What's happening
This bill allows for the emergency release of certain incarcerated individuals to community supervision during a state disaster emergency.
Why it matters
Targets vulnerable populations. The bill specifically allows for the emergency release of immunocompromised or disabled individuals, pregnant women, women in nursery programs, and older adults (over 55) who have served at least half their sentence—groups more likely to be at risk during crises like pandemics or natural disasters.
Limits eligibility to lower-risk individuals. Only those who are close to their release date, have demonstrated rehabilitation, do not pose an unreasonable public safety risk, and have a stable place to live are eligible, aiming to balance public safety with humanitarian concerns.
Conditional and supervised release. Individuals released under this emergency provision remain under community supervision for the rest of their sentence, with the possibility of revocation or early termination, ensuring ongoing oversight rather than unconditional freedom.
Creates a rapid-response mechanism. By empowering the corrections commissioner to act during declared disasters, the bill establishes a framework for quickly reducing prison populations to protect health and safety, potentially setting a precedent for future emergencies.
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Who cares
Headline styles
Emergency Release for Inmates
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 10386a
- Amend and recommit to correction
- Referred to correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Emergency Prisoner Release Protocols
In Senate Committee · Codes · Sponsor Luis R. Sepúlveda
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10386--A
IN ASSEMBLY
May 4, 2020
Introduced by M. of A. WEPRIN, HYNDMAN, EPSTEIN, SEAWRIGHT, LIFTON, GLICK -- read once and referred to the Committee on Correction -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to establishing emergency release protocols during a time of crisis
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The correction law is amended by adding a new section 807 to read as follows:
§ 807. Emergency release during a time of crisis. 1. During a state disaster emergency, as defined in article two-B of the executive law, which places the lives, health or well-being of people in custody at risk, the commissioner shall have the authority to release to community supervision any person in custody who:
(a) is within two years of their earliest release date, has a reasonably stable living situation upon release, does not pose an unreasonable public safety risk and appears to be rehabilitated, is immunocompromised or has a disability as defined in paragraph (a) of subdivision twentyone of section two hundred ninety-two of the executive law;
(b) is a pregnant woman or a woman participating in the nursery program at a correctional facility who does not pose an unreasonable public safety risk and has a reasonably stable living situation upon release; or
(c) is a person over the age of fifty-five that has completed at least one half of their term or minimum term of sentence who has a reasonably stable living situation upon release and does not pose an unreasonable public safety risk.
2. Any individual released under these emergency circumstances shall remain under community supervision, unless such supervision is revoked pursuant to subdivision three of section two hundred fifty-nine-i of the executive law, for the remainder of their sentence or until such time that the commissioner decides it is appropriate to terminate such supervision pursuant to the limitations set forth in section two hundred five of this chapter.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16168-05-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.