Authorizes the commissioner to place certain incarcerated individuals in home confinement during a declared state of emergency if such state of emergency conditions materially affect the functioning of the department of corrections and community supervision.
STATE OF NEW YORK
________________________________________________________________________
4339
2023-2024 Regular Sessions
IN SENATE
February 7, 2023
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to authorizing home
confinement for certain incarcerated individuals during a declared
state of emergency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 608
2 to read as follows:
3 § 608. Home confinement authority. 1. For purposes of this section,
4 "covered emergency period" shall mean the period beginning on the date
5 on which a state disaster emergency has been declared by the governor
6 pursuant to article two-B of the executive law and ending on the date
7 that is thirty days after the date on which such state disaster emergen-
8 cy has been lifted.
9 2. During a covered emergency period, if the commissioner shall deter-
10 mine that emergency conditions will materially affect the functioning of
11 the department, the commissioner shall have the authority to place any
12 incarcerated individual in home confinement for a period of time that
13 the commissioner deems appropriate.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00269-01-3