same manner as [inmates] incarcerated individuals
28 committed to the custody of the state department of corrections and
29 community supervision.
30 4. In the event any such agreement is cancelled, [inmates] incarcerat-
31 ed individuals delivered to the state department of corrections and
32 community supervision prior to the date of cancellation shall continue
33 to serve their sentences in the custody of such department and the
34 provisions of such agreement shall continue to apply with respect to
35 such [inmates] incarcerated individuals. A copy of the notice of
36 cancellation shall be filed with the secretary of state and with the
37 clerks of courts in the manner provided in subdivision four of section
38 ninety-one of this article, and no [inmates] incarcerated individuals
39 shall be delivered to the custody of the state department of corrections
40 and community supervision under such agreement after the date on which
41 such cancellation becomes effective.
42 § 144. Section 93 of the correction law, as amended by section 12 of
43 subpart B of part C of chapter 62 of the laws of 2011, is amended to
44 read as follows:
45 § 93. Temporary custody of sentenced [inmates] incarcerated individ-
46 uals in emergencies. 1. Whenever a state of emergency shall be declared
47 by the chief executive officer of a local government pursuant to section
48 two hundred nine-m of the general municipal law, the chief executive
49 officer of the county in which such state of emergency is declared, or
50 where a county or counties are wholly within a city the mayor of such
51 city, may request the governor to remove all or any number of sentenced
52 [inmates] incarcerated individuals from institutions maintained by such
53 county or city. Upon receipt of such request, if the governor is satis-
54 fied that the public interest so requires, the governor may, in his or
55 her discretion, authorize and direct the state commissioner of
S. 3332 77
1 corrections and community supervision to remove such [inmates] incarcer-
2 ated individuals.
3 2. Upon receipt of any such direction the state commissioner of
4 corrections and community supervision shall transport such [inmates]
5 incarcerated individuals to any correctional facility in the department
6 and such [inmates] incarcerated individuals shall be retained in the
7 custody of the department, subject to all laws and rules and regulations
8 pertaining to [inmates] incarcerated individuals in the custody of the
9 department, until returned to the institution from which they were
10 removed or discharged or released in accordance with the law.
11 3. In the event that the state department of corrections and community
12 supervision does not have space in its correctional facilities to accom-
13 modate all or any number of the [inmates] incarcerated individuals so
14 removed from a local institution, the commissioner shall have the power
15 to lodge any number of such [inmates] incarcerated individuals in any
16 county jail, workhouse or penitentiary within the state that has room to
17 receive them and such institution shall be required to receive such
18 [inmates] incarcerated individuals. [Inmates] Incarcerated individuals
19 so lodged shall be subject to all rules and regulations pertaining to
20 [inmates] incarcerated individuals committed to such institution until
21 returned to the institution from which they were removed, or removed to
22 a state correctional facility, or discharged or released in accordance
23 with the law; provided, however, that [inmates] incarcerated individuals
24 discharged or released from any such local institution shall be entitled
25 to receive clothing, money and transportation from the state department
26 of corrections and community supervision to the same extent as [inmates]
27 incarcerated individuals discharged or released from a state correction-
28 al facility.
29 4. When sentenced [inmates] incarcerated individuals have been removed
30 from a penitentiary pursuant to this section, such penitentiary may be
31 used for the purpose of detention of prisoners awaiting trial or for any
32 other purpose to which a county jail may be put.
33 5. The original order of commitment and any other case record pertain-
34 ing to [inmates] incarcerated individuals removed pursuant to this
35 section shall be delivered to the head of any institution in which he or
36 she may be lodged and shall be returned to the institution from which he
37 or she was removed at the time of his or her return to such institution
38 or upon his or her release or discharge in accordance with the law.
39 6. [Inmates] Incarcerated individuals removed from a local institution
40 pursuant to a request made under subdivision one of this section may be
41 returned to such institution by the state commissioner of corrections
42 and community supervision, subject to the approval of the governor, at
43 any time such commissioner is satisfied that the return of such
44 [inmates] incarcerated individuals is not inconsistent with the public
45 interest.
46 7. The county or city maintaining the institution from which [inmates]
47 incarcerated individuals are removed pursuant to subdivision one of this
48 section shall be liable for all damages arising out of any act performed
49 pursuant to this section and for reimbursement for the following items:
50 (a) The cost of clothing, money and transportation furnished to any
51 [inmate] incarcerated individual who is released or discharged prior to
52 the return of such [inmate] incarcerated individual to the institution
53 from which he or she is removed shall be paid to the state department of
54 corrections and community supervision; and
55 (b) The cost of maintaining any [inmate] incarcerated individual in a
56 county jail, workhouse or penitentiary shall be paid to the local
S. 3332 78
1 government that maintains such institution. Such cost shall be the actu-
2 al per capita daily cost, as certified to the state commissioner of
3 corrections and community supervision.
4 § 145. Section 94 of the correction law, as amended by section 13 of
5 subpart B of part C of chapter 62 of the laws of 2011, is amended to
6 read as follows:
7 § 94. Use of local government institutions for residential treatment
8 of persons under the custody of the state department of corrections and
9 community supervision. 1. The state commissioner of corrections and
10 community supervision is hereby authorized to transfer any [inmate]
11 incarcerated individual under the care or custody of the department who
12 is eligible to be transferred to a residential treatment facility under
13 section seventy-three of this chapter to any county jail, workhouse or
14 penitentiary for the purpose of having such [inmate] incarcerated indi-
15 vidual engage in a residential treatment facility program; provided,
16 however, that:
17 (a) Such [inmate] incarcerated individual has resided or was employed
18 or has dependents or parents who reside in the county, or in a county
19 that is contiguous to the county, in which the institution to which he
20 or she would be transferred is located;
21 (b) Arrangements have been made for the education, on-the-job train-
22 ing, employment or for some other rehabilitative treatment of such
23 [inmate] incarcerated individual in the county, or in a county that is
24 contiguous to the county, in which the institution to which he or she
25 would be transferred is located; and
26 (c) The sheriff, warden, superintendent, local commissioner of
27 correction or other person in charge of the institution to which the
28 [inmate] incarcerated individual would be transferred consents to such
29 transfer.
30 2. An [inmate] incarcerated individual so transferred shall continue
31 to be in the custody of the state department of corrections and communi-
32 ty supervision but shall, during the period of such transfer, be in the
33 care of the head of the institution to which he or she is transferred.
34 The provisions of section seventy-three of this chapter shall apply in
35 the case of any such transfer as fully and completely as if the [inmate]
36 incarcerated individual were transferred to a residential treatment
37 facility, and the head of the institution to which the [inmate] incar-
38 cerated individual is transferred and the officers and employees thereof
39 shall have and may exercise all of the powers of the superintendent of a
40 residential treatment facility with respect to the care or custody of
41 such [inmate] incarcerated individual.
42 In any case where an [inmate] incarcerated individual is employed,
43 however, the provisions of subdivision nine of such section seventy-
44 three shall not apply and the wages or salary of such [inmate] incarcer-
45 ated individual shall be dealt with under the provisions applicable to a
46 work release program in the type of institution to which he or she is
47 transferred as provided in [sections] section one hundred fifty-four[,]
48 or eight hundred seventy-two [or eight hundred ninety-three] of this
49 chapter as the case may be; and in the event such [inmate] incarcerated
50 individual is returned to a state correctional facility, any balance
51 remaining in the trust fund account shall be paid over to the super-
52 intendent of such facility and shall be deposited by him or her as
53 [inmates'] incarcerated individuals' funds pursuant to section one
54 hundred sixteen of this chapter.
55 3. If at any time the head of a local institution to which an [inmate]
56 incarcerated individual is transferred under this section is of the
S. 3332 79
1 opinion that continued care of such [inmate] incarcerated individual in
2 such institution is inconsistent with the welfare or safety of the
3 community or of the institution or its [inmates] incarcerated individ-
4 uals, he or she may request the state commissioner to return such
5 [inmate] incarcerated individual to a state correctional facility and,
6 upon the receipt of any such request, the commissioner shall cause such
7 [inmate] incarcerated individual to be so returned promptly and at the
8 expense of the state department of corrections and community super-
9 vision.
10 4. The expenses of any such transfer shall be paid by the state
11 department of corrections and community supervision and the commissioner
12 is hereby authorized to reimburse the local institution for a sum deter-
13 mined by the head of such institution and agreed to in advance by the
14 commissioner to be the cost of food, lodging and clothing within the
15 institution, and the actual and necessary food, travel and other
16 expenses required for a program outside the institution, incurred or
17 advanced by the institution; provided, however, that:
18 (a) In any case where the commissioner has a pending agreement with a
19 locality under section ninety-one of this article, the commissioner
20 shall not reimburse the local institution for any cost incurred for
21 food, lodging and clothing within the institution; and
22 (b) The wages or salary, if any, of such [inmate] incarcerated indi-
23 vidual shall be used for such reimbursement and shall be applied to
24 defray any costs authorized to be paid under this section before any
25 amount shall be paid by the commissioner hereunder, and any such wages
26 or salary may be so applied irrespective of the provisions of paragraph
27 (a) of this subdivision.
28 § 146. Subdivisions 2, 3 and 5 of section 95 of the correction law,
29 subdivisions 2 and 5 as added by chapter 3 of the laws of 1995 and
30 subdivision 3 as amended by chapter 518 of the laws of 1999, are amended
31 to read as follows:
32 2. Any such [inmate] incarcerated individual shall be deemed to be in
33 the custody of and subject to the jurisdiction of the department but
34 shall, during the period of his or her local confinement, be under the
35 care of the head of the local correctional facility in which he or she
36 resides.
37 3. If at any time the head of the local correctional facility is of
38 the opinion that the continued care of such [inmate] incarcerated indi-
39 vidual in the local correctional facility is inconsistent with the
40 welfare or safety of the [inmate] incarcerated individual, the communi-
41 ty, the facility or other [inmates] incarcerated individuals, he or she
42 may demand that such [inmate] incarcerated individual be transferred
43 forthwith to the custody of the department. Thereafter, the department
44 shall be obligated to receive into its custody such [inmate] incarcerat-
45 ed individual in the manner prescribed for the acceptance of newly
46 sentenced [inmates] incarcerated individuals required by section 430.20
47 of the criminal procedure law unless the contract specifies an alterna-
48 tive method of transfer. Notwithstanding the foregoing, in any case
49 where the [inmate] incarcerated individual in the care of the local
50 correctional facility pursuant to a contract as provided for in this
51 section is convicted of a class A-1 felony offense or a class B violent
52 felony offense or a class C violent felony offense, the head of the
53 local correctional facility may demand that such [inmate] incarcerated
54 individual be transferred forthwith to the custody of the department.
55 Thereafter, the department shall be obligated to receive into its custo-
S. 3332 80
1 dy such [inmate] incarcerated individual within forty-eight hours of
2 receipt of such demand from the head of the local correctional facility.
3 5. No [inmate] incarcerated individual shall be housed in a local
4 correctional facility or series of local correctional facilities pursu-
5 ant to a contract under subdivision one of this section for a period
6 exceeding six months.
7 § 147. Subdivisions (c), (d) and (e) of section 102 of the correction
8 law, as added by chapter 400 of the laws of 1984, are amended to read as
9 follows:
10 (c) "Receiving state" means a state party to this compact to which an
11 [inmate] incarcerated individual is sent for confinement other than a
12 state in which conviction or court commitment was had.
13 (d) "[Inmate] Incarcerated individual" means a male or female offender
14 who is committed, under sentence to or confined in a penal or correc-
15 tional institution.
16 (e) "Institution" means any penal or correctional facility, including
17 but not limited to a facility for the mentally ill or mentally defec-
18 tive, in which [inmates] incarcerated individuals as defined in subdivi-
19 sion (d) [hereof] of this section may lawfully be confined.
20 § 148. Subdivision (a) of section 103 of the correction law, as added
21 by chapter 400 of the laws of 1984, is amended to read as follows:
22 (a) Each party state may make one or more contracts with any one or
23 more of the other party states for the confinement of [inmates] incar-
24 cerated individuals on behalf of a sending state in institutions situ-
25 ated within receiving states. Any such contract shall provide for:
26 1. Its duration.
27 2. Payments to be made to the receiving state by the sending state for
28 [inmate] incarcerated individual maintenance, extraordinary medical and
29 dental expenses, and any participation in or receipt by [inmates] incar-
30 cerated individuals of rehabilitative or correctional services, facili-
31 ties, programs or treatment not reasonably included as part of normal
32 maintenance.
33 3. Participation in programs of [inmate] incarcerated individual
34 employment, if any; the disposition or crediting of any payments
35 received by [inmates] incarcerated individuals on account thereof; and
36 the crediting of proceeds from or disposal of any products resulting
37 therefrom.
38 4. Delivery and retaking of [inmates] incarcerated individuals.
39 5. Such other matters as may be necessary and appropriate to fix the
40 obligations, responsibilities and rights of the sending and receiving
41 states.
42 § 149. Section 104 of the correction law, as added by chapter 400 of
43 the laws of 1984, is amended to read as follows:
44 § 104. Procedures and rights. (a) Whenever the duly constituted
45 authorities in a state party to this compact, and which has entered into
46 a contract pursuant to section one hundred three of this article, shall
47 decide that confinement in, or transfer of an [inmate] incarcerated
48 individual to, an institution within the territory of another party
49 state is necessary or desirable in order to provide adequate quarters
50 and care or an appropriate program of rehabilitation or treatment, said
51 officials may direct that the confinement be within an institution with-
52 in the territory of said other party state, the receiving state to act
53 in that regard solely as agent for the sending state.
54 (b) The appropriate officials of any state party to this compact shall
55 have access, at all reasonable times, to any institution in which it has
56 a contractual right to confine [inmates] incarcerated individuals for
S. 3332 81
1 the purpose of inspecting the facilities thereof and visiting such of
2 its [inmates] incarcerated individuals as may be confined in the insti-
3 tution.
4 (c) [Inmates] Incarcerated individuals confined in an institution
5 pursuant to the terms of this compact shall at all times be subject to
6 the jurisdiction of the sending state and may at any time be removed
7 therefrom for transfer to a prison or other institution within the send-
8 ing state, for transfer to another institution in which the sending
9 state may have a contractual or other right to confine [inmates] incar-
10 cerated individuals, for release on probation or parole, for discharge,
11 or for any other purpose permitted by the laws of the sending state;
12 provide that the sending state shall continue to be obligated to such
13 payments as may be required pursuant to the terms of any contract
14 entered into under the terms contained in section one hundred three of
15 this article.
16 (d) Each receiving state shall provide regular reports to each sending
17 state on the [inmates] incarcerated individuals of that sending state in
18 institutions pursuant to this compact including a conduct record of each
19 [inmate] incarcerated individual and certify said record to the official
20 designated by the sending state, in order that each [inmate] incarcerat-
21 ed individual may have official review of his or her record in determin-
22 ing and altering the disposition of said [inmate] incarcerated individ-
23 ual in accordance with the law which may obtain in the sending state and
24 in order that the same may be a source of information for the sending
25 state.
26 (e) All [inmates] incarcerated individuals who may be confined in an
27 institution pursuant to the provisions of this compact shall be treated
28 in a reasonable and humane manner and shall be treated equally with such
29 similar [inmates] incarcerated individuals of the receiving state as may
30 be confined in the same institution. The fact of confinement in a
31 receiving state shall not deprive any [inmate] incarcerated individual
32 so confined of any legal rights which said [inmate] incarcerated indi-
33 vidual would have had if confined in an appropriate institution of the
34 sending state.
35 (f) Any hearing or hearings to which an [inmate] incarcerated individ-
36 ual confined pursuant to this compact may be entitled by the laws of the
37 sending state may be had before the appropriate authorities of the send-
38 ing state, or of the receiving state if authorized by the sending state.
39 The receiving state shall provide adequate facilities for such hearings
40 as may be conducted by the appropriate officials of a sending state. In
41 the event such hearing or hearings are had before officials of the
42 receiving state, the governing law shall be that of the sending state
43 and a record of the hearing or hearings as prescribed by the sending
44 state shall be made. Said record together with any recommendations of
45 the hearing officials shall be transmitted forthwith to the official or
46 officials before whom the hearing would have been had if it had taken
47 place in the sending state. In any and all proceedings had pursuant to
48 the provisions of this subdivision, the officials of the receiving state
49 shall act solely as agents of the sending state and no final determi-
50 nation shall be made in any matter except by the appropriate officials
51 of the sending state.
52 (g) Any [inmate] incarcerated individual confined pursuant to this
53 compact shall be released within the territory of the sending state
54 unless the [inmate] incarcerated individual, and the sending and receiv-
55 ing states, shall agree upon release in some other place. The sending
56 state shall bear the cost of such return to its territory.
S. 3332 82
1 (h) Any [inmate] incarcerated individual confined pursuant to the
2 terms of this compact shall have any and all rights to participate in
3 and derive any benefits or incur or be relieved of any obligations or
4 have such obligations modified or his or her status changed on account
5 of any action or proceeding in which he or she could have participated
6 if confined in any appropriate institution of the sending state located
7 within such state.
8 (i) The parent, guardian, trustee, or other person or persons entitled
9 under the laws of the sending state to act for, advise, or otherwise
10 function with respect to any [inmate] incarcerated individual shall not
11 be deprived of or restricted in his or her exercise of any power in
12 respect to any [inmate] incarcerated individual confined pursuant to the
13 terms of this compact.
14 § 150. Section 105 of the correction law, as added by chapter 400 of
15 the laws of 1984, is amended to read as follows:
16 § 105. Acts not reviewable in receiving state; extradition. (a) Any
17 decision of the sending state in respect to any matter over which it
18 retains jurisdiction pursuant to this compact shall be conclusive upon
19 and not reviewable within the receiving state, but if at the time the
20 sending state seeks to remove an [inmate] incarcerated individual from
21 an institution in the receiving state there is pending against the
22 [inmate] incarcerated individual within such state any criminal charge
23 or if the [inmate] incarcerated individual is formally accused of having
24 committed within such state a criminal offense, the [inmate] incarcerat-
25 ed individual shall not be returned without the consent of the receiving
26 state until discharged from prosecution or other form of proceeding,
27 imprisonment or detention for such offense. The duly accredited officers
28 of the sending state shall be permitted to transport [inmates] incarcer-
29 ated individuals pursuant to this compact through any and all states
30 party to this compact without interference.
31 (b) Any [inmate] incarcerated individual who escapes from an institu-
32 tion in which he or she is confined pursuant to this compact shall be
33 deemed a fugitive from the sending state and from the state in which the
34 institution is situated. In the case of any escape to a jurisdiction
35 other than the sending or receiving state, the responsibility for insti-
36 tution of extradition or rendition proceedings shall be that of the
37 sending state, but nothing contained herein shall be construed to
38 prevent or affect the activities of officers and agencies of any juris-
39 diction directed toward the apprehension and return of the escapee.
40 § 151. Section 106 of the correction law, as added by chapter 400 of
41 the laws of 1984, is amended to read as follows:
42 § 106. Federal aid. Any state party to this compact may accept federal
43 aid for use in connection with any institution or program, the use of
44 which is or may be affected by this compact or any contract pursuant
45 hereto and any [inmate] incarcerated individual in a receiving state
46 pursuant to this compact may participate in any such federally aided
47 program or activity for which the sending and receiving states have made
48 contractual provision, provided that if such program or activity is not
49 part of the customary correctional regimen, the express consent of the
50 appropriate official of the sending state shall be required therefor.
51 § 152. Section 108 of the correction law, as added by chapter 400 of
52 the laws of 1984, is amended to read as follows:
53 § 108. Withdrawal and termination. This compact shall continue in
54 force and remain binding upon a party state until it shall have enacted
55 a statute repealing the same and providing for the sending of formal
56 written notice of withdrawal from the compact to the appropriate offi-
S. 3332 83
1 cials of all other party states. An actual withdrawal shall not take
2 effect until one year after the notices provided in said statute have
3 been sent. Such withdrawal shall not relieve the withdrawing state from
4 its obligations assumed hereunder prior to the effective date of with-
5 drawal. Before the effective date of withdrawal, a withdrawing state
6 shall remove to its territory, at its own expense, such [inmates] incar-
7 cerated individuals as it may have confined pursuant to the provisions
8 of this compact.
9 § 153. Subdivision (a) of section 109 of the correction law, as added
10 by chapter 400 of the laws of 1984, is amended to read as follows:
11 (a) Nothing contained in this compact shall be construed to abrogate
12 or impair any agreement or other arrangement which a party state may
13 have with a nonparty state for the confinement, rehabilitation or treat-
14 ment of [inmates] incarcerated individuals nor to repeal any other laws
15 of a party state authorizing the making of cooperative institutional
16 arrangements.
17 § 154. Subdivisions 1, 2, 4 and 5 of section 112 of the correction
18 law, subdivisions 1 and 2 as amended and subdivision 4 as added by
19 section 19 of subpart A of part C of chapter 62 of the laws of 2011, and
20 subdivision 5 as added by chapter 211 of the laws of 2020, are amended
21 to read as follows:
22 1. The commissioner of corrections and community supervision shall
23 have the superintendence, management and control of the correctional
24 facilities in the department and of the [inmates] incarcerated individ-
25 uals confined therein, and of all matters relating to the government,
26 discipline, policing, contracts and fiscal concerns thereof. He or she
27 shall have the power and it shall be his or her duty to inquire into all
28 matters connected with said correctional facilities. He or she shall
29 make such rules and regulations, not in conflict with the statutes of
30 this state, for the government of the officers and other employees of
31 the department assigned to said facilities, and in regard to the duties
32 to be performed by them, and for the government and discipline of each
33 correctional facility, as he or she may deem proper, and shall cause
34 such rules and regulations to be recorded by the superintendent of the
35 facility, and a copy thereof to be furnished to each employee assigned
36 to the facility. He or she shall also prescribe a system of accounts and
37 records to be kept at each correctional facility, which system shall be
38 uniform at all of said facilities, and he or she shall also make rules
39 and regulations for a record of photographs and other means of identify-
40 ing each [inmate] incarcerated individual received into said facilities.
41 He or she shall appoint and remove, subject to the civil service law
42 [and rules], subordinate officers and other employees of the department
43 who are assigned to correctional facilities.
44 2. The commissioner shall have the management and control of persons
45 released on community supervision and of all matters relating to such
46 persons' effective reentry into the community, as well as all contracts
47 and fiscal concerns thereof. The commissioner shall have the power and
48 it shall be his or her duty to inquire into all matters connected with
49 said community supervision. The commissioner shall make such rules and
50 regulations, not in conflict with the statutes of this state, for the
51 governance of the officers and other employees of the department
52 assigned to said community supervision, and in regard to the duties to
53 be performed by them, as he or she deems proper and shall cause such
54 rules and regulations to be furnished to each employee assigned to
55 perform community supervision. The commissioner shall also prescribe a
56 system of accounts and records to be kept, which shall be uniform. The
S. 3332 84
1 commissioner shall also make rules and regulations for a record of
2 photographs and other means of identifying each [inmate] incarcerated
3 individual released to community supervision. The commissioner shall
4 appoint officers and other employees of the department who are assigned
5 to perform community supervision.
6 4. The commissioner and the chair of the parole board shall work
7 jointly to develop and implement, as soon as practicable, a risk and
8 needs assessment instrument or instruments, which shall be empirically
9 validated, that would be administered to [inmates] incarcerated individ-
10 uals upon reception into a correctional facility, and throughout their
11 incarceration and release to community supervision, to facilitate appro-
12 priate programming both during an [inmate's] incarcerated individual's
13 incarceration and community supervision, and designed to facilitate the
14 successful integration of [inmates] incarcerated individuals into the
15 community.
16 5. (a) The commissioner shall not make or promulgate any policy and/or
17 regulation requiring an [inmate] incarcerated individual to waive any
18 religious right, including, but not limited to, daily prayer as a condi-
19 tion for participation in any [inmate] incarcerated individual program
20 including any such program developed and/or implemented pursuant to
21 subdivision four of this section including, but not limited to, the
22 shock program and the industrial training program.
23 (b) Upon request, [inmates] incarcerated individuals shall be granted
24 exemptions for activities, including jobs, that coincide with the
25 Sabbath and other work proscription days, including those set forth in
26 the religious calendar.
27 § 155. Section 113 of the correction law, as amended by section 20 of
28 subpart A of part C of chapter 62 of the laws of 2011, is amended to
29 read as follows:
30 § 113. Absence of [inmate] incarcerated individual for funeral and
31 deathbed visits authorized. The commissioner may permit any [inmate]
32 incarcerated individual confined by the department except one awaiting
33 the sentence of death to attend the funeral of his or her father, moth-
34 er, guardian or former guardian, child, brother, sister, husband, wife,
35 grandparent, grandchild, ancestral uncle or ancestral aunt within the
36 state, or to visit such individual during his or her illness if death be
37 imminent; but the exercise of such power shall be subject to such rules
38 and regulations as the commissioner shall prescribe, respecting the
39 granting of such permission, duration of absence from the institution,
40 custody, transportation and care of the [inmate] incarcerated
41 individual, and guarding against escape. Any expense incurred under the
42 provisions of this section, with respect to any [inmate] incarcerated
43 individual permitted to attend a funeral or visit a relative during last
44 illness, shall be deemed an expense of maintenance of the institution
45 and be paid from moneys available therefor; but the superintendent, if
46 the rules and regulations of the commissioner shall so provide, may
47 allow the [inmate] incarcerated individual or anyone in his or her
48 behalf to reimburse the state for such expense.
49 § 156. Section 114 of the correction law, as added by chapter 372 of
50 the laws of 2018, is amended to read as follows:
51 § 114. Rehabilitation programs for women; to be commensurate to those
52 afforded men. It shall be the duty of the commissioner to assure an
53 array of rehabilitation programs are provided among the correctional
54 facilities in which female [inmates] incarcerated individuals are
55 confined, within the appropriations made therefor, including but not
56 limited to vocational, academic and industrial programs, which are
S. 3332 85
1 comparable to the programs provided to male [inmates] incarcerated indi-
2 viduals during the course of their incarceration.
3 § 157. Section 116 of the correction law, as amended by section 14 of
4 subpart B of part C of chapter 62 of the laws of 2011, is amended to
5 read as follows:
6 § 116. [Inmates'] incarcerated individuals' funds. The warden or
7 superintendent of each of the institutions within the jurisdiction of
8 the department of corrections and community supervision shall deposit at
9 least once in each week to his or her credit as such warden, or super-
10 intendent, in such bank or banks as may be designated by the comp-
11 troller, all the moneys received by him or her as such warden, or super-
12 intendent, as [inmates'] incarcerated individuals' funds, and send to
13 the comptroller and also to the commissioner monthly, a statement show-
14 ing the amount so received and deposited. Such statement of deposits
15 shall be certified by the proper officer of the bank receiving such
16 deposit or deposits. The warden, or superintendent, shall also verify by
17 his or her affidavit that the sum so deposited is all the money received
18 by him or her as [inmates'] incarcerated individuals' funds during the
19 month. Any bank in which such deposits shall be made shall, before
20 receiving any such deposits, file a bond with the comptroller of the
21 state, subject to his or her approval, for such sum as he or she shall
22 deem necessary. Upon a certificate of approval issued by the director
23 of the budget, pursuant to the provisions of section fifty-three of the
24 state finance law, the amount of interest, if any, heretofore accrued
25 and hereafter to accrue on moneys so deposited, heretofore and hereafter
26 credited to the warden, or superintendent, by the bank from time to
27 time, shall be available for expenditure by the warden, or superinten-
28 dent, subject to the direction of the commissioner, for welfare work
29 among the [inmates] incarcerated individuals in his or her custody. The
30 withdrawal of moneys so deposited by such warden, or superintendent, as
31 [inmates'] incarcerated individuals' funds, including any interest so
32 credited, shall be subject to his or her check. Each warden, or super-
33 intendent, shall each month provide the comptroller and also the commis-
34 sioner with a record of all withdrawals from [inmates'] incarcerated
35 individuals' funds. As used in this section, the term "[inmates'] incar-
36 cerated individuals' funds" means the funds in the possession of the
37 [inmate] incarcerated individual at the time of his or her admission
38 into the institution, funds earned by him or her as provided in section
39 one hundred eighty-seven of this chapter and any other funds received by
40 him or her or on his or her behalf and deposited with such warden or
41 superintendent in accordance with the rules and regulations of the
42 commissioner. Whenever the total unencumbered value of funds in an
43 [inmate's] incarcerated individual's account exceeds ten thousand
44 dollars, the superintendent shall give written notice to the office of
45 victim services.
46 § 158. Section 119 of the correction law, as amended by chapter 476 of
47 the laws of 1970, is amended to read as follows:
48 § 119. Daily report concerning [inmates] incarcerated individuals.
49 The superintendent of each correctional facility shall make a daily
50 report to the commissioner of correction, stating the names of all
51 [inmates] incarcerated individuals received into the facility during the
52 preceding day, the counties in which they were tried, the crimes of
53 which they were convicted, the nature and duration of their sentences,
54 their former trade, employment or occupation, their habits, color, age,
55 place of nativity, degree of instruction, and a description of their
56 persons, and also stating whether any such [inmates] incarcerated indi-
S. 3332 86
1 viduals have ever been confined in any state or county correctional
2 institution, and if so, stating the offense for which they were
3 confined, and the duration of their punishment, and also stating in such
4 report the names of all the [inmates] incarcerated individuals trans-
5 ferred or released to the community or delivered to other governmental
6 authority on the preceding day, and all other particulars in relation to
7 such persons that are required to be stated in relation to the [inmates]
8 incarcerated individuals received in the facility.
9 § 159. Subdivision 2 of section 120 of the correction law, as amended
10 by section 15 of subpart B of part C of chapter 62 of the laws of 2011,
11 is amended to read as follows:
12 2. Nothing in this section shall limit in any way the authority of the
13 commissioner, or any county or the city of New York, to enter into any
14 contract authorized by subdivision eighteen of section two, section
15 seventy-two-a, section seventy-three, section ninety-five, article
16 five-A or article twenty-six of this chapter, or to limit the responsi-
17 bility of the department of corrections and community supervision to
18 supervise [inmates] incarcerated individuals or persons released to
19 community supervision while away from an institution pursuant to section
20 seventy-two-a, section seventy-three or article twenty-six of this chap-
21 ter or while confined at a drug treatment campus as defined in subdivi-
22 sion twenty of section two of this chapter.
23 § 160. Section 121 of the correction law, as added by chapter 202 of
24 the laws of 2007, is amended to read as follows:
25 § 121. Private ownership or operation of correctional facilities.
26 Except as otherwise provided in subdivisions two, three and four of
27 section one hundred twenty of this article or in federal law, the
28 private operation or management of a correctional facility as defined in
29 subdivision four of section two of this chapter or a local correctional
30 facility, as defined in subdivision sixteen of section two of this chap-
31 ter, the private ownership or operation of a facility for housing state
32 or local [inmates] incarcerated individuals or the private ownership or
33 operation of a facility for the incarceration of other state's [inmates]
34 incarcerated individuals is prohibited.
35 § 161. Section 125 of the correction law, as amended by chapter 476 of
36 the laws of 1970, subdivision 2 as amended by section 21 of subpart A of
37 part C of chapter 62 of the laws of 2011, and subdivision 3 as amended
38 by chapter 55 of the laws of 1992, is amended to read as follows:
39 § 125. [Inmates'] Incarcerated individuals' money, clothing and other
40 property; what to be furnished them on their release. 1. The superinten-
41 dent, or an employee covered by bond who is designated by the super-
42 intendent, of each correctional facility shall take charge of all moneys
43 and other articles which may be brought to the facility by the [inmates]
44 incarcerated individuals, and shall cause the same, immediately upon the
45 receipt thereof, to be entered among the receipts of the facility; which
46 money and other articles, whenever the [inmate] incarcerated individual
47 from whom the same was received shall be discharged from the custody of
48 the department, or the same shall be otherwise legally demanded, shall
49 be returned by the said superintendent to such [inmate] incarcerated
50 individual or other person legally entitled to the same, and vouchers
51 shall be taken therefor. The commissioner shall promulgate rules and
52 regulations concerning the custody and transfer of such money and other
53 articles in cases where [inmates] incarcerated individuals are trans-
54 ferred from one facility to another.
55 2. The superintendent of each of said facilities shall furnish to each
56 [inmate] incarcerated individual who shall be discharged or released
S. 3332 87
1 from said facility by pardon, parole, conditional release or otherwise,
2 except such [inmates] incarcerated individuals as are released for
3 return for resentence or new trial or upon a certificate of reasonable
4 doubt, and except such [inmates] incarcerated individuals who are
5 released to participate in a program outside the facility who are
6 required to return to the facility, suitable clothing adapted to the
7 season in which he or she is discharged not to exceed sixty-five dollars
8 in value and transportation to the county of his or her conviction or to
9 such other place as the commissioner may designate. In addition, the
10 commissioner shall take such steps as are necessary to ensure that
11 [inmates] incarcerated individuals have at least forty dollars available
12 upon release.
13 3. In any case where an [inmate] incarcerated individual is not enti-
14 tled to receive clothing and transportation under subdivision two of
15 this section, the superintendent, in his or her discretion, but subject
16 to the rules of the department, may furnish an [inmate] incarcerated
17 individual who is released from a facility with clothing or transporta-
18 tion not in excess of the value for each item specified in subdivision
19 two of this section.
20 § 162. Section 130 of the correction law, as amended by chapter 476 of
21 the laws of 1970, is amended to read as follows:
22 § 130. Custody of [inmate] incarcerated individual sentenced to death
23 and commuted by governor. The commissioner shall designate appropriate
24 correctional facilities to receive, on the order of the governor, any
25 person convicted of any crime punishable by death, or who shall be
26 pardoned, on condition of being confined either for life or a term of
27 years in a correctional facility, and such person shall be confined
28 according to the terms of such condition.
29 § 163. Section 132 of the correction law, as amended by chapter 843 of
30 the laws of 1980, is amended to read as follows:
31 § 132. Retaking of an escaped [inmate] incarcerated individual. If an
32 [inmate] incarcerated individual escapes from a correctional facility,
33 he or she may be arrested and returned by the superintendent or by an
34 officer or employee of the department or by any peace officer, acting
35 pursuant to his or her special duties, or police officer without a
36 warrant; or a magistrate may cause such escaped [inmate] incarcerated
37 individual to be arrested and held in custody until he or she can be
38 removed to a correctional facility, as in the case of a commitment.
39 Rewards for the taking of such escaped [inmates] incarcerated individ-
40 uals may be provided for by the rules of the department.
41 § 164. Section 133 of the correction law, as amended by chapter 550 of
42 the laws of 1978, is amended to read as follows:
43 § 133. Superintendent to report concerning [inmate] incarcerated indi-
44 vidual believed mentally ill when crime was committed. Whenever the
45 superintendent of a correctional facility shall have reason to believe
46 that any [inmate] incarcerated individual in the facility was mentally
47 ill at the time he or she committed the offense for which he or she was
48 sentenced, such superintendent shall communicate in writing to the
49 commissioner of correction his or her reason for such opinion, and shall
50 refer the commissioner of correction to all the sources of information
51 with which he or she may be acquainted in relation to the mental illness
52 of such [inmate] incarcerated individual. The commissioner of correction
53 shall then transmit such opinion and information to the governor with
54 his or her recommendations thereon.
55 § 165. Section 136 of the correction law, as amended by chapter 431 of
56 the laws of 2015, is amended to read as follows:
S. 3332 88
1 § 136. Correctional education. 1. The objective of correctional educa-
2 tion in its broadest sense should be the socialization of the [inmates]
3 incarcerated individuals through varied impressional and expressional
4 activities, with emphasis on individual [inmate] incarcerated individual
5 needs. The objective of this program shall be the return of these
6 [inmates] incarcerated individuals to society with a more wholesome
7 attitude toward living, with a desire to conduct themselves as good
8 citizens, and with the skill and knowledge which will give them a
9 reasonable chance to maintain themselves and their dependents through
10 honest labor. To this end each [inmate] incarcerated individual shall be
11 given a program of education which, on the basis of available data,
12 seems most likely to further the process of socialization and rehabili-
13 tation. Provided that, the commissioner, in consultation with the
14 commissioner of education, shall develop a curricula for and require
15 provision of an education program to all [inmates] incarcerated individ-
16 ual, on a periodic basis, on the consequences and prevention of shaken
17 baby syndrome which may include the viewing of a video presentation
18 thereon. The time daily devoted to such education shall be such as is
19 required for meeting the above objectives. The director of education,
20 subject to the direction of the commissioner and after consultation with
21 the commissioner of education, shall develop the curricula and the
22 education programs that are required to meet the special needs of each
23 correctional facility in the department. The commissioner of education,
24 in cooperation with the commissioner and the director of education,
25 shall set up the educational requirements for the certification of
26 teachers in all such correctional facilities. Such educational require-
27 ments shall be sufficiently broad and comprehensive to include training
28 in penology, sociology, psychology, philosophy, in the special subjects
29 to be taught, and in any other professional courses as may be deemed
30 necessary by the responsible officers, and shall include training relat-
31 ing to the consequences and prevention of shaken baby syndrome which may
32 include the viewing of a video presentation thereon. No certificates for
33 teaching service in the state institutions shall be issued unless a
34 minimum of four years of training beyond the high school has been
35 secured, or an acceptable equivalent. Existing requirements for the
36 certification of teachers in the institutions shall continue in force
37 until changed pursuant to the provisions of this section.
38 2. All [inmates] incarcerated individuals admitted to the department
39 serving a determinate term of imprisonment, or an indeterminate sentence
40 of imprisonment other than a sentence of life imprisonment without
41 parole, who have been evaluated upon admission pursuant to subdivision
42 one of section one hundred thirty-seven of this article and are deter-
43 mined to be capable of successfully completing the academic course work
44 required for the test assessing secondary completion, shall be provided
45 with the opportunity to complete such course work at least two months
46 prior to the date on which such [inmate] incarcerated individual may be
47 paroled, conditionally released, released to post-release supervision
48 pursuant to section 70.40 of the penal law, or presumptively released,
49 pursuant to section eight hundred three of this chapter. Upon admission
50 to the department, such [inmates] incarcerated individuals will be
51 provided with written notice that the test assessing secondary
52 completion programs are available for all [inmates] incarcerated indi-
53 viduals who so apply.
54 3. The department shall ensure that academic education programs which
55 provide the appropriate curriculum and certified academic staff for the
56 test assessing secondary completion instruction are available at all
S. 3332 89
1 correctional facilities housing [inmates] incarcerated individuals who
2 are eligible as specified in subdivision two of this section. The
3 department shall provide academic staff who are qualified to provide
4 such instruction and who are members of the competitive class of the
5 civil service of New York state. The department shall develop a plan for
6 implementation of the test assessing secondary completion requirement
7 which shall be presented to the assembly standing committee on
8 correction and the senate standing committee on crime victims, crime and
9 correction on or before April first, two thousand nineteen.
10 § 166. Section 137 of the correction law, as added by section 476 of
11 the laws of 1970, subdivision 1 as amended by chapter 476 of the laws of
12 2017, subdivision 6 as amended by chapter 490 of the laws of 1974, the
13 opening paragraph and paragraph (f) of subdivision 6 as amended and
14 paragraphs (d) and (e) of subdivision b of subdivision 6 as added by
15 chapter 1 of the laws of 2008, paragraph (g) of subdivision 6 as added
16 by chapter 261 of the laws of 2019, is amended to read as follows:
17 § 137. Program of treatment, control, discipline at correctional
18 facilities. 1. The commissioner shall establish program and classifica-
19 tion procedures designed to assure the complete study of the background
20 and condition of each [inmate] incarcerated individual in the care or
21 custody of the department and the assignment of such [inmate] incarcer-
22 ated individual to a program that is most likely to be useful in assist-
23 ing him or her to refrain from future violations of the law. Such proce-
24 dures shall be incorporated into the rules and regulations of the
25 department and shall require among other things: consideration of the
26 physical, mental and emotional condition of the [inmate] incarcerated
27 individual; consideration of his or her educational and vocational
28 needs; enrollment of each [inmate] incarcerated individual in assigned
29 programs as soon as practicable; consideration of the danger he or she
30 presents to the community or to other [inmates] incarcerated
31 individuals; the recording of continuous case histories including
32 notations as to apparent success or failure of treatment employed; and
33 periodic review of case histories and treatment methods used.
34 2. The commissioner shall provide for such measures as he or she may
35 deem necessary or appropriate for the safety, security and control of
36 correctional facilities and the maintenance of order therein.
37 3. Each [inmate] incarcerated individual shall be entitled to clothing
38 suited to the season and weather conditions and to a sufficient quantity
39 of wholesome and nutritious food. To the extent practicable, the cloth-
40 ing and bedding of [inmates] incarcerated individuals shall be manufac-
41 tured and laundered in institutions in the department.
42 4. Whenever there shall be a sufficient number of cells or rooms in a
43 correctional facility, each [inmate] incarcerated individual shall be
44 given sleeping accommodations in a separate cell or room, provided,
45 however, that nothing herein contained shall be construed so as to limit
46 the right of the department to utilize dormitory-type accommodations
47 where necessary or where appropriate to a program of treatment.
48 5. No [inmate] incarcerated individual in the care or custody of the
49 department shall be subjected to degrading treatment, and no officer or
50 other employee of the department shall inflict any blows whatever upon
51 any [inmate] incarcerated individual, unless in self defense, or to
52 suppress a revolt or insurrection. When any [inmate] incarcerated indi-
53 vidual, or group of [inmates] incarcerated individuals, shall offer
54 violence to any person, or do or attempt to do any injury to property,
55 or attempt to escape, or resist or disobey any lawful direction, the
56 officers and employees shall use all suitable means to defend them-
S. 3332 90
1 selves, to maintain order, to enforce observation of discipline, to
2 secure the persons of the offenders and to prevent any such attempt or
3 escape.
4 6. Except as provided in paragraphs (d) and (e) of this subdivision,
5 the superintendent of a correctional facility may keep any [inmate]
6 incarcerated individual confined in a cell or room, apart from the
7 accommodations provided for [inmates] incarcerated individuals who are
8 participating in programs of the facility, for such period as may be
9 necessary for maintenance of order or discipline, but in any such case
10 the following conditions shall be observed:
11 (a) The [inmate] incarcerated individual shall be supplied with a
12 sufficient quantity of wholesome and nutritious food, provided, however,
13 that such food need not be the same as the food supplied to [inmates]
14 incarcerated individuals who are participating in programs of the facil-
15 ity;
16 (b) Adequate sanitary and other conditions required for the health of
17 the [inmate] incarcerated individual shall be maintained;
18 (c) Where such confinement is for a period in excess of twenty-four
19 hours, the superintendent shall arrange for the facility health services
20 director, or a registered nurse or physician's associate approved by the
21 facility health services director to visit such [inmate] incarcerated
22 individual at the expiration of twenty-four hours and at least once in
23 every twenty-four hour period thereafter, during the period of such
24 confinement, to examine into the state of health of the [inmate] incar-
25 cerated individual, and the superintendent shall give full consideration
26 to any recommendation that may be made by the facility health services
27 director for measures with respect to dietary needs or conditions of
28 confinement of such [inmate] incarcerated individual required to main-
29 tain the health of such [inmate] incarcerated individual; and
30 (d) (i) Except as set forth in clause (E) of subparagraph (ii) of this
31 paragraph, the department, in consultation with mental health clini-
32 cians, shall divert or remove [inmates] incarcerated individuals with
33 serious mental illness, as defined in paragraph (e) of this subdivision,
34 from segregated confinement, where such confinement could potentially be
35 for a period in excess of thirty days, to a residential mental health
36 treatment unit. Nothing in this paragraph shall be deemed to prevent
37 the disciplinary process from proceeding in accordance with department
38 rules and regulations for disciplinary hearings.
39 (ii) (A) Upon placement of an [inmate] incarcerated individual into
40 segregated confinement at a level one or level two facility, a suicide
41 prevention screening instrument shall be administered by staff from the
42 department or the office of mental health who has been trained for that
43 purpose. If such a screening instrument reveals that the [inmate] incar-
44 cerated individual is at risk of suicide, a mental health clinician
45 shall be consulted and appropriate safety precautions shall be taken.
46 Additionally, within one business day of the placement of such an
47 [inmate] incarcerated individual into segregated confinement at a level
48 one or level two facility, the [inmate] incarcerated individual shall be
49 assessed by a mental health clinician.
50 (B) Upon placement of an [inmate] incarcerated individual into segre-
51 gated confinement at a level three or level four facility, a suicide
52 prevention screening instrument shall be administered by staff from the
53 department or the office of mental health who has been trained for that
54 purpose. If such a screening instrument reveals that the [inmate] incar-
55 cerated individual is at risk of suicide, a mental health clinician
56 shall be consulted and appropriate safety precautions shall be taken.
S. 3332 91
1 All [inmates] incarcerated individuals placed in segregated confinement
2 at a level three or level four facility shall be assessed by a mental
3 health clinician, within fourteen days of such placement into segregated
4 confinement.
5 (C) At the initial assessment, if the mental health clinician finds
6 that an [inmate] incarcerated individual suffers from a serious mental
7 illness, a recommendation shall be made whether exceptional circum-
8 stances, as described in clause (E) of this subparagraph, exist. In a
9 facility with a joint case management committee, such recommendation
10 shall be made by such committee. In a facility without a joint case
11 management committee, the recommendation shall be made jointly by a
12 committee consisting of the facility's highest ranking mental health
13 clinician, the deputy superintendent for security, and the deputy super-
14 intendent for program services, or their equivalents. Any such recommen-
15 dation shall be reviewed by the joint central office review committee.
16 The administrative process described in this clause shall be completed
17 within fourteen days of the initial assessment, and if the result of
18 such process is that the [inmate] incarcerated individual should be
19 removed from segregated confinement, such removal shall occur as soon as
20 practicable, but in no event more than seventy-two hours from the
21 completion of the administrative process.
22 (D) If an [inmate] incarcerated individual with a serious mental
23 illness is not diverted or removed to a residential mental health treat-
24 ment unit, such [inmate] incarcerated individual shall be reassessed by
25 a mental health clinician within fourteen days of the initial assessment
26 and at least once every fourteen days thereafter. After each such addi-
27 tional assessment, a recommendation as to whether such [inmate] incar-
28 cerated individual should be removed from segregated confinement shall
29 be made and reviewed according to the process set forth in clause (C) of
30 this subparagraph.
31 (E) A recommendation or determination whether to remove an [inmate]
32 incarcerated individual from segregated confinement shall take into
33 account the assessing mental health clinicians' opinions as to the
34 [inmate's] incarcerated individual's mental condition and treatment
35 needs, and shall also take into account any safety and security concerns
36 that would be posed by the [inmate's] incarcerated individual's removal,
37 even if additional restrictions were placed on the [inmate's] incarcer-
38 ated individual's access to treatment, property, services or privileges
39 in a residential mental health treatment unit. A recommendation or
40 determination shall direct the [inmate's] incarcerated individual's
41 removal from segregated confinement except in the following exceptional
42 circumstances: (1) when the reviewer finds that removal would pose a
43 substantial risk to the safety of the [inmate] incarcerated individual
44 or other persons, or a substantial threat to the security of the facili-
45 ty, even if additional restrictions were placed on the [inmate's] incar-
46 cerated individual's access to treatment, property, services or privi-
47 leges in a residential mental health treatment unit; or (2) when the
48 assessing mental health clinician determines that such placement is in
49 the [inmate's] incarcerated individual's best interests based on his or
50 her mental condition and that removing such [inmate] incarcerated indi-
51 vidual to a residential mental health treatment unit would be detri-
52 mental to his or her mental condition. Any determination not to remove
53 an [inmate] incarcerated individual with serious mental illness from
54 segregated confinement shall be documented in writing and include the
55 reasons for the determination.
S. 3332 92
1 (iii) [Inmates] Incarcerated individuals with serious mental illness
2 who are not diverted or removed from segregated confinement shall be
3 offered a heightened level of care, involving a minimum of two hours
4 each day, five days a week, of out-of-cell therapeutic treatment and
5 programming. This heightened level of care shall not be offered only in
6 the following circumstances:
7 (A) The heightened level of care shall not apply when an [inmate]
8 incarcerated individual with serious mental illness does not, in the
9 reasonable judgment of a mental health clinician, require the heightened
10 level of care. Such determination shall be documented with a written
11 statement of the basis of such determination and shall be reviewed by
12 the Central New York Psychiatric Center clinical director or his or her
13 designee. Such a determination is subject to change should the
14 [inmate's] incarcerated individual's clinical status change. Such deter-
15 mination shall be reviewed and documented by a mental health clinician
16 every thirty days, and in consultation with the Central New York Psychi-
17 atric Center clinical director or his or her designee not less than
18 every ninety days.
19 (B) The heightened level of care shall not apply in exceptional
20 circumstances when providing such care would create an unacceptable risk
21 to the safety and security of [inmates] incarcerated individuals or
22 staff. Such determination shall be documented by security personnel
23 together with the basis of such determination and shall be reviewed by
24 the facility superintendent, in consultation with a mental health clini-
25 cian, not less than every seven days for as long as the [inmate] incar-
26 cerated individual remains in segregated confinement. The facility shall
27 attempt to resolve such exceptional circumstances so that the heightened
28 level of care may be provided. If such exceptional circumstances remain
29 unresolved for thirty days, the matter shall be referred to the joint
30 central office review committee for review.
31 (iv) [Inmates] Incarcerated individuals with serious mental illness
32 who are not diverted or removed from segregated confinement shall not be
33 placed on a restricted diet, unless there has been a written determi-
34 nation that the restricted diet is necessary for reasons of safety and
35 security. If a restricted diet is imposed, it shall be limited to seven
36 days, except in the exceptional circumstances where the joint case
37 management committee determines that limiting the restricted diet to
38 seven days would pose an unacceptable risk to the safety and security of
39 [inmates] incarcerated individuals or staff. In such case, the need for
40 a restricted diet shall be reassessed by the joint case management
41 committee every seven days.
42 (v) All [inmates] incarcerated individuals in segregated confinement
43 in a level one or level two facility who are not assessed with a serious
44 mental illness at the initial assessment shall be offered at least one
45 interview with a mental health clinician within fourteen days of their
46 initial mental health assessment, and additional interviews at least
47 every thirty days thereafter, unless the mental health clinician at the
48 most recent interview recommends an earlier interview or assessment. All
49 [inmates] incarcerated individuals in segregated confinement in a level
50 three or level four facility who are not assessed with a serious mental
51 illness at the initial assessment shall be offered at least one inter-
52 view with a mental health clinician within thirty days of their initial
53 mental health assessment, and additional interviews at least every nine-
54 ty days thereafter, unless the mental health clinician at the most
55 recent interview recommends an earlier interview or assessment.
S. 3332 93
1 (e) An [inmate] incarcerated individual has a serious mental illness
2 when he or she has been determined by a mental health clinician to meet
3 at least one of the following criteria:
4 (i) he or she has a current diagnosis of, or is diagnosed at the
5 initial or any subsequent assessment conducted during the [inmate's]
6 incarcerated individual's segregated confinement with, one or more of
7 the following types of Axis I diagnoses, as described in the most recent
8 edition of the Diagnostic and Statistical Manual of Mental Disorders,
9 and such diagnoses shall be made based upon all relevant clinical
10 factors, including but not limited to symptoms related to such diag-
11 noses:
12 (A) schizophrenia (all sub-types),
13 (B) delusional disorder,
14 (C) schizophreniform disorder,
15 (D) schizoaffective disorder,
16 (E) brief psychotic disorder,
17 (F) substance-induced psychotic disorder (excluding intoxication and
18 withdrawal),
19 (G) psychotic disorder not otherwise specified,
20 (H) major depressive disorders, or
21 (I) bipolar disorder I and II;
22 (ii) he or she is actively suicidal or has engaged in a recent, seri-
23 ous suicide attempt;
24 (iii) he or she has been diagnosed with a mental condition that is
25 frequently characterized by breaks with reality, or perceptions of real-
26 ity, that lead the individual to experience significant functional
27 impairment involving acts of self-harm or other behavior that have a
28 seriously adverse effect on life or on mental or physical health;
29 (iv) he or she has been diagnosed with an organic brain syndrome that
30 results in a significant functional impairment involving acts of self-
31 harm or other behavior that have a seriously adverse effect on life or
32 on mental or physical health;
33 (v) he or she has been diagnosed with a severe personality disorder
34 that is manifested by frequent episodes of psychosis or depression, and
35 results in a significant functional impairment involving acts of self-
36 harm or other behavior that have a seriously adverse effect on life or
37 on mental or physical health; or
38 (vi) he or she has been determined by a mental health clinician to
39 have otherwise substantially deteriorated mentally or emotionally while
40 confined in segregated confinement and is experiencing significant func-
41 tional impairment indicating a diagnosis of serious mental illness and
42 involving acts of self-harm or other behavior that have a serious
43 adverse effect on life or on mental or physical health.
44 (f) The superintendent shall make a full report to the commissioner at
45 least once a week concerning the condition of such [inmate] incarcerated
46 individual and shall forthwith report to the commissioner any recommen-
47 dation relative to health maintenance or health care delivery made by
48 the facility health services director and any recommendation relative to
49 mental health treatment or confinement of an [inmate] incarcerated indi-
50 vidual with a serious mental illness made by the mental health clinician
51 pursuant to paragraphs (d) and (e) of this subdivision that is not
52 endorsed or carried out, as the case may be, by the superintendent.
53 (g) Within twenty-four hours of disciplinary confinement, keeplock
54 pending a disciplinary hearing, placement in a segregated confinement
55 unit for administrative purposes, or placement in a residential mental
56 health treatment unit, and at weekly intervals thereafter for the dura-
S. 3332 94
1 tion of such confinement, an [inmate] incarcerated individual shall be
2 permitted to make at least one personal phone call, except when to do so
3 would create an unacceptable risk to the safety and security of
4 [inmates] incarcerated individuals or staff.
5 § 167. Section 138 of the correction law, as added by chapter 231 of
6 the laws of 1975, and subdivision 6 as amended by section 22 of subpart
7 A of part C of chapter 62 of the laws of 2011, is amended to read as
8 follows:
9 § 138. Institutional rules and regulations for [inmates] incarcerated
10 individuals at all correctional facilities. 1. All institutional rules
11 and regulations defining and prohibiting [inmates] incarcerated individ-
12 uals misconduct shall be published and posted in prominent locations
13 within the institution and set forth in both the English and Spanish
14 language.
15 2. All [inmates] incarcerated individuals shall be provided with writ-
16 ten copies of these rules and regulations upon admission to the institu-
17 tion and all [inmates] incarcerated individuals presently incarcerated
18 in a correctional facility shall be provided with written copies of
19 these rules and regulations.
20 3. Facility rules shall be specific and precise giving all [inmates]
21 incarcerated individuals actual notice of the conduct prohibited. Facil-
22 ity rules shall state the range of disciplinary sanctions which can be
23 imposed for violation of each rule.
24 4. [Inmates] Incarcerated individuals shall not be disciplined for
25 making written or oral statements, demands, or requests involving a
26 change of institutional conditions, policies, rules, regulations, or
27 laws affecting an institution.
28 5. No [inmate] incarcerated individual shall be disciplined except for
29 a violation of a published and posted written rule or regulation, a copy
30 of which has been provided the [inmate] incarcerated individual.
31 6. All rules and regulations pertaining to [inmates] incarcerated
32 individuals established by the department of corrections and community
33 supervision and all rules and regulations pertaining to [inmates] incar-
34 cerated individuals established by any institutional staff at any state
35 correctional facility shall be reviewed annually by the commissioner of
36 the department of corrections and community supervision.
37 § 168. Subdivisions 1 and 5 of section 139 of the correction law,
38 subdivision 1 as amended by chapter 867 of the laws of 1975 and subdivi-
39 sion 5 as added by chapter 373 of the laws of 1990, are amended to read
40 as follows:
41 1. The commissioner shall establish, in each correctional institution
42 under his or her jurisdiction, grievance resolution committees to
43 resolve grievances of persons within such correctional institution.
44 Such grievance resolution committees shall consist of five persons four
45 of whom shall be entitled to vote, two of whom shall be [inmates] incar-
46 cerated individuals of such correctional institution, and a non-voting
47 chairman.
48 5. The commissioner shall semi-annually report to the chairmen of the
49 senate codes and crime and corrections committees and the assembly codes
50 and correction committees on the nature and type of [inmate] incarcerat-
51 ed individual grievances and unusual incidents, by facility.
52 § 169. Subdivisions 1, 3 and 4 of section 140 of the correction law,
53 as added by chapter 516 of the laws of 1995, are amended to read as
54 follows:
55 1. Where an [inmate] incarcerated individual who is not yet eighteen
56 years of age has been committed or transferred to the custody of the
S. 3332 95
1 department and no medical consent has been obtained prior to commitment
2 or transfer, the commitment order shall be deemed to grant to the minor
3 the capacity to consent to routine medical, dental and mental health
4 services and treatment to such an individual.
5 3. (a) At any time prior to the date the [inmate] incarcerated indi-
6 vidual becomes eighteen years of age, the [inmate's] incarcerated indi-
7 vidual's parent or legal guardian may institute legal proceedings pursu-
8 ant to section 70.20 of the penal law objecting to the provision of
9 routine medical, dental or mental health services and treatment being
10 provided to the [inmate] incarcerated individual.
11 (b) Such notice of motion shall be served on the [inmate] incarcerated
12 individual, the facility and the department not less than seven days
13 prior to the return date of the motion. The persons on whom the notice
14 of motion is served shall answer the motion not less than two days
15 before the return date. On examining the motion and answer and, in its
16 discretion, after hearing argument, the court shall enter an order,
17 granting or denying the motion.
18 4. Nothing in this section shall preclude an [inmate] incarcerated
19 individual from consenting on his or her own behalf to any medical,
20 dental or mental health service and treatment where otherwise authorized
21 by law to do so.
22 § 170. Section 141 of the correction law, as amended by chapter 476 of
23 the laws of 1970, is amended to read as follows:
24 § 141. Contagious disease in facility. In case any pestilence or
25 contagious disease shall break out among the [inmates] incarcerated
26 individuals in any of the correctional facilities, or in the vicinity of
27 such facilities, the commissioner of correction may cause the [inmates]
28 incarcerated individuals confined in such facility, or any of them, to
29 be removed to some suitable place of security, where such of them as may
30 be sick shall receive all necessary care and medical assistance; such
31 [inmates] incarcerated individuals shall be returned as soon as may be
32 feasible to the facility from which they were taken, to be confined
33 therein according to their respective sentences.
34 § 171. Section 142 of the correction law, as amended by chapter 476 of
35 the laws of 1970, is amended to read as follows:
36 § 142. Fire in facility. Whenever by reason of any correctional
37 facility, or any building contiguous to such facility, being on fire,
38 there shall be reason to apprehend that the [inmates] incarcerated indi-
39 viduals may be injured or endangered by such fire, or may escape, it
40 shall be the duty of the superintendent of such facility to remove such
41 [inmates] incarcerated individuals to some safe and convenient place,
42 and there confine them until the necessity of such removal shall have
43 ceased.
44 § 172. Section 143 of the correction law, as added by chapter 476 of
45 the laws of 1970, is amended to read as follows:
46 § 143. Custody of persons convicted of crimes against the United
47 States. The commissioner is authorized to enter into agreements for the
48 care and custody of persons convicted and sentenced to imprisonment by
49 the United States courts in this state. Persons may be confined in
50 correctional facilities pursuant to any such agreement and all
51 provisions of law applicable to the care and custody of [inmates] incar-
52 cerated individuals sentenced by courts of this state, except provisions
53 governing the duration of sentence and other related incidents of the
54 sentence provided by federal law, shall apply to the care and custody of
55 such persons.
S. 3332 96
1 § 173. Subdivision 2 of section 146 of the correction law, as added by
2 section 3 of part E of chapter 56 of the laws of 2005, is amended to
3 read as follows:
4 2. Notwithstanding any other provision of law to the contrary, on each
5 September thirteenth anniversary date of the nineteen hundred seventy-
6 one retaking of Attica correctional facility, in the absence of an emer-
7 gency situation or other exigent circumstance, the commissioner shall
8 ensure that any surviving state employees who were held as hostages and
9 any immediate family members, as that term is defined in subdivision
10 four of section 120.40 of the penal law, of any of the state employees
11 who were held hostage for any period by rioting [inmates] incarcerated
12 individuals during the period from September ninth through September
13 thirteenth, nineteen hundred seventy-one, shall be afforded access to
14 the outside grounds of Attica correctional facility to conduct a private
15 commemorative ceremony in front of the Attica monument upon which are
16 inscribed the names of employees who died as a result of the uprising
17 and subsequent retaking.
18 § 174. Section 147 of the correction law, as amended by chapter 476 of
19 the laws of 1970, is amended to read as follows:
20 § 147. Alien [inmates] incarcerated individuals of correctional facil-
21 ities. The commissioner shall within three months after admission of an
22 alien [inmate] incarcerated individual to a correctional facility cause
23 an investigation to be made of the record and past history of such alien
24 and shall upon the termination of such investigation cause the record of
25 such alien, together with all facts disclosed by such investigation, and
26 his or her recommendations as to deportation, to be forwarded to the
27 United States immigration authorities having such matters in charge.
28 § 175. Section 148 of the correction law, as amended by section 17 of
29 subpart B of part C of chapter 62 of the laws of 2011, is amended to
30 read as follows:
31 § 148. Psychiatric and diagnostic clinics. The commissioner of
32 corrections and community supervision is hereby authorized and directed
33 to assist and cooperate with the commissioner of mental health in the
34 establishment and conduct of such psychiatric and diagnostic clinics in
35 the institutions and facilities under their jurisdiction as such commis-
36 sioners may deem necessary within the amount appropriated therefor. The
37 persons conducting the work of such clinics shall determine the physical
38 and mental condition of all [inmates] incarcerated individuals serving
39 an indeterminate term, having a minimum of one day and a maximum of
40 natural life, and of such other [inmates] incarcerated individuals whose
41 criminal record, behavior or other factors indicate to those in charge
42 of such clinics the need of study and treatment. The work of the clinics
43 shall include scientific study and psychiatric evaluation of each such
44 [inmate] incarcerated individual, including his or her career and life
45 history, investigation of the cause of the crime and recommendations for
46 the care, training and employment of such [inmates] incarcerated indi-
47 viduals with a view to their reformation and to the protection of socie-
48 ty. Each of the different phases of the work of the clinics shall be so
49 coordinated with all the other phases of clinic work as to be a part of
50 a unified and comprehensive scheme in the study and treatment of such
51 [inmates] incarcerated individuals. After classification in the clinics
52 the [inmate] incarcerated individual sentenced to state prison shall be
53 certified to the warden and recommendation made to the commissioner of
54 corrections and community supervision as to their disposition.
55 § 176. Section 149 of the correction law, as amended by chapter 302 of
56 the laws of 2008, is amended to read as follows:
S. 3332 97
1 § 149. Released [inmates] incarcerated individuals; notification to
2 sheriff, police, and district attorney. In the case of any [inmate]
3 incarcerated individual convicted of a felony, it shall be the duty of
4 the department at least forty-eight hours prior to the release of any
5 such [inmate] incarcerated individual from a correctional facility to
6 notify the chief of police both of the city, town or village in which
7 such [inmate] incarcerated individual proposes to reside and of the
8 city, town or village in which such [inmate] incarcerated individual
9 resided at the time of his or her conviction and the district attorney
10 of the county where the offense for which the [inmate] incarcerated
11 individual is incarcerated was prosecuted, of the contemplated release
12 of such [inmate] incarcerated individual, informing such chief of police
13 and the district attorney of the name and aliases of the [inmate] incar-
14 cerated individual, the address at which he or she proposes to reside,
15 the amount of time remaining to be served, if any, on the full term for
16 which he or she was sentenced, and the nature of the crime for which he
17 or she was sentenced, transmitting at the same time to the chief of
18 police a copy of such [inmate's] incarcerated individual's fingerprints
19 and photograph. Where such [inmate] incarcerated individual proposes to
20 reside outside of a city, such notification shall be sent to the sheriff
21 of the county in which such [inmate] incarcerated individual proposes to
22 reside. Such notification may be provided by electronic transmission to
23 those willing jurisdictions that have the capability of receiving elec-
24 tronic transmission notification. Any chief of police or sheriff who
25 receives notification of a released [inmate] incarcerated individual
26 pursuant to this section may request and receive from the division of
27 criminal justice services a report containing a summary of such
28 [inmate's] incarcerated individual's criminal record.
29 § 177. Section 170 of the correction law, as amended by chapter 166 of
30 the laws of 1991, subdivision 1 as amended by chapter 371 of the laws of
31 2012 and subdivision 3 as added by chapter 256 of the laws of 2010, is
32 amended to read as follows:
33 § 170. Contracts prohibited. 1. The commissioner shall not, nor shall
34 any other authority whatsoever, make any contract by which the labor or
35 time of any [inmate] incarcerated individual in any state or local
36 correctional facility in this state, or the product or profit of his or
37 her work, shall be contracted, let, farmed out, given or sold to any
38 person, firm, association or corporation; except that the [inmates]
39 incarcerated individuals in said correctional institutions may work for,
40 and the products of their labor may be disposed of to, the state or any
41 political subdivision thereof, any public institution owned or managed
42 and controlled by the state, or any political subdivision thereof,
43 provided that no [inmate] incarcerated individual shall be employed or
44 assigned to engage in any activity that involves obtaining access to,
45 collecting or processing social security account numbers of other indi-
46 viduals.
47 2. Notwithstanding any other provision of law, it shall be lawful for
48 an [inmate] incarcerated individual of the department to work in an
49 institution of the department in the manufacture and production of
50 goods, including but not limited to, license plates, identification
51 plates and insignia for vehicles, and for the department to sell or
52 otherwise dispose of for profit such goods to the government of the
53 United States or to any state of the United States, or political subdi-
54 vision thereof, or any public corporation or eleemosynary association or
55 corporation funded in whole or in part by any federal, state or local
56 funds.
S. 3332 98
1 3. Notwithstanding any other provision of law, an [inmate] incarcerat-
2 ed individual may be permitted to leave the institution under guard to
3 voluntarily perform work for a nonprofit organization. As used in this
4 section, the term "nonprofit organization" means an organization oper-
5 ated exclusively for religious, charitable, or educational purposes, no
6 part of the net earnings of which inures to the benefit of any private
7 shareholder or individual.
8 § 178. The section heading and subdivision 1 of section 171 of the
9 correction law, the section heading as amended by chapter 364 of the
10 laws of 1983 and subdivision 1 as amended by section 24 of subpart A of
11 part C of chapter 62 of the laws of 2011, are amended to read as
12 follows:
13 [Inmates] Incarcerated individuals to be employed; products of labor
14 of [inmates] incarcerated individuals. 1. The commissioner and the
15 superintendents and officials of all penitentiaries in the state may
16 cause [inmates] incarcerated individuals in the state correctional
17 facilities and such penitentiaries who are physically capable thereof to
18 be employed for not to exceed eight hours of each day other than Sundays
19 and public holidays. Notwithstanding any other provision of this
20 section, however, the commissioner and superintendents of state correc-
21 tional facilities may employ [inmates] incarcerated individuals on a
22 volunteer basis on Sundays and public holidays in specialized areas of
23 the facility, including kitchen areas, vehicular garages, rubbish pickup
24 and grounds maintenance, providing, however, that [inmates] incarcerated
25 individuals so employed shall be allowed an alternative free day within
26 the normal work week.
27 § 179. The section heading and subdivisions 1, 2, 3, 4 and 6 of
28 section 177 of the correction law, the section heading and subdivisions
29 1, 2 and 4 as amended by chapter 166 of the laws of 1991, subdivision 3
30 as amended by section 25 of subpart A of part C of chapter 62 of the
31 laws of 2011 and subdivision 6 as added by chapter 256 of the laws of
32 2010, are amended to read as follows:
33 Labor of [inmates] incarcerated individuals in state and local correc-
34 tional facilities. 1. The labor of [inmates] incarcerated individuals
35 in the state correctional facilities, after the necessary labor for and
36 manufacture of all needed supplies for said institutions, shall be
37 primarily devoted to the state, the public buildings and institutions
38 thereof, and the manufacture of supplies for the state, and public
39 institutions thereof, and secondly to the political subdivisions of the
40 state, and public institutions thereof;
41 2. The labor of [inmates] incarcerated individuals in local correc-
42 tional facilities after the necessary labor for and manufacture of all
43 needed supplies for the same, shall be primarily devoted to the coun-
44 ties, respectively, in which said local correctional facilities are
45 located, and the towns, cities and villages therein, and to the manufac-
46 ture of supplies for the public institutions of the counties, or the
47 political subdivisions thereof, and secondly to the state and the public
48 institutions thereof;
49 3. However, for the purpose of distributing, marketing or sale of the
50 whole or any part of the product of any correctional facility in the
51 state, other than by said state correctional facilities, to the state or
52 to any political subdivisions thereof or to any public institutions
53 owned or managed and controlled by the state, or by any political subdi-
54 visions thereof, or to any public corporation, authority, or eleemosy-
55 nary association funded in whole or in part by any federal, state or
56 local funds, the sheriff of any such local correctional facility and the
S. 3332 99
1 commissioner of corrections and community supervision may enter into a
2 contract or contracts which may determine the kinds and qualities of
3 articles to be produced by such institution and the method of distrib-
4 ution and sale thereof by the commissioner of corrections and community
5 supervision or under his or her direction, either in separate lots or in
6 combination with the products of other such institutions and with the
7 products produced by [inmates] incarcerated individuals in state correc-
8 tional facilities. Such contracts may fix and determine any and all
9 terms and conditions for the disposition of such products and the dispo-
10 sition of proceeds of sale thereof and any and all other terms and
11 conditions as may be agreed upon, not inconsistent with the constitu-
12 tion. However, no such contract shall be for a period of more than one
13 year and any prices fixed by such contract shall be the prices estab-
14 lished pursuant to section one hundred eighty-six of this article for
15 like articles or shall be approved by the department of corrections and
16 community supervision and the director of the budget on presentation to
17 them of a copy of such contract or proposed contract, and provided
18 further that any distribution or diversification of industries provided
19 for by such contract shall be in accordance with the rules and regu-
20 lations established by the department of corrections and community
21 supervision or shall be approved by such department on presentation to
22 it of a copy of such contract or proposed contract.
23 4. No product manufactured in whole or in part by [inmates] incarcer-
24 ated individuals in any correctional facility of the state or of a poli-
25 tical subdivision thereof, shall be sold, or otherwise disposed of for
26 profit, by any officer, or administrative body, of such institution, or
27 by any officer, or administrative body of the state, or of a political
28 subdivision thereof, except to the state itself or to a political subdi-
29 vision thereof, the government of the United States or to any state of
30 the United States, or to an officer or administrative body of the state,
31 or of a political subdivision thereof, or to or for a public institution
32 owned or managed and controlled by the state or by any political subdi-
33 vision thereof, or to a public corporation, authority, or eleemosynary
34 association funded in whole or in part by federal, state or local funds.
35 In no case shall said products be purchased for the purpose of resale or
36 for their disposition for profit in a manner not herein provided for in
37 the first instance.
38 6. Notwithstanding any other provision of law, an [inmate] incarcerat-
39 ed individual may be permitted to leave the institution under guard to
40 voluntarily perform work for a nonprofit organization. As used in this
41 section, the term "nonprofit organization" means an organization oper-
42 ated exclusively for religious, charitable, or educational purposes, no
43 part of the net earnings of which inures to the benefit of any private
44 shareholder or individual.
45 § 180. Section 178 of the correction law, as added by chapter 476 of
46 the laws of 1970, is amended to read as follows:
47 § 178. Participation in work release and other community activities.
48 Nothing contained in this article shall be construed or applied so as to
49 prohibit private employment of [inmates] incarcerated individuals in the
50 community under a work release program, or a residential treatment
51 facility program formulated pursuant to any provision of this chapter.
52 § 181. Section 184 of the correction law, as amended by chapter 166 of
53 the laws of 1991, subdivision 1 as amended by section 21 of subpart B of
54 part C of chapter 62 of the laws of 2011 and subdivision 2 as amended by
55 section 27 of subpart A of part C of chapter 62 of the laws of 2011, is
56 amended to read as follows:
S. 3332 100
1 § 184. Articles manufactured to be furnished to the state or subdivi-
2 sions thereof. 1. The commissioner is authorized and directed to cause
3 to be manufactured or prepared by the [inmates] incarcerated individuals
4 in the state correctional facilities, such articles as are needed and
5 used therein, and also, such articles as are required by the state or
6 political subdivisions thereof, and in the buildings, offices and public
7 institutions owned or managed and controlled by the state, including
8 articles and materials to be used in the erection of the buildings, and
9 including material for the construction, improvement or repair of high-
10 ways, streets and roads.
11 2. All such articles manufactured or prepared in the state correction-
12 al facilities, or by [inmates] incarcerated individuals, and not
13 required for use therein, shall be of the styles, patterns, designs and
14 qualities fixed by the department of corrections and community super-
15 vision, except where the same have been or may be fixed by the office of
16 general services in the executive department. Such articles may be
17 furnished to the state, or to any political subdivision thereof, or for
18 or to any public institution owned or managed and controlled by the
19 state, or any political subdivision thereof, government of the United
20 States or to any state of the United States or subdivision thereof or to
21 any public corporation, authority, or eleemosynary association funded in
22 whole or in part by any federal, state or local funds, at and for such
23 prices as shall be fixed and determined as hereinafter provided, upon
24 the requisitions of the proper officials thereof. No article so manufac-
25 tured or prepared shall be purchased from any other source, for the
26 state or public institutions of the state, or the political subdivisions
27 thereof, or public benefit corporations, authorities or commissions,
28 unless the commissioner of corrections and community supervision shall
29 certify that the same can not be furnished upon such requisition, and no
30 claim therefor shall be audited or paid without such certificate.
31 § 182. Section 187 of the correction law, as amended by section 30 of
32 subpart A of part C of chapter 62 of the laws of 2011, is amended to
33 read as follows:
34 § 187. Earnings of [inmates] incarcerated individuals. 1. Every
35 [inmate] incarcerated individual confined in a state correctional facil-
36 ity, subject to the rules and regulations of the department of
37 corrections and community supervision, and every [inmate] incarcerated
38 individual confined in a local correctional facility, in the discretion
39 of the sheriff thereof, may receive compensation for work performed
40 during his or her imprisonment. Such compensation shall be graded by the
41 department of corrections and community supervision with regard to
42 [inmates] incarcerated individuals employed in prison industries, based
43 upon the work performed by such prisoners for prisoners confined in
44 state correctional facilities, and by the sheriffs in all local correc-
45 tional facilities for [inmates] incarcerated individuals confined there-
46 in.
47 2. The department of corrections and community supervision shall adopt
48 rules, subject to the approval of the director of the budget, for estab-
49 lishing in all of the state correctional facilities a system of compen-
50 sation for the [inmates] incarcerated individuals confined therein. Such
51 rules shall provide for the payment of compensation to each [inmate]
52 incarcerated individual, who shall meet the requirements established by
53 the department of corrections and community supervision, based upon the
54 work performed by such [inmates] incarcerated individuals.
55 3. The department shall prepare graded wage schedules for [inmates]
56 incarcerated individuals, which schedules shall be based upon classi-
S. 3332 101
1 fications according to the value of work performed by each. Such sched-
2 ules need not be uniform in all institutions. The rules of the depart-
3 ment shall also provide for the establishment of a credit system for
4 each [inmate] incarcerated individual and the manner in which such earn-
5 ings shall be paid to the [inmate] incarcerated individual or his or her
6 dependents or held in trust for him or her until his or her release.
7 4. Any compensation paid to an [inmate] incarcerated individual under
8 this article shall be based on the work performed by such [inmate]
9 incarcerated individual. Compensation may be paid from moneys appropri-
10 ated to the department and available to facilities for nonpersonal
11 service.
12 § 183. Section 197 of the correction law, as added by chapter 831 of
13 the laws of 1959, is amended to read as follows:
14 § 197. Occupational therapy. Nothing in this article contained shall
15 be deemed to apply to occupational therapy in any penal or correctional
16 institution, or to prohibit the sale of the products resulting there-
17 from. Such sale and the disposition of the proceeds thereof shall be
18 governed by rules and regulations of the head of the department or other
19 like governmental authority having jurisdiction. For the purpose of this
20 section, occupational therapy is defined as any activity in the nature
21 of individual art or handicraft, prescribed, guided or supervised for
22 the purpose of contributing to the welfare or rehabilitation of any
23 [inmate] incarcerated individual or [inmates] incarcerated individuals
24 of such institutions.
25 § 184. Section 198 of the correction law, as amended by section 31 of
26 subpart A of part C of chapter 62 of the laws of 2011, is amended to
27 read as follows:
28 § 198. [Inmate] Incarcerated individual occupational therapy fund. 1.
29 The commissioner of corrections and community supervision may authorize
30 the superintendent or director of any correctional institution to estab-
31 lish an [inmate] incarcerated individual occupational therapy fund for
32 the receipt of proceeds from a product sold, as authorized by section
33 one hundred ninety-seven of this article, by one or more [inmates]
34 incarcerated individuals as incident to an avocational or vocational
35 project approved by the commissioner, including but not limited to, art,
36 music, drama, handicraft, or sports.
37 2. Pursuant to rules, regulations or directions of the commissioner,
38 moneys of the fund may: (a) be made available to the superintendent or
39 director to be used for the general benefit of the [inmates] incarcerat-
40 ed individuals of the correctional institution wherein the product was
41 produced, including but not limited to, furnishing materials and
42 supplies to an [inmate] incarcerated individual or [inmates] incarcerat-
43 ed individuals for an avocational or vocational project and the trans-
44 porting of a product thereof for sale, display or otherwise and for
45 recreational activities; or (b) be disbursed as follows: (i) an amount
46 equal to the proceeds from the sale of a product produced by one
47 [inmate] incarcerated individual may be deposited to the account of such
48 [inmate] incarcerated individual pursuant to section one hundred sixteen
49 of this chapter; or (ii) an amount equal to the proceeds from the sale
50 of a product produced by two or more [inmates] incarcerated individuals
51 may be divided equally among such [inmates] incarcerated individuals and
52 deposited to their respective accounts pursuant to section one hundred
53 sixteen of this chapter.
54 3. In determining the amount of the proceeds from a sale of a product
55 that may be deposited to the account of an [inmate] incarcerated indi-
56 vidual, the commissioner may provide for the deduction from the sum of
S. 3332 102
1 the proceeds the reasonable expenses of the department of corrections
2 and community supervision incident to the sale, including but not limit-
3 ed to, the value of materials and supplies for the production of the
4 product supplied without financial charge to the [inmate] incarcerated
5 individual and the expenses of transporting the product for sale or
6 display or otherwise.
7 § 185. Subdivisions 1, 2, 3 and 4 of section 200 of the correction
8 law, subdivisions 1 and 2 as amended by chapter 301 of the laws of 1996,
9 and subdivisions 3 and 4 as added by chapter 536 of the laws of 1974,
10 are amended to read as follows:
11 1. For the purpose of this section the term "incentive allowance"
12 means monies allowed an [inmate] incarcerated individual of a state
13 correctional institution for the efficient and willing performance of
14 duties assigned or progress and achievement in educational, career and
15 industrial training programs.
16 2. In lieu of the system of labor in correctional institutions estab-
17 lished by this article, the commissioner may, in order to facilitate an
18 [inmate's] incarcerated individual's eventual reintegration into socie-
19 ty, establish for the [inmates] incarcerated individuals in one or more
20 state correctional institutions a system of educational, career and
21 industrial training programs, and of incentive allowances for each such
22 program.
23 3. For each institution wherein such system is established the commis-
24 sioner shall prepare, and may at times revise, graded incentive allow-
25 ance schedules for the [inmates] incarcerated individuals within each
26 such program based upon the levels of performance and achievement by an
27 [inmate] incarcerated individual in a program to which he or she has
28 been assigned. Upon the approval of the director of the budget such
29 schedules or revisions thereof may be promulgated.
30 4. The commissioner shall also provide for the establishment of a
31 credit system for each [inmate] incarcerated individual and the manner
32 in which incentive allowances shall be paid to the [inmate] incarcerated
33 individual or his or her dependents or held in trust for him or her
34 until his or her release. The amount of incentive allowed to the credit
35 of any [inmate] incarcerated individual shall be disposed of as provided
36 by section one hundred eighty-nine of this article.
37 § 186. Subdivisions 2, 3, 5 and 6 of section 201 of the correction
38 law, as added by section 32 of subpart A of part C of chapter 62 of the
39 laws of 2011, are amended to read as follows:
40 2. In accordance with the provisions of this chapter, the department
41 shall supervise [inmates] incarcerated individuals released to community
42 supervision, except that the department may consent to the supervision
43 of a released [inmate] incarcerated individual by the United States
44 parole commission pursuant to the witness security act of nineteen
45 hundred eighty-four.
46 3. To facilitate the supervision of all [inmates] incarcerated indi-
47 viduals released to community supervision, the commissioner shall
48 consider the implementation of a program of graduated sanctions, includ-
49 ing but not limited to the utilization of a risk and needs assessment
50 instrument that would be administered to all [inmates] incarcerated
51 individuals eligible for community supervision. Such a program would
52 include various components including approaches that concentrate super-
53 vision on new releases, alternatives to incarceration for technical
54 parole violators and the use of enhanced technologies.
55 5. The department shall assist [inmates] incarcerated individuals
56 eligible for community supervision and [inmates] incarcerated individ-
S. 3332 103
1 uals who are on community supervision to secure employment, educational
2 or vocational training, and housing.
3 6. The department shall have the duty to provide written notice to
4 [inmates] incarcerated individuals prior to release to community super-
5 vision or pursuant to subdivision six of section 410.91 of the criminal
6 procedure law of any requirement to report to the office of victim
7 services any funds of a convicted person as defined in section six
8 hundred thirty-two-a of the executive law, the procedure for such
9 reporting and any potential penalty for a failure to comply.
10 § 187. Subdivision 2 of section 203 of the correction law, as added by
11 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is
12 amended to read as follows:
13 2. The department shall have the duty, prior to the release to commu-
14 nity supervision of an [inmate] incarcerated individual designated a
15 level two or three sex offender pursuant to the sex offender registra-
16 tion act, to provide notification to the local social services district
17 in the county in which the [inmate] incarcerated individual expects to
18 reside, when information available or any other pre-release procedures
19 indicates that such [inmate] incarcerated individual is likely to seek
20 to access local social services for homeless persons. The department
21 shall provide such notice, when practicable, thirty days or more before
22 such [inmate's] incarcerated individual's release, but in any event, in
23 advance of such [inmate's] incarcerated individual's arrival in the
24 jurisdiction of such local social services district.
25 § 188. Section 207 of the correction law, as added by section 32 of
26 subpart A of part C of chapter 62 of the laws of 2011, is amended to
27 read as follows:
28 § 207. Cooperation. It shall be the duty of the commissioner of
29 corrections and community supervision to insure that all officers and
30 employees of the department shall at all times cooperate with the board
31 of parole and shall furnish to such members and employees of the board
32 of parole such information as may be appropriate to enable them to
33 perform their independent decision making functions. It is also his or
34 her duty to ensure that the functions of the board of parole are not
35 hampered in any way, including but not limited to: a restriction of
36 resources including staff assistance; limited access to vital informa-
37 tion; and presentation of [inmate] incarcerated individual information
38 in a manner that may inappropriately influence the board in its decision
39 making.
40 § 189. Subdivision 2 of section 272 of the correction law, as added by
41 section 1 of part SS of chapter 56 of the laws of 2009, is amended to
42 read as follows:
43 2. have the power to determine, as each [inmate] incarcerated individ-
44 ual applies for conditional release, the need for supplemental investi-
45 gation of the background of such [inmate] incarcerated individual and
46 cause such investigation as may be necessary to be made as soon as prac-
47 ticable. The commission may require that the probation department
48 located in the jurisdiction of the commission conduct such supplemental
49 investigation. The results of such investigation together with all other
50 information compiled by the local correctional facility and the complete
51 criminal record and family court record of such [inmate] incarcerated
52 individual shall be readily available when the conditional release of
53 such [inmate] incarcerated individual is being considered. Such informa-
54 tion shall include a complete statement of the crime for which the
55 [inmate] incarcerated individual has been sentenced, the circumstances
56 of such crime, all presentence memoranda, the nature of the sentence,
S. 3332 104
1 the court in which such [inmate] incarcerated individual was sentenced,
2 the name of the judge and district attorney and copies of such probation
3 reports as may have been made as well as reports as to the [inmate's]
4 incarcerated individual's social, physical, mental and psychiatric
5 condition and history;
6 § 190. The opening paragraph and paragraph (a) of subdivision 1 and
7 subdivisions 2 and 6 of section 273 of the correction law, as added by
8 section 1 of part SS of chapter 56 of the laws of 2009, are amended to
9 read as follows:
10 Any [inmate] incarcerated individual who is eligible for conditional
11 release by a commission pursuant to subdivision two of section 70.40 of
12 the penal law and who has served a minimum period of sixty days in a
13 local correctional facility may apply for conditional release. Eligibil-
14 ity criteria shall be limited to [inmates] incarcerated individuals:
15 (a) who have not been previously convicted and who do not stand
16 convicted of any crime which would make such [inmate] incarcerated indi-
17 vidual ineligible for the receipt of merit time pursuant to section
18 eight hundred three of this chapter, any crime pursuant to article two
19 hundred thirty-five of the penal law when the victim of such offense was
20 under the age of eighteen at the time of the offense, or any crime which
21 the commission determines constituted a crime of domestic violence;
22 2. The commission shall review and make a determination on each appli-
23 cation within thirty days of receipt of such application. No determi-
24 nation granting or denying such application shall be valid unless made
25 by a majority vote of at least three commission members present. No
26 release shall be granted unless there is a reasonable probability that,
27 if such [inmate] incarcerated individual is released, he or she shall
28 live and remain at liberty without violating the law, and that his or
29 her release is not incompatible with the welfare of society and shall
30 not so deprecate the seriousness of his or her crime as to undermine
31 respect for law.
32 6. If conditional release is not granted, the commission shall inform
33 the person in writing of the factors and reasons for such denial of
34 conditional release within fifteen days of the decision. Such reasons
35 shall be given in detail and not in conclusory terms. [Inmates] Incar-
36 cerated individuals denied conditional release are eligible to reapply
37 sixty days after the date of the denial.
38 § 191. The article heading of article 16 of the correction law, as
39 added by chapter 766 of the laws of 1976, is amended to read as follows:
40 PROVISIONS RELATING TO MENTALLY ILL [INMATES] INCARCERATED
41 INDIVIDUALS
42 § 192. Subdivisions 1, 2, 3 and 5 of section 400 of the correction
43 law, subdivisions 1, 2 and 3 as added by chapter 766 of the laws of 1976
44 and subdivision 5 as amended by section 35 of subpart A of part C of
45 chapter 62 of the laws of 2011, are amended to read as follows:
46 (1) "Examining physician" means a physician licensed to practice medi-
47 cine in the state of New York, but who is not on the staff of the facil-
48 ity where the [inmate] incarcerated individual is confined.
49 (2) "Hospital" means a hospital in the department of mental hygiene
50 which is designated as such by the commissioner of mental hygiene for
51 the care and treatment of mentally ill [inmates] incarcerated individ-
52 uals.
53 (3) "In immediate need of care and treatment" means that the [inmate]
54 incarcerated individual is apparently mentally ill and is not able to be
55 properly cared for at the place where he or she is confined and is in
56 need of immediate care and treatment in a hospital.
S. 3332 105
1 (5) "[Inmate] Incarcerated individual" means a person committed to the
2 custody of the department of corrections and community supervision, or a
3 person convicted of a crime and committed to the custody of the sheriff,
4 the county jail, or a local department of correction.
5 § 193. Section 401 of the correction law, as amended by chapter 1 of
6 the laws of 2008, subdivision 6 as amended by chapter 20 of the laws of
7 2016, is amended to read as follows:
8 § 401. Establishment of programs inside correctional facilities. 1.
9 The commissioner, in cooperation with the commissioner of mental health,
10 shall establish programs, including but not limited to residential
11 mental health treatment units, in such correctional facilities as he or
12 she may deem appropriate for the treatment of mentally ill [inmates]
13 incarcerated individuals confined in state correctional facilities who
14 are in need of psychiatric services but who do not require hospitaliza-
15 tion for the treatment of mental illness. [Inmates] Incarcerated indi-
16 viduals with serious mental illness shall receive therapy and program-
17 ming in settings that are appropriate to their clinical needs while
18 maintaining the safety and security of the facility. The administration
19 and operation of programs established pursuant to this section shall be
20 the joint responsibility of the commissioner of mental health and the
21 commissioner. The professional mental health care personnel, and their
22 administrative and support staff, for such programs shall be employees
23 of the office of mental health. All other personnel shall be employees
24 of the department.
25 2. (a) (i) In exceptional circumstances, a mental health clinician, or
26 the highest ranking facility security supervisor in consultation with a
27 mental health clinician who has interviewed the [inmate] incarcerated
28 individual, may determine that an [inmate's] incarcerated individual's
29 access to out-of-cell therapeutic programming and/or mental health
30 treatment in a residential mental health treatment unit presents an
31 unacceptable risk to the safety of [inmates] incarcerated individuals or
32 staff. Such determination shall be documented in writing and alternative
33 mental health treatment and/or other therapeutic programming, as deter-
34 mined by a mental health clinician, shall be provided.
35 (ii) Any determination to restrict out-of-cell therapeutic programming
36 and/or mental health treatment shall be reviewed at least every fourteen
37 days by the joint case management committee or, if no such committee is
38 available, by the treatment team assigned to the [inmate's] incarcerated
39 individual's residential mental health treatment unit.
40 (iii) The determination whether to restrict out-of-cell therapeutic
41 programming and/or mental health treatment shall take into account the
42 [inmate's] incarcerated individual's mental condition and any safety and
43 security concerns that would be posed by the [inmate's] incarcerated
44 individual's access to such out-of-cell therapeutic programming. The
45 joint case management committee or treatment team shall recommend that
46 the [inmate] incarcerated individual shall have access to out-of-cell
47 therapeutic programming and/or mental health treatment unless in excep-
48 tional circumstances such access would pose an unacceptable risk to the
49 safety of the [inmate] incarcerated individual or other persons. Such
50 recommendation shall be reviewed by the facility superintendent, and if
51 the superintendent makes a determination not to accept such recommenda-
52 tion, the matter shall be referred to the joint central office review
53 committee for resolution. Such resolution shall be made no later than
54 twenty-one days after the imposition of the restriction.
55 (b) [Inmates] Incarcerated individuals in a residential mental health
56 treatment unit shall receive property, services and privileges similar
S. 3332 106
1 to [inmates] incarcerated individuals confined in the general prison
2 population, provided however, the department may impose general limita-
3 tions on the quantity and type of property all [inmates] incarcerated
4 individuals on the unit are permitted to have in their cells and
5 [inmate] incarcerated individual access to programs that are more
6 restrictive than for general population [inmates] incarcerated individ-
7 uals in order to maintain security and order on the unit. Further, in
8 consultation with a mental health clinician, the department may make an
9 individual determination to impose restrictions on property, services or
10 privileges for an [inmate] incarcerated individual on the unit for ther-
11 apeutic and/or security reasons which are not inconsistent with the
12 [inmate's]incarcerated individual's mental health needs. If any such
13 restrictions on property, services or privileges are imposed on a
14 particular [inmate] incarcerated individual, they shall be documented in
15 writing and shall be reviewed by the joint case management committee not
16 less than every thirty days. A disciplinary sanction of restricted diet
17 shall not be imposed on any [inmate] incarcerated individual who is
18 housed in a residential mental health treatment unit.
19 3. Misbehavior reports will not be issued to [inmates] incarcerated
20 individuals with serious mental illness for refusing treatment or medi-
21 cation, however, an [inmate] incarcerated individual may be subject to
22 the disciplinary process for refusing to go to the location where treat-
23 ment is provided or medication is dispensed. In addition, there will be
24 a presumption against imposition and pursuit of disciplinary charges for
25 self-harming behavior and threats of self-harming behavior, including
26 related charges for the same behaviors, such as destruction of state
27 property, except in exceptional circumstances.
28 4. A disciplinary sanction imposed on an [inmate] incarcerated indi-
29 vidual requiring confinement to a cell or room shall continue to run
30 while the [inmate] incarcerated individual is placed in residential
31 mental health treatment in a residential mental health unit model or a
32 behavioral health unit model. Such disciplinary sanction shall be
33 reviewed by the joint case management committee or, if no such committee
34 is available, by the treatment team assigned to the [inmate's] incarcer-
35 ated individual's residential mental health treatment unit at least once
36 every three months to determine whether based upon the [inmate's] incar-
37 cerated individual's mental health status and safety and security
38 concerns, the [inmate's] incarcerated individual's disciplinary sanction
39 should be reduced and/or the [inmate] incarcerated individual should be
40 transferred to a less restrictive setting. Nothing in this subdivision
41 shall be deemed to preclude the department from granting reductions of
42 disciplinary sanctions to [inmates] incarcerated individuals in other
43 residential mental health treatment unit models.
44 5. (a) An [inmate] incarcerated individual in a residential mental
45 health treatment unit shall not be sanctioned with segregated confine-
46 ment for misconduct on the unit, or removed from the unit and placed in
47 segregated confinement, except in exceptional circumstances where such
48 [inmate's] incarcerated individual's conduct poses a significant and
49 unreasonable risk to the safety of [inmates] incarcerated individuals or
50 staff, or to the security of the facility. Further, in the event that
51 such a sanction is imposed, an [inmate] incarcerated individual shall
52 not be required to begin serving such sanction until the reviews
53 required by paragraph (b) of this subdivision have been completed;
54 provided, however that in extraordinary circumstances where an
55 [inmate's] incarcerated individual's conduct poses an immediate unac-
56 ceptable threat to the safety of [inmates] incarcerated individuals or
S. 3332 107
1 staff, or to the security of the facility an [inmate] incarcerated indi-
2 vidual may be immediately moved to segregated confinement. The determi-
3 nation that an immediate transfer to segregated confinement is necessary
4 shall be made by the highest ranking facility security supervisor in
5 consultation with a mental health clinician.
6 (b) The joint case management committee shall review any disciplinary
7 disposition imposing a sanction of segregated confinement at its next
8 scheduled meeting. Such review shall take into account the [inmate's]
9 incarcerated individual's mental condition and safety and security
10 concerns. The joint case management committee may only thereafter recom-
11 mend the removal of the [inmate] incarcerated individual in exceptional
12 circumstances where the [inmate] incarcerated individual poses a signif-
13 icant and unreasonable risk to the safety of [inmates] incarcerated
14 individuals or staff or to the security of the facility. In the event
15 that the [inmate] incarcerated individual was immediately moved to
16 segregated confinement, the joint case management committee may recom-
17 mend that the [inmate] incarcerated individual continue to serve such
18 sanction only in exceptional circumstances where the [inmate] incarcer-
19 ated individual poses a significant and unreasonable risk to the safety
20 of [inmates] incarcerated individuals or staff or to the security of the
21 facility. If a determination is made that the [inmate] incarcerated
22 individual shall not be required to serve all or any part of the segre-
23 gated confinement sanction, the joint case management committee may
24 instead recommend that a less restrictive sanction should be imposed.
25 The recommendations made by the joint case management committee under
26 this paragraph shall be documented in writing and referred to the super-
27 intendent for review and if the superintendent disagrees, the matter
28 shall be referred to the joint central office review committee for a
29 final determination. The administrative process described in this para-
30 graph shall be completed within fourteen days. If the result of such
31 process is that an [inmate] incarcerated individual who was immediately
32 transferred to segregated confinement should be removed from segregated
33 confinement, such removal shall occur as soon as practicable, and in no
34 event longer than seventy-two hours from the completion of the adminis-
35 trative process.
36 6. The department shall ensure that the curriculum for new correction
37 officers, and other new department staff who will regularly work in
38 programs providing mental health treatment for [inmates] incarcerated
39 individuals, shall include at least eight hours of training about the
40 types and symptoms of mental illnesses, the goals of mental health
41 treatment, the prevention of suicide and training in how to effectively
42 and safely manage [inmates] incarcerated individuals with mental
43 illness. Such training may be provided by the office of mental health or
44 the justice center for the protection of people with special needs. All
45 department staff who are transferring into a residential mental health
46 treatment unit shall receive a minimum of eight additional hours of such
47 training, and eight hours of annual training as long as they work in
48 such a unit. All security, program services, mental health and medical
49 staff with direct [inmate] incarcerated individual contact shall receive
50 training each year regarding identification of, and care for, [inmates]
51 incarcerated individuals with mental illnesses. The department shall
52 provide additional training on these topics on an ongoing basis as it
53 deems appropriate.
54 § 194. Section 401-a of the correction law, as amended by section 6 of
55 part A of chapter 501 of the laws of 2012 and subdivision 1 as amended
56 by chapter 126 of the laws of 2014, is amended to read as follows:
S. 3332 108
1 § 401-a. Oversight responsibilities of the justice center for the
2 protection of people with special needs. 1. The justice center for the
3 protection of people with special needs shall be responsible for moni-
4 toring the quality of mental health care provided to [inmates] incarcer-
5 ated individuals pursuant to article twenty of the executive law. The
6 justice center shall have direct and immediate access to all areas where
7 state prisoners are housed, and to clinical and department records
8 relating to [inmates'] incarcerated individuals' clinical conditions.
9 The justice center shall maintain the confidentiality of all patient-
10 specific information.
11 2. The justice center shall monitor the quality of care in residential
12 mental health treatment programs and shall ensure compliance with para-
13 graphs (d) and (e) of subdivision six of section one hundred thirty-sev-
14 en of this chapter and section four hundred one of this article. The
15 justice center may recommend to the department and the office of mental
16 health that [inmates] incarcerated individuals in segregated confinement
17 pursuant to subdivision six of section one hundred thirty-seven of this
18 chapter be evaluated for placement in a residential mental health treat-
19 ment unit. It may also recommend ways to further the goal of diverting
20 and removing [inmates] incarcerated individuals with serious mental
21 illness from segregated confinement to residential mental health treat-
22 ment units. The justice center shall include in its annual report to the
23 governor and the legislature pursuant to section five hundred sixty of
24 the executive law, a description of the state's progress in complying
25 with this article, which shall be publicly available.
26 3. The justice center shall appoint an advisory committee on psychiat-
27 ric correctional care ("committee"), which shall be composed of inde-
28 pendent mental health experts and mental health advocates, and may
29 include family members of former [inmates] incarcerated individuals with
30 serious mental illness. Such committee shall advise the justice center
31 on its oversight responsibilities pursuant to this section. The commit-
32 tee may also make recommendations to the justice center regarding
33 improvements to prison-based mental health care. Nothing in this subdi-
34 vision shall be deemed to authorize members of the committee to have
35 access to a correctional or mental hygiene facility or any part of such
36 a facility. Provided, however, newly appointed members of the advisory
37 committee shall be provided with a tour of a segregated confinement unit
38 and a residential mental health treatment unit, as selected by the
39 commissioner. Any such tour shall be arranged on a date and at a time
40 selected by the commissioner and upon such terms and conditions as are
41 within the sole discretion of the commissioner.
42 § 195. The section heading and subdivisions 1, 2, 3, 9 and 13 of
43 section 402 of the correction law, the section heading and subdivisions
44 1 and 2 as added by chapter 766 of the laws of 1976, subdivision 3 as
45 amended by chapter 789 of the laws of 1985, subdivision 9 as amended by
46 chapter 164 of the laws of 1986, and subdivision 13 as added by chapter
47 7 of the laws of 2007, are amended to read as follows:
48 Commitment of Mentally ill [inmates] incarcerated individuals. 1.
49 Whenever the physician of any correctional facility, any county peniten-
50 tiary, county jail or workhouse, any reformatory for women, or of any
51 other correctional institution, shall report in writing to the super-
52 intendent that any person undergoing a sentence of imprisonment or adju-
53 dicated to be a youthful offender or juvenile delinquent confined there-
54 in is, in his or her opinion, mentally ill, such superintendent shall
55 apply to a judge of the county court or justice of the supreme court in
56 the county to cause an examination to be made of such person by two
S. 3332 109
1 examining physicians. Such physicians shall be designated by the judge
2 to whom the application is made. Each such physician, if satisfied,
3 after a personal examination, that such [inmate] incarcerated individual
4 is mentally ill and in need of care and treatment, shall make a certif-
5 icate to such effect. Before making such certificate, however, he or she
6 shall consider alternative forms of care and treatment available during
7 confinement in such correctional facility, penitentiary, jail, reforma-
8 tory or correctional institution that might be adequate to provide for
9 such [inmate's] incarcerated individual's needs without requiring hospi-
10 talization. If the examining physician knows that the person he or she
11 is examining has been under prior treatment, he or she shall, insofar as
12 possible, consult with the physician or psychologist furnishing such
13 prior treatment prior to making his or her certificate.
14 2. In the city of New York, if the physician of a workhouse, city
15 prison, jail, penitentiary or reformatory reports in writing to the
16 superintendent of such institution that a prisoner confined therein,
17 serving a sentence of imprisonment, is in his or her opinion mentally
18 ill, the superintendent of said institution shall either transfer said
19 prisoner to Bellevue or Kings county hospital for observation as to his
20 or her mental condition by two examining physicians or shall secure two
21 examining physicians to make such examination in his institution. Each
22 such physician, if satisfied after a personal examination and observa-
23 tion that the prisoner is mentally ill and in need of care and treat-
24 ment, shall make a certificate to such effect. Before making such
25 certificate, however, he or she shall consider alternative forms of care
26 and treatment available during confinement in such correctional facili-
27 ty, penitentiary, jail, reformatory or correctional institution that
28 might be adequate to provide for such [inmate's] incarcerated individ-
29 ual's needs without requiring hospitalization. If the examining physi-
30 cian knows that the person he or she is examining has been under prior
31 treatment, he or she shall, insofar as possible, consult with the physi-
32 cian or psychologist furnishing such prior treatment prior to making his
33 or her certificate.
34 3. Upon such certificates of the examining physicians being so made,
35 it shall be delivered to the superintendent who shall thereupon apply by
36 petition forthwith to a judge of the county court or justice of the
37 supreme court in the county, annexing such certificate to his or her
38 petition, for an order committing such [inmate] incarcerated individual
39 to a hospital for the mentally ill. Upon every such application for
40 such an order of commitment, notice thereof in writing, of at least five
41 days, together with a copy of the petition, shall be served personally
42 upon the alleged mentally ill person, and in addition thereto such
43 notice and a copy of the petition shall be served upon either the wife,
44 the husband, the father or mother or other nearest relative of such
45 alleged mentally ill person, if there be any such known relative within
46 the state; and if not, such notice shall be served upon any known friend
47 of such alleged mentally ill person within the state. If there be no
48 such known relative or friend within the state, the giving of such
49 notice shall be dispensed with, but in such case the petition for the
50 commitment shall recite the reasons why service of such notice on a
51 relative or friend of the alleged mentally ill person was dispensed with
52 and, in such case, the order for commitment shall recite why service of
53 such a notice on a relative or friend of the alleged mentally ill person
54 was dispensed with. Copies of the notice, the petition and the certif-
55 icates of the examining physicians shall also be given the mental
56 hygiene legal service. The mental hygiene legal service shall inform the
S. 3332 110
1 [inmate] incarcerated individual and, in proper cases, others interested
2 in the [inmate's] incarcerated individual's welfare, of the procedures
3 for placement in a hospital and of the [inmate's] incarcerated individ-
4 ual's right to have a hearing, to have judicial review with a right to a
5 jury trial, to be represented by counsel and to seek an independent
6 medical opinion. The mental hygiene legal service shall have personal
7 access to such [inmate] incarcerated individual for such purposes.
8 9. Except as provided in subdivision two of this section pertaining to
9 prisoners confined in the city of New York, an [inmate] incarcerated
10 individual of a correctional facility or a county jail may be admitted
11 on an emergency basis to the Central New York Psychiatric Center upon
12 the certification by two examining physicians, including physicians
13 employed by the office of mental health and associated with the correc-
14 tional facility in which such [inmate] incarcerated individual is
15 confined, that the [inmate] incarcerated individual suffers from a
16 mental illness which is likely to result in serious harm to himself,
17 herself or others as defined in subdivision (a) of section 9.39 of the
18 mental hygiene law. Any person so committed shall be delivered by the
19 superintendent within a twenty-four hour period, to the director of the
20 appropriate hospital as designated in the rules and regulations of the
21 office of mental health. Upon delivery of such person to a hospital
22 operated by the office of mental health, a proceeding under this section
23 shall immediately be commenced.
24 13. Notwithstanding any provision of law to the contrary, when an
25 [inmate] incarcerated individual is being examined in anticipation of
26 his or her conditional release, release to parole supervision, or when
27 his or her sentence to a term of imprisonment expires, the provisions of
28 subdivision one of section four hundred four of this article shall be
29 applicable and such commitment shall be effectuated in accordance with
30 the provisions of article nine or ten of the mental hygiene law, as
31 appropriate.
32 § 196. Section 403 of the correction law, as added by chapter 766 of
33 the laws of 1976, is amended to read as follows:
34 § 403. Department or superintendent to provide certain records. The
35 department or superintendent shall furnish to the department of mental
36 hygiene a copy of the health and psychiatric records and a sentence
37 calculation for each [inmate] incarcerated individual placed in a hospi-
38 tal. The sentence calculation shall include the maximum expiration date
39 and tentative conditional release date and the parole eligibility or
40 release consideration hearing date. Such records shall be furnished to
41 the director of the hospital upon delivery of the [inmate] incarcerated
42 individual.
43 § 197. Section 404 of the correction law, as added by chapter 766 of
44 the laws of 1976, subdivision 1 as amended by chapter 7 of the laws of
45 2007, subdivision 3 as added by chapter 1 of the laws of 2013, and
46 subdivision 4 as added by chapter 548 of the laws of 2014, is amended to
47 read as follows:
48 § 404. Disposition of mentally ill [inmates] incarcerated individuals
49 upon release to parole, conditional release, or expiration of sentence.
50 1. Whenever an [inmate] incarcerated individual committed to a hospital
51 in the department of mental hygiene or whenever an [inmate] incarcerated
52 individual is examined in anticipation of his or her conditional
53 release, release to parole supervision, or when his or her sentence to a
54 term of imprisonment expires and such [inmate] incarcerated individual
55 shall continue to be mentally ill and in need of care and treatment at
56 the time of his or her conditional release, release to parole super-
S. 3332 111
1 vision, or when his or her sentence to a term of imprisonment expires,
2 the director of the hospital or the superintendent of a correctional
3 facility may apply for the person's admission to a hospital for the care
4 and treatment of the mentally ill in the department of mental hygiene
5 pursuant to article nine of the mental hygiene law, or alternatively,
6 the commissioner may apply for the person's admission to a secure treat-
7 ment facility pursuant to article ten of the mental hygiene law.
8 2. The director may discharge any [inmate] incarcerated individual at
9 the expiration of the term for which he or she was sentenced who is
10 still mentally ill, but who, in the opinion of the director, is reason-
11 ably safe to be at large. Such discharged [inmate] incarcerated individ-
12 ual shall be entitled to suitable clothing adapted to the season in
13 which he or she is discharged, and if it cannot be otherwise obtained,
14 the business officer, or other officer having like duties shall, upon
15 the order of the director, or of the commissioner of mental hygiene, as
16 the case may be, furnish the same, and money in an amount to be fixed by
17 such commissioner with the approval of the director of the budget, to
18 defray his or her expenses until he or she can reach his or her rela-
19 tives or friends, or find employment to earn a subsistence.
20 3. Within a reasonable period prior to discharge of an [inmate] incar-
21 cerated individual committed from a state correctional facility from a
22 hospital in the department of mental hygiene to the community, the
23 director shall ensure that a clinical assessment has been completed to
24 determine whether the [inmate] incarcerated individual meets the crite-
25 ria for assisted outpatient treatment pursuant to subdivision (c) of
26 section 9.60 of the mental hygiene law. If, as a result of such assess-
27 ment, the director determines that the [inmate] incarcerated individual
28 meets such criteria, prior to discharge the director of the hospital
29 shall either petition for a court order pursuant to section 9.60 of the
30 mental hygiene law, or report in writing to the director of community
31 services of the local governmental unit in which the [inmate] incarcer-
32 ated individual is expected to reside so that an investigation may be
33 conducted pursuant to section 9.47 of the mental hygiene law.
34 4. Every [inmate] incarcerated individual who has received mental
35 health treatment pursuant to this article within three years of his or
36 her anticipated release date from a state correctional facility shall be
37 provided with mental health discharge planning and, when necessary, an
38 appointment with a mental health professional in the community who can
39 prescribe medications following discharge and sufficient mental health
40 medications and prescriptions to bridge the period between discharge and
41 such time as such mental health professional may assume care of the
42 patient. [Inmates] Incarcerated individuals who have refused mental
43 health treatment may also be provided mental health discharge planning
44 and any necessary appointment with a mental health professional.
45 § 198. The opening paragraph of paragraph (a), subparagraphs 4 and 8
46 of paragraph (b) and subparagraph 2 of paragraph (c) of subdivision 7,
47 the opening paragraph of paragraph (c) and the closing paragraph of
48 subdivision 8, the opening paragraph of subdivision 9 and subdivision 13
49 of section 500-b of the correction law, subparagraphs 4 and 8 of para-
50 graph (b) of subdivision 7 and the opening paragraph of paragraph (c) of
51 subdivision 8 as added by chapter 907 of the laws of 1984, the opening
52 paragraph of paragraph (a) and subparagraph 2 of paragraph (c) of subdi-
53 vision 7, the closing paragraph of subdivision 8 and the opening para-
54 graph of subdivision 9 as amended by chapter 574 of the laws of 1985,
55 and subdivision 13 as amended by section 3 of part M of chapter 55 of
56 the laws of 2014, are amended to read as follows:
S. 3332 112
1 Consistent with the commission's rules and regulations regarding the
2 assignment of [inmates] incarcerated individuals to housing units, the
3 chief administrative officer shall exercise good judgment and discretion
4 and shall take all reasonable steps to ensure that the assignment of
5 persons to facility housing units:
6 (4) prior history of a hostile relationship with another [inmate]
7 incarcerated individual;
8 (8) any other information concerning the safety or welfare of the
9 [inmate] incarcerated individual.
10 (2) determinations made upon an interview with an [inmate] incarcerat-
11 ed individual at the time of classification;
12 where it is determined that the county does not have an approved
13 service plan in effect pursuant to article thirteen-A of the executive
14 law or is found to be in non-compliance therewith, as provided in
15 section two hundred sixty-three of such law, it shall prohibit the
16 commingling of any of the following categories of [inmates] incarcerated
17 individuals:
18 Notwithstanding the provisions of this subdivision to the contrary,
19 classification as authorized pursuant to this section may occur without
20 compliance with paragraphs (b) and (c) of this subdivision for a period
21 not to exceed six months immediately following the submission of a plan
22 to the division pursuant to section two hundred sixty-two of the execu-
23 tive law. During such six month period the commission shall undertake to
24 review, observe and assess the classification of [inmates] incarcerated
25 individuals in local correctional facilities as authorized under this
26 section to thereby ascertain safeguards which should be incorporated in
27 its rules and regulations. Further, during such six month period in
28 which such classification shall be permitted pursuant to this subdivi-
29 sion, the commission shall evaluate whether a local correctional facili-
30 ty is in substantial noncompliance with rules and regulations regarding
31 the requirements specified in paragraphs (a), (b) and (c) of this subdi-
32 vision and shall determine at the end of such six month period whether
33 substantial noncompliance exists. At the expiration of the six month
34 period if the commission finds a local facility in substantial noncom-
35 pliance, the commission shall order that the prohibition set forth in
36 this subdivision immediately take effect. The commissioner shall advise
37 the chief administrative officer of such facility of the specific nature
38 of the noncompliance and the specific measures which should be undertak-
39 en to remedy the noncompliance. When such measures have been imple-
40 mented, the chief administrative officer shall certify same to the
41 commissioner and upon the verification thereof by the commissioner,
42 shall permit the chief administrative officer to classify [inmates]
43 incarcerated individuals as provided under this section. In the event
44 substantial noncompliance is not found at the expiration of the six
45 month period, then the local correctional facility may continue to clas-
46 sify [inmates] incarcerated individuals as authorized in this section.
47 The chief administrative officer shall forward to the commission a
48 quarterly report relative to the housing of [inmates] incarcerated indi-
49 viduals. The report shall include, but not be limited to:
50 13. Where in the opinion of the chief administrative officer an emer-
51 gency overcrowding condition exists in a local correctional facility
52 caused in part by the prohibition against the commingling of persons
53 under eighteen years of age with persons eighteen years of age or older
54 or the commingling of persons eighteen years of age or older with
55 persons under eighteen years of age, the chief administrative officer
56 may apply to the commission for permission to commingle the aforemen-
S. 3332 113
1 tioned categories of [inmates] incarcerated individuals for a period not
2 to exceed thirty days as provided herein. The commission shall acknowl-
3 edge to the chief administrative officer the receipt of such application
4 upon its receipt. The chief administrative officer shall be permitted to
5 commingle such [inmates] incarcerated individuals upon acknowledgment of
6 receipt of the application by the commission. The commission shall
7 assess the application within seven days of receipt. The commission
8 shall deny any such application and shall prohibit the continued commin-
9 gling of such [inmates] incarcerated individuals where it has found that
10 the local correctional facility does not meet the criteria set forth in
11 this subdivision and further is in substantial noncompliance with mini-
12 mum staffing requirements as provided in commission rules and regu-
13 lations. In addition, the commission shall determine whether the commin-
14 gling of such [inmates] incarcerated individuals presents a danger to
15 the health, safety or welfare of any such [inmate] incarcerated individ-
16 ual. If no such danger exists the chief administrative officer may
17 continue the commingling until the expiration of the aforementioned
18 thirty day period or until such time as he or she determines that the
19 overcrowding which necessitated the commingling no longer exists, which-
20 ever occurs first. In the event the commission determines that such
21 danger exists, it shall immediately notify the chief administrative
22 officer, and the commingling of such [inmates] incarcerated individuals
23 shall cease. Such notification shall include specific measures which
24 should be undertaken by the chief administrative officer, to correct
25 such dangers. The chief administrative officer may correct such dangers
26 and reapply to the commission for permission to commingle; however, no
27 commingling may take place until such time as the commission certifies
28 that the facility is now in compliance with the measures set forth in
29 the notification under this subdivision. When such certification has
30 been received by the chief administrative officer, the commingling may
31 continue for thirty days, less any time during which the chief adminis-
32 trative officer commingled such [inmates] incarcerated individuals
33 following his or her application to the commission, or until such time
34 as he determines that the overcrowding which necessitated the commin-
35 gling no longer exists, whichever occurs first. The chief administrative
36 officer may apply for permission to commingle such [inmates] incarcerat-
37 ed individuals for up to two additional thirty day periods, in conformi-
38 ty with the provisions and the requirements of this subdivision, in a
39 given calendar year. For the period ending December thirtieth, nineteen
40 hundred eighty-four, a locality may not apply for more than one thirty
41 day commingling period.
42 § 199. Subdivisions 7 and 8 of section 500-c of the correction law, as
43 amended by section 43 of part A-1 of chapter 56 of the laws of 2010, are
44 amended to read as follows:
45 7. A sheriff, the New York city commissioner of correction, or the
46 Westchester county commissioner of correction, as the case may be, shall
47 maintain an institutional fund account on behalf of every lawfully
48 sentenced [inmate] incarcerated individual or prisoner in his or her
49 custody and shall for the benefit of the person make deposits into said
50 accounts of any prisoner funds. As used in this section, the term "pris-
51 oner funds" means (i) funds in the possession of the prisoner at the
52 time of admission into the institution; (ii) funds earned by a prisoner
53 as provided in section one hundred eighty-seven of this chapter; and
54 (iii) any other funds received by or on behalf of the prisoner and
55 deposited with such sheriff or municipal official in accordance with the
56 written procedures established by the commission. Whenever the total
S. 3332 114
1 value of unencumbered funds in a prisoner's account exceeds ten thousand
2 dollars, such sheriff or official shall give written notice to the
3 office of victim services.
4 8. A sheriff, the New York city commissioner of correction, or the
5 Westchester county commissioner of correction, as the case may be, shall
6 provide written notice to all [inmates] incarcerated individuals serving
7 a definite sentence for a specified crime defined in paragraph (e) of
8 subdivision one of section six hundred thirty-two-a of the executive law
9 who may be subject to any requirement to report to the office of victim
10 services any funds of a convicted person as defined in section six
11 hundred thirty-two-a of the executive law, the procedures for such
12 reporting and any potential penalty for a failure to comply.
13 § 200. Subdivision 3 of section 500-d of the correction law, as
14 amended by chapter 256 of the laws of 2010, is amended to read as
15 follows:
16 (3) Such keeper may, with the consent of the board of supervisors of
17 the county, or the county judge, from time to time, cause such of the
18 convicts under his or her charge as are capable of hard labor, to be
19 employed outside of the jail in the same, or in an adjoining county,
20 upon such terms as may be agreed upon between the keepers and the offi-
21 cers, or persons, under whose direction such convicts shall be placed,
22 subject to such regulations as the board or judge may prescribe; and the
23 board of supervisors of the several counties are authorized to employ
24 convicts under sentence to confinement in the county jails, in building
25 and repairing penal institutions of the county and in building and
26 repairing the highways in their respective counties or in preparing the
27 materials for such highways for sale to and for the use of the state,
28 counties, towns, villages or cities, and in cutting wood and performing
29 other work which is commonly carried on at a prison camp, and to make
30 rules and regulations for their employment; and the said board of super-
31 visors are hereby authorized to cause money to be raised by taxation for
32 the purpose of furnishing materials and carrying this provision into
33 effect; and the courts of this state are hereby authorized to sentence
34 convicts committed to detention in the county jails to such hard labor
35 as may be provided for them by the boards of supervisors. This section
36 as amended shall not affect a county wholly included within a city.
37 Notwithstanding any other provision of law, an [inmate] incarcerated
38 individual may be permitted to leave the institution under guard to
39 voluntarily perform work for a nonprofit organization pursuant to this
40 subdivision. As used in this section, the term "nonprofit organization"
41 means an organization operated exclusively for religious, charitable, or
42 educational purposes, no part of the net earnings of which inures to the
43 benefit of any private shareholder or individual.
44 § 201. Section 500-h of the correction law, as added by chapter 481 of
45 the laws of 1991, is amended to read as follows:
46 § 500-h. Payment of costs for medical and dental services. 1. Diag-
47 noses, tests, studies or analyses for the diagnosis of a disease or
48 disability, and care and treatment by a hospital, as defined in article
49 twenty-eight of the public health law, or by a physician, or by a
50 dentist to [inmates] incarcerated individuals of a local correctional
51 facility which are provided by a county or the city of New York shall be
52 available without cost or charge to the [inmates] incarcerated individ-
53 uals receiving such examinations, care or treatment.
54 2. Notwithstanding the provisions of subdivision one of this section,
55 any county or the city of New York may, by local law, provide that such
56 entity may be reimbursed for costs paid pursuant to subdivision one of
S. 3332 115
1 this section from any third party coverage or indemnification carried by
2 an [inmate] incarcerated individual. Such third party coverage or
3 indemnification shall first be applied against the total cost to the
4 hospital or other provider as established in accordance with the
5 provisions of section twenty-eight hundred seven of the public health
6 law relating to rates of payment of an individual's care and treatment,
7 as provided herein.
8 § 202. Section 500-k of the correction law, as amended by chapter 2 of
9 the laws of 2008, is amended to read as follows:
10 § 500-k. Treatment of [inmates] incarcerated individuals. Subdivisions
11 five and six of section one hundred thirty-seven of this chapter, except
12 paragraphs (d) and (e) of subdivision six of such section, relating to
13 the treatment of [inmates] incarcerated individuals in state correction-
14 al facilities are applicable to [inmates] incarcerated individuals
15 confined in county jails; except that the report required by paragraph
16 (f) of subdivision six of such section shall be made to a person desig-
17 nated to receive such report in the rules and regulations of the state
18 commission of correction, or in any county or city where there is a
19 department of correction, to the head of such department.
20 § 203. The section heading and subdivision 2 of section 500-o of the
21 correction law, as added by chapter 573 of the laws of 2011, are amended
22 to read as follows:
23 Agreements for custody of [inmates] incarcerated individuals from
24 other states.
25 2. [Inmates] Incarcerated individuals who are confined in a local
26 correctional facility pursuant to an agreement under this section shall
27 be dealt with in all respects in the same manner as [inmates] incarcer-
28 ated individuals committed to the custody of a local correctional facil-
29 ity pursuant to paragraph (e) of subdivision one of section five
30 hundred-a of this article. All rules and regulations promulgated by the
31 commission regarding the treatment of [inmates] incarcerated individuals
32 confined in a local correctional facility shall be applicable to
33 [inmates] incarcerated individuals confined pursuant to this section. An
34 [inmate] incarcerated individual confined in a local correctional facil-
35 ity pursuant to an agreement under this section shall not be deprived of
36 any legal rights which such [inmate] incarcerated individual would have
37 had if confined in a correctional institution in the jurisdiction in
38 which he or she was convicted.
39 § 204. Subdivision 2 of section 501 of the correction law, as added by
40 chapter 122 of the laws of 2017, is amended to read as follows:
41 2. Notwithstanding subdivision one of this section, a county board of
42 supervisors may instead procure the services of a professional partner-
43 ship, a professional service corporation, a professional service limited
44 liability company or a registered limited liability company, duly
45 authorized to practice medicine in the state, for the purpose of provid-
46 ing health services to the [inmates] incarcerated individuals of the
47 jail, provided that one physician from any such professional partner-
48 ship, professional services corporation, professional service limited
49 liability company or registered limited liability company shall be
50 designated by the board to act as the chief medical officer of the jail.
51 § 205. Subdivisions 1 and 2 of section 504 of the correction law,
52 subdivision 1 as amended by chapter 305 of the laws of 2019 and subdivi-
53 sion 2 as amended by section 28 of subpart B of part C of chapter 62 of
54 the laws of 2011, are amended to read as follows:
55 1. (a) If there is no jail in a county, or the jail becomes unfit or
56 unsafe for the confinement of some or all of the [inmates] incarcerated
S. 3332 116
1 individuals, civil or criminal, or is destroyed by fire or otherwise, or
2 if a pestilential disease breaks out in the jail or in the vicinity of
3 the jail and the physician to the jail certifies that it is likely to
4 endanger the health of any or all of the [inmates] incarcerated individ-
5 uals in the jail, the state commission of correction, upon application,
6 must, by an instrument in writing, filed with the clerk of the county,
7 designate another suitable place within the county, or the jail of any
8 other county, for the confinement of some or all of the [inmates] incar-
9 cerated individuals, as the case requires. The place so designated ther-
10 eupon becomes, to all intents and purposes, except as otherwise
11 prescribed in this article, the jail of the county for which it has been
12 so designated, and the purposes expressed in the instrument designating
13 the same. The designation may be amended, modified or revoked by the
14 state commission of correction by a subsequent instrument in writing
15 filed with the clerk of the county.
16 (b) If transfer to the jail of another county would allow for an
17 [inmate's] incarcerated individual's participation in beneficial
18 programming, the state commission of correction, upon application and
19 the consent of such [inmate] incarcerated individual and any involved
20 sheriff, may, by an instrument in writing, filed with the clerk of the
21 county, designate the jail of such other county, for the confinement of
22 such [inmate] incarcerated individual, as the case requires. The jail so
23 designated thereupon becomes, to all intents and purposes, except as
24 otherwise prescribed in this article, the jail of the county for which
25 it has been so designated, and the purposes expressed in the instrument
26 designating the same. The designation may be amended, modified or
27 revoked by the state commission of correction by a subsequent instrument
28 in writing filed with the clerk of the county.
29 2. Where the jail in a county becomes unfit or unsafe for the confine-
30 ment of some or all of the [inmates] incarcerated individuals due to an
31 [inmate] incarcerated individual disturbance or other extraordinary
32 circumstances, including but not limited to a natural disaster, unantic-
33 ipated deficiencies in the structural integrity of a facility or the
34 inability to provide one or more [inmates] incarcerated individuals with
35 essential services such as medical care, upon the request of the munici-
36 pal official as defined in subdivision four of section forty of this
37 chapter and no other suitable place within the county nor the jail of
38 any other county is immediately available to house some or all of the
39 [inmates] incarcerated individuals, the commissioner of corrections and
40 community supervision may, in his or her sole discretion, make avail-
41 able, upon such terms and conditions as he or she may deem appropriate,
42 all or any part of a state correctional institution for the confinement
43 of some or all of such [inmates] incarcerated individuals as an adjunct
44 to the county jail for a period not to exceed thirty days. However, if
45 the county jail remains unfit or unsafe for the confinement of some or
46 all of such [inmates] incarcerated individuals beyond thirty days, the
47 state commission of correction, with the consent of the commissioner of
48 corrections and community supervision, may extend the availability of a
49 state correctional institution for one or more additional thirty day
50 periods. The state commission of correction shall promulgate rules and
51 regulations governing the temporary transfer of [inmates] incarcerated
52 individuals to state correctional institutions from county jails,
53 including but not limited to provisions for confinement of such
54 [inmates] incarcerated individuals in the nearest correctional facility,
55 to the maximum extent practicable, taking into account necessary securi-
56 ty. The commissioner of corrections and community supervision may, in
S. 3332 117
1 his or her sole discretion, based on standards promulgated by the
2 department, determine whether a county shall reimburse the state for any
3 or all of the actual costs of confinement as approved by the director of
4 the division of the budget. On or before the expiration of each thirty
5 day period, the state commission of correction must make an appropriate
6 designation pursuant to subdivision one of this section if the county
7 jail remains unfit or unsafe for the confinement of some or all of the
8 [inmates] incarcerated individuals and consent to the continued avail-
9 ability of a state correctional institution as required for herein. The
10 superintendence, management and control of a state correctional institu-
11 tion or part thereof made available pursuant hereto and the [inmates]
12 incarcerated individuals housed therein shall be as directed by the
13 commissioner of corrections and community supervision.
14 § 206. Subdivisions 1, 3 and 4 of section 505 of the correction law,
15 as added by chapter 437 of the laws of 2013, are amended to read as
16 follows:
17 1. Where an [inmate] incarcerated individual who is not yet eighteen
18 years of age has been committed to the custody of the sheriff or other
19 person in charge of a local correctional facility and no medical consent
20 has been obtained prior to commitment, the commitment order shall be
21 deemed to grant to the minor the capacity to consent to routine medical,
22 dental and mental health services and treatment to himself or herself.
23 3. (a) At any time prior to the date the [inmate] incarcerated indi-
24 vidual becomes eighteen years of age, the [inmate's] incarcerated indi-
25 vidual's parent or legal guardian may institute legal proceedings pursu-
26 ant to section 70.20 of the penal law objecting to the provision of
27 routine medical, dental or mental health services and treatment being
28 provided to the [inmate] incarcerated individual.
29 (b) A notice of motion shall be served on the [inmate] incarcerated
30 individual and the sheriff or other person in charge of the local
31 correctional facility not less than seven days prior to the return date
32 of the motion. The person on whom the notice of motion is served shall
33 answer the motion not less than two days before the return date. On
34 examining the motion and answer and, in its discretion, after hearing
35 argument, the court shall enter an order, granting or denying the
36 motion.
37 4. Nothing in this section shall preclude an [inmate] incarcerated
38 individual from consenting on his or her own behalf to any medical,
39 dental or mental health services and treatment where otherwise author-
40 ized by law to do so.
41 § 207. Subdivision 1 and paragraph a of subdivision 2 of section 508
42 of the correction law, as amended by chapter 196 of the laws of 2017,
43 are amended to read as follows:
44 1. A sheriff, in his or her discretion, may by written order permit
45 [inmates] incarcerated individuals confined in a local correctional
46 facility to receive medical diagnosis and treatment in outside hospi-
47 tals, upon the determination that such outside treatment and diagnosis
48 is necessary by reason of inadequate facilities within the local correc-
49 tional facility. Such [inmates] incarcerated individuals shall remain
50 under the jurisdiction and in the custody of said sheriff while in a
51 hospital, other than a secure facility, as such term is defined in para-
52 graph b of subdivision two of this section, and said sheriff shall
53 enforce proper measures in each case to safely maintain such jurisdic-
54 tion and custody.
55 a. If a physician to a jail or in case of a vacancy a physician acting
56 as such and the warden or jailer certify in writing that a prisoner
S. 3332 118
1 confined in a jail, either in a civil cause or upon a criminal charge,
2 is in such a state of mental health that he or she is in need of invol-
3 untary care and treatment and in their opinion should be removed to a
4 psychiatric hospital for treatment, the warden or jailer shall imme-
5 diately notify the director who shall have the responsibility for
6 providing treatment for such prisoner. If such director after examina-
7 tion of the prisoner by an examining physician designated by him or her
8 shall determine that such prisoner is in need of involuntary care and
9 treatment, the director shall file an application for the involuntary
10 hospitalization of such prisoner pursuant to article nine of the mental
11 hygiene law in a hospital or secure facility, as defined in paragraph b
12 of this subdivision, operated by the office of mental health or in the
13 case of a prisoner confined in a jail in a city or county which main-
14 tains or operates a general hospital containing a psychiatric prison
15 ward approved by the office of mental health to such prison ward for
16 care and treatment or to any other psychiatric hospital if such prison
17 ward is filled to capacity. Such application shall be supported by the
18 certificate of two physicians in accordance with the requirements of
19 section 9.27 of the mental hygiene law and thereupon such prisoner shall
20 be admitted forthwith to the hospital or secure facility in which such
21 application is filed, and the procedures of the mental hygiene law
22 governing the hospitalization of such prisoner. The jailer or warden
23 having custody of the prisoner shall deliver the prisoner to the hospi-
24 tal or secure facility with which the director has filed the applica-
25 tion. If such jailer or warden shall certify that such prisoner has a
26 mental illness which is likely to result in serious harm to himself,
27 herself or others and for which care in a psychiatric hospital is appro-
28 priate such jailer or warden shall effect the admission of such prisoner
29 to a hospital or secure facility forthwith in accordance with the
30 provisions of section 9.37 or 9.39 of the mental hygiene law and the
31 hospital shall admit such prisoner. Upon admission of the prisoner,
32 pursuant to section 9.37 or 9.39 of the mental hygiene law, the jailer
33 or warden shall notify the director, the prisoner's attorney, and his or
34 her family, where information about the family is available. While the
35 prisoner is in the hospital, other than a secure facility, he or she
36 shall remain in the custody under sufficient guard of the jailer or
37 warden in charge of the jail from which he or she came. When the prison-
38 er is in a secure facility, the jailer or warden may transfer custody of
39 the [inmate] incarcerated individual to the commissioner of mental
40 health, pursuant to an agreement between such jailer or warden and such
41 commissioner. A prisoner admitted to a psychiatric hospital pursuant to
42 section 9.27, 9.37 or 9.39 of the mental hygiene law may be retained at
43 the hospital or secure facility pursuant to the provisions of the mental
44 hygiene law until he or she has improved sufficiently in his or her
45 mental illness so that hospitalization is no longer necessary or until
46 ordered by the court to be returned to the jail whichever comes first
47 and in either event, the prisoner shall thereupon be returned to jail.
48 The cost of the care and treatment of such prisoners in the hospital or
49 secure facility shall be defrayed in accordance with the provisions of
50 the mental hygiene law in such cases provided.
51 From the time of admission of a prisoner to a hospital under this
52 section the retention of such prisoner for care and treatment shall be
53 subject to the provisions for notice, hearing, review and judicial
54 approval of continued retention or transfer and continued retention
55 provided by article nine of the mental hygiene law for the admission and
56 retention of involuntary patients.
S. 3332 119
1 § 208. Section 509 of the correction law, as amended by chapter 419 of
2 the laws of 1989, is amended to read as follows:
3 § 509. Absence of [inmate] incarcerated individual for funeral and
4 deathbed visits. The sheriff of a local correctional facility or his or
5 her designee may permit any [inmate] incarcerated individual confined in
6 his or her local correctional facility to attend the funeral of his or
7 her father, mother, guardian or former guardian, child, brother, sister,
8 husband, wife, grandparent, grandchild, ancestral uncle or ancestral
9 aunt within the state, or to visit such individual during his or her
10 illness if death be imminent; but the exercise of such power shall be
11 subject to such rules and regulations as the commission shall prescribe,
12 respecting the granting of such permission, duration of absence from the
13 institution, custody, transportation and care of the [inmate] incarcer-
14 ated individual, and guarding against escape.
15 § 209. The section heading, subdivisions (a), (b) and (e) of section
16 601 of the correction law, the section heading and subdivision (b) as
17 amended by chapter 39 of the laws of 1977, subdivision (a) as amended by
18 section 5 of chapter 177 of the laws of 2011, and subdivision (e) as
19 added by section 2 of part D of chapter 56 of the laws of 2008, are
20 amended to read as follows:
21 Delivery of commitment with [inmate] incarcerated individual; payment
22 of fees for transportation.
23 (a) Whenever an [inmate] incarcerated individual shall be delivered to
24 the superintendent of a state correctional facility pursuant to an inde-
25 terminate or determinate sentence, the officer so delivering such
26 [inmate] incarcerated individual shall deliver to such superintendent,
27 the sentence and commitment or certificate of conviction, or a certified
28 copy thereof, and a copy of any order of protection pursuant to section
29 380.65 of the criminal procedure law received by such officer from the
30 clerk of the court by which such [inmate] incarcerated individual shall
31 have been sentenced, a copy of the report of the probation officer's
32 investigation and report or a detailed statement covering the facts
33 relative to the crime and previous history certified by the district
34 attorney, a copy of the [inmate's] incarcerated individual's fingerprint
35 records, a detailed summary of available medical records, psychiatric
36 records and reports relating to assaults, or other violent acts,
37 attempts at suicide or escape by the [inmate] incarcerated individual
38 while in the custody of the local correctional facility; any such
39 medical or psychiatric records in the possession of a health care
40 provider other than the local correctional facility shall be summarized
41 in detail and forwarded by such health care provider to the medical
42 director of the appropriate state correctional facility upon request;
43 the superintendent shall present to such officer a certificate of the
44 delivery of such [inmate] incarcerated individual, and the fees of such
45 officer for transporting such [inmate] incarcerated individual shall be
46 paid from the treasury upon the audit and warrant of the comptroller.
47 Whenever an [inmate] incarcerated individual of the state is delivered
48 to a local facility, the superintendent shall forward summaries of such
49 records to the local facility with the [inmate] incarcerated individual.
50 (b) Whenever an [inmate] incarcerated individual is sentenced by a
51 court of this state to an indeterminate sentence, but the [inmate]
52 incarcerated individual is immediately returned to a correctional facil-
53 ity under the jurisdiction of the United States or of a sister state,
54 the clerk of the court shall immediately send to the commissioner of the
55 department a certified copy of the sentence, a copy of the probation
S. 3332 120
1 report and a copy of the fingerprint records of the [inmate] incarcerat-
2 ed individual.
3 (e) A copy of any order of protection issued by any court against such
4 [inmate] incarcerated individual pursuant to article five hundred thirty
5 of the criminal procedure law or article eight of the family court act
6 at the time of sentencing or which thereafter be issued shall accompany
7 any commitment.
8 § 209-a. Subdivisions (a) and (b) of section 601 of the correction
9 law, subdivision (a) as amended by section 6 of chapter 177 of the laws
10 of 2011 and subdivision (b) as amended by chapter 738 of the laws of
11 2004, are amended to read as follows:
12 (a) Whenever an [inmate] incarcerated individual shall be delivered to
13 the superintendent of a state correctional facility pursuant to an inde-
14 terminate or determinate sentence, the officer so delivering such
15 [inmate] incarcerated individual shall deliver to such superintendent,
16 the sentence and commitment or certificate of conviction, or a certified
17 copy thereof, and a copy of any order of protection pursuant to section
18 380.65 of the criminal procedure law received by such officer from the
19 clerk of the court by which such [inmate] incarcerated individual shall
20 have been sentenced, a copy of the report of the probation officer's
21 investigation and report or a detailed statement covering the facts
22 relative to the crime and previous history certified by the district
23 attorney, a copy of the [inmate's] incarcerated individual's fingerprint
24 records, a detailed summary of available medical records, psychiatric
25 records and reports relating to assaults, or other violent acts,
26 attempts at suicide or escape by the [inmate] incarcerated individual
27 while in the custody of the local correctional facility; any such
28 medical or psychiatric records in the possession of a health care
29 provider other than the local correctional facility shall be summarized
30 in detail and forwarded by such health care provider to the medical
31 director of the appropriate state correctional facility upon request;
32 the superintendent shall present to such officer a certificate of the
33 delivery of such [inmate] incarcerated individual, and the fees of such
34 officer for transporting such [inmate] incarcerated individual shall be
35 paid from the treasury upon the audit and warrant of the comptroller.
36 Whenever an [inmate] incarcerated individual of the state is delivered
37 to a local facility, the superintendent shall forward summaries of such
38 records to the local facility with the [inmate] incarcerated individual.
39 (b) Whenever an [inmate] incarcerated individual is sentenced by a
40 court of this state to an indeterminate or determinate sentence, but the
41 [inmate] incarcerated individual is immediately returned to a correc-
42 tional facility under the jurisdiction of the United States or of a
43 sister state, the clerk of the court shall immediately send to the
44 commissioner of the department a certified copy of the sentence, a copy
45 of the probation report and a copy of the fingerprint records of the
46 [inmate] incarcerated individual.
47 § 210. The opening paragraph and subdivision 2 of section 601-d of the
48 correction law, as amended by section 29 of subpart B of part C of chap-
49 ter 62 of the laws of 2011, are amended to read as follows:
50 This section shall apply only to [inmates] incarcerated individuals in
51 the custody of the commissioner, and releasees under the supervision of
52 the department, upon whom a determinate sentence was imposed between
53 September first, nineteen hundred ninety-eight, and the effective date
54 of this section, which was required by law to include a term of post-re-
55 lease supervision:
S. 3332 121
1 2. Whenever it shall appear to the satisfaction of the department that
2 an [inmate] incarcerated individual in its custody or that a releasee
3 under its supervision, is a designated person, the department shall make
4 notification of that fact to the court that sentenced such person, and
5 to the [inmate] incarcerated individual or releasee.
6 § 211. Section 605-a of the correction law, as amended by section 30
7 of subpart B of part C of chapter 62 of the laws of 2011, is amended to
8 read as follows:
9 § 605-a. Transportation of female [inmates] incarcerated individuals.
10 Whenever any female [inmate] incarcerated individual is conveyed to an
11 institution under the jurisdiction of the state department of
12 corrections and community supervision pursuant to sentence or commit-
13 ment, such female [inmate] incarcerated individual shall be accompanied
14 by at least one female officer.
15 § 212. The section heading and subdivision 1 of section 606 of the
16 correction law, as added by chapter 824 of the laws of 1985, are amended
17 to read as follows:
18 Payment of costs for prosecution of [inmates] incarcerated
19 individuals. 1. When an [inmate] incarcerated individual of an institu-
20 tion of the department is alleged to have committed an offense while an
21 [inmate] incarcerated individual of such institution, the state shall
22 pay all reasonable costs for the prosecution of such offense, including
23 but not limited to, costs for: a grand jury impaneled to hear and exam-
24 ine evidence of such offense, petit jurors, witnesses, the defense of
25 any [inmate] incarcerated individual financially unable to obtain coun-
26 sel in accordance with the provisions of the county law, the district
27 attorney, the costs of the sheriff and the appointment of additional
28 court attendants, officers or other judicial personnel.
29 § 213. Subdivisions 2 and 3 of section 610 of the correction law, as
30 amended by chapter 268 of the laws of 1969, are amended to read as
31 follows:
32 2. This section shall be deemed to apply to every incorporated or
33 unincorporated society for the reformation of its [inmates] incarcerated
34 individuals, as well as houses of refuge, penitentiaries, protectories,
35 reformatories or other correctional institutions, continuing to receive
36 for its use, either public moneys, or a per capita sum from any munici-
37 pality for the support of [inmates] incarcerated individuals.
38 3. The rules and regulations established for the government of the
39 institutions mentioned in this section shall recognize the right of the
40 [inmates] incarcerated individuals to the free exercise of their reli-
41 gious belief, and to worship God according to the dictates of their
42 consciences, including baptism by immersion, in accordance with the
43 provisions of the constitution; and shall allow religious services on
44 Sunday and for private ministration to the [inmates] incarcerated indi-
45 viduals in such manner as may best carry into effect the spirit and
46 intent of this section and be consistent with the proper discipline and
47 management of the institution; and the [inmates] incarcerated individ-
48 uals of such institutions shall be allowed such religious services and
49 spiritual advice and spiritual ministration from some recognized clergy-
50 man of the denomination or church which said [inmates] incarcerated
51 individuals may respectively prefer or to which they may have belonged
52 prior to their being confined in such institutions; but if any of such
53 [inmates] incarcerated individuals shall be minors under the age of
54 sixteen years, then such services, advice and spiritual ministration
55 shall be allowed in accordance with the methods and rites of the partic-
56 ular denomination or church which the parents or guardians of such
S. 3332 122
1 minors may select; such services to be held and such advice and minis-
2 tration to be given within the buildings or grounds, whenever possible,
3 where the [inmates] incarcerated individuals are required by law to be
4 confined, in such manner and at such hours as will be in harmony, as
5 aforesaid, with the discipline and the rules and regulations of the
6 institution and secure to such [inmates] incarcerated individuals free
7 exercise of their religious beliefs in accordance with the provisions of
8 this section. In case of a violation of any of the provisions of this
9 section any person feeling himself or herself aggrieved thereby may
10 institute proceedings in the supreme court of the district where such
11 institution is situated, which is hereby authorized and empowered to
12 enforce the provisions of this section.
13 § 214. The section heading, paragraph (c) of subdivision 1 and subdi-
14 vision 2 of section 611 of the correction law, the section heading and
15 subdivision 2 as amended by chapter 242 of the laws of 1930, and para-
16 graph (c) of subdivision 1 as amended by chapter 17 of the laws of 2016,
17 are amended to read as follows:
18 Births to [inmates] incarcerated individuals of correctional insti-
19 tutions and care of children of [inmates] incarcerated individuals of
20 correctional institutions.
21 (c) No restraints of any kind shall be used when such woman is in
22 labor, admitted to a hospital, institution or clinic for delivery, or
23 recovering after giving birth. Any such personnel as may be necessary to
24 supervise the woman during transport to and from and during her stay at
25 the hospital, institution or clinic shall be provided to ensure adequate
26 care, custody and control of the woman, except that no correctional
27 staff shall be present in the delivery room during the birth of a baby
28 unless requested by the medical staff supervising such delivery or by
29 the woman giving birth. The superintendent or sheriff or his or her
30 designee shall cause such woman to be subject to return to such institu-
31 tion or local correctional facility as soon after the birth of her child
32 as the state of her health will permit as determined by the medical
33 professional responsible for the care of such woman. If such woman is
34 confined in a local correctional facility, the expense of such accommo-
35 dation, maintenance and medical care shall be paid by such woman or her
36 relatives or from any available funds of the local correctional facility
37 and if not available from such sources, shall be a charge upon the coun-
38 ty, city or town in which is located the court from which such [inmate]
39 incarcerated individual was committed to such local correctional facili-
40 ty. If such woman is confined in any institution under the control of
41 the department, the expense of such accommodation, maintenance and
42 medical care shall be paid by such woman or her relatives and if not
43 available from such sources, such maintenance and medical care shall be
44 paid by the state. In cases where payment of such accommodations, main-
45 tenance and medical care is assumed by the county, city or town from
46 which such [inmate] incarcerated individual was committed the payor
47 shall make payment by issuing payment instrument in favor of the agency
48 or individual that provided such accommodations and services, after
49 certification has been made by the head of the institution to which the
50 [inmate] incarcerated individual was legally confined, that the charges
51 for such accommodations, maintenance and medical care were necessary and
52 are just, and that the institution has no available funds for such
53 purpose.
54 2. A child so born may be returned with its mother to the correctional
55 institution in which the mother is confined unless the chief medical
56 officer of the correctional institution shall certify that the mother is
S. 3332 123
1 physically unfit to care for the child, in which case the statement of
2 the said medical officer shall be final. A child may remain in the
3 correctional institution with its mother for such period as seems desir-
4 able for the welfare of such child, but not after it is one year of age,
5 provided, however, if the mother is in a state reformatory and is to be
6 paroled shortly after the child becomes one year of age, such child may
7 remain at the state reformatory until its mother is paroled, but in no
8 case after the child is eighteen months old. The officer in charge of
9 such institution may cause a child cared for therein with its mother to
10 be removed from the institution at any time before the child is one year
11 of age. He shall make provision for a child removed from the institution
12 without its mother or a child born to a woman [inmate] incarcerated
13 individual who is not returned to the institution with its mother as
14 hereinafter provided. He may, upon proof being furnished by the father
15 or other relatives of their ability to properly care for and maintain
16 such child, give the child into the care and custody of such father or
17 other relatives, who shall thereafter maintain the same at their own
18 expense. If it shall appear that such father or other relatives are
19 unable to properly care for and maintain such child, such officer shall
20 place the child in the care of the commissioner of public welfare or
21 other officer or board exercising in relation to children the power of a
22 commissioner of public welfare of the county from which such [inmate]
23 incarcerated individual was committed as a charge upon such county. The
24 officer in charge of the correctional institution shall send to such
25 commissioner, officer or board a report of all information available in
26 regard to the mother and the child. Such commissioner of public welfare
27 or other officer or board shall care for or place out such child as
28 provided by law in the case of a child becoming dependent upon the coun-
29 ty.
30 § 215. Subdivisions 1 and 2 of section 618 of the correction law,
31 subdivision 1 as amended by chapter 413 of the laws of 1993 and subdivi-
32 sion 2 as amended by chapter 654 of the laws of 1974, are amended to
33 read as follows:
34 1. It shall also be the duty of the commissioner to continue to make
35 or have impressions made of the finger and thumbprints of all [inmates]
36 incarcerated individuals in any of the institutions under the jurisdic-
37 tion of the department; in his or her discretion, to cause said
38 [inmates] incarcerated individuals to be measured and described; and to
39 cause to be obtained and recorded, so far as possible, modus operandi
40 statements of said [inmates] incarcerated individuals. The commissioner
41 shall cause such impressions and measurements of persons confined in
42 state correctional institutions to be made by a person or persons in the
43 official service of the state in conformity with the system now in use
44 in the division of criminal justice services, and shall prescribe rules
45 and regulations for obtaining and recording such modus operandi state-
46 ments, and for keeping accurate records of such impressions, measure-
47 ments and statements, in the offices of such institutions.
48 2. It is hereby made the duty of the officials having charge of all
49 the penitentiaries and county jails in the state to cause [inmates]
50 incarcerated individuals confined therein under sentence for any crime
51 to be measured and described and the fingerprint impressions of such
52 [inmates] incarcerated individuals to be made according to the rules and
53 methods prescribed by the commissioner of criminal justice services. It
54 shall also be the duty of such officials in charge of such institutions
55 to procure so far as possible modus operandi statements from all such
56 prisoners. And it shall be the duty of such officials to cause dupli-
S. 3332 124
1 cate records of such measurements, impressions and statements to be
2 made, two copies to be transmitted to the division of criminal justice
3 services within twenty-four hours following the time of the reception of
4 such [inmates] incarcerated individuals in said institutions.
5 § 216. Section 619 of the correction law, as amended by section 31 of
6 subpart B of part C of chapter 62 of the laws of 2011, is amended to
7 read as follows:
8 § 619. Cooperation with authorized agencies of the department of
9 social services. It shall be the duty of an official of any institution
10 under the jurisdiction of the commissioner of corrections and community
11 supervision to cooperate with an authorized agency of the department of
12 social services in making suitable arrangements for an [inmate] incar-
13 cerated individual confined therein to visit with his or her child
14 pursuant to subdivision seven of section three hundred eighty-four-b of
15 the social services law.
16 § 217. Section 622 of the correction law, as added by chapter 7 of the
17 laws of 2007, subdivision 6 as amended by chapter 672 of the laws of
18 2019, is amended to read as follows:
19 § 622. Sex offender treatment program. 1. The department shall make
20 available a sex offender treatment program for those [inmates] incarcer-
21 ated individuals who are serving sentences for felony sex offenses, or
22 for other offenses defined in subdivision (p) of section 10.03 of the
23 mental hygiene law, and are identified as having a need for such program
24 in accordance with sections eight hundred three and eight hundred five
25 of this chapter. In developing the treatment program, the department
26 shall give due regard to standards, guidelines, best practices, and
27 qualifications recommended by the office of sex offender management. The
28 department shall make such treatment programs available sufficiently in
29 advance of the time of the [inmate's] incarcerated individual's consid-
30 eration by the case review team, pursuant to section 10.05 of the mental
31 hygiene law, so as to allow the [inmate] incarcerated individual to
32 complete the treatment program prior to that time.
33 2. The primary purpose of the program shall be to reduce the likeli-
34 hood of reoffending by assisting such offenders to control their chain
35 of behaviors that lead to sexual offending. The length of participation
36 for each [inmate] incarcerated individual to achieve successful
37 completion shall be dependent upon the initial assessment of the
38 [inmate's] incarcerated individual's specific needs and the degree of
39 progress made by the [inmate] incarcerated individual as a participant
40 but shall not be less than six months.
41 3. The department's sex offender treatment program shall include resi-
42 dential programs, which shall require that at each correctional facility
43 where the residential program is provided, [inmate] incarcerated indi-
44 vidual participants shall be housed within the same housing area in
45 order to provide clinically appropriate treatment, and to provide a more
46 structured and controlled setting.
47 4. Each residential program shall be staffed with a licensed psychol-
48 ogist who shall provide clinical supervision to the treatment staff,
49 review, approve and modify treatment plans as appropriate for individual
50 [inmates] incarcerated individuals, provide clinical assessments for
51 participating [inmates] incarcerated individuals, observe and partic-
52 ipate in group sessions and make treatment recommendations. Each resi-
53 dential program shall also be staffed with a licensed clinical social
54 worker or other mental health professional who shall be knowledgeable
55 about the administration of testing instruments that are designed to
56 measure the degree of a sex offender's psychopathy and his or her
S. 3332 125
1 program needs. The assigned licensed psychologist shall also be know-
2 ledgeable about the application of such testing instruments.
3 5. Any [inmate] incarcerated individual committed to the custody of
4 the department on or after the effective date of this section for a
5 felony sex offense, or for any of the other offenses listed in subdivi-
6 sion (p) of section 10.03 of the mental hygiene law, shall, as soon as
7 practicable, be initially assessed by staff of the office of mental
8 health who shall be knowledgeable regarding the diagnosis, treatment,
9 assessment or evaluation of sex offenders. The assessment shall include,
10 but not be limited to, the determination of the degree to which the
11 [inmate] incarcerated individual presents a risk of violent sexual reci-
12 divism and his or her need for sex offender treatment while in prison.
13 6. Staff of the office of mental health and the office for people with
14 developmental disabilities may be consulted about the [inmate's] incar-
15 cerated individual's treatment needs and may assist in providing any
16 additional treatment services determined to be clinically appropriate to
17 address the [inmate's] incarcerated individual's underlying mental
18 abnormality or disorder. Such treatment services shall be provided using
19 professionally accepted treatment protocols.
20 § 218. Section 623 of the correction law, as added by chapter 240 of
21 the laws of 2007, is amended to read as follows:
22 § 623. [Inmate] Incarcerated individual telephone services. 1. Tele-
23 phone services contracts for [inmates] incarcerated individuals in state
24 correctional facilities shall be subject to the procurement provisions
25 as set forth in article eleven of the state finance law provided, howev-
26 er, that when determining the best value of such telephone service, the
27 lowest possible cost to the telephone user shall be emphasized.
28 2. The department shall make available either a "prepaid" or "collect
29 call" system, or a combination thereof, for telephone service. Under the
30 "prepaid" system, funds may be deposited into an account in order to pay
31 for station-to-station calls, provided that nothing in this subdivision
32 shall require the department to provide or administer a prepaid system.
33 Under a "collect call" system, call recipients are billed for the cost
34 of an accepted telephone call initiated by an [inmate] incarcerated
35 individual. Under such "collect call" system, the provider of [inmate]
36 incarcerated individual telephone service, as an additional means of
37 payment, must permit the recipient of [inmate] incarcerated individual
38 calls to establish an account with such provider in order to deposit
39 funds to pay for such collect calls in advance.
40 3. The department shall not accept or receive revenue in excess of its
41 reasonable operating cost for establishing and administering such tele-
42 phone system services as provided in subdivisions one and two of this
43 section.
44 4. The department shall establish rules and regulations or depart-
45 mental procedures to ensure that any [inmate] incarcerated individual
46 phone call system established by this section provides reasonable secu-
47 rity measures to preserve the safety and security of each correctional
48 facility, all staff and all persons outside a facility who may receive
49 [inmate] incarcerated individual phone calls.
50 § 219. Section 624 of the correction law, as added by chapter 447 of
51 the laws of 2016, is amended to read as follows:
52 § 624. Next of kin; death of [inmate] incarcerated individual. The
53 department shall be responsive to inquiries from the next of kin and
54 other person designated as the representative of any [inmate] incarcer-
55 ated individual whose death takes place during custody regarding the
56 circumstances surrounding the death of such [inmate] incarcerated indi-
S. 3332 126
1 vidual, the medical procedures used and the cause of death including
2 preliminary determinations and final determination as reported by an
3 autopsy report. The next of kin and other person designated as a repre-
4 sentative shall be identified from the emergency contact information
5 previously provided by the [inmate] incarcerated individual to the
6 department.
7 § 220. Subdivisions 2, 3 and 4 of section 631 of the correction law,
8 subdivision 2 as separately amended by chapters 411 and 622 of the laws
9 of 1973 and subdivisions 3 and 4 as amended by chapter 622 of the laws
10 of 1973, are amended to read as follows:
11 2. "Eligible [inmate] incarcerated individual" means a person confined
12 in a city prison or reformatory in a city having a population of one
13 million or more or in a county jail and penitentiaries of a county which
14 elects to have this article apply thereto where a furlough program has
15 been established who is sentenced to a definite period of six months or
16 more or to a reformatory sentence of imprisonment and has served a mini-
17 mum of six months of any such sentence.
18 3. "Furlough program" means a program under which eligible [inmates]
19 incarcerated individuals may be granted the privilege of leaving the
20 premises of a prison for a period not exceeding seventy-two hours for
21 the purpose of seeking employment, maintaining family ties, solving
22 family problems, to undergo surgery or to receive medical treatment or
23 dental treatment not available in the correctional institution, or for
24 any matter necessary to the furtherance of any such purposes.
25 4. "Extended bounds of confinement" means the area in which an
26 [inmate] incarcerated individual participating in a furlough program may
27 travel, the routes he or she is permitted to use, the places he or she
28 is authorized to visit, and the hours, days, or specially defined period
29 during which he or she is permitted to be absent from the premises of
30 the institution. An extension of limits shall be under such prescribed
31 conditions as the commissioner deems necessary. Such extension of limits
32 may be withdrawn at any time.
33 § 221. Section 632 of the correction law, as added by chapter 886 of
34 the laws of 1972, is amended to read as follows:
35 § 632. Establishment of a furlough program. [1.] The commissioner
36 shall designate, in the rules and regulations of the department; appro-
37 priate employees or an appropriate unit of the department, to be respon-
38 sible for [(a)] (i) securing education, on-the-job training and employ-
39 ment opportunities for [inmates] incarcerated individuals who are
40 eligible to participate in a furlough program and [(b)] (ii) supervising
41 [inmates] incarcerated individuals during their participation in a
42 furlough program outside the premises of the institution.
43 § 222. The section heading and subdivisions 1, 2, 6 and 7 of section
44 633 of the correction law, the section heading and subdivisions 2, 6 and
45 7 as added by chapter 886 of the laws of 1972, and subdivision 1 as
46 amended by chapter 622 of the laws of 1973, are amended to read as
47 follows:
48 Procedure for furlough release of eligible [inmates] incarcerated
49 individuals. 1. A person confined in a city prison or a county jail and
50 penitentiaries of a county which elects to have this article apply ther-
51 eto who is, or who within thirty days will become, an eligible [inmate]
52 incarcerated individual, may make application to the furlough release
53 committee of the institution for permission to participate in a furlough
54 program.
55 2. Any eligible [inmate] incarcerated individual may make application
56 to the furlough committee for leave of absence provided, however, that
S. 3332 127
1 in exigent circumstances such application may be made directly to the
2 warden of the institution and the warden may exercise all of the powers
3 of the furlough committee subject, however, to any limitations or
4 requirements set forth in the rules and regulations of the department
5 and subject further to the discretion of the commissioner.
6 6. After approving the program of furlough, the warden may then permit
7 an eligible [inmate] incarcerated individual who has accepted such
8 program to go outside the premises of the institution within the limits
9 of the extended bounds of confinement described in the memorandum;
10 provided, however, that no such permission shall become effective in the
11 case of a furlough program prior to the time at which the person to be
12 released becomes an eligible [inmate] incarcerated individual.
13 7. Participation in a furlough release program shall be a privilege.
14 Nothing contained in this article may be construed to confer upon any
15 [inmate] incarcerated individual the right to participate, or to contin-
16 ue to participate in a furlough program. The warden of the institution
17 may at any time, and upon recommendation of the furlough committee or of
18 the commissioner, revoke any [inmate's] incarcerated individual's privi-
19 lege to participate in a program of furlough.
20 § 223. Section 634 of the correction law, as added by chapter 886 of
21 the laws of 1972, subdivisions 1 and 4 as amended by chapter 843 of the
22 laws of 1980 and subdivision 2 as amended by chapter 622 of the laws of
23 1973, is amended to read as follows:
24 § 634. Conduct of [inmates] incarcerated individuals participating in
25 furlough program. 1. An [inmate] incarcerated individual who is permit-
26 ted to leave the premises of an institution to participate in a furlough
27 program shall have on his or her person a copy of the memorandum of that
28 program as signed by the warden of the institution and shall exhibit
29 such copy to any peace officer or police officer upon request of such
30 officer.
31 2. If the [inmate] incarcerated individual violates any provision of
32 the program, or any rule, or regulation promulgated by the commissioner
33 for conduct of [inmates] incarcerated individuals participating in
34 furlough programs, he or she shall be subject to disciplinary measures
35 to the same extent as if he or she violated a rule or regulation of the
36 commissioner for conduct of [inmates] incarcerated individuals within
37 the premises of the institution.
38 3. The provisions of this section relating to good behavior of
39 [inmates] incarcerated individuals while participating in furlough
40 programs outside the premises of institutions, and such allowances may
41 be granted, withheld, forfeited or cancelled in whole or part for behav-
42 ior outside the premises of an institution to the same extent and in the
43 same manner as is provided for behavior of [inmates] incarcerated indi-
44 viduals within the premises of the institutions.
45 4. An [inmate] incarcerated individual who is in violation of the
46 provisions of his or her furlough program may be taken into custody by
47 any peace officer or police officer and, in such event the [inmate]
48 incarcerated individual shall be returned forthwith to the institution
49 that released him or her. In any case where the institution is in a
50 county other than the one in which the [inmate] incarcerated individual
51 is apprehended, the officer may deliver the [inmate] incarcerated indi-
52 vidual to the nearest institution, jail or lockup and it shall be the
53 duty of the person in charge of said facility to hold such [inmate]
54 incarcerated individual securely until such time as he or she is deliv-
55 ered into the custody of an officer of the institution from which he or
56 she was released. Upon delivering the [inmate] incarcerated individual
S. 3332 128
1 to an institution, jail or lockup, other than the one from which he or
2 she was released, the officer who apprehended the [inmate] incarcerated
3 individual shall forthwith notify the warden of the institution from
4 which the [inmate] incarcerated individual was released and it shall be
5 the duty of the warden to effect the expeditious return of the [inmate]
6 incarcerated individual to the institution.
7 § 224. Subparagraphs (ii) and (iv) of paragraph (d) of subdivision 1
8 of section 803 of the correction law, as added by section 7 of chapter
9 738 of the laws of 2004, are amended to read as follows:
10 (ii) Such merit time allowance shall not be available to any person
11 serving an indeterminate sentence authorized for an A-I felony offense,
12 other than an A-I felony offense defined in article two hundred twenty
13 of the penal law, or any sentence imposed for a violent felony offense
14 as defined in section 70.02 of the penal law, manslaughter in the second
15 degree, vehicular manslaughter in the second degree, vehicular
16 manslaughter in the first degree, criminally negligent homicide, an
17 offense defined in article one hundred thirty of the penal law, incest,
18 or an offense defined in article two hundred sixty-three of the penal
19 law, or aggravated harassment of an employee by an [inmate] incarcerated
20 individual.
21 (iv) Such merit time allowance may be granted when an [inmate] incar-
22 cerated individual successfully participates in the work and treatment
23 program assigned pursuant to section eight hundred five of this article
24 and when such [inmate] incarcerated individual obtains a general equiv-
25 alency diploma, an alcohol and substance abuse treatment certificate, a
26 vocational trade certificate following at least six months of vocational
27 programming or performs at least four hundred hours of service as part
28 of a community work crew.
29 Such allowance shall be withheld for any serious disciplinary infrac-
30 tion or upon a judicial determination that the person, while an [inmate]
31 incarcerated individual, commenced or continued a civil action, proceed-
32 ing or claim that was found to be frivolous as defined in subdivision
33 (c) of section eight thousand three hundred three-a of the civil prac-
34 tice law and rules, or an order of a federal court pursuant to rule 11
35 of the federal rules of civil procedure imposing sanctions in an action
36 commenced by a person, while an [inmate] incarcerated individual,
37 against a state agency, officer or employee.
38 § 224-a. Subparagraphs (ii) and (iv) of paragraph (d) of subdivision 1
39 of section 803 of the correction law, as added by section 10-a of chap-
40 ter 738 of the laws of 2004, are amended to read as follows:
41 (ii) Such merit time allowance shall not be available to any person
42 serving an indeterminate sentence authorized for an A-I felony offense,
43 other than an A-I felony offense defined in article two hundred twenty
44 of the penal law, or any sentence imposed for a violent felony offense
45 as defined in section 70.02 of the penal law, manslaughter in the second
46 degree, vehicular manslaughter in the second degree, vehicular
47 manslaughter in the first degree, criminally negligent homicide, an
48 offense defined in article one hundred thirty of the penal law, incest,
49 or an offense defined in article two hundred sixty-three of the penal
50 law, or aggravated harassment of an employee by an [inmate] incarcerated
51 individual.
52 (iv) Such merit time allowance may be granted when an [inmate] incar-
53 cerated individual successfully participates in the work and treatment
54 program assigned pursuant to section eight hundred five of this article
55 and when such [inmate] incarcerated individual obtains a general equiv-
56 alency diploma, an alcohol and substance abuse treatment certificate, a
S. 3332 129
1 vocational trade certificate following at least six months of vocational
2 programming or performs at least four hundred hours of service as part
3 of a community work crew.
4 Such allowance shall be withheld for any serious disciplinary infrac-
5 tion or upon a judicial determination that the person, while an [inmate]
6 incarcerated individual, commenced or continued a civil action, proceed-
7 ing or claim that was found to be frivolous as defined in subdivision
8 (c) of section eight thousand three hundred three-a of the civil prac-
9 tice law and rules, or an order of a federal court pursuant to rule 11
10 of the federal rules of civil procedure imposing sanctions in an action
11 commenced by a person, while an [inmate] incarcerated individual,
12 against a state agency, officer or employee.
13 § 225. The section heading, clauses (A) and (C) of subparagraph (ii)
14 of paragraph (b), paragraphs (c) and (e) of subdivision 1 and subdivi-
15 sion 3 of section 803-b of the correction law, the section heading,
16 clauses (A) and (C) of subparagraph (ii) of paragraph (b), paragraph (e)
17 of subdivision 1 and subdivision 3 as added by section 4 of part L of
18 chapter 56 of the laws of 2009, paragraph (c) of subdivision 1 as
19 amended by section 1 of part E of chapter 55 of the laws of 2017, and
20 subparagraph (ii) of paragraph (c) of subdivision 1 as amended by chap-
21 ter 35 of the laws of 2020, are amended to read as follows:
22 Limited credit time allowances for [inmates] incarcerated individuals
23 serving indeterminate or determinate sentences imposed for specified
24 offenses.
25 (A) in the case of an eligible offender who is not subject to an inde-
26 terminate sentence with a maximum term of life imprisonment, such offen-
27 der shall be eligible for conditional release six months earlier than as
28 provided by paragraph (b) of subdivision one of section 70.40 of the
29 penal law, provided that the department determines such offender has
30 earned the full amount of good time authorized by section eight hundred
31 three of this article; the withholding of any good behavior time credit
32 by the department shall render an [inmate] incarcerated individual inel-
33 igible for the credit defined herein;
34 (C) an [inmate] incarcerated individual shall not be eligible for the
35 credit defined herein if he or she is returned to the department pursu-
36 ant to a revocation of presumptive release, parole, conditional release,
37 or post-release supervision and has not been sentenced to an additional
38 indeterminate or determinate term of imprisonment.
39 (c) "significant programmatic accomplishment" means that the [inmate]
40 incarcerated individual:
41 (i) participates in no less than two years of college programming; or
42 (ii) obtains an associate degree, bachelor's degree, master's degree
43 or doctoral degree by completing a registered program from a New York
44 state degree-granting institution, or a program offered by an out-of-
45 state institution of higher education authorized to offer post-secondary
46 distance education in New York state pursuant to applicable rules and
47 regulations promulgated by the education department of the state of New
48 York; or
49 (iii) successfully participates as an [inmate] incarcerated individual
50 program associate for no less than two years; or
51 (iv) receives a certification from the state department of labor for
52 his or her successful participation in an apprenticeship program; or
53 (v) successfully works as an [inmate] incarcerated individual hospice
54 aid for a period of no less than two years; or
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1 (vi) successfully works in the division of correctional industries'
2 optical program for no less than two years and receives a certification
3 as an optician from the American board of opticianry; or
4 (vii) receives an asbestos handling certificate from the department of
5 labor upon successful completion of the training program and then works
6 in the division of correctional industries' asbestos abatement program
7 as a hazardous materials removal worker or group leader for no less than
8 eighteen months; or
9 (viii) successfully completes the course curriculum and passes the
10 minimum competency screening process performance examination for sign
11 language interpreter, and then works as a sign language interpreter for
12 deaf [inmates] incarcerated individuals for no less than one year; or
13 (ix) successfully works in the puppies behind bars program for a peri-
14 od of no less than two years; or
15 (x) successfully participates in a vocational culinary arts program
16 for a period of no less than two years and earns a servsafe certificate
17 that is recognized by the national restaurant association; or
18 (xi) successfully completes the four hundred ninety hour training
19 program while assigned to a department of motor vehicles call center,
20 and continues to work at such call center for an additional twenty-one
21 months; or
22 (xii) receives a certificate from the food production center in an
23 assigned position following the completion of no less than eight hundred
24 hours of work in such position, and continues to work for an additional
25 eighteen months at the food production center.
26 (e) "disqualifying judicial determination" means a judicial determi-
27 nation that the person, while an [inmate] incarcerated individual,
28 commenced or continued a civil action or proceeding or claim that was
29 found to be frivolous as defined in subdivision (c) of section eight
30 thousand three hundred three-a of the civil practice law and rules, or
31 an order of a federal court pursuant to rule 11 of the federal rules of
32 civil procedure imposing sanctions in an action commenced by a person
33 while an [inmate] incarcerated individual against a state agency, offi-
34 cer or employee.
35 3. No person shall have the right to demand or require the credit
36 authorized by this section. The commissioner may revoke at any time such
37 credit for any disciplinary infraction committed by the [inmate] incar-
38 cerated individual or for any failure to continue to participate
39 successfully in any assigned work and treatment program after the
40 certificate of earned eligibility has been awarded. Any action by the
41 commissioner pursuant to this section shall be deemed a judicial func-
42 tion and shall not be reviewable if done in accordance with law.
43 § 226. Section 805 of the correction law, as amended by section 4 of
44 part E of chapter 62 of the laws of 2003, is amended to read as follows:
45 § 805. Earned eligibility program. Persons committed to the custody of
46 the department under an indeterminate or determinate sentence of impri-
47 sonment shall be assigned a work and treatment program as soon as prac-
48 ticable. No earlier than two months prior to the [inmate's] incarcerated
49 individual's eligibility to be paroled pursuant to subdivision one of
50 section 70.40 of the penal law, the commissioner shall review the
51 [inmate's] incarcerated individual's institutional record to determine
52 whether he or she has complied with the assigned program. If the commis-
53 sioner determines that the [inmate] incarcerated individual has success-
54 fully participated in the program he or she may issue the [inmate]
55 incarcerated individual a certificate of earned eligibility. Notwith-
56 standing any other provision of law, an [inmate] incarcerated individual
S. 3332 131
1 who is serving a sentence with a minimum term of not more than eight
2 years and who has been issued a certificate of earned eligibility, shall
3 be granted parole release at the expiration of his or her minimum term
4 or as authorized by subdivision four of section eight hundred sixty-sev-
5 en of this chapter unless the board of parole determines that there is a
6 reasonable probability that, if such [inmate] incarcerated individual is
7 released, he or she will not live and remain at liberty without violat-
8 ing the law and that his or her release is not compatible with the
9 welfare of society. Any action by the commissioner pursuant to this
10 section shall be deemed a judicial function and shall not be reviewable
11 if done in accordance with law.
12 § 226-a. Section 805 of the correction law, as amended by chapter 262
13 of the laws of 1987, is amended to read as follows:
14 § 805. Earned eligibility program. Persons committed to the custody of
15 the department under an indeterminate sentence of imprisonment shall be
16 assigned a work and treatment program as soon as practicable. No earlier
17 than two months prior to the expiration of an [inmate's] incarcerated
18 individual's minimum period of imprisonment, the commissioner shall
19 review the [inmate's] incarcerated individual's institutional record to
20 determine whether he or she has complied with the assigned program. If
21 the commissioner determines that the [inmate] incarcerated individual
22 has successfully participated in the program he or she may issue the
23 [inmate] incarcerated individual a certificate of earned eligibility.
24 Notwithstanding any other provision of law, an [inmate] incarcerated
25 individual who is serving a sentence with a minimum term of not more
26 than six years and who has been issued a certificate of earned eligibil-
27 ity, shall be granted parole release at the expiration of his or her
28 minimum term or as authorized by subdivision four of section eight
29 hundred sixty-seven unless the board of parole determines that there is
30 a reasonable probability that, if such [inmate] incarcerated individual
31 is released, he or she will not live and remain at liberty without
32 violating the law and that his or her release is not compatible with the
33 welfare of society. Any action by the commissioner pursuant to this
34 section shall be deemed a judicial function and shall not be reviewable
35 if done in accordance with law.
36 § 227. Section 806 of the correction law, as added by section 5 of
37 part E of chapter 62 of the laws of 2003, subdivision 3 as amended by
38 section 40 of subpart B of part C of chapter 62 of the laws of 2011 and
39 subdivision 6 as amended by chapter 45 of the laws of 2012, is amended
40 to read as follows:
41 § 806. Presumptive release program for nonviolent [inmates] incarcer-
42 ated individuals. 1. Notwithstanding any other provision of law to the
43 contrary and except as provided in subdivision two of this section, an
44 [inmate] incarcerated individual who has been awarded a certificate of
45 earned eligibility by the commissioner as set forth in section eight
46 hundred five of this article may be entitled to presumptive release at
47 the expiration of the minimum or aggregate minimum period of his or her
48 indeterminate term of imprisonment, provided that:
49 (i) the [inmate] incarcerated individual has not been convicted previ-
50 ously of, nor is presently serving a sentence imposed for a class A-I
51 felony, a violent felony offense as defined in section 70.02 of the
52 penal law, manslaughter in the second degree, vehicular manslaughter in
53 the second degree, vehicular manslaughter in the first degree, criminal-
54 ly negligent homicide, an offense defined in article one hundred thirty
55 of the penal law, incest, or an offense defined in article two hundred
56 sixty-three of the penal law,
S. 3332 132
1 (ii) the [inmate] incarcerated individual has not committed any seri-
2 ous disciplinary infraction, and
3 (iii) there has been no judicial determination that the person while
4 an [inmate] incarcerated individual commenced or continued a civil
5 action, proceeding or claim that was found to be frivolous as defined in
6 subdivision (c) of section eight thousand three hundred three-a of the
7 civil practice law and rules, or an order has not been issued by a
8 federal court pursuant to rule 11 of the federal rules of civil proce-
9 dure imposing sanctions in an action commenced by the [inmate] incarcer-
10 ated individual against a state agency, officer or employee.
11 2. In the case of an [inmate] incarcerated individual who meets the
12 criteria set forth in subdivision one of this section and who also meets
13 the criteria for merit time as provided for in paragraph (d) of subdivi-
14 sion one of section eight hundred three of this article, such [inmate]
15 incarcerated individual may be entitled to presumptive release, as
16 provided in this section, at the expiration of five-sixths of the mini-
17 mum or aggregate minimum period of his or her indeterminate term of
18 imprisonment.
19 3. Any [inmate] incarcerated individual eligible for presumptive
20 release pursuant to this section shall be required to apply for such
21 release pursuant to section two hundred six of this chapter.
22 4. The commissioner shall promulgate rules and regulations for the
23 granting, withholding, cancellation and recission of presumptive release
24 authorized by this section in accordance with law.
25 5. No person shall have the right to demand or require presumptive
26 release authorized by this section. The commissioner may revoke at any
27 time an [inmate's] incarcerated individual's scheduled presumptive
28 release pursuant to this section for any disciplinary infraction commit-
29 ted by the [inmate] incarcerated individual or for any failure to
30 continue to participate successfully in any assigned work and treatment
31 program after the certificate of earned eligibility has been awarded.
32 The commissioner may deny presumptive release to any [inmate] incarcer-
33 ated individual whenever the commissioner determines that such release
34 may not be consistent with the safety of the community or the welfare of
35 the [inmate] incarcerated individual. Any action by the commissioner
36 pursuant to this section shall be deemed a judicial function and shall
37 not be reviewable if done in accordance with law.
38 6. Any eligible [inmate] incarcerated individual who is not released
39 pursuant to subdivision one or two of this section shall be considered
40 for discretionary release on parole pursuant to the provisions of
41 section eight hundred five of this article or section two hundred
42 fifty-nine-i of the executive law, whichever is applicable.
43 7. Any reference to parole and conditional release in this chapter
44 shall also be deemed to include presumptive release.
45 § 228. Subdivision 2 of section 851 of the correction law, as amended
46 by chapter 60 of the laws of 1994, the opening paragraph as amended by
47 chapter 320 of the laws of 2006 and the closing paragraph as amended by
48 section 42 of subpart B of part C of chapter 62 of the laws of 2011, is
49 amended to read as follows:
50 2. "Eligible [inmate] incarcerated individual" means: a person
51 confined in an institution who is eligible for release on parole or who
52 will become eligible for release on parole or conditional release within
53 two years. Provided, however, that a person under sentence for an
54 offense defined in paragraphs (a) and (b) of subdivision one of section
55 70.02 of the penal law, where such offense involved the use or threat-
56 ened use of a deadly weapon or dangerous instrument shall not be eligi-
S. 3332 133
1 ble to participate in a work release program until he or she is eligible
2 for release on parole or who will be eligible for release on parole or
3 conditional release within eighteen months. Provided, further, however,
4 that a person under a determinate sentence as a second felony drug
5 offender for a class B felony offense defined in article two hundred
6 twenty of the penal law, who was sentenced pursuant to section 70.70 of
7 such law, shall not be eligible to participate in a temporary release
8 program until the time served under imprisonment for his or her determi-
9 nate sentence, including any jail time credited pursuant to the
10 provisions of article seventy of the penal law, shall be at least eigh-
11 teen months. In the case of a person serving an indeterminate sentence
12 of imprisonment imposed pursuant to the penal law in effect after
13 September one, nineteen hundred sixty-seven, for the purposes of this
14 article parole eligibility shall be upon the expiration of the minimum
15 period of imprisonment fixed by the court or where the court has not
16 fixed any period, after service of the minimum period fixed by the state
17 board of parole. If an [inmate] incarcerated individual is denied
18 release on parole, such [inmate] incarcerated individual shall not be
19 deemed an eligible [inmate] incarcerated individual until he or she is
20 within two years of his or her next scheduled appearance before the
21 state parole board. In any case where an [inmate] incarcerated individ-
22 ual is denied release on parole while participating in a temporary
23 release program, the department shall review the status of the [inmate]
24 incarcerated individual to determine if continued placement in the
25 program is appropriate. No person convicted of any escape or absconding
26 offense defined in article two hundred five of the penal law shall be
27 eligible for temporary release. Further, no person under sentence for
28 aggravated harassment of an employee by an [inmate] incarcerated indi-
29 vidual as defined in section 240.32 of the penal law for, any homicide
30 offense defined in article one hundred twenty-five of the penal law, for
31 any sex offense defined in article one hundred thirty of the penal law,
32 or for an offense defined in section 255.25, 255.26 or 255.27 of the
33 penal law shall be eligible to participate in a work release program as
34 defined in subdivision three of this section. Nor shall any person under
35 sentence for any sex offense defined in article one hundred thirty of
36 the penal law be eligible to participate in a community services program
37 as defined in subdivision five of this section. Notwithstanding the
38 foregoing, no person who is an otherwise eligible [inmate] incarcerated
39 individual who is under sentence for a crime involving: (a) infliction
40 of serious physical injury upon another as defined in the penal law or
41 (b) any other offense involving the use or threatened use of a deadly
42 weapon may participate in a temporary release program without the writ-
43 ten approval of the commissioner. The commissioner shall promulgate
44 regulations giving direction to the temporary release committee at each
45 institution in order to aid such committees in carrying out this
46 mandate.
47 The governor, by executive order, may exclude or limit the partic-
48 ipation of any class of otherwise eligible [inmates] incarcerated indi-
49 viduals from participation in a temporary release program. Nothing in
50 this paragraph shall be construed to affect either the validity of any
51 executive order previously issued limiting the participation of other-
52 wise eligible [inmates] incarcerated individuals in such program or the
53 authority of the commissioner to impose appropriate regulations limiting
54 such participation.
55 § 228-a. Subdivisions 2-a, 3, 4, 5, 6, 7, 8 and 10 of section 851 of
56 the correction law, subdivision 2-a as added by chapter 251 of the laws
S. 3332 134
1 of 2002, subdivision 3 as amended by chapter 60 of the laws of 1994,
2 subdivisions 4, 5, 6, 7, 8 and 10 as amended by chapter 691 of the laws
3 of 1977 and paragraph (a) of subdivision 6 as amended by chapter 107 of
4 the laws of 1983, are amended to read as follows:
5 2-a. Notwithstanding subdivision two of this section, the term "eligi-
6 ble [inmate] incarcerated individual" shall also include a person
7 confined in an institution who is eligible for release on parole or who
8 will become eligible for release on parole or conditional release within
9 two years, and who was convicted of a homicide offense as defined in
10 article one hundred twenty-five of the penal law or an assault offense
11 defined in article one hundred twenty of the penal law, and who can
12 demonstrate to the commissioner that: (a) the victim of such homicide or
13 assault was a member of the [inmate's] incarcerated individual's immedi-
14 ate family as that term is defined in section 120.40 of the penal law or
15 had a child in common with the [inmate] incarcerated individual; (b) the
16 [inmate] incarcerated individual was subjected to substantial physical,
17 sexual or psychological abuse committed by the victim of such homicide
18 or assault; and (c) such abuse was a substantial factor in causing the
19 [inmate] incarcerated individual to commit such homicide or assault.
20 With respect to an [inmate's] incarcerated individual's claim that he or
21 she was subjected to substantial physical, sexual or psychological abuse
22 committed by the victim, such demonstration shall include corroborative
23 material that may include, but is not limited to, witness statements,
24 social services records, hospital records, law enforcement records and a
25 showing based in part on documentation prepared at or near the time of
26 the commission of the offense or the prosecution thereof tending to
27 support the [inmate's] incarcerated individual's claim. Prior to making
28 a determination under this subdivision, the commissioner is required to
29 request and take into consideration the opinion of the district attorney
30 who prosecuted the underlying homicide or assault offense and the opin-
31 ion of the sentencing court. If such opinions are received within
32 forty-five days of the request, the commissioner shall take them into
33 consideration. If such opinions are not so received, the commissioner
34 may proceed with the determination. Any action by the commissioner
35 pursuant to this subdivision shall be deemed a judicial function and
36 shall not be reviewable in any court.
37 3. "Work release program" means a program under which eligible
38 [inmates] incarcerated individuals may be granted the privilege of leav-
39 ing the premises of an institution for a period not exceeding fourteen
40 hours in any day for the purpose of on-the-job training or employment,
41 or for any matter necessary to the furtherance of any such purposes. No
42 person shall be released into a work release program unless prior to
43 release such person has a reasonable assurance of a job training program
44 or employment. If after release, such person ceases to be employed or
45 ceases to participate in the training program, the [inmate's] incarcer-
46 ated individual's privilege to participate in such work release program
47 may be revoked in accordance with rules and regulations promulgated by
48 the commissioner.
49 4. "Furlough program" means a program under which eligible [inmates]
50 incarcerated individuals may be granted the privilege of leaving the
51 premises of an institution for a period not exceeding seven days for the
52 purpose of seeking employment, maintaining family ties, solving family
53 problems, seeking post-release housing, attending a short-term educa-
54 tional or vocational training course, or for any matter necessary to the
55 furtherance of any such purposes.
S. 3332 135
1 5. "Community services program" means a program under which eligible
2 [inmates] incarcerated individuals may be granted the privilege of leav-
3 ing the premises of an institution for a period not exceeding fourteen
4 hours in any day for the purpose of participation in religious services,
5 volunteer work, or athletic events, or for any matter necessary to the
6 furtherance of any such purposes.
7 6. "Leave of absence" means a privilege granted to an [inmate] incar-
8 cerated individual, who need not be an "eligible [inmate] incarcerated
9 individual," to leave the premises of an institution for the period of
10 time necessary:
11 (a) to visit his or her spouse, child, brother, sister, grandchild,
12 parent, grandparent or ancestral aunt or uncle during his or her last
13 illness if death appears to be imminent;
14 (b) to attend the funeral of such individual;
15 (c) to undergo surgery or to receive medical or dental treatment not
16 available in the correctional institution only if deemed absolutely
17 necessary to the health and well-being of the [inmate] incarcerated
18 individual and whose approval is granted by the commissioner or his or
19 her designated representative.
20 7. "Educational leave" means a privilege granted to an eligible
21 [inmate] incarcerated individual to leave the premises of an institution
22 for a period not exceeding fourteen hours in any day for the purpose of
23 education or vocational training, or for any matter necessary to the
24 furtherance of any such purposes.
25 8. "Industrial training leave" means a privilege granted to an eligi-
26 ble [inmate] incarcerated individual to leave the premises of an insti-
27 tution for a period not exceeding fourteen hours in any day for the
28 purpose of participating in an industrial training program, or for any
29 matter necessary to the furtherance of any such purpose.
30 10. "Extended bounds of confinement" means the area in which an
31 [inmate] incarcerated individual participating in a temporary release
32 program may travel, the routes he or she is permitted to use, the places
33 he or she is authorized to visit, and the hours, days, or specially
34 defined period during which he or she is permitted to be absent from the
35 premises of the institution.
36 § 228-b. Subdivision 2 of section 851 of the correction law, as
37 amended by chapter 447 of the laws of 1991, the opening paragraph as
38 amended by chapter 252 of the laws of 2005 and the closing paragraph as
39 amended by section 43 of subpart B of part C of chapter 62 of the laws
40 of 2011, is amended to read as follows:
41 2. "Eligible [inmate] incarcerated individual" means: a person
42 confined in an institution who is eligible for release on parole or who
43 will become eligible for release on parole or conditional release within
44 two years. Provided, that a person under a determinate sentence as a
45 second felony drug offender for a class B felony offense defined in
46 article two hundred twenty of the penal law, who was sentenced pursuant
47 to section 70.70 of such law, shall not be eligible to participate in a
48 temporary release program until the time served under imprisonment for
49 his or her determinate sentence, including any jail time credited pursu-
50 ant to the provisions of article seventy of the penal law, shall be at
51 least eighteen months. In the case of a person serving an indeterminate
52 sentence of imprisonment imposed pursuant to the penal law in effect
53 after September one, nineteen hundred sixty-seven, for the purposes of
54 this article parole eligibility shall be upon the expiration of the
55 minimum period of imprisonment fixed by the court or where the court has
56 not fixed any period, after service of the minimum period fixed by the
S. 3332 136
1 state board of parole. If an [inmate] incarcerated individual is denied
2 release on parole, such [inmate] incarcerated individual shall not be
3 deemed an eligible [inmate] incarcerated individual until he or she is
4 within two years of his or her next scheduled appearance before the
5 state parole board. In any case where an [inmate] incarcerated individ-
6 ual is denied release on parole while participating in a temporary
7 release program, the department shall review the status of the [inmate]
8 incarcerated individual to determine if continued placement in the
9 program is appropriate. No person convicted of any escape or absconding
10 offense defined in article two hundred five of the penal law shall be
11 eligible for temporary release. Nor shall any person under sentence for
12 any sex offense defined in article one hundred thirty of the penal law
13 be eligible to participate in a community services program as defined in
14 subdivision five of this section. Notwithstanding the foregoing, no
15 person who is an otherwise eligible [inmate] incarcerated individual who
16 is under sentence for a crime involving: (a) infliction of serious phys-
17 ical injury upon another as defined in the penal law, (b) a sex offense
18 involving forcible compulsion, or (c) any other offense involving the
19 use or threatened use of a deadly weapon may participate in a temporary
20 release program without the written approval of the commissioner. The
21 commissioner shall promulgate regulations giving direction to the tempo-
22 rary release committee at each institution in order to aid such commit-
23 tees in carrying out this mandate.
24 The governor, by executive order, may exclude or limit the partic-
25 ipation of any class of otherwise eligible [inmates] incarcerated indi-
26 viduals from participation in a temporary release program. Nothing in
27 this paragraph shall be construed to affect either the validity of any
28 executive order previously issued limiting the participation of other-
29 wise eligible [inmates] incarcerated individuals in such program or the
30 authority of the commissioner to impose appropriate regulations limiting
31 such participation.
32 § 228-c. Subdivisions 3, 4, 5, 6, 7, 8 and 10 of section 851 of the
33 correction law, subdivision 3 as added by chapter 60 of the laws of
34 1994, subdivisions 4, 5, 6, 7, 8 and 10 as amended by chapter 691 of the
35 laws of 1977 and paragraph (a) of subdivision 6 as amended by chapter
36 107 of the laws of 1983, are amended to read as follows:
37 3. "Work release program" means a program under which eligible
38 [inmates] incarcerated individuals may be granted the privilege of leav-
39 ing the premises of an institution for a period not exceeding fourteen
40 hours in any day for the purpose of on-the-job training or employment,
41 or for any matter necessary to the furtherance of any such purposes. No
42 person shall be released into a work release program unless prior to
43 release such person has a reasonable assurance of a job training program
44 or employment. If after release, such person ceases to be employed or
45 ceases to participate in the training program, the [inmate's] incarcer-
46 ated individual's privilege to participate in such work release program
47 may be revoked in accordance with rules and regulations promulgated by
48 the commissioner.
49 4. "Furlough program" means a program under which eligible [inmates]
50 incarcerated individuals may be granted the privilege of leaving the
51 premises of an institution for a period not exceeding seven days for the
52 purpose of seeking employment, maintaining family ties, solving family
53 problems, seeking post-release housing, attending a short-term educa-
54 tional or vocational training course, or for any matter necessary to the
55 furtherance of any such purposes.
S. 3332 137
1 5. "Community services program" means a program under which eligible
2 [inmates] incarcerated individuals may be granted the privilege of leav-
3 ing the premises of an institution for a period not exceeding fourteen
4 hours in any day for the purpose of participation in religious services,
5 volunteer work, or athletic events, or for any matter necessary to the
6 furtherance of any such purposes.
7 6. "Leave of absence" means a privilege granted to an [inmate] incar-
8 cerated individual, who need not be an "eligible [inmate] incarcerated
9 individual," to leave the premises of an institution for the period of
10 time necessary:
11 (a) to visit his or her spouse, child, brother, sister, grandchild,
12 parent, grandparent or ancestral aunt or uncle during his or her last
13 illness if death appears to be imminent;
14 (b) to attend the funeral of such individual;
15 (c) to undergo surgery or to receive medical or dental treatment not
16 available in the correctional institution only if deemed absolutely
17 necessary to the health and well-being of the [inmate] incarcerated
18 individual and whose approval is granted by the commissioner or his or
19 her designated representative.
20 7. "Educational leave" means a privilege granted to an eligible
21 [inmate] incarcerated individual to leave the premises of an institution
22 for a period not exceeding fourteen hours in any day for the purpose of
23 education or vocational training, or for any matter necessary to the
24 furtherance of any such purposes.
25 8. "Industrial training leave" means a privilege granted to an eligi-
26 ble [inmate] incarcerated individual to leave the premises of an insti-
27 tution for a period not exceeding fourteen hours in any day for the
28 purpose of participating in an industrial training program, or for any
29 matter necessary to the furtherance of any such purpose.
30 10. "Extended bounds of confinement" means the area in which an
31 [inmate] incarcerated individual participating in a temporary release
32 program may travel, the routes he or she is permitted to use, the places
33 he or she is authorized to visit, and the hours, days, or specially
34 defined period during which he or she is permitted to be absent from the
35 premises of the institution.
36 § 228-d. Subdivisions 2, 3 and 4 of section 851 of the correction law,
37 as added by chapter 472 of the laws of 1969, are amended to read as
38 follows:
39 2. "Eligible [inmate] incarcerated individual" means a person confined
40 in an institution where a work release program has been established who
41 is eligible for release on parole or who will become eligible for
42 release on parole within one year.
43 3. "Work release program" means a program under which eligible
44 [inmates] incarcerated individual may be granted the privilege of leav-
45 ing the premises of an institution for the purpose of education, on-the-
46 job training or employment.
47 4. "Extended bounds of confinement" means the area in which an
48 [inmate] incarcerated individual participating in a work release program
49 may travel, the routes he or she is permitted to use, the places he or
50 she is authorized to visit, and the hours, not exceeding fourteen hours
51 in any day, he or she is permitted to be absent from the premises of the
52 institution.
53 § 229. Subdivisions 1, 3, 4 and 5 of section 852 of the correction
54 law, subdivisions 1, 3 and 4 as amended by chapter 691 of the laws of
55 1977 and subdivision 5 as amended by section 44 of subpart B of part C
56 of chapter 62 of the laws of 2011, are amended to read as follows:
S. 3332 138
1 1. The commissioner, guided by consideration for the safety of the
2 community and the welfare of the [inmate] incarcerated individual, shall
3 review and evaluate all existing rules, regulations and directives
4 relating to current temporary release programs and consistent with the
5 provisions of this article for the administration of temporary release
6 programs shall by January first, nineteen hundred seventy-eight promul-
7 gate new rules and regulations for the various forms of temporary
8 release. Such rules and regulations shall reflect the purposes of the
9 different programs and shall include but not be limited to selection
10 criteria, supervision and procedures for the disposition of each appli-
11 cation.
12 3. Work release programs may be established only at institutions clas-
13 sified by the commissioner as work release facilities. Educational
14 release programs may be established only at those educational insti-
15 tutions which shall maintain attendance records for participating
16 [inmates] incarcerated individuals.
17 4. The commissioner shall designate in the rules and regulations of
18 the department appropriate employees or an appropriate unit of the
19 department to be responsible for (a) securing education, on-the-job
20 training and employment opportunities for [inmates] incarcerated indi-
21 viduals who are eligible to participate in a work release program, and
22 (b) assisting such [inmates] incarcerated individuals in such other
23 manner as necessary or desirable to assure the success of the program.
24 5. All [inmates] incarcerated individuals participating in temporary
25 release programs shall be assigned to parole officers for supervision.
26 As part of the parole officer's supervisory functions he or she shall be
27 required to provide reports every two months on each [inmate] incarcer-
28 ated individual under his or her supervision. Such reports shall
29 include but not be limited to:
30 (a) an evaluation of the individual's participation in such program;
31 (b) a statement of any problems and the manner in which such problems
32 were resolved relative to an individual's participation in such
33 programs; and
34 (c) a recommendation with respect to the individual's continued
35 participation in the program.
36 § 229-a. Subdivision 2 of section 852 of the correction law, as
37 amended by section 45 of subpart B of part C of chapter 62 of the laws
38 of 2011, is amended to read as follows:
39 2. The department shall be responsible for securing appropriate educa-
40 tion, on-the-job training and employment opportunities for eligible
41 [inmates] incarcerated individuals and shall supervise [inmates] incar-
42 cerated individuals during their participation in work release programs
43 outside the premises of institutions.
44 § 230. Subdivisions (a), (b), (e) and (f) of section 853 of the
45 correction law, as amended by chapter 757 of the laws of 1981, are
46 amended to read as follows:
47 (a) number of [inmate] incarcerated individual participants in each
48 temporary release program;
49 (b) number of [inmates] incarcerated individuals participating in
50 temporary release for whom written approval of the commissioner was
51 required pursuant to subdivision two of section eight hundred fifty-one
52 of this chapter;
53 (e) number of [inmates] incarcerated individuals arrested;
54 (f) [inmates] incarcerated individuals involuntarily returned for
55 violations by institution;
S. 3332 139
1 § 231. Section 855 of the correction law, as amended by chapter 691 of
2 the laws of 1977, subdivision 6 as amended by section 47 of subpart B of
3 part C of chapter 62 of the laws of 2011, is amended to read as follows:
4 § 855. Procedure for temporary release of [inmates] incarcerated indi-
5 viduals. 1. A person confined in an institution designated for the
6 conduct of work release programs who is an eligible [inmate] incarcerat-
7 ed individual, may make application to the temporary release committee
8 of the institution for permission to participate in a work release
9 program.
10 2. Any eligible [inmate] incarcerated individual may make application
11 to the temporary release committee for participation in a furlough
12 program or community services program, or for an industrial training
13 leave or educational leave.
14 3. Any [inmate] incarcerated individual may make application to the
15 temporary release committee for a leave of absence provided, however,
16 that in exigent circumstances such application may be made directly to
17 the superintendent of the institution and the superintendent may exer-
18 cise all of the powers of the temporary release committee subject,
19 however, to any limitation or requirement set forth in the rules and
20 regulations of the department and subject further to the discretion of
21 the commissioner. All leave of absences provided in exigent circum-
22 stances shall state the reasons for approval or disapproval of the
23 application and shall be included in the [inmate's] incarcerated indi-
24 vidual's institutional parole file.
25 4. If the temporary release committee determines that a temporary
26 release program for the applicant is consistent with the safety of the
27 community and the welfare of the applicant, and is consistent with rules
28 and regulations of the department, the committee, with the assistance of
29 the employees or unit designated by the commissioner pursuant to subdi-
30 vision four of section eight hundred fifty-two of this article, shall
31 develop a suitable program of temporary release for the applicant.
32 Consistent with these provisions, any educational leave program shall
33 consider the scheduling of classes to insure a reduction of release time
34 not spent in educational pursuits.
35 5. The committee shall then prepare a memorandum setting forth the
36 details of the temporary release program including the extended bounds
37 of confinement and any other matter required by rules or regulations of
38 the department. Such memorandum shall be transmitted to the superinten-
39 dent who may approve or reject the program, subject to rules and regu-
40 lations promulgated by the commissioner. If the superintendent approves
41 the program, he or she shall indicate such approval in writing by sign-
42 ing the memorandum. If the superintendent rejects the program, he or she
43 shall state his or her reasons in writing and a copy of his or her
44 statement shall be given to the [inmate] incarcerated individual and to
45 the commissioner and such decision shall be reviewed by the commission-
46 er. If the commissioner rejects the program, he or she shall state his
47 or her reasons in writing. A copy of such statement shall be filed in
48 the [inmate's] incarcerated individual's institutional file.
49 6. In order for an applicant to accept a program of temporary release,
50 such [inmate] incarcerated individual shall agree to be bound by all the
51 terms and conditions thereof and shall indicate such agreement by sign-
52 ing the memorandum of the program immediately below a statement reading
53 as follows: "I accept the foregoing program and agree to be bound by the
54 terms and conditions thereof. I understand that I will be under the
55 supervision of the state department of corrections and community super-
56 vision while I am away from the premises of the institution and I agree
S. 3332 140
1 to comply with the instructions of any parole officer or other employee
2 of the department assigned to supervise me. I understand that my partic-
3 ipation in the program is a privilege which may be revoked at any time,
4 and that if I violate any provision of the program I may be taken into
5 custody by any peace officer or police officer and I will be subject to
6 disciplinary procedures. I further understand that if I intentionally
7 fail to return to the institution at or before the time specified in the
8 memorandum I may be found guilty of a felony." Such agreement shall be
9 placed on file at the institution from which such temporary release is
10 granted.
11 7. After approving the program of temporary release, the superinten-
12 dent may then permit an [inmate] incarcerated individual who has
13 accepted such program to go outside the premises of the institution
14 within the limits of the extended bounds of confinement described in the
15 memorandum; provided, however, that no such permission shall become
16 effective in the case of a work release or furlough program prior to the
17 time at which the person to be released becomes an eligible [inmate]
18 incarcerated individual.
19 8. At least three days before releasing an [inmate] incarcerated indi-
20 vidual on a temporary release program, the superintendent shall notify
21 in writing the sheriff or chief of police of the community into which
22 the [inmate] incarcerated individual is to be released.
23 9. Participation in a temporary release program shall be a privilege.
24 Nothing contained in this article may be construed to confer upon any
25 [inmate] incarcerated individual the right to participate, or to contin-
26 ue to participate, in a temporary release program. The superintendent of
27 the institution may at any time, and upon recommendation of the tempo-
28 rary release committee or of the commissioner or of the chairman of the
29 state board of parole or his or her designee shall, revoke any
30 [inmate's] incarcerated individual's privilege to participate in a
31 program of temporary release in accordance with regulations promulgated
32 by the commissioner.
33 § 231-a. The section heading, subdivisions 1, 5 and 6 of section 853
34 of the correction law, as added by chapter 472 of the laws of 1969, are
35 amended to read as follows:
36 Procedure for release of eligible [inmates] incarcerated individuals.
37 1. A person confined in an institution designated for the conduct of
38 work release programs who is, or who within ninety days will become, an
39 eligible [inmate] incarcerated individual, may make application to the
40 work release committee of the institution for permission to participate
41 in a work release program.
42 5. After approving the program of work release, the warden may then
43 permit an eligible [inmate] incarcerated individual who has accepted
44 such program to go outside the premises of the institution within the
45 limits of the extended bounds of confinement described in the memoran-
46 dum.
47 6. Participation in a work release program shall be a privilege. Noth-
48 ing contained in this article may be construed to confer upon any
49 [inmate] incarcerated individual the right to participate, or to contin-
50 ue to participate, in a work release program. The warden of the institu-
51 tion may at any time, and upon recommendation of the work release
52 committee or of the chairman of the state board of parole or his or her
53 designee shall, revoke any [inmate's] incarcerated individual's privi-
54 lege to participate in a program of work release.
S. 3332 141
1 § 232. Section 856 of the correction law, as amended by chapter 691 of
2 the laws of 1977, subdivisions 1 and 4 as amended by chapter 843 of the
3 laws of 1980, is amended to read as follows:
4 § 856. Conduct of [inmates] incarcerated individuals participating in
5 a temporary release program. 1. An [inmate] incarcerated individual who
6 is permitted to leave the premises of an institution to participate in a
7 temporary release program shall have on his or her person a card identi-
8 fying him or her as a participant in a temporary release program as
9 signed by the superintendent of the institution at all times while
10 outside the premises of the institution and shall exhibit such card to
11 any peace officer or police officer upon request of such officer. The
12 commissioner may, by regulation, require such information, including
13 effective dates, to be included in such card as he or she shall deem
14 necessary and proper.
15 2. If the [inmate] incarcerated individual violates any provision of
16 the program, or any rule or regulation promulgated by the commissioner
17 for conduct of [inmates] incarcerated individuals participating in
18 temporary release programs, such [inmate] incarcerated individual shall
19 be subject to disciplinary measures to the same extent as if he or she
20 violated a rule or regulation of the commissioner for conduct of
21 [inmates] incarcerated individuals within the premises of the institu-
22 tion. The failure of an [inmate] incarcerated individual to voluntarily
23 return to the institution of his or her confinement more than ten hours
24 after his or her prescribed time of return shall create a rebuttable
25 presumption that the failure to return was intentional. Any [inmate]
26 incarcerated individual who is found to have intentionally failed to
27 return pursuant to this subdivision shall be an absconder in violation
28 of his or her temporary release program and will not be an eligible
29 [inmate] incarcerated individual as defined in subdivision two of
30 section eight hundred fifty-one of this chapter. The creation of such
31 rebuttable presumption shall not be admissible in any court of law as
32 evidence of the commission of any crime defined in the penal law. A full
33 report of any such violation, a summary of the facts and findings of the
34 disciplinary hearing and disciplinary measures taken, shall be made
35 available to the board for the [inmate's] incarcerated individual's next
36 scheduled appearance before the state board of parole including any
37 defense or explanation offered by the [inmate] incarcerated individual
38 in response at such hearing.
39 3. The provisions of this chapter relating to good behavior allowances
40 shall apply to behavior of [inmates] incarcerated individuals while
41 participating in temporary release programs outside the premises of
42 institutions, and such allowances may be granted, withheld, forfeited or
43 cancelled in whole or in part for behavior outside the premises of an
44 institution to the same extent and in the same manner as is provided for
45 behavior of [inmates] incarcerated individuals within the premises of
46 institutions.
47 4. An [inmate] incarcerated individual who is in violation of the
48 provisions of his or her temporary release program may be taken into
49 custody by any peace officer or police officer and, in such event, the
50 [inmate] incarcerated individual shall be returned forthwith to either
51 the institution that released him or her, or to the nearest secure
52 facility where greater security is indicated. In any case where the
53 institution is in a county other than the one in which the [inmate]
54 incarcerated individual is apprehended, the officer may deliver the
55 [inmate] incarcerated individual to the nearest institution, jail or
56 lockup and it shall be the duty of the person in charge of said facility
S. 3332 142
1 to hold such [inmate] incarcerated individual securely until such time
2 as he or she is delivered into the custody of an officer of the institu-
3 tion from which he or she was released. Upon delivering the [inmate]
4 incarcerated individual to an institution, jail or lockup, other than
5 the one from which the [inmate] incarcerated individual was released,
6 the officer who apprehended the [inmate] incarcerated individual shall
7 forthwith notify the superintendent of the institution from which the
8 [inmate] incarcerated individual was released and it shall be the duty
9 of the superintendent to effect the expeditious return of the [inmate]
10 incarcerated individual to the institution.
11 5. Upon the conclusion or termination of a temporary release program,
12 a full report of the [inmate's] incarcerated individual's performance in
13 such program shall be prepared in accordance with regulations of the
14 commissioner. Such report shall include but not be limited to: adjust-
15 ment to release, supervision contacts, statement of any violations of
16 the terms and conditions of release and of any disciplinary actions
17 taken, and an assessment of the [inmate's] incarcerated individual's
18 suitability for parole. Such report shall be made available to the state
19 board of parole for the [inmate's] incarcerated individual's next sched-
20 uled appearance before such board.
21 § 232-a. Section 854 of the correction law, as added by chapter 472 of
22 the laws of 1969, subdivision 2 as amended by section 46 of subpart B of
23 part C of section 62 of the laws of 2011, is amended to read as follows:
24 § 854. Conduct of [inmates] incarcerated individuals participating in
25 work release program. 1. An [inmate] incarcerated individual who is
26 permitted to leave the premises of an institution to participate in a
27 program of work release shall have on his or her person a copy of the
28 memorandum of that program as signed by the warden of the institution at
29 all times while outside the premises of the institution and shall exhib-
30 it such copy to any peace officer upon request of the officer.
31 2. If the [inmate] incarcerated individual violates any provision of
32 the program, or any rule or regulation promulgated by the commissioner
33 of corrections and community supervision for conduct of [inmates] incar-
34 cerated individuals participating in work release programs, he or she
35 shall be subject to disciplinary measures to the same extent as if he or
36 she violated a rule or regulation of the commissioner for conduct of
37 [inmates] incarcerated individuals within the premises of the institu-
38 tion.
39 3. The provisions of this chapter relating to good behavior allowances
40 shall apply to behavior of [inmates] incarcerated individuals while
41 participating in work release programs outside the premises of insti-
42 tutions, and such allowances may be granted, withheld, forfeited or
43 cancelled in whole or in part for behavior outside the premises of an
44 institution to the same extent and in the same manner as is provided for
45 behavior of [inmates] incarcerated individuals within the premises of
46 institutions.
47 4. An [inmate] incarcerated individual who is in violation of the
48 provisions of his or her work release program may be taken into custody
49 by any peace officer and, in such event, the [inmate] incarcerated indi-
50 vidual shall be returned forthwith to the institution that released him
51 or her. In any case where the institution is in a county other than the
52 one in which the [inmate] incarcerated individual is apprehended, the
53 officer may deliver the [inmate] incarcerated individual to the nearest
54 institution, jail or lockup and it shall be the duty of the person in
55 charge of said facility to hold such [inmate] incarcerated individual
56 securely until such time as he or she is delivered into custody of an
S. 3332 143
1 officer of the institution from which he or she was released. Upon
2 delivering the [inmate] incarcerated individual to an institution, jail
3 or lockup, other than the one from which he or she was released, the
4 peace officer who apprehended the [inmate] incarcerated individual shall
5 forthwith notify the warden of the institution from which the [inmate]
6 incarcerated individual was released and it shall be the duty of the
7 warden to effect the expeditious return of the [inmate] incarcerated
8 individual to the institution.
9 § 233. Section 858 of the correction law, as added by chapter 472 of
10 the laws of 1969 and as renumbered by chapter 691 of the laws of 1977,
11 is amended to read as follows:
12 § 858. Application of labor laws. The laws of the state and its poli-
13 tical subdivisions with respect to employment conditions shall apply to
14 [inmates] incarcerated individuals participating in work release
15 programs.
16 § 234. Section 859 of the correction law, as added by chapter 472 of
17 the laws of 1969 and as renumbered by chapter 691 of the laws of 1977,
18 is amended to read as follows:
19 § 859. When employment prohibited. No employment under a work release
20 program may be approved or continued if (a) such employment results in
21 the displacement of employed workers, or is applied in skills, crafts or
22 trades in which there is a surplus of available labor in the locality,
23 or (b) the rates of pay and other conditions of employment are not at
24 least equal to those paid or provided for work of similar nature in the
25 locality in which the work is to be performed, or (c) there is any labor
26 strike or lockout in the establishment in which the [inmate] incarcerat-
27 ed individual is employed.
28 § 235. Section 860 of the correction law, as added by chapter 472 of
29 the laws of 1969 and as renumbered by chapter 691 of the laws of 1977,
30 subdivision 4 as added and subdivision 5 as renumbered by chapter 233 of
31 the laws of 1985, is amended to read as follows:
32 § 860. Disposition of earnings. The earnings of an [inmate] incarcer-
33 ated individual participating in a work release program, less any
34 payroll deductions required or authorized by law, shall be turned over
35 to the warden who shall deposit such receipts as [inmates'] incarcerated
36 individuals' funds pursuant to section one hundred sixteen of this chap-
37 ter. Such receipts shall not be subject to attachment or garnishment in
38 the hands of the warden. The commissioner of correction may authorize
39 the warden to make disbursements of such receipts, and such receipts may
40 be disbursed, for any or all of the following purposes:
41 1. Appropriate and reasonable costs related to the [inmate's] incar-
42 cerated individual's participation in the work release program;
43 2. Support of the [inmate's] incarcerated individual's dependents;
44 3. Payment of fines imposed by any court;
45 4. Payment of any court ordered restitution or reparation to the
46 victim of the [inmate's] incarcerated individual's crime.
47 5. Purchases by the [inmate] incarcerated individual from the commis-
48 sary of the institution.
49 The balance of such receipts, if any, after disbursements for the
50 foregoing purposes shall be paid to the [inmate] incarcerated individual
51 upon termination of his or her imprisonment.
52 § 236. Section 861 of the correction law, as added by chapter 472 of
53 the laws of 1969 and as renumbered by chapter 691 of the laws of 1977,
54 is amended to read as follows:
55 § 861. [Inmate] Incarcerated individual not agent of state. An
56 [inmate] incarcerated individual participating in a work release program
S. 3332 144
1 shall not, merely by reason of such participation, be deemed an agent,
2 employee or servant of the state while outside the premises of an insti-
3 tution pursuant to the terms of a work release program.
4 § 237. Subdivisions 1 and 2 of section 865 of the correction law,
5 subdivision 1 as amended by section 2 of part KK of chapter 55 of the
6 laws of 2019 and subdivision 2 as amended by section 2 of part L of
7 chapter 56 of the laws of 2009, are amended to read as follows:
8 1. "Eligible [inmate] incarcerated individual" means a person
9 sentenced to an indeterminate term of imprisonment who will become
10 eligible for release on parole within three years or sentenced to a
11 determinate term of imprisonment who will become eligible for condi-
12 tional release within three years, who has not reached the age of fifty
13 years, who has not previously been convicted of a violent felony as
14 defined in article seventy of the penal law, or a felony in any other
15 jurisdiction which includes all of the essential elements of any such
16 violent felony, upon which an indeterminate or determinate term of
17 imprisonment was imposed and who was between the ages of sixteen and
18 fifty years at the time of commission of the crime upon which his or her
19 present sentence was based. Notwithstanding the foregoing, no person who
20 is convicted of any of the following crimes shall be deemed eligible to
21 participate in this program: (a) a violent felony offense as defined in
22 article seventy of the penal law; provided, however, that a person who
23 is convicted of burglary in the second degree as defined in subdivision
24 two of section 140.25 of the penal law, or robbery in the second degree
25 as defined in subdivision one of section 160.10 of the penal law, or an
26 attempt thereof, is eligible to participate, (b) an A-I felony offense,
27 (c) any homicide offense as defined in article one hundred twenty-five
28 of the penal law, (d) any felony sex offense as defined in article one
29 hundred thirty of the penal law and (e) any escape or absconding offense
30 as defined in article two hundred five of the penal law.
31 2. "Shock incarceration program" means a program pursuant to which
32 eligible [inmates] incarcerated individuals are selected to participate
33 in the program and serve a period of six months in a shock incarceration
34 facility, which shall provide rigorous physical activity, intensive
35 regimentation and discipline and rehabilitation therapy and programming.
36 Such [inmates] incarcerated individuals may be selected either: (i) at a
37 reception center; or (ii) at a general confinement facility when the
38 otherwise eligible [inmate] incarcerated individual then becomes eligi-
39 ble for release on parole within three years in the case of an indeter-
40 minate term of imprisonment, or then becomes eligible for conditional
41 release within three years in the case of a determinate term of impri-
42 sonment.
43 § 238. Subdivisions 1 and 2 of section 866 of the correction law,
44 subdivision 1 as added by chapter 261 of the laws of 1987 and subdivi-
45 sion 2 as amended by section 3 of part L of chapter 56 of the laws of
46 2009, are amended to read as follows:
47 1. The commissioner, guided by consideration for the safety of the
48 community and the welfare of the [inmate] incarcerated individual, shall
49 promulgate rules and regulations for the shock incarceration program.
50 Such rules and regulations shall reflect the purpose of the program and
51 shall include, but not be limited to, selection criteria, [inmate]
52 incarcerated individual discipline, programming and supervision, and
53 program structure and administration.
54 2. The commissioner shall appoint or cause to be appointed a shock
55 incarceration selection committee at one or more designated correctional
56 facilities, which shall meet on a regularly scheduled basis to review
S. 3332 145
1 all eligible [inmates] incarcerated individuals transferred to such
2 facility for screening and all applications for the shock incarceration
3 program.
4 § 239. Section 867 of the correction law, as added by chapter 261 of
5 the laws of 1987, subdivision 1 as amended by chapter 55 of the laws of
6 1992, subdivision 2-a as added by section 2 of part AAA of chapter 56 of
7 the laws of 2009 and subdivision 4 as amended by chapter 738 of the laws
8 of 2004, is amended to read as follows:
9 § 867. Procedure for selection of participants in shock incarceration
10 program. 1. An eligible [inmate] incarcerated individual may make an
11 application to the shock incarceration screening committee for permis-
12 sion to participate in the shock incarceration program.
13 2. If the shock incarceration screening committee determines that an
14 [inmate's] incarcerated individual's participation in the shock incar-
15 ceration program is consistent with the safety of the community, the
16 welfare of the applicant and the rules and regulations of the depart-
17 ment, the committee shall forward the application to the commissioner or
18 his designee for approval or disapproval.
19 2-a. Subdivisions one and two of this section shall apply to a judi-
20 cially sentenced shock incarceration [inmate] incarcerated individual
21 only to the extent that the screening committee may determine whether
22 the [inmate] incarcerated individual has a medical or mental health
23 condition that will render the [inmate] incarcerated individual unable
24 to successfully complete the shock incarceration program, and the facil-
25 ity in which the [inmate] incarcerated individual will participate in
26 such program. Notwithstanding subdivision five of this section, an
27 [inmate] incarcerated individual sentenced to shock incarceration shall
28 promptly commence participation in the program when such [inmate] incar-
29 cerated individual is an eligible [inmate] incarcerated individual
30 pursuant to subdivision one of section eight hundred sixty-five of this
31 article.
32 3. Applicants cannot participate in the shock incarceration program
33 unless they agree to be bound by all the terms and conditions thereof
34 and indicate such agreement by signing the memorandum of the program
35 immediately below a statement reading as follows:
36 "I accept the foregoing program and agree to be bound by the terms and
37 conditions thereof. I understand that my participation in the program is
38 a privilege that may be revoked at any time at the sole discretion of
39 the commissioner. I understand that I must successfully complete the
40 entire program to obtain a certificate of earned eligibility upon the
41 completion of said program, and in the event that I do not successfully
42 complete said program, for any reason, I will be transferred to a
43 nonshock incarceration correctional facility to continue service of my
44 sentence."
45 4. An [inmate] incarcerated individual who has successfully completed
46 a shock incarceration program shall be eligible to receive such a
47 certificate of earned eligibility pursuant to section eight hundred five
48 of this chapter. Notwithstanding any other provision of law, an
49 [inmate] incarcerated individual sentenced to a determinate sentence of
50 imprisonment who has successfully completed a shock incarceration
51 program shall be eligible to receive such a certificate of earned eligi-
52 bility and shall be immediately eligible to be conditionally released.
53 5. Participation in the shock incarceration program shall be a privi-
54 lege. Nothing contained in this article may be construed to confer upon
55 any [inmate] incarcerated individual the right to participate or contin-
56 ue to participate therein.
S. 3332 146
1 § 240. Paragraph (h) of subdivision 5 of section 220.10 of the crimi-
2 nal procedure law, as added by chapter 92 of the laws of 1996, is
3 amended to read as follows:
4 (h) Where the indictment charges the class E felony offense of aggra-
5 vated harassment of an employee by an [inmate] incarcerated individual
6 as defined in section 240.32 of the penal law, then a plea of guilty
7 must include at least a plea of guilty to a class E felony.
8 § 241. The closing paragraph of subdivision 5 of section 420.10 of the
9 criminal procedure law, as separately amended by chapters 233 and 506 of
10 the laws of 1985, is amended to read as follows:
11 For the purposes of this subdivision, the court shall not determine
12 that the defendant is unable to pay the fine, restitution or reparation
13 ordered solely because of such defendant's incarceration but shall
14 consider all the defendant's sources of income including, but not limit-
15 ed to, moneys in the possession of an [inmate] incarcerated individual
16 at the time of his or her admission into such facility, funds earned by
17 him or her in a work release program as defined in subdivision four of
18 section one hundred fifty of the correction law, funds earned by him or
19 her as provided for in section one hundred eighty-seven of the
20 correction law and any other funds received by him or her or on his or
21 her behalf and deposited with the superintendent or the municipal offi-
22 cial of the facility where the person is confined.
23 § 242. Subdivision 1 of section 440.50 of the criminal procedure law,
24 as amended by chapter 193 of the laws of 2017, is amended to read as
25 follows:
26 1. Upon the request of a victim of a crime, or in any event in all
27 cases in which the final disposition includes a conviction of a violent
28 felony offense as defined in section 70.02 of the penal law, a felony
29 defined in article one hundred twenty-five of such law, or a felony
30 defined in article one hundred thirty of such law, the district attorney
31 shall, within sixty days of the final disposition of the case, inform
32 the victim by letter of such final disposition. If such final disposi-
33 tion results in the commitment of the defendant to the custody of the
34 department of corrections and community supervision for an indeterminate
35 sentence, the notice provided to the crime victim shall also inform the
36 victim of his or her right to submit a written, audiotaped, or vide-
37 otaped victim impact statement to the department of corrections and
38 community supervision or to meet personally with a member of the state
39 board of parole at a time and place separate from the personal interview
40 between a member or members of the board and the [inmate] incarcerated
41 individual and make such a statement, subject to procedures and limita-
42 tions contained in rules of the board, both pursuant to subdivision two
43 of section two hundred fifty-nine-i of the executive law. A copy of such
44 letter shall be provided to the board of parole. The right of the victim
45 under this subdivision to submit a written victim impact statement or to
46 meet personally with a member of the state board of parole applies to
47 each personal interview between a member or members of the board and the
48 [inmate] incarcerated individual.
49 § 243. Article VIII and paragraph 5 of article IX of section 580.20 of
50 the criminal procedure law are amended to read as follows:
51 ARTICLE VIII
52 This agreement shall enter into full force and effect as to a party
53 state when such state has enacted the same into law. A state party to
54 this agreement may withdraw herefrom by enacting a statute repealing the
55 same. However, the withdrawal of any state shall not affect the status
56 of any proceedings already initiated by [inmates] incarcerated individ-
S. 3332 147
1 uals or by state officers at the time such withdrawal takes effect, nor
2 shall it affect their rights in respect thereof.
3 5. It shall be lawful and mandatory upon the warden or other official
4 in charge of a penal or correctional institution in this state to give
5 over the person of any [inmate] incarcerated individual thereof whenever
6 so required by the operation of the agreement on detainers.
7 § 244. Section 2222-a of the surrogate's court procedure act, as
8 amended by section 167 of subpart B of part C of chapter 62 of the laws
9 of 2011, is amended to read as follows:
10 § 2222-a. Notice of legacy or distributive share payable to [inmate]
11 incarcerated individual or prisoner
12 Where the legatee, distributee or beneficiary is an [inmate] incarcer-
13 ated individual serving a sentence of imprisonment with the state
14 department of corrections and community supervision or a prisoner
15 confined at a local correctional facility, the court shall give prompt
16 written notice to the office of victim services, and at the same time
17 direct that no payment be made to such [inmate] incarcerated individual
18 or prisoner for a period of thirty days following the date of entry of
19 the order containing such direction.
20 § 245. Section 85 of the New York city criminal court act is amended
21 to read as follows:
22 § 85. Segregation of certain women. Whenever any woman is accused or
23 convicted before the court of any crime arising out of an industrial
24 dispute, such woman shall be segregated from the other [inmates] incar-
25 cerated individuals thereof in any jail, prison or institution to which
26 she may be committed.
27 § 246. Subdivision 9 of section 10 of the court of claims act, as
28 amended by section 67 of subpart B of part C of chapter 62 of the laws
29 of 2011, is amended to read as follows:
30 9. A claim of any [inmate] incarcerated individual in the custody of
31 the department of corrections and community supervision for recovery of
32 damages for injury to or loss of personal property may not be filed
33 unless and until the [inmate] incarcerated individual has exhausted the
34 personal property claims administrative remedy, established for
35 [inmates] incarcerated individuals by the department. Such claim must be
36 filed and served within one hundred twenty days after the date on which
37 the [inmate] incarcerated individual has exhausted such remedy.
38 § 247. Subdivision 6-a of section 20 of the court of claims act, as
39 amended by section 68 of subpart B of part C of chapter 62 of the laws
40 of 2011, is amended to read as follows:
41 6-a. Notwithstanding the provisions of subdivisions five, five-a and
42 six of this section, in any case where a judgment or any part thereof is
43 to be paid to an [inmate] incarcerated individual serving a sentence of
44 imprisonment with the state department of corrections and community
45 supervision or to a prisoner confined at a local correctional facility,
46 the comptroller shall give written notice, if required pursuant to
47 subdivision two of section six hundred thirty-two-a of the executive
48 law, to the office of victim services that such judgment shall be paid
49 thirty days after the date of such notice.
50 § 248. Section 20-a of the court of claims act, as amended by section
51 69 of subpart B of part C of chapter 62 of the laws of 2011, is amended
52 to read as follows:
53 § 20-a. Settlement of claims. Notwithstanding any inconsistent
54 provision of this act or of the state finance law, the comptroller shall
55 examine, audit, and certify for payment the settlement of any claim
56 filed in the court of claims for injuries to personal property, real
S. 3332 148
1 property, or for personal injuries caused by the tort of an officer or
2 employee of the state while acting as such officer or employee, provided
3 that a stipulation of settlement executed by the parties shall have been
4 approved by order of the court. No such stipulation shall be executed on
5 behalf of the state without, after consultation with the director of the
6 budget, the approval of the head of the department or agency having
7 supervision of the officer or employee alleged to have caused the inju-
8 ries and of the attorney general. The attorney general shall cause a
9 review to be made within the department of law of all cases filed in the
10 court of claims to determine which cases are appropriate for possible
11 settlement. Payment of any claim made pursuant to the approval of a
12 settlement by the court shall be made from the funds appropriated for
13 the purpose of payment of judgments against the state pursuant to
14 section twenty of this act. In any case where payment is to be made to
15 an [inmate] incarcerated individual serving a sentence of imprisonment
16 with the state department of corrections and community supervision or to
17 a prisoner confined at a local correctional facility, the procedures set
18 forth in subdivision six-a of section twenty of this article shall be
19 followed. On or before January fifteenth the comptroller, in consulta-
20 tion with the department of law and other agencies as may be appropri-
21 ate, shall submit to the governor and the legislature an annual account-
22 ing of settlements paid pursuant to this section during the preceding
23 and current fiscal years. Such accounting shall include, but not be
24 limited to the number, type and amount of claims so paid, as well as an
25 estimate of claims to be paid during the remainder of the current fiscal
26 year and during the following fiscal year.
27 § 249. Subdivision (f) of section 1101 of the civil practice law and
28 rules, as added by section 1 of part D of chapter 412 of the laws of
29 1999, subparagraph (i) of paragraph 1 and paragraph 3 as amended by
30 section 51 of subpart B of part C of chapter 62 of the laws of 2011, is
31 amended to read as follows:
32 (f) Fees for [inmates] incarcerated individuals. 1. Notwithstanding
33 any other provision of law to the contrary, a federal, state or local
34 [inmate] incarcerated individual under sentence for conviction of a
35 crime may seek to commence his or her action or proceeding by paying a
36 reduced filing fee as provided in paragraph two of this subdivision.
37 Such [inmate] incarcerated individual shall file the form affidavit
38 referred to in subdivision (d) of this section along with the summons
39 and complaint or summons with notice or third-party summons and
40 complaint or petition or notice of petition or order to show cause. As
41 part of such application, the [inmate] incarcerated individual shall
42 indicate the name and mailing address of the facility at which he or she
43 is confined along with the name and mailing address of any other feder-
44 al, state or local facility at which he or she was confined during the
45 preceding six month period. The case will be given an index number if
46 applicable, or, in courts other than the supreme or county courts, any
47 necessary filing number and the application will be submitted to a judge
48 of the court. Upon receipt of the application, the court shall obtain
49 from the appropriate official of the facility at which the [inmate]
50 incarcerated individual is confined a certified copy of the [inmate's]
51 incarcerated individual's trust fund account statement (or institutional
52 equivalent) for the six month period preceding filing of the [inmate's]
53 incarcerated individual's application. If the [inmate] incarcerated
54 individual has been confined for less than six months at such facility,
55 the court shall obtain additional information as follows:
S. 3332 149
1 (i) in the case of a state [inmate] incarcerated individual who has
2 been transferred from another state correctional facility, the court
3 shall obtain a trust fund account statement for the six month period
4 from the central office of the department of corrections and community
5 supervision in Albany; or
6 (ii) in the case of a state [inmate] incarcerated individual who is
7 newly transferred from a federal or local correctional facility, the
8 court shall obtain any trust fund account statement currently available
9 from such facility. The court may, in its discretion, seek further
10 information from the prior or current facility.
11 2. If the court determines that the [inmate] incarcerated individual
12 has insufficient means to pay the full filing fee, the court may permit
13 the [inmate] incarcerated individual to pay a reduced filing fee, the
14 minimum of which shall not be less than fifteen dollars and the maximum
15 of which shall not be more than fifty dollars. The court shall require
16 an initial payment of such portion of the reduced filing fee as the
17 [inmate] incarcerated individual can reasonably afford or shall author-
18 ize no initial payment of the fee if exceptional circumstances render
19 the [inmate] incarcerated individual unable to pay any fee; provided
20 however, that the difference between the amount of the reduced filing
21 fee and the amount paid by the [inmate] incarcerated individual in the
22 initial partial payment shall be assessed against the [inmate] incarcer-
23 ated individual as an outstanding obligation to be collected either by
24 the superintendent or the municipal official of the facility at which
25 the [inmate] incarcerated individual is confined, as the case may be, in
26 the same manner that mandatory surcharges are collected as provided for
27 in subdivision five of section 60.35 of the penal law. The court shall
28 notify the superintendent or the municipal official of the facility
29 where the [inmate] incarcerated individual is housed of the amount of
30 the reduced filing fee that was not directed to be paid by the [inmate]
31 incarcerated individual. Thereafter, the superintendent or the munici-
32 pal official shall forward to the court any fee obligations that have
33 been collected, provided however, that:
34 (i) in no event shall the filing fee collected exceed the amount of
35 fees required for the commencement of an action or proceeding; and
36 (ii) in no event shall an [inmate] incarcerated individual be prohib-
37 ited from proceeding for the reason that the [inmate] incarcerated indi-
38 vidual has no assets and no means by which to pay the initial partial
39 filing fee.
40 3. The institution at which an [inmate] incarcerated individual is
41 confined, or the central office for the department of corrections and
42 community supervision, whichever is applicable, shall promptly provide
43 the trust fund account statement to the [inmate] incarcerated individual
44 as required by this subdivision.
45 4. Whenever any federal, state or local [inmate] incarcerated individ-
46 ual obtains a judgment in connection with any action or proceeding which
47 exceeds the amount of the filing fee, paid in accordance with the
48 provisions of this subdivision for commencing such action or proceeding,
49 the court shall award to the prevailing [inmate] incarcerated
50 individual, as a taxable disbursement, the actual amount of any fee paid
51 to commence the action or proceeding.
52 5. The provisions of this subdivision shall not apply to a proceeding
53 commenced pursuant to article seventy-eight of this chapter which
54 alleges a failure to correctly award or certify jail time credit due an
55 [inmate] incarcerated individual, in violation of section six hundred-a
56 of the correction law and section 70.30 of the penal law.
S. 3332 150
1 § 250. Section 5011 of the civil practice law and rules, as amended by
2 section 52 of subpart B of part C of chapter 62 of the laws of 2011, is
3 amended to read as follows:
4 § 5011. Definition and content of judgment. A judgment is the determi-
5 nation of the rights of the parties in an action or special proceeding
6 and may be either interlocutory or final. A judgment shall refer to, and
7 state the result of, the verdict or decision, or recite the default upon
8 which it is based. A judgment may direct that property be paid into
9 court when the party would not have the benefit or use or control of
10 such property or where special circumstances make it desirable that
11 payment or delivery to the party entitled to it should be withheld. In
12 any case where damages are awarded to an [inmate] incarcerated individ-
13 ual serving a sentence of imprisonment with the state department of
14 corrections and community supervision or to a prisoner confined at a
15 local correctional facility, the court shall give prompt written notice
16 to the office of victim services, and at the same time shall direct that
17 no payment be made to such [inmate] incarcerated individual or prisoner
18 for a period of thirty days following the date of entry of the order
19 containing such direction.
20 § 251. Paragraph 5 of subdivision (b) of section 7002 of the civil
21 practice law and rules, as amended by chapter 355 of the laws of 1986,
22 is amended to read as follows:
23 5. in a city having a population of one million or more inhabitants, a
24 person held as a trial [inmate] incarcerated individual in a city
25 detention institution shall petition for a writ to the supreme court in
26 the county in which the charge for which the [inmate] incarcerated indi-
27 vidual is being detained is pending. Such [inmate] incarcerated individ-
28 ual may also petition for a writ to the appellate division in the
29 department in which he is detained or to any justice of the supreme
30 court provided that the writ shall be made returnable before a justice
31 of the supreme court held in the county in which the charge for which
32 the [inmate] incarcerated individual is being detained is pending.
33 § 252. Subdivision 2 of section 61 of the civil rights law, as amended
34 by section 54 of subpart B of part C of chapter 62 of the laws of 2011,
35 is amended to read as follows:
36 2. If the petitioner stands convicted of a violent felony offense as
37 defined in section 70.02 of the penal law or a felony defined in article
38 one hundred twenty-five of such law or any of the following provisions
39 of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26,
40 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
41 subdivision two of section 230.30 or 230.32, and is currently confined
42 as an [inmate] incarcerated individual in any correctional facility or
43 currently under the supervision of the department of corrections and
44 community supervision or a county probation department as a result of
45 such conviction, the petition shall for each such conviction specify
46 such felony conviction, the date of such conviction or convictions, and
47 the court in which such conviction or convictions were entered.
48 § 253. Subdivision 2 of section 62 of the civil rights law, as amended
49 by section 55 of subpart B of part C of chapter 62 of the laws of 2011,
50 is amended to read as follows:
51 2. If the petition be to change the name of a person currently
52 confined as an [inmate] incarcerated individual in any correctional
53 facility or currently under the supervision of the department of
54 corrections and community supervision or a county probation department
55 as a result of a conviction for a violent felony offense as defined in
56 section 70.02 of the penal law or a felony defined in article one
S. 3332 151
1 hundred twenty-five of such law or any of the following provisions of
2 such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26,
3 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
4 subdivision two of section 230.30 or 230.32, notice of the time and
5 place when and where the petition will be presented shall be served, in
6 like manner as a notice of a motion upon an attorney in an action, upon
7 the district attorney of every county in which such person has been
8 convicted of such felony and upon the court or courts in which the
9 sentence for such felony was entered. Unless a shorter period of time is
10 ordered by the court, said notice shall be served upon each such
11 district attorney and court or courts not less than sixty days prior to
12 the date on which such petition is noticed to be heard.
13 § 254. Subdivisions 2 and 3 of section 79 of the civil rights law,
14 subdivision 2 and paragraph (a) of subdivision 3 as amended by section
15 56 of subpart B of part C of chapter 62 of the laws of 2011 and subdivi-
16 sion 3 as amended by chapter 687 of the laws of 1973, are amended to
17 read as follows:
18 2. A sentence of imprisonment in a state correctional institution for
19 any term less than for life or a sentence of imprisonment in a state
20 correctional institution for an indeterminate term, having a minimum of
21 one day and a maximum of natural life shall not be deemed to suspend the
22 right or capacity of any person so sentenced to commence and prosecute
23 an action or proceeding in any court within this state or before a body
24 or officer exercising judicial, quasi-judicial or administrative func-
25 tions within this state; provided, however, that where at the time of
26 the commencement and during the prosecution of such action or proceeding
27 such person is an [inmate] incarcerated individual of a state correc-
28 tional institution, he or she shall not appear at any place other than
29 within the institution for any purpose related to such action or
30 proceeding unless upon a subpoena issued by the court before whom such
31 action or proceeding is pending or, where such action or proceeding is
32 pending before a body or officer, before a judge to whom a petition for
33 habeas corpus could be made under subdivision (b) of section seven thou-
34 sand two of the civil practice law and rules upon motion of any party
35 and upon a determination that such person's appearance is essential to
36 the proper and just disposition of the action or proceeding. Unless the
37 court orders otherwise, a motion for such subpoena shall be made on at
38 least two days' notice to the commissioner of corrections and community
39 supervision.
40 3. (a) Except as provided in paragraph (b) of this subdivision, the
41 state shall not be liable for any expense of or related to any such
42 action or proceeding, including but not limited to the expense of or
43 related to transporting the [inmate] incarcerated individual to, or
44 lodging or guarding him or her at any place other than in a state
45 correctional institution. The department of corrections and community
46 supervision shall not be required to perform any services related to
47 such action or proceeding, including but not limited to transporting the
48 [inmate] incarcerated individual to or lodging or guarding him at any
49 place other than a state correctional institution unless and until the
50 department has received payment for such services.
51 (b) Where the [inmate] incarcerated individual is permitted in accord-
52 ance with any other law to proceed with the action or proceeding as a
53 poor person the expense of transporting the [inmate] incarcerated indi-
54 vidual to, or lodging or guarding him or her at any place other than in
55 a state correctional institution or any other expense relating thereto
56 shall be a state charge; provided, however, that where an [inmate]
S. 3332 152
1 incarcerated individual has been granted such permission and a recovery
2 by judgment or by settlement is had in his or her favor, the court may
3 direct him or her to pay out of the recovery all or part of any sum
4 expended by the state.
5 § 255. Subdivisions 2 and 3 of section 79-a of the civil rights law,
6 subdivision 2 and paragraph (a) of subdivision 3 as amended by section
7 57 of subpart B of part C of chapter 62 of the laws of 2011 and subdivi-
8 sion 3 as added by chapter 687 of the laws of 1973, are amended to read
9 as follows:
10 2. A sentence to imprisonment for life shall not be deemed to suspend
11 the right or capacity of any person so sentenced to commence, prosecute
12 or defend an action or proceeding in any court within this state or
13 before a body or officer exercising judicial, quasi-judicial or adminis-
14 trative functions within this state; provided, however, that where at
15 the time of the commencement and during the prosecution or defense of
16 such action or proceeding such person is an [inmate] incarcerated indi-
17 vidual of a state correctional institution, he or she shall not appear
18 at any place other than within the institution for any purpose related
19 to such action or proceeding unless upon a subpoena issued by the court
20 before whom such action or proceeding is pending or, where such action
21 or proceeding is pending before a body or officer, before a judge to
22 whom a petition for habeas corpus could be made under subdivision (b) of
23 section seven thousand two of the civil practice law and rules upon
24 motion of any party and upon a determination that such person's appear-
25 ance is essential to the proper and just disposition of the action or
26 proceeding. Unless the court orders otherwise, a motion for such subpoe-
27 na shall be made on at least two days' notice to the commissioner of
28 corrections and community supervision.
29 3. (a) Except as provided in paragraph (b) of this subdivision, the
30 state shall not be liable for any expense of or related to any such
31 action or proceeding, including but not limited to the expense of or
32 related to transporting the [inmate] incarcerated individual to, or
33 lodging or guarding him or her at any place other than in a state
34 correctional institution. The department of corrections and community
35 supervision shall not be required to perform any services related to
36 such action or proceeding, including but not limited to transporting the
37 [inmate] incarcerated individual to or lodging or guarding him or her at
38 any place other than a state correctional institution unless and until
39 the department has received payment for such services.
40 (b) Where the [inmate] incarcerated individual is permitted in accord-
41 ance with any other law to proceed with the action or proceeding as a
42 poor person the expense of transporting the [inmate] incarcerated indi-
43 vidual to, or lodging or guarding him or her at any place other than in
44 a state correctional institution or any other expense relating thereto
45 shall be a state charge; provided, however, that where an [inmate]
46 incarcerated individual has been granted such permission and a recovery
47 by judgment or by settlement is had in his or her favor, the court may
48 direct him or her to pay out of the recovery all or part of any sum
49 expended by the state.
50 § 256. Intentionally omitted.
51 § 257. Intentionally omitted.
52 § 258. Intentionally omitted.
53 § 259. Intentionally omitted.
54 § 260. Subdivision 7 of section 40 of chapter 784 of the laws of 1951,
55 constituting the New York state defense emergency act, is amended to
56 read as follows:
S. 3332 153
1 7. Heads of departments in charge of institutions shall have such
2 power with respect to health or safety of [inmates] incarcerated indi-
3 viduals thereof, including transportation of [inmates] incarcerated
4 individuals to, from and between such institutions.
5 § 261. Intentionally omitted.
6 § 262. Intentionally omitted.
7 § 263. The section heading of section 9-104 of the administrative code
8 of the city of New York is amended to read as follows:
9 Transfer of [inmates] incarcerated individuals by commissioner of
10 correction.
11 § 264. Intentionally omitted.
12 § 265. Section 9-109 of the administrative code of the city of New
13 York is amended to read as follows:
14 § 9-109 Classification. The commissioner of correction shall so far as
15 practicable classify all felons, misdemeanants and violators of local
16 laws under the commissioner's charge, so that the youthful or less hard-
17 ened offenders shall be segregated from the older or more hardened
18 offenders. The commissioner of correction may set apart one or more of
19 the penal institutions for the custody of such youthful or less hardened
20 offenders, and he or she is empowered to transfer such offenders thereto
21 from any penal institution of the city. The commissioner of correction
22 is empowered to classify the transferred [inmates] incarcerated individ-
23 uals, so far as practicable, with regard to age, nature of offense, or
24 other fact, and to separate or group such offenders according to such
25 classification.
26 § 266. Section 9-110 of the administrative code of the city of New
27 York, as amended by local law number 170 of the city of New York for the
28 year 2017, is amended to read as follows:
29 § 9-110 Education and programming.
30 The commissioner of correction may establish and maintain schools or
31 classes for the instruction and training of the [inmates] incarcerated
32 individuals of any institution under the commissioner's charge, and
33 shall offer to all [inmates] incarcerated individuals incarcerated for
34 more than 10 days a minimum of five hours per day of [inmate] incarcer-
35 ated individuals programming or education, excluding weekends and holi-
36 days. Such programming or education may be provided by the department
37 or by another provider, and need not be offered to [inmates] incarcerat-
38 ed individuals in punitive segregation, or to [inmates] incarcerated
39 individuals who may be ineligible or unavailable for such programming or
40 education, or where offering such programming or education would not be
41 consistent with the safety of the [inmate] incarcerated individual,
42 staff or facility. Nothing in this section shall prohibit the department
43 from offering such programming or education on the basis of incentive-
44 based criteria developed by the department. For the purposes of this
45 section, the term "[inmate] incarcerated individual programming" has the
46 same meaning as in section 9-144.
47 § 267. Subdivision a of section 9-111 of the administrative code of
48 the city of New York is amended to read as follows:
49 a. The commissioner of correction is empowered to set aside in the
50 city prison a sufficient space for the purposes of installing a library
51 for the [inmates] incarcerated individuals. The commissioner of
52 correction may do likewise in any other place in which persons are held
53 for infractions of the law pending a determination by a court.
54 § 268. The section heading and the opening paragraph of subdivision a
55 of section 9-114 of the administrative code of the city of New York are
56 amended to read as follows:
S. 3332 154
1 Discipline of [inmates] incarcerated individuals.
2 Officers in any institution in the department of correction shall use
3 all suitable means to defend themselves, to enforce discipline, and to
4 secure the persons of [inmates] incarcerated individuals who shall:
5 § 269. The fourth undesignated paragraph of subdivision c of section
6 9-116 of the administrative code of the city of New York, as amended by
7 local law number 43 of the city of New York for the year 2006, is
8 amended to read as follows:
9 None of the foregoing provisions of this section shall apply to or
10 govern the rotation of tours of duty of custodial officers who may be
11 detailed or assigned to an institution wherein no [inmates] incarcerated
12 individuals are detained overnight.
13 § 270. Paragraph 3 of subdivision b of section 9-117 of the adminis-
14 trative code of the city of New York, as added by chapter 629 of the
15 laws of 2003, is amended to read as follows:
16 3. Nothing in this subdivision shall limit in any way persons who are
17 or will be employed by or under contract with the department of
18 correction from maintaining incidental supervision and custody of an
19 [inmate] incarcerated individual, where the primary duties and responsi-
20 bilities of such persons and contractors consist of administering or
21 providing programs and services to persons detained or confined in any
22 of its facilities; nor shall anything in this subdivision be construed
23 to limit or affect the existing authority of the mayor and commissioner
24 to appoint non-uniformed persons, whose duties include overall security
25 of the department of correction, to positions of authority.
26 § 271. Subdivisions a and c of section 9-118 of the administrative
27 code of the city of New York are amended to read as follows:
28 a. The commissioner of correction may establish a commissary in any
29 institution under the commissioner's jurisdiction for the use and bene-
30 fit of the [inmates] incarcerated individuals and employees thereof. All
31 moneys received from the sales of such commissaries shall be paid over
32 semi-monthly to the commissioner of finance without deduction. Except as
33 otherwise provided in this subdivision, the provisions of section 12-114
34 of the code shall apply to every officer or employee who receives such
35 moneys in the performance of his or her duties in any such commissary.
36 The accounts of the commissaries shall be subject to supervision, exam-
37 ination and audit by the comptroller and all other powers of the comp-
38 troller in accordance with the provisions of the charter and code.
39 c. Any surplus remaining in the commissary fund after deducting all
40 items described in subdivision b hereof shall be used for the general
41 welfare of the [inmates] incarcerated individuals of the institutions
42 under the jurisdiction of the department of correction. In the event
43 such fund at any time exceeds one hundred thousand dollars, the excess
44 shall be transferred to the general fund.
45 § 272. The section heading of section 9-121 of the administrative code
46 of the city of New York is amended to read as follows:
47 Records of [inmates] incarcerated individuals of institutions.
48 § 273. Section 9-122 of the administrative code of the city of New
49 York is amended to read as follows:
50 § 9-122 Labor of prisoners in other agencies; correction officers. A
51 correction officer or correction officers from the department of
52 correction shall at all times direct and guard all [inmates] incarcerat-
53 ed individuals of any of the institutions in the department of
54 correction who are performing work for any other agency.
S. 3332 155
1 § 274. Subdivision b of section 9-127 of the administrative code of
2 the city of New York, as added by local law number 54 of the city of New
3 York for the year 2004, is amended to read as follows:
4 b. The department of correction shall collect, from any sentenced
5 [inmate] incarcerated individual who will serve, after sentencing, ten
6 days or more in any city correctional institution, information relating
7 to such [inmate's] incarcerated individual's housing, employment and
8 sobriety needs. The department of correction shall, with the consent of
9 such [inmate] incarcerated individual, provide such information to any
10 social service organization that is providing discharge planning
11 services to such [inmate] incarcerated individual under contract with
12 the department of correction. For the purposes of this section and
13 sections 9-128 and 9-129 of this title, "discharge planning" shall mean
14 the creation of a plan for post-release services and assistance with
15 access to community-based resources and government benefits designed to
16 promote an [inmate's] incarcerated individual's successful reintegration
17 into the community.
18 § 275. Section 9-127.1 of the administrative code of the city of New
19 York, as added by local law number 167 of the city of New York for the
20 year 2017, is amended to read as follows:
21 § 9-127.1[.] Discharge planning. a. As used in this section, the
22 following terms have the following meanings:
23 Discharge plan. The term "discharge plan" means a plan describing the
24 manner in which an eligible [inmate] incarcerated individual will be
25 able to receive re-entry services upon release from the custody of the
26 department to the community. A discharge plan shall, to the extent prac-
27 ticable, be designed to address the unique needs of each eligible
28 [inmate] incarcerated individual, including but not limited to the
29 [inmate's] incarcerated individual's geographic location upon release
30 from the custody of the department, specific social service needs if
31 applicable, prior criminal history, and employment needs.
32 Eligible [inmate] incarcerated individual. The term "eligible
33 [inmate] incarcerated individual" means a person who served a sentence
34 of 30 days or more in the custody of the department, and who is being
35 released from the custody of the department to the community.
36 Re-entry services. The term "re-entry services" means appropriate
37 programming and support planning offered to an [inmate] incarcerated
38 individual upon release from the custody of the department to the commu-
39 nity, as well as follow-up support offered to the [inmate] incarcerated
40 individual after his or her release. Such programming, support planning,
41 and follow-up support shall include case management and connections to
42 employment, and other social services that may be available to such
43 [inmate] incarcerated individual upon his or her release.
44 b. Prior to the release of an eligible [inmate] incarcerated individ-
45 ual from the custody of the department, a designee of the department
46 shall to the extent practicable develop and offer to such [inmate]
47 incarcerated individual a discharge plan. Discharge plans developed
48 pursuant to this section shall not be required when, upon release from
49 the custody of the department, an [inmate] incarcerated individual is
50 transferred to the custody of another government agency or to the custo-
51 dy of a hospital or healthcare provider, or where a discharge plan is
52 otherwise required by law.
53 § 276. Subdivisions a and b of section 9-128 of the administrative
54 code of the city of New York, as added by local law number 54 of the
55 city of New York for the year 2004, are amended to read as follows:
S. 3332 156
1 a. The department of correction shall make applications for government
2 benefits available to [inmates] incarcerated individuals by providing
3 such applications in areas accessible to [inmates] incarcerated individ-
4 uals in city correctional institutions.
5 b. The department of correction shall provide assistance with the
6 preparation of applications for government benefits and identification
7 to sentenced [inmates] incarcerated individuals who will serve, after
8 sentencing, thirty days or more in any city correctional institution and
9 who receive discharge planning services from the department of
10 correction or any social services organization under contract with the
11 department of correction, and, in its discretion, to any other [inmate]
12 incarcerated individual who may benefit from such assistance.
13 § 277. Section 9-129 of the administrative code of the city of New
14 York, as added by local law number 54 of the city of New York for the
15 year 2004, is amended to read as follows:
16 § 9-129 Reporting. The commissioner of correction shall submit a
17 report to the mayor and the council by October first of each year
18 regarding implementation of sections 9-127 and 9-128 of this title and
19 other discharge planning efforts, and, beginning October first, two
20 thousand eight and annually thereafter, regarding recidivism among
21 [inmates] incarcerated individuals receiving discharge planning services
22 from the department of correction or any social services organization
23 under contract with the department of correction.
24 § 278. Section 9-130 of the administrative code of the city of New
25 York, as added by local law number 33 of the city of New York for the
26 year 2016, paragraph 23 as amended and paragraph 24 of subdivision c as
27 added by local law number 145 for the year of 2018, is amended to read
28 as follows:
29 § 9-130 Jail data reporting.
30 a. Definitions. For purposes of this section, the following terms have
31 the following meanings:
32 Adolescent. The term "adolescent" means an [inmate] incarcerated indi-
33 vidual 16 or 17 years of age.
34 Adult. The term "adult" means an [inmate] incarcerated individual 22
35 years of age or older.
36 Assault. The term "assault" means any action taken with intent to
37 cause physical injury to another person.
38 Department. The term "department" means the New York city department
39 of correction.
40 Hospital. The term "hospital" includes any hospital setting, whether a
41 hospital outside of the department's jurisdiction or a correction unit
42 operated by the department within a hospital.
43 Serious injury. The term "serious injury" means a physical injury that
44 (i) creates a substantial risk of death or disfigurement; (ii) is a loss
45 or impairment of a bodily organ; (iii) is a fracture or break to a bone
46 other than fingers and toes; or (iv) is an injury defined as serious by
47 a physician.
48 Sexual abuse. The term "sexual abuse" has the same meaning as set
49 forth in section 115.6 of title 28 of the code of federal regulations,
50 or successor regulation, promulgated pursuant to the federal prison rape
51 elimination act of 2003.
52 Staff. The term "staff" means anyone other than an [inmate] incarcer-
53 ated individual who works at a facility operated by the department.
54 Young adult. The term "young adult" means an [inmate] incarcerated
55 individual 18 to 21 years of age.
S. 3332 157
1 Use of force A. The term "use of force A" means a use of force by
2 staff on an [inmate] incarcerated individual resulting in an injury that
3 requires medical treatment beyond the prescription of over-the-counter
4 analgesics or the administration of minor first aid, including those
5 uses of force resulting in one or more of the following: (i) multiple
6 abrasions and/or contusions; (ii) chipped or cracked tooth; (iii) loss
7 of tooth; (iv) laceration; (v) puncture; (vi) fracture; (vii) loss of
8 consciousness, including a concussion; (viii) suture; (ix) internal
9 injuries, including but not limited to ruptured spleen or perforated
10 eardrum; or (x) admission to a hospital.
11 Use of force B. The term "use of force B" means a use of force by
12 staff on an [inmate] incarcerated individual which does not require
13 hospitalization or medical treatment beyond the prescription of over-
14 the-counter analgesics or the administration of minor first aid, includ-
15 ing the following: (i) a use of force resulting in a superficial bruise,
16 scrape, scratch, or minor swelling; and (ii) the forcible use of mechan-
17 ical restraints in a confrontational situation that results in no or
18 minor injury.
19 Use of force C. The term "use of force C" means a use of force by
20 staff on an [inmate] incarcerated individual resulting in no injury to
21 staff or [inmate] incarcerated individual, including an incident where
22 the use of oleoresin capsicum spray results in no injury, beyond irri-
23 tation that can be addressed through decontamination.
24 b. No later than 20 days after the end of each month, the department
25 shall post on its website a report containing the following information
26 for the prior month, in total and by indicating the rate per 100
27 [inmates] incarcerated individuals in the custody of the department
28 during such prior month:
29 1. fight infractions written against [inmates] incarcerated individ-
30 uals;
31 2. assaults on [inmates] incarcerated individuals by [inmates] incar-
32 cerated individuals involving stabbings, shootings or slashings;
33 3. assaults on [inmates] incarcerated individuals by [inmates] incar-
34 cerated individuals in which an [inmate] incarcerated individual
35 suffered a serious injury, excluding assaults involving stabbings,
36 shootings or slashings;
37 4. actual incidents of use of force A;
38 5. actual incidents of use of force B;
39 6. actual incidents of use of force C;
40 7. assaults on staff by [inmates] incarcerated individuals in which
41 staff suffered serious injury.
42 c. No later than 45 days after the end of each quarter ending March
43 31, June 30, September 30 and December 31, the department shall post on
44 its website a report containing the following information for the prior
45 quarter, in total and by indicating the rate per 100 [inmates] incarcer-
46 ated individuals in the custody of the department during such prior
47 quarter. Such report shall also disaggregate the following information
48 by listing adults, young adults, and adolescent [inmates] incarcerated
49 individuals separately:
50 1. fight infractions written against [inmates] incarcerated individ-
51 uals;
52 2. assaults on [inmates] incarcerated individuals by [inmates] incar-
53 cerated individuals in which an [inmate] incarcerated individual
54 suffered a serious injury, excluding assaults involving stabbings,
55 shootings or slashings;
S. 3332 158
1 3. assaults on [inmates] incarcerated individuals by [inmates] incar-
2 cerated individuals involving stabbings;
3 4. assaults on [inmates] incarcerated individuals by [inmates] incar-
4 cerated individuals involving shootings;
5 5. assaults on [inmates] incarcerated individuals by [inmates] incar-
6 cerated individuals involving slashings;
7 6. total number of assaults on [inmates] incarcerated individuals by
8 [inmates] incarcerated individuals involving stabbings, shootings or
9 slashings;
10 7. total number of assaults on [inmates] incarcerated individuals by
11 [inmates] incarcerated individuals involving stabbings, shootings or
12 slashings in which an [inmate] incarcerated individual suffered a seri-
13 ous injury;
14 8. assaults on [inmates] incarcerated individuals by [inmates] incar-
15 cerated individuals in which an [inmate] incarcerated individual was
16 admitted to a hospital as a result;
17 9. homicides of [inmates] incarcerated individuals by [inmates] incar-
18 cerated individuals;
19 10. attempted suicides by [inmates] incarcerated individuals;
20 11. suicides by [inmates] incarcerated individuals;
21 12. assaults on staff by [inmates] incarcerated individuals;
22 13. assaults on staff by [inmates] incarcerated individuals in which
23 staff suffered serious injury;
24 14. assaults on staff by [inmates] incarcerated individuals in which
25 the staff was transported to a hospital as a result;
26 15. incidents in which an [inmate] incarcerated individual splashed
27 staff;
28 16. allegations of use of force A;
29 17. actual incidents of use of force A;
30 18. [inmate] incarcerated individual hospitalization as a result of
31 use of force A;
32 19. allegations of use of force B;
33 20. actual incidents of use of force B;
34 21. allegations of use of force C;
35 22. actual incidents of use of force C;
36 23. incidents of use of force C in which chemical agents were used;
37 24. incidents of use of force in which staff uses any device capable
38 of administering an electric shock.
39 d. Beginning July 1, 2016 and every July first thereafter, the depart-
40 ment shall post on its website a report for the prior calendar year
41 containing information pertaining to (1) allegations of sexual abuse of
42 an [inmate] incarcerated individual by an [inmate] incarcerated individ-
43 ual; (2) substantiated incidents of sexual abuse of an [inmate] incar-
44 cerated individual by an [inmate] incarcerated individual; (3) allega-
45 tions of sexual abuse of an [inmate] incarcerated individual by staff;
46 and (4) substantiated incidents of sexual abuse of an [inmate] incarcer-
47 ated individual by staff.
48 e. The information in subdivisions b, c and d of this section shall be
49 compared to previous reporting periods, and shall be permanently stored
50 on the department's website.
51 § 279. Section 9-134 of the administrative code of the city of New
52 York, as amended by local law number 90 of the city of New York for the
53 year 2015, is amended to read as follows:
54 § 9-134 Jail segregated housing statistics. a. Definitions. For the
55 purposes of this section, the following terms have the following mean-
56 ings:
S. 3332 159
1 Department. The term "department" means the New York city department
2 of correction.
3 [Inmate] Incarcerated individual recreation day. The term "[inmate]
4 incarcerated individual recreation day" means one day per each individ-
5 ual for every day in punitive segregation during each quarter.
6 [Inmate] Incarcerated individual shower day. The term "[inmate] incar-
7 cerated individual shower day" means one day per each individual for
8 every day in punitive segregation during each quarter.
9 Mental health unit ("MHU"). The term "mental health unit" ("MHU")
10 means any separate housing area staffed by mental health clinicians
11 where [inmates] incarcerated individuals with mental illness who have
12 been found guilty of violating department rules are housed, including
13 but not limited to restricted housing units and clinical alternative to
14 punitive segregation units.
15 Segregated housing unit. The term "segregated housing unit" means any
16 city jail housing units in which [inmates] incarcerated individuals are
17 regularly restricted to their cells more than the maximum number of
18 hours as set forth in subdivision (b) of section 1-05 of chapter 1 of
19 title 40 of the rules of the city of New York, or any successor rule
20 establishing such maximum number of hours for the general population of
21 [inmates] incarcerated individuals in city jails. Segregated housing
22 units do not include mental health units. Segregated housing units
23 include, but are not limited to, punitive segregation housing and
24 enhanced supervision housing.
25 Serious injury. The term "serious injury" means a physical injury that
26 includes: (i) a substantial risk of death or disfigurement; (ii) loss or
27 impairment of a bodily organ; (iii) a fracture or break to a bone,
28 excluding fingers and toes; (iv) an injury defined as serious by a
29 physician; and (v) any additional serious injury as defined by the
30 department.
31 Staff. The term "staff" means anyone, other than an [inmate] incarcer-
32 ated individual, working at a facility operated by the department.
33 Use of force. The term "use of force" means an instance where staff
34 used their hands or other parts of their body, objects, instruments,
35 chemical agents, electric devices, firearm, or any other physical method
36 to restrain, subdue, or compel an [inmate] incarcerated individual to
37 act in a particular way, or stop acting in a particular way. This term
38 shall not include moving, escorting, transporting, or applying
39 restraints to a compliant [inmate] incarcerated individual.
40 Use of force A. The term "use of force A" means a use of force result-
41 ing in an injury that requires medical treatment beyond the prescription
42 of over-the-counter analgesics or the administration of minor first aid,
43 including, but not limited to: (i) multiple abrasions and/or contusions;
44 (ii) chipped or cracked tooth; (iii) loss of tooth; (iv) laceration; (v)
45 puncture; (vi) fracture; (vii) loss of consciousness, including a
46 concussion; (viii) suture; (ix) internal injuries, including but not
47 limited to ruptured spleen or perforated eardrum; or (x) admission to a
48 hospital.
49 Use of force B. The term "use of force B" means a use of force result-
50 ing in an injury that does not require hospitalization or medical treat-
51 ment beyond the prescription of over-the-counter analgesics or the
52 administration of minor first aid.
53 Use of force C. The term "use of force C" means a use of force result-
54 ing in no injury to staff or [inmates] incarcerated individuals.
55 b. For the quarter beginning October first, two thousand fourteen,
56 commencing on or before January twentieth, two thousand fifteen, and on
S. 3332 160
1 or before the twentieth day of each quarter thereafter, the commissioner
2 of correction shall post a report on the department website containing
3 information relating to the use of segregated housing units and MHU in
4 city jails for the previous quarter. Such quarterly report shall include
5 separate indicators, disaggregated by facility and housing category for
6 the total number of [inmates] incarcerated individuals housed in segre-
7 gated housing units and MHU. Such quarterly report shall also include
8 the following information regarding the segregated housing unit and MHU
9 population: (i) the number of [inmates] incarcerated individuals in each
10 security risk group as defined by the department's classification system
11 directive, (ii) the number of [inmates] incarcerated individuals subject
12 to enhanced restraints, including but not limited to, shackles, waist
13 chains and hand mittens, (iii) the number of [inmates] incarcerated
14 individuals sent to segregated housing units and MHU during the period,
15 (iv) the number of [inmates] incarcerated individuals sent to segregated
16 housing units and MHU from mental observation housing areas, (v) the
17 number of [inmates] incarcerated individuals, by highest infraction
18 offense grade as classified by the department, (grade one, two, or
19 three), (vi) the number of [inmates] incarcerated individuals serving
20 punitive segregation in the following specified ranges: less than ten
21 days, ten to thirty days, thirty-one to ninety days, ninety-one to one
22 hundred eighty days, one hundred eighty-one to three hundred sixty-five
23 days, and more than three hundred sixty-five days, (vii) the number of
24 [inmates] incarcerated individuals receiving mental health services,
25 (viii) the number of [inmates] incarcerated individuals twenty-one years
26 of age and under, (ix) the number of [inmates] incarcerated individuals
27 over twenty-one years of age in ten-year intervals, (x) the race and
28 gender of [inmates] incarcerated individuals, (xi) the number of
29 [inmates] incarcerated individuals who received infractions while in
30 segregated housing units or MHU, (xii) the number of [inmates] incarcer-
31 ated individuals who received infractions that led to the imposition of
32 additional punitive segregation time, (xiii) the number of [inmates]
33 incarcerated individuals who committed suicide, (xiv) the number of
34 [inmates] incarcerated individuals who attempted suicide, (xv) the
35 number of [inmates] incarcerated individuals on suicide watch, (xvi) the
36 number of [inmates] incarcerated individuals who caused injury to them-
37 selves (excluding suicide attempt), (xvii) the number of [inmates]
38 incarcerated individuals seriously injured while in segregated housing
39 units or MHU, (xviii) the number of [inmates] incarcerated individuals
40 who were sent to non-psychiatric hospitals outside the city jails, (xix)
41 the number of [inmates] incarcerated individuals who died (non-suicide),
42 (xx) the number of [inmates] incarcerated individuals transferred to a
43 psychiatric hospital from segregated housing units, (xxi) the number of
44 [inmates] incarcerated individuals transferred to a psychiatric hospital
45 from MHU, disaggregated by program, (xxii) the number of [inmates]
46 incarcerated individuals moved from general punitive segregation to MHU,
47 disaggregated by program, (xxiii) the number of [inmates] incarcerated
48 individuals placed into MHU following a disciplinary hearing, disaggre-
49 gated by program, (xxiv) the number of [inmates] incarcerated individ-
50 uals moved from MHU to a segregated housing unit, disaggregated by
51 segregated housing unit type, (xxv) the number of [inmates] incarcerated
52 individuals prescribed anti-psychotic medications, mood stabilizers or
53 anti-anxiety medications, disaggregated by the type of medication,
54 (xxvi) the number of requests made by [inmates] incarcerated individuals
55 for medical or mental health treatment and the number granted, (xxvii)
56 the number of requests made by [inmates] incarcerated individuals to
S. 3332 161
1 attend congregate religious services and the number granted, (xxviii)
2 the number of requests made by [inmates] incarcerated individuals for
3 assistance from the law library and the number granted, (xxix) the
4 number of requests made by [inmates] incarcerated individuals to make
5 telephone calls and the number granted, disaggregated by weekly personal
6 calls and other permissible daily calls, (xxx) the number of [inmate]
7 incarcerated individual recreation days and the number of recreation
8 hours attended, (xxxi) the number of individual recreation hours that
9 were offered to [inmates] incarcerated individuals prior to six a.m.,
10 (xxxii) the number of [inmate] incarcerated individual shower days and
11 the number of showers taken, (xxxiii) the number of [inmates] incarcer-
12 ated individuals who received visits, (xxxiv) the number of instances of
13 allegations of use of force, (xxxv) the number of instances of use of
14 force A, (xxxvi) the number of instances of use of force B, (xxxvii) the
15 number of instances of use of force C, (xxxviii) the number of instances
16 in which contraband was found, (xxxix) the number of instances of alle-
17 gations of staff on [inmate] incarcerated individual sexual assault,
18 (xl) the number of instances of substantiated staff on [inmate] incar-
19 cerated individual sexual assault, (xli) the number of instances of
20 allegations of [inmate] incarcerated individual on staff sexual assault,
21 and (xlii) the number of instances of substantiated [inmate] incarcerat-
22 ed individual on staff sexual assault.
23 § 280. Intentionally omitted.
24 § 281. Intentionally omitted.
25 4. The number of [inmates] incarcerated individuals that submitted
26 grievances.
27 § 282. Section 9-137 of the administrative code of the city of New
28 York, as added by local law number 88 of the city of New York for the
29 year 2015, is amended to read as follows:
30 § 9-137 Jail population statistics.
31 a. Within 45 days of the end of each quarter of the fiscal year, the
32 department shall post a report on its website containing information
33 related to the [inmate] incarcerated individual population in city jails
34 for the preceding quarter. Such quarterly report shall include the
35 following information based on the number of [inmate] incarcerated indi-
36 vidual admissions during the reporting period, and based on the average
37 daily population of the city's jails for the preceding quarter in total,
38 and as a percentage of the average daily population of [inmates] incar-
39 cerated individuals in the department's custody during the reporting
40 period:
41 1. Age, in years, disaggregated as follows: 16-17, 18-21, 22-25,
42 26-29, 30-39, 40-49, 50-59, 60-69, 70 or older.
43 2. Gender, including a separate category for those [inmates] incarcer-
44 ated individuals housed in any transgender housing unit.
45 3. Race of [inmates] incarcerated individuals, categorized as follows:
46 African-American, Hispanic, Asian, white, or any other race.
47 4. The borough in which the [inmate] incarcerated individual was
48 arrested.
49 5. Educational background as self-reported by [inmates] incarcerated
50 individuals after admission to the custody of the department, categor-
51 ized as follows based on the highest level of education achieved: no
52 high school diploma or general education diploma, a general education
53 diploma, a high school diploma, some college but no degree, an associ-
54 ate's degree, a bachelor's degree, or a post-collegiate degree.
S. 3332 162
1 6. The number of [inmates] incarcerated individuals identified by the
2 department as a member of a security risk group, as defined by the
3 department.
4 § 283. Section 9-138 of the administrative code of the city of New
5 York, as added by local law number 89 of the city of New York for the
6 year 2015, is amended to read as follows:
7 § 9-138 Use of force directive. The commissioner shall post on the
8 department's website the directive stating the department's current
9 policies regarding the use of force by departmental staff on [inmates]
10 incarcerated individuals, including but not limited to the circumstances
11 in which any use of force is justified, the circumstances in which vari-
12 ous levels of force or various uses of equipment are justified, and the
13 procedures staff must follow prior to using force. The commissioner may
14 redact such directive as necessary to preserve safety and security in
15 the facilities under the department's control.
16 § 284. Intentionally omitted.
17 § 285. Subdivision b of section 9-140 of the administrative code of
18 the city of New York, as added by local law number 85 of the city of New
19 York for the year 2015, is amended to read as follows:
20 b. The commissioner shall post on the department website on a quarter-
21 ly basis, within 30 days of the beginning of each quarter, a report
22 containing information pertaining to the visitation of the [inmate]
23 incarcerated individual population in city jails for the prior quarter.
24 Such quarterly report shall include the following information in total
25 and disaggregated by whether the visitor is a professional, and also
26 disaggregated by the type of services the professional provides:
27 1. The total number of visitors to city jails, the total number of
28 visitors to borough jail facilities, and the total number of visitors to
29 city jails on Rikers Island.
30 2. The total number of visitors that visited an [inmate] incarcerated
31 individual at city jails, the total number of visitors that visited an
32 [inmate] incarcerated individual at borough jail facilities, and the
33 total number of visitors that visited an [inmate] incarcerated individ-
34 ual at city jails on Rikers Island.
35 3. The number of visitors unable to visit an [inmate] incarcerated
36 individual at any city jail, in total and disaggregated by the reason
37 such visit was not completed.
38 4. The [inmate] incarcerated individual visitation rate, which shall
39 be calculated by dividing the average daily number of visitors who
40 visited [inmates] incarcerated individuals at city jails during the
41 reporting period by the average daily [inmate] incarcerated individual
42 population of city jails during the reporting period.
43 5. The borough jail facility visitation rate, which shall be calcu-
44 lated by dividing the average daily number of visitors who visited
45 [inmates] incarcerated individuals at borough jail facilities during the
46 reporting period by the average daily [inmate] incarcerated individual
47 population of borough jail facilities during the reporting period.
48 6. The Rikers Island visitation rate, which shall be calculated by
49 dividing the average daily number of visitors who visited [inmates]
50 incarcerated individuals at city jails on Rikers Island during the
51 reporting period by the average daily [inmate] incarcerated individual
52 population of city jails on Rikers Island during the reporting period.
53 § 286. Section 9-141 of the administrative code of the city of New
54 York, as added by local law number 82 of the city of New York for the
55 year 2016, is amended to read as follows:
S. 3332 163
1 § 9-141 Feminine hygiene products. All female [inmates] incarcerated
2 individuals in the custody of the department shall be provided, at the
3 department's expense, with feminine hygiene products as soon as practi-
4 cable upon request. All female individuals arrested and detained in the
5 custody of the department for at least 48 hours shall be provided, at
6 the department's expense, with feminine hygiene products as soon as
7 practicable upon request. For purposes of this section, "feminine
8 hygiene products" means tampons and sanitary napkins for use in
9 connection with the menstrual cycle.
10 § 287. Subdivisions a and c and paragraphs 6 and 7 of subdivision d of
11 section 9-142 of the administrative code of the city of New York, as
12 added by local law number 120 of the city of New York for the year 2016,
13 are amended to read as follows:
14 a. Definitions. For the purposes of this section, the following terms
15 shall have the following meanings:
16 Child. The term "child" means any person one year of age or younger
17 whose mother is in the custody of the department.
18 Nursery. The term "nursery" means any department facility designed to
19 accommodate newborn children of incarcerated mothers, pursuant to New
20 York state correctional law section 611 or any successor statute.
21 Staff. The term "staff" means anyone, other than an [inmate] incarcer-
22 ated individual, working at a facility operated by the department.
23 Use of force A. The term "use of force A" means a use of force by
24 staff on an [inmate] incarcerated individual resulting in an injury to
25 staff or [inmate] incarcerated individual that requires medical treat-
26 ment beyond the prescription of over-the-counter analgesics or the
27 administration of minor first aid, including those uses of force result-
28 ing in one or more of the following treatments/injuries: (i) multiple
29 abrasions and/or contusions; (ii) chipped or cracked tooth; (iii) loss
30 of tooth; (iv) laceration; (v) puncture; (vi) fracture; (vii) loss of
31 consciousness; including a concussion; (viii) suture; (ix) internal
32 injuries, including but not limited to, ruptured spleen or perforated
33 eardrum; and (x) admission to a hospital.
34 Use of force B. The term "use of force B" means a use of force by
35 staff on an [inmate] incarcerated individual resulting in an injury to
36 staff or [inmate] incarcerated individual that does not require hospi-
37 talization or medical treatment beyond the prescription of over-the-
38 counter analgesics or the administration of minor first aid, including
39 the following: (i) a use of force resulting in a superficial bruise,
40 scrape, scratch, or minor swelling; and (ii) the forcible use of mechan-
41 ical restraints in a confrontational situation that results in no or
42 minor injury.
43 Use of force C. The term "use of force C" means a use of force by
44 staff on an [inmate] incarcerated individual resulting in no injury to
45 staff or [inmate] incarcerated individual, including incidents where use
46 of oleoresin capsicum spray results in no injury, beyond irritation that
47 can be addressed through decontamination.
48 c. Children and their mothers shall be housed in the nursery unless
49 the department determines that such housing would not be in the best
50 interest of such child pursuant to section 611 of the correction law or
51 any successor statute. The department shall maintain formal written
52 procedures consistent with this policy and with the following
53 provisions:
54 1. The warden of the facility in which the nursery is located may deny
55 a child admission to the nursery only if a consideration of all relevant
S. 3332 164
1 evidence indicates that such admission would not be in the best interest
2 of the child.
3 2. Any [inmate] incarcerated individual whose child is denied admis-
4 sion to the nursery shall be provided with a written determination spec-
5 ifying the facts and reasons underlying such determination. Such notice
6 shall indicate that this determination may be appealed, and describe the
7 appeals process in plain and simple language.
8 3. An [inmate] incarcerated individual may appeal such determination.
9 The appeal shall be decided by the commissioner or the chief of the
10 department, in consultation with a person who has expertise in early
11 childhood development. Any denial of an appeal shall include a specific
12 statement of the reasons for denial. A copy of this determination on
13 the appeal shall be provided to such [inmate] incarcerated individual.
14 4. [Inmates] Incarcerated individuals who are unable to read or under-
15 stand the procedures in this subdivision shall be provided with neces-
16 sary assistance.
17 6. The programming and services available to [inmates] incarcerated
18 individuals and children in the nursery, including but not limited to
19 the following categories: parenting, health and mental health, drug
20 and/or alcohol addiction, vocational, educational, recreational, or
21 other life skills; and
22 7. The following information by indicating the rate per 100 female
23 [inmates] incarcerated individuals in the custody of the department,
24 disaggregated by whether or not the incident took place in the nursery:
25 (i) incidents of use of force A, (ii) incidents of use of force B, (iii)
26 incidents of use of force C, and (iv) incidents of use of force C in
27 which chemical agents are used.
28 § 288. The section heading and subdivisions a and b of section 9-143
29 of the administrative code of the city of New York, as added by local
30 law number 121 of the city of New York for the year 2016, are amended to
31 read as follows:
32 Annual report on mentally ill [inmates] incarcerated individuals and
33 recidivism.
34 a. Definitions. For the purposes of this section, the following terms
35 have the following meanings:
36 Eligible [inmate] incarcerated individual. The term "eligible [inmate]
37 incarcerated individual" means an [inmate] incarcerated individual whose
38 period of confinement in a city correctional facility lasts 24 hours or
39 longer, and who, during such confinement, receives treatment for a
40 mental illness, but does not include [inmates] incarcerated individuals
41 seen by mental health staff on no more than two occasions during their
42 confinement and assessed on the latter of those occasions as having no
43 need for further treatment in any city correctional facility or upon
44 their release from any such facility.
45 Reporting period. The term "reporting period" means the calendar year
46 two years prior to the year in which the report issued pursuant to this
47 section is issued.
48 b. No later than March 31 of each year, beginning in 2017, the depart-
49 ment shall post on its website a report regarding mentally ill [inmates]
50 incarcerated individuals and recidivism. Such report shall include but
51 not be limited to the following information:
52 1. The number of [inmates] incarcerated individuals released by the
53 department to the community during the reporting period, the number of
54 eligible inmates released to the community by the department during the
55 reporting period, and the percentage of [inmates] incarcerated individ-
56 uals released to the community by the department who were eligible
S. 3332 165
1 during the reporting period, provided that such report shall count each
2 individual released during the reporting period only once; and
3 2. The number and percentage of [inmates] incarcerated individuals
4 released to the community by the department during the reporting period
5 who returned to the custody of the department within one year of their
6 discharge, and the number and percentage of eligible [inmates] incarcer-
7 ated individuals released to the community by the department during the
8 reporting period who returned to the custody of the department within
9 one year of their discharge, provided that such report shall count each
10 individual released during the reporting period only once.
11 § 289. Subdivision a of section 9-144 of the administrative code of
12 the city of New York, as added by local law number 122 of the city of
13 New York for the year 2016, is amended to read as follows:
14 [a.] The department shall evaluate [inmate] incarcerated individual
15 programming each calendar year. For purposes of this section, "[inmate]
16 incarcerated individual programming" includes but is not limited to any
17 structured services offered directly to [inmates] incarcerated individ-
18 uals for the purposes of vocational training, counseling, cognitive
19 behavioral therapy, addressing drug dependencies, or any similar
20 purpose. No later than April 1 of each year, beginning in 2017, the
21 department shall submit a summary of each evaluation to the mayor and
22 the council, and post such summary to the department's website. This
23 summary shall include factors determined by the department, including,
24 but not be limited to, information related to the following for each
25 such program: (i) the amount of funding received; (ii) estimated number
26 of [inmates] incarcerated individuals served; (iii) a brief description
27 of the program including the estimated number of hours of programming
28 offered and utilized, program length, goals, target populations, effec-
29 tiveness, and outcome measurements, where applicable; and (iv) success-
30 ful completion and compliance rates, if applicable. Such summary shall
31 be permanently accessible from the department's website and shall be
32 provided in a format that permits automated processing, where appropri-
33 ate. Each yearly summary shall include a comparison of the current year
34 with the prior five years, where such information is available.
35 § 290. The second undesignated paragraph of subdivision a of section
36 9-145 of the administrative code of the city of New York, as added by
37 local law number 123 of the city of New York for the year 2016, is
38 amended to read as follows:
39 Staff. The term "staff" means any employee of the department or any
40 person who regularly provides health or counseling services directly to
41 [inmates] incarcerated individuals.
42 § 291. The section heading and subdivisions a and b of section 9-146
43 of the administrative code of the city of New York, as added by local
44 law number 178 of the city of New York for the year 2016, are amended to
45 read as follows:
46 [Inmate court] Court appearance transportation for incarcerated indi-
47 viduals. a. By April 1, 2017 and upon gaining access to such database
48 described in subdivision c of this section, the department shall, within
49 48 hours of admission of an [inmate] incarcerated individual to the
50 custody of the department, determine whether an [inmate] incarcerated
51 individual has any pending court appearances scheduled in New York city
52 criminal court or the criminal term of New York state supreme court
53 other than those appearances for cases for which such defendant is
54 admitted to the custody of the department or that pertain solely to the
55 payment of court surcharges.
S. 3332 166
1 b. In complying with subdivision a of this section, the department
2 shall:
3 1. notify the office of court administration that such [inmate] incar-
4 cerated individual is in department custody upon determination of such
5 court appearance, pursuant to subdivision a of this section; and
6 2. provide, as required by the court, transportation for every
7 [inmate] incarcerated individual for all such court appearances.
8 § 292. Section 9-147 of the administrative code of the city of New
9 York, as added by local law number 180 of the city of New York for the
10 year 2016, is amended to read as follows:
11 § 9-147 [Inmate court] Court appearance clothing for incarcerated
12 individuals. Except as provided elsewhere in this section, the depart-
13 ment shall provide every [inmate] incarcerated individual appearing for
14 a trial or before a grand jury with access to clothing in their personal
15 property prior to transport for such appearance, and produce all such
16 [inmates] incarcerated individuals for such appearances in such cloth-
17 ing. If such clothing is not available, or if an [inmate] incarcerated
18 individual chooses not to wear their personal clothing, the department
19 shall provide such [inmate] incarcerated individual with new or gently
20 used, size appropriate clothing of a kind customarily worn by persons
21 not in the custody of the department, unless (i) such [inmate] incarcer-
22 ated individual chooses to wear the uniform issued by the department, or
23 (ii) such [inmate] incarcerated individual is required to wear such
24 uniform by an order of the court. The department shall permit personal
25 clothing to be delivered to an [inmate] incarcerated individual during
26 such time as packages are permitted to be delivered under title 40 of
27 the rules of the city of New York or during reasonable hours the day
28 before an [inmate's] incarcerated individual's scheduled appearance for
29 a trial or before a grand jury. New or gently used, weather- and size-
30 appropriate clothing of a kind customarily worn by persons not in the
31 custody of the department shall be offered to any [inmate] incarcerated
32 individual released from the custody of the department from a court,
33 unless the [inmate] incarcerated individual is wearing the [inmate's]
34 incarcerated individual's own personal clothing.
35 § 293. Subdivisions a, b and c of section 9-148 of the administrative
36 code of the city of New York, as added by local law number 123 of the
37 city of New York for the year 2017, are amended to read as follows:
38 a. The department shall accept cash bail payments immediately and
39 continuously after an [inmate] incarcerated individual is admitted to
40 the custody of the department, except on such dates on which an [inmate]
41 incarcerated individual appears in court other than an arraignment in
42 criminal court.
43 b. The department shall release any [inmate] incarcerated individual
44 for whom bail or bond has been paid or posted within the required time
45 period of the later of such payment being made or the department's
46 receipt of notice thereof, provided that if an [inmate] incarcerated
47 individual cannot be released within the required time period due to
48 extreme and unusual circumstances then such [inmate] incarcerated indi-
49 vidual shall be released as soon as possible. Such timeframe may be
50 extended when any of the following occurs, provided that the [inmate's]
51 incarcerated individual's release shall be forthwith as that term is
52 used in section 520.15 of the criminal procedure law:
53 1. The [inmate] incarcerated individual receives discharge planning
54 services prior to release;
55 2. The [inmate] incarcerated individual has a warrant or hold from
56 another jurisdiction or agency;
S. 3332 167
1 3. The [inmate] incarcerated individual is being transported at the
2 time bail or bond is paid or posted;
3 4. The [inmate] incarcerated individual is not in departmental custody
4 at the time bail or bond is paid or posted;
5 5. The [inmate] incarcerated individual requires immediate medical or
6 mental health treatment; or
7 6. Section 520.30 of the criminal procedure law necessitates a delay.
8 c. The department shall accept or facilitate the acceptance of cash
9 bail payments for [inmates] incarcerated individuals in the custody of
10 the department: (i) at any courthouse of the New York City Criminal
11 Court, (ii) at any location within one half mile of any such courthouse
12 during all operating hours of such courthouse and at least two hours
13 subsequent to such courthouse's closing, or (iii) online.
14 § 294. Subdivision a, the opening paragraph of subdivision b, subdivi-
15 sions c and d of section 9-149 of the administrative code of the city of
16 New York, as added by local law number 124 of the city of New York for
17 the year 2017, are amended to read as follows:
18 a. In order to facilitate the posting of bail, the department may
19 delay the transportation of an [inmate] incarcerated individual for
20 admission to a housing facility for not less than four and not more than
21 12 hours following the inmate's arraignment in criminal court if
22 requested by either the department or a not-for-profit corporation under
23 contract with the city to provide pretrial and other criminal justice
24 services, including interviewing adult defendants either before or after
25 such persons are arraigned on criminal charges, has made direct contact
26 with a person who reports that he or she will post bail for the [inmate]
27 incarcerated individual.
28 Such delay is not permissible for any [inmate] incarcerated individual
29 who:
30 c. This section does not require the department to exceed the lawful
31 capacity of any structure or unit, or require the department to detain
32 [inmates] incarcerated individuals in courthouse facilities during such
33 times as correctional staff are not regularly scheduled to detain
34 [inmates] incarcerated individuals provided that the department must
35 provide for the regular staffing of courthouse facilities for at least
36 one hour after the last [inmate] incarcerated individual was taken into
37 custody on bail.
38 d. Beginning July 1, 2018, the department or its designee shall submit
39 to the council an annual report regarding the implementation of subdivi-
40 sions a and b of this section. Such report shall include the following
41 information:
42 1. The locations in which the department has implemented the
43 provisions of this section;
44 2. In such locations, the number of [inmates] incarcerated individuals
45 whose admission to a housing facility was delayed pursuant to this
46 section;
47 3. The number and percentage of such [inmates] incarcerated individ-
48 uals who posted bail during such delay and the number and percentage of
49 such [inmates] incarcerated individuals who posted bail during the two
50 calendar days following such [inmates'] incarcerated individuals'
51 arraignment; and
52 4. The number of [inmates] incarcerated individuals whose admission to
53 a housing facility was delayed and who required medical treatment during
54 such period of delay.
55 § 295. Intentionally omitted.
S. 3332 168
1 § 296. Subdivision d of section 9-151 of the administrative code of
2 the city of New York, as added by local law number 168 of the city of
3 New York for the year 2017, is amended to read as follows:
4 d. The department of correction report shall include, but need not be
5 limited to, the following information, which shall be produced in a
6 format that protects the privacy interests of [inmates] incarcerated
7 individuals, including but not limited to those who have juvenile
8 records and sealed criminal records or are otherwise protected by state
9 or federal law. The student age as of the incident date will be used to
10 categorize the student as adolescent or young adult, for the purposes of
11 this reporting.
12 § 297. The second undesignated paragraph of subdivision a of section
13 9-152 of the administrative code of the city of New York, as added by
14 local law number 216 of the city of New York for the year 2017, is
15 amended to read as follows:
16 Incident. The term "incident" means any incident in which staff used
17 force on an [inmate] incarcerated individual.
18 § 298. The opening paragraph and paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9,
19 10, 12, 13, 14, 15, 33 and the opening paragraphs of paragraphs 11 and
20 16 of subdivision a of section 9-306 of the administrative code of the
21 city of New York, as added by local law number 86 of the city of New
22 York for the year 2015 and such section as renumbered by local law
23 number 25 of the city of New York for the year 2018, are amended to read
24 as follows:
25 Within 90 days of the beginning of each reporting period, the office
26 of criminal justice shall post on its website a report regarding bail
27 and the criminal justice system for the preceding reporting period. The
28 reporting period for paragraphs 1, 3, 14, and 15 of this subdivision is
29 quarterly, the reporting period for paragraphs 2, 4, 5, 6, 7, 8, 9, 10,
30 11, 12, 13, and 16 is semi-annually, and the reporting period for para-
31 graphs 17 through 33 is annually. For the purposes of this subdivision,
32 any [inmate] incarcerated individual incarcerated on multiple charges
33 shall be deemed to be incarcerated only on the most serious charge, a
34 violent felony shall be deemed to be more serious than a non-violent
35 felony of the same class, any [inmate] incarcerated individual incarcer-
36 ated on multiple charges of the same severity shall be deemed to be held
37 on each charge, any [inmate] incarcerated individual incarcerated on
38 multiple bail amounts shall be deemed to be held only on the highest
39 bail amount, any [inmate] incarcerated individual held on pending crimi-
40 nal charges who has a parole hold shall be deemed to be held only on the
41 parole hold, any [inmate] incarcerated individual held on pending crimi-
42 nal charges who has any other hold shall be deemed to be held only on
43 the pending criminal charges, and any [inmate] incarcerated individual
44 incarcerated on multiple cases in which sentence has been imposed on at
45 least one of such cases shall be deemed to be sentenced. Such report
46 shall contain the following information, for the preceding reporting
47 period or for the most recent reporting period for which such informa-
48 tion is available, to the extent such information is available:
49 1. The average daily population of [inmates] incarcerated individuals
50 in the custody of the department of correction.
51 2. The number of [inmates] incarcerated individuals admitted to the
52 custody of the department of correction during the reporting period who
53 had been sentenced to a definite sentence, the number held on pending
54 criminal charges, and the number in any other category.
55 3. Of the number of [inmates] incarcerated individuals in the custody
56 of the department of correction on the last Friday of each calendar
S. 3332 169
1 month of the reporting period, the percentage who had been sentenced to
2 a definite sentence, the percentage held on pending criminal charges,
3 and the percentage in any other category.
4 4. Of the number of [inmates] incarcerated individuals in the custody
5 of the department of correction on the last Friday of each calendar
6 month of the reporting period held on pending criminal charges, the
7 percentage who were remanded without bail.
8 5. The number of [inmates] incarcerated individuals in the custody of
9 the department of correction who were sentenced to a definite sentence
10 during the reporting period of the following length: (a) 1-15 days; (b)
11 16-30 days; (c) 31-90 days; (d) 91-180 days; or (e) more than 180 days.
12 6. Of the number [inmates] of incarcerated individuals in the custody
13 of the department of correction on the last Friday of each calendar
14 month of the reporting period who were sentenced to a definite sentence,
15 the percentage of [inmates] incarcerated individuals whose sentences
16 were of the following lengths: (a) 1-15 days; (b) 16-30 days; (c) 31-90
17 days; (d) 91-180 days; or (e) more than 180 days.
18 7. The number of [inmates] incarcerated individuals admitted to the
19 custody of the department of correction during the reporting period on
20 pending criminal charges who were charged with offenses of the following
21 severity: (a) class A felonies; (b) class B or C felonies; (c) class D
22 or E felonies; (d) misdemeanors; or (e) non-criminal charges.
23 8. Of the number of [inmates] incarcerated individuals in the custody
24 of the department of correction on the last Friday of each calendar
25 month of the reporting period held on pending criminal charges, the
26 percentage charged with offenses of the following severity: (a) class A
27 felonies; (b) class B or C felonies; (c) class D or E felonies; (d)
28 misdemeanors; or (e) non-criminal charges.
29 9. The number of [inmates] incarcerated individuals admitted to the
30 custody of the department of correction during the reporting period on
31 pending criminal charges who were charged with offenses of the following
32 severity: (a) class A felonies disaggregated by offense; (b) violent
33 felonies as defined in section 70.02 of the penal law; (c) non-violent
34 felonies as defined in section 70.02 of the penal law; (d) misdemeanors;
35 or (e) non-criminal charges.
36 10. Of the number of [inmates] incarcerated individuals in the custody
37 of the department of correction on the last Friday of each calendar
38 month of the reporting period held on pending criminal charges, the
39 percentage charged with offenses of the following severity: (a) class A
40 felonies disaggregated by offense; (b) violent felonies as defined in
41 section 70.02 of the penal law; (c) non-violent felonies as defined in
42 section 70.02 of the penal law; (d) misdemeanors; or (e) non-criminal
43 charges.
44 Of the number of [inmates] incarcerated individuals in the custody of
45 the department of correction on the last Friday of each calendar month
46 of the reporting period held on pending criminal charges, the percentage
47 charged with offenses of the following type, including the attempt to
48 commit any of such offense as defined in [section] article 110 of the
49 penal law:
50 12. The number of [inmates] incarcerated individuals admitted to the
51 custody of the department of correction during the reporting period on
52 pending criminal charges who were charged with offenses in the catego-
53 ries defined in subparagraphs a, b, and c of paragraph 11 of this subdi-
54 vision.
55 13. The number of [inmates] incarcerated individuals admitted to the
56 custody of the department of correction during the reporting period on
S. 3332 170
1 pending criminal charges who had bail fixed in the following amounts:
2 (a) $1; (b) $2-$500; (c) $501-$1000; (d) $1001-$2500; (e) $2501-$5000;
3 (f) $5001-$10,000; (g) $10,001-$25,000; (h) $25,001-$50,000; (i)
4 $50,001-$100,000; or (j) more than $100,000.
5 14. Of the number of [inmates] incarcerated individuals in the custody
6 of the department of correction on the final Friday of each calendar
7 month of the reporting period who were held on pending criminal charges,
8 the percentage who had bail fixed in the following amounts: (a) $1; (b)
9 $2-$500; (c) $501-$1000; (d) $1001-$2500; (e) $2501-$5000; (f)
10 $5001-$10,000; (g) $10,001-$25,000; (h) $25,001-$50,000; (i)
11 $50,001-$100,000; or (j) more than $100,000.
12 15. Of the number of [inmates] incarcerated individuals in the custody
13 of the department of correction on the final day of the reporting period
14 who were held on pending criminal charges, the percentage who had been
15 incarcerated for the following lengths of time: (a) 1-2 days; (b) 3-5
16 days; (c) 6-15 days; (d) 16-30 days; (e) 31-90 days; (f) 91-180 days;
17 (g) 180-365 days; or (h) more than 365 days.
18 The information in paragraphs 1, 5, 7, 9, 13, 15, 30, 31, 32, and 33
19 of this subdivision disaggregated by the borough in which the [inmate's]
20 incarcerated individual's case was pending. This data shall be listed
21 separately and shall also be compared to the following crime rates
22 disaggregated by borough:
23 33. Of the number of [inmates] incarcerated individuals in the custody
24 of the department of correction on the last Friday of each calendar
25 month who were held on pending criminal charges during the reporting
26 period, the percentage in which the status of the criminal case on the
27 final day of the reporting period is as follows: (a) the charges are
28 pending and the defendant was released by posting bail; (b) the charges
29 are pending and the defendant was released by court order; (c) the
30 charges are pending and the defendant was not released; (d) conviction
31 for a violent felony; (e) conviction for a non-violent felony; (f)
32 conviction for a misdemeanor; (g) conviction for a non-criminal offense;
33 (h) charges dismissed or adjourned in contemplation of dismissal; or (i)
34 any other disposition.
35 § 299. Subdivision (e) of section 11-4021 of the administrative code
36 of the city of New York, as amended by chapter 556 of the laws of 2011,
37 is amended to read as follows:
38 (e) In the alternative, the commissioner of finance may dispose of any
39 cigarettes seized pursuant to this section, except those that violate,
40 or are suspected of violating, federal trademark laws or import laws, by
41 transferring them to the department of correction for sale to or use by
42 [inmates] incarcerated individuals in such institutions.
43 § 300. Subdivision b of section 14-140 of the administrative code of
44 the city of New York, as amended by local law number 28 of the city of
45 New York for the year 1987, is amended to read as follows:
46 b. Custody of property and money. All property or money taken from the
47 person or possession of a prisoner, all property or money suspected of
48 having been unlawfully obtained or stolen or embezzled or of being the
49 proceeds of crime or derived through crime or derived through the
50 conversion of unlawfully acquired property or money or derived through
51 the use or sale of property prohibited by law from being held, used or
52 sold, all property or money suspected of having been used as a means of
53 committing crime or employed in aid or furtherance of crime or held,
54 used or sold in violation of law, all money or property suspected of
55 being the proceeds of or derived through bookmaking, policy, common
56 gambling, keeping a gambling place or device, or any other form of ille-
S. 3332 171
1 gal gambling activity and all property or money employed in or in
2 connection with or in furtherance of any such gambling activity, all
3 property or money taken by the police as evidence in a criminal investi-
4 gation or proceeding, all property or money taken from or surrendered by
5 a pawnbroker on suspicion of being the proceeds of crime or of having
6 been unlawfully obtained, held or used by the person who deposited the
7 same with the pawnbroker, all property or money which is lost or aban-
8 doned, all property or money left uncared for upon a public street,
9 public building or public place, all property or money taken from the
10 possession of a person appearing to be insane, intoxicated or otherwise
11 incapable of taking care of himself or herself, that shall come into the
12 custody of any member of the police force or criminal court, and all
13 property or money of [inmates] incarcerated individuals of any city
14 hospital, prison or institution except the property found on deceased
15 persons that shall remain unclaimed in its custody for a period of one
16 month, shall be given, as soon as practicable, into the custody of and
17 kept by the property clerk except that vehicles suspected of being
18 stolen or abandoned and evidence vehicles as defined in subdivision b of
19 section 20-495 of the code may be taken into custody in the manner
20 provided for in subdivision b of section 20-519 of the code.
21 § 301. Intentionally omitted.
22 § 302. Intentionally omitted.
23 § 303. Intentionally omitted.
24 § 304. The opening paragraph of subdivision a of section 17-199 of the
25 administrative code of the city of New York, as added by local law
26 number 58 of the city of New York for the year 2015, is amended to read
27 as follows:
28 The department shall submit to the mayor and the speaker of the coun-
29 cil no later than July 15, 2015, and every three months thereafter, a
30 report regarding the medical and mental health services provided to
31 [inmates] incarcerated individuals in city correctional facilities
32 during the previous three calendar months that includes, but need not be
33 limited to:
34 § 305. The fourth undesignated paragraph of section 17-1801 of the
35 administrative code of the city of New York, as added by local law
36 number 124 of the city of New York for the year 2016, is amended to read
37 as follows:
38 Health evaluation. The term "health evaluation" means any evaluation
39 of an [inmate's] incarcerated individual's health and mental health upon
40 their admission to the custody of the department of correction pursuant
41 to minimum standards of [inmate] incarcerated individual care estab-
42 lished by the board of correction.
43 § 306. Intentionally omitted.
44 § 307. Section 17-1804 of the administrative code of the city of New
45 York, as added by local law number 124 of the city of New York for the
46 year 2016, the section heading as amended by local law number 190 of the
47 city of New York for the year 2019, is amended to read as follows:
48 § 17-1804 Health information exchange for incarcerated individuals.
49 The department or its designee shall establish procedures to obtain the
50 pre-arraignment screening record created pursuant to section 17-1802 and
51 any medical records created and maintained by any hospital in connection
52 with treatment provided to an arrestee who subsequently enters the
53 custody of the department of correction, at the request of any health
54 care provider conducting a health evaluation of such [inmate] incarcer-
55 ated individuals.
56 § 308. Intentionally omitted.
S. 3332 172
1 § 309. Intentionally omitted.
2 § 310. Intentionally omitted.
3 § 311. Intentionally omitted.
4 § 312. Section 27-260 of the administrative code of the city of New
5 York is amended to read as follows:
6 § 27-260 Classification. Buildings and spaces shall be classified in
7 the institutional occupancy group when persons suffering from physical
8 limitations because of health or age are harbored therein for care or
9 treatment; when persons are detained therein for penal or correctional
10 purposes; or when the liberty of the [inmates] incarcerated individuals
11 is restricted. The institutional occupancy group consists of sub groups
12 H-1 and H-2.
13 § 313. Subdivision b of section 403.4.1 of chapter 4 of the New York
14 city plumbing code, as amended by local law number 79 of the city of New
15 York for the year 2016, is amended to read as follows:
16 b. Toilet facilities for employees shall be separate from facilities
17 for [inmates] incarcerated individuals or patients.
18 § 314. Subdivision e of section 13-c of the New York city charter, as
19 added by local law number 103 of the city of New York for the year 2016,
20 is amended to read as follows:
21 e. Four-year plan. Within one year after the completion of the first
22 biennial report required by subdivision d of this section, and in every
23 fourth calendar year thereafter, the coordinator shall prepare and
24 submit to the mayor and the council a four-year plan for providing
25 reentry services to those city residents who need such services. Such
26 plan may include recommendations for approaches to serving city resi-
27 dents in need of reentry services, including the establishment of an
28 initial point of access for individuals immediately upon their release
29 from the custody of the department of correction in a location adjacent
30 to Rikers Island or to the correctional facility that releases the most
31 [inmates] incarcerated individuals daily. Such report and plan shall
32 also identify obstacles to making such services available to all those
33 who need them and describe what additional resources would be necessary
34 to do so.
35 § 315. Paragraph 8 of subdivision d of section 556 of the New York
36 city charter, as added by a vote of the people of the city of New York
37 at the general election held in November of 2001, section 11 of proposal
38 number 5, is amended to read as follows:
39 (8) promote or provide medical and health services for the [inmates]
40 incarcerated individuals of prisons maintained and operated by the city;
41 § 316. Section 625 of the New York city charter is amended to read as
42 follows:
43 § 625. Labor of prisoners. Every [inmate] incarcerated individual of
44 an institution under the authority of the commissioner shall be employed
45 in some form of industry, in farming operations or other employment, and
46 products thereof shall be utilized in the institutions under the commis-
47 sioner or in any other agency. Those persons held for trial may be
48 employed in the same manner as sentenced prisoners, provided they give
49 their consent in writing. Such [inmates] incarcerated individuals or
50 prisoners held for trial may be detailed by the commissioner to perform
51 work or service on the grounds and buildings or on any public improve-
52 ment under the charge of any other agency.
53 § 317. Paragraph 1 of subdivision d of section 803 of the New York
54 city charter, as added by local law number 165 of the city of New York
55 for the year 2016, is amended to read as follows:
S. 3332 173
1 1. The commissioner shall, immediately upon appointment of the indi-
2 vidual described in paragraph 2 of this subdivision, in addition to the
3 investigatory work done in the normal course of the commissioner's
4 duties, on an ongoing basis, conduct system-wide investigations,
5 reviews, studies, and audits, and make recommendations regarding
6 system-wide operations, policies, programs, and practices of the depart-
7 ment of correction, with the goal of improving conditions in city jails,
8 including but not limited to, reducing violence in departmental facili-
9 ties, protecting the safety of departmental employees and [inmates]
10 incarcerated individuals, protecting the rights of [inmates] incarcerat-
11 ed individuals, and increasing the public's confidence in the department
12 of correction. The commissioner may consider, in addition to any other
13 information the commissioner deems relevant, information regarding civil
14 actions filed in state or federal court against individual correction
15 officers or the city regarding the department of correction, notices of
16 claim received by the comptroller filed against individual correction
17 officers or the city regarding the department of correction, settlements
18 by the comptroller of claims filed against individual correction offi-
19 cers or the city regarding the department of correction, complaints
20 received and investigations conducted by the board of correction,
21 complaints received and any investigations regarding such complaints
22 conducted by the department of correction, complaints received pursuant
23 to section 804 of this chapter, and any criminal arrests or investi-
24 gations of individual correction officers known to the department of
25 investigation in its ongoing review of the department of correction.
26 § 318. Subdivision 9 of section 1057-a of the New York city charter,
27 as added by local law number 138 of the city of New York for the year
28 2016, is amended to read as follows:
29 9. In addition to the other requirements of this section, the depart-
30 ment of correction shall implement and administer a program of distrib-
31 ution and submission of absentee ballot applications, and subsequently
32 received absentee ballots, for eligible [inmates] incarcerated individ-
33 uals. Such department shall offer, to all [inmates] incarcerated indi-
34 viduals who are registered to vote, absentee ballot applications, and a
35 means to complete them, during the period from sixty days prior to any
36 primary, special, or general election in the city of New York until two
37 weeks prior to any such election. Such department shall subsequently
38 provide any absentee ballot received from the board of elections in
39 response to any such application to the applicable [inmate] incarcerated
40 individual, as well as a means to complete it. Such department shall
41 provide assistance to any such [inmate] incarcerated individual in fill-
42 ing out such application or ballot upon request. Such department shall,
43 not later than five days after receipt, transmit such completed applica-
44 tions and ballots from any [inmate] incarcerated individual who wishes
45 to have them transmitted to the board of elections for the city of New
46 York. The provisions of this subdivision shall not apply in any specific
47 instance in which the department deems it unsafe to comply therewith.
48 § 319. Whenever the term "inmate" or any equivalent expression thereof
49 is used in any provision of law, such term shall be deemed to mean and
50 refer to an "incarcerated individual" or variation thereof.
51 § 320. Any provision of any act of the legislature enacted in the
52 calendar year in which this act is enacted, which contains a reference
53 to an inmate or an equivalent expression thereof shall be deemed to mean
54 or refer to an incarcerated individual as the context requires pursuant
55 to the provisions of this act.
S. 3332 174
1 § 321. The commissioner of the department of corrections and community
2 supervision and the commissioner of the department of criminal justice
3 services shall act to remove references to "inmate" or an equivalent
4 expression thereof from internal documents and replace such references
5 to "incarcerated individual" as the context requires.
6 § 322. This act shall take effect immediately, provided, however,
7 that:
8 1. the amendments to subdivision 1 of section 259-c of the executive
9 law made by section eight of this act shall be subject to the expiration
10 and reversion of such subdivision pursuant to subdivision d of section
11 74 of chapter 3 of the laws of 1995, as amended, when upon such date the
12 provisions of section eight-a of this act shall take effect;
13 2. the amendments to subdivision 2 of section 259-c of the executive
14 law made by section eight-b of this act shall take effect on the same
15 date and in the same manner as section 38-b of subpart A of part C of
16 chapter 62 of the laws of 2011, takes effect;
17 3. the amendments to paragraph (a) of subdivision 2 and paragraph (d)
18 of subdivision 3 of section 259-i of the executive law made by section
19 eleven of this act shall be subject to the expiration and reversion of
20 such paragraphs pursuant to subdivision d of section 74 of chapter 3 of
21 the laws of 1995, as amended, when upon such date the provisions of
22 section eleven-a of this act shall take effect;
23 4. the amendments to paragraph (a) of subdivision 1 of section 259-r
24 of the executive law made by section fourteen of this act shall be
25 subject to the expiration and reversion of such paragraph pursuant to
26 subdivision d of section 74 of chapter 3 of the laws of 1995, as
27 amended, when upon such date the provisions of section fourteen-a of
28 this act shall take effect;
29 5. the amendments to paragraph b of subdivision 2 of section 265 of
30 the executive law made by section sixteen of this act shall not affect
31 the repeal of such section and shall be deemed repealed therewith;
32 6. the amendments to paragraph (a-1) of subdivision 1 of section
33 2807-c of the public health law made by section fifty-three of this act
34 shall be subject to the expiration and reversion of such paragraph
35 pursuant to subdivision 5 of section 168 of chapter 639 of the laws of
36 1996, as amended, when upon such date the provisions of section fifty-
37 three-a of this act shall take effect;
38 7. the amendments to subdivision 5 of section 60.35 of the penal law
39 made by section one hundred three of this act shall be subject to the
40 expiration and reversion of such subdivision pursuant to subdivision h
41 of section 74 of chapter 3 of the laws of 1995, as amended, when upon
42 such date the provisions of section one hundred three-a of this act
43 shall take effect;
44 8. the amendments to paragraph (d) of subdivision 1 of section 70.20
45 of the penal law made by section one hundred four of this act shall be
46 subject to the expiration and reversion of such subdivision pursuant to
47 subdivision d of section 74 of chapter 3 of the laws of 1995, as
48 amended, when upon such date the provisions of section one hundred
49 four-a of this act shall take effect;
50 9. the amendments to subdivision 18 of section 2 of the correction law
51 made by section one hundred seven of this act shall be subject to the
52 expiration and reversion of such subdivision pursuant to subdivision (q)
53 of section 427 of chapter 55 of the laws of 1992, as amended, when upon
54 such date the provisions of section one hundred seven-a of this act
55 shall take effect;
S. 3332 175
1 10. the amendments to subdivision 17 of section 45 of the correction
2 law made by section one hundred twenty-one of this act shall not affect
3 the repeal of such subdivision and shall be deemed repealed therewith;
4 11. the amendments to subdivision 5 of section 72 of the correction
5 law made by section one hundred twenty-eight of this act shall be
6 subject to the expiration and reversion of such subdivision pursuant to
7 section 10 of chapter 339 of the laws of 1972, as amended, when upon
8 such date the provisions of section one hundred twenty-eight-a of this
9 act shall take effect;
10 12. the amendments to section 72-a of the correction law made by
11 section one hundred twenty-nine of this act shall not affect the expira-
12 tion of such section and shall be deemed to expire therewith;
13 13. the amendments to section 91 of the correction law made by section
14 one hundred forty-two of this act shall be subject to the expiration and
15 reversion of such section pursuant to section 8 of part H of chapter 56
16 of the laws of 2009, as amended, when upon such date the provisions of
17 section one hundred forty-two-a of this act shall take effect;
18 14. the amendments to section 92 of the correction law made by section
19 one hundred forty-three of this act shall be subject to the expiration
20 and reversion of such section pursuant to section 8 of part H of chapter
21 56 of the laws of 2009, as amended, when upon such date the provisions
22 of section one hundred forty-three-a of this act shall take effect;
23 15. the amendments to sections 500-b, 500-c, and 500-o of the
24 correction law made by sections one hundred ninety-eight, one hundred
25 ninety-nine, and two hundred three of this act shall not affect the
26 repeal of such sections and shall be deemed repealed therewith;
27 16. the amendments to subdivision (a) of section 601 of the correction
28 law made by section two hundred nine of this act shall be subject to the
29 expiration and reversion of such subdivision pursuant to subdivision d
30 of section 74 of chapter 3 of the laws of 1995, as amended, when upon
31 such date the provisions of section two hundred nine-a of this act shall
32 take effect;
33 17. the amendments to subdivision (b) of section 601 of the correction
34 law made by section two hundred nine-a of this act shall take effect on
35 the same date and in the same manner as section 6 of chapter 738 of the
36 laws of 2004, takes effect;
37 18. the amendments to article 22-A of the correction law made by
38 sections two hundred twenty, two hundred twenty-one, two hundred twen-
39 ty-two and two hundred twenty-three of this act shall not affect the
40 expiration of such article and shall be deemed to expire therewith;
41 19. the amendments to section 803 of the correction law made by
42 section two hundred twenty-four of this act shall be subject to the
43 expiration and reversion of such section pursuant to subdivision d of
44 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
45 date the provisions of section two hundred twenty-four-a of this act
46 shall take effect;
47 20. the amendments to section 805 of the correction law made by
48 section two hundred twenty-six of this act shall be subject to the expi-
49 ration and reversion of such section pursuant to subdivision d of
50 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
51 date the provisions of section two hundred twenty-six-a of this act
52 shall take effect;
53 21. the amendments to section 806 of the correction law made by
54 section two hundred twenty-seven of this act shall not affect the repeal
55 of such section and shall be deemed repealed therewith;
S. 3332 176
1 22. the amendments to subdivision 2 of section 851 of the correction
2 law made by section two hundred twenty-eight of this act shall be
3 subject to the expiration and reversion of such subdivision and section
4 pursuant to subdivision (c) of section 46 of chapter 60 of the laws of
5 1994 and section 10 of chapter 339 of the laws of 1972, as amended, when
6 upon such date the provisions of section two hundred twenty-eight-b of
7 this act shall take effect;
8 23. the amendments to section 851 of the correction law made by
9 sections two hundred twenty-eight-b and two hundred twenty-eight-c of
10 this act shall be subject to the expiration and reversion of such
11 section pursuant to subdivision (c) of section 46 of chapter 60 of the
12 laws of 1994, section 10 of chapter 339 of the laws of 1972, and section
13 5 of chapter 554 of the laws of 1986, as amended, when upon such date
14 section two hundred twenty-eight-d of this act shall take effect;
15 24. the amendments to section 851 of the correction law, made by
16 section two hundred twenty-eight-a of this act, shall not affect the
17 expiration and reversion of such section pursuant to chapter 339 of the
18 laws of 1972, as amended, and shall expire therewith, when upon such
19 date section two hundred twenty-eight-c of this act shall take effect;
20 25. the amendments to section 852 of the correction law, made by
21 section two hundred twenty-nine of this act shall be subject to the
22 expiration and reversion of such section pursuant to chapter 339 of the
23 laws of 1972, as amended, when upon such date the provisions of section
24 two hundred twenty-nine-a of this act shall take effect;
25 26. the amendments to section 855 of the correction law, made by
26 section two hundred thirty-one of this act, shall not affect the expira-
27 tion and reversion of such section pursuant to chapter 339 of the laws
28 of 1972, as amended, and shall expire therewith, when upon such date the
29 provisions of section two hundred thirty-one-a of this act shall take
30 effect;
31 27. the amendments to section 856 of the correction law made by
32 section two hundred thirty-two of this act shall be subject to the expi-
33 ration and reversion of such section pursuant to chapter 339 of the laws
34 of 1972, as amended, when upon such date the provisions of section two
35 hundred thirty-two-a of this act shall take effect;
36 27-a. the amendments to section 865 of the correction law made by
37 section two hundred thirty-seven of this act shall take effect on the
38 same date and in the same manner as section 2 of part KK of chapter 55
39 of the laws of 2019, takes effect;
40 28. the amendments to subdivision 9 of section 10 of the court of
41 claims act made by section two hundred forty-six of this act shall not
42 affect the expiration of such subdivision and shall be deemed to expire
43 therewith;
44 29. the amendments to subdivision (f) of section 1101 of the civil
45 practice law and rules made by section two hundred forty-nine of this
46 act shall not affect the expiration of such subdivision and shall be
47 deemed to expire therewith; and
48 30. the amendments to subdivision d of section 9-149 of the adminis-
49 trative code of the city of New York made by section two hundred nine-
50 ty-four of this act shall not affect the repeal of such subdivision and
51 shall be deemed repealed therewith.
