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S8244Senate2019-2020 SessionSame asA10386

Emergency Prisoner Release Protocols

Official title

“Relates to establishing emergency release protocols during a time of crisis”

Sponsor Luis R. SepúlvedaSD-32+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
8/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill allows early release of certain vulnerable inmates to community supervision during a state disaster emergency.

Why it matters

  1. Targets vulnerable populations for early release. The bill specifically allows for the early release of inmates who are immunocompromised, disabled, pregnant, participating in a prison nursery program, or over the age of 55 and have served at least half their sentence—groups particularly at risk during public health crises.

  2. Requires safeguards for public safety and reentry. Release is only permitted if the individual does not pose an unreasonable public safety risk, appears rehabilitated (where relevant), and has a reasonably stable living situation upon release, balancing compassion with community safety.

  3. Limits and oversight for releasees. Those released under this emergency provision must remain under community supervision for the rest of their sentence (unless supervision is lawfully revoked or ended), ensuring ongoing oversight and the possibility of re-incarceration if supervision terms are violated.

  4. Empowers swift action during emergencies. By granting the corrections commissioner clear authority to act during state disaster emergencies, the bill enables a more agile response to protect inmate health and reduce the spread of disease or harm in correctional facilities.

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Who cares

  • State corrections officials

    The bill would authorize the commissioner to release eligible people to community supervision during a state disaster emergency that threatens people in custody.

  • Incarcerated people nearing release

    People within two years of their earliest release date could qualify under criteria addressing housing stability, public safety, rehabilitation, immune status or disability.

  • Pregnant incarcerated women and women in prison nursery programs

    They could qualify for emergency release if they have a reasonably stable living situation and do not pose an unreasonable public safety risk.

  • Incarcerated people over 55

    Those who have completed at least half their sentence or minimum term could qualify if they meet housing stability and public safety requirements.

Headline styles

Emergency Prisoner Release Protocols

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Luis R. Sepúlveda

Senator · Senate District 32

Chair, Crime Victims, Crime And Correction

History

  1. Committee discharged and committed to codes
  2. Print number 8244a
  3. Amend and recommit to crime victims, crime and correction
  4. Referred to crime victims, crime and 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.

A10386Assembly

Emergency Release for Inmates

In Assembly Committee · Correction · Sponsor David Weprin

Impact 8 · Significant0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8244--A

IN SENATE

April 27, 2020

Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and 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.

LBD16168-04-0

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the correction law, in relation to establishing emergen- cy release protocols during a time of crisis

Purpose

To authorize the department of corrections to release certain incarcer- ated individuals in an emergency.

Summary of provisions

Section 1 adds a new section 807 to the correction law identifying popu- lations eligible to be released in emergency situations.

Section 2 clarifies that individuals released under these emergency protocols shall remain under community supervision and shall remain subject to relevant community supervision provisions.

Section 3 provides an effective date.

Justification

COVID-19 hits hardest in dense population centers or clusters where people gather in close proximity. We have all been told to keep at least six feet away from other people, to wash our hands, clean door knobs and other hard surfaces that people touch with anti-viral cleaning agents, work from home, avoid all non-essential human contact. None of this is possible in prisons where nearly all movement is group movement, and where people live in open dorms with as many as 60 beds or in tiny cells with poor ventilation. Hundreds of correctional staff and incarcerated individuals have contracted the virus and, at the date of this writing, ten people have died. The prison population is on average older and sicker than the general population, so we can expect more deaths.

This bill, which would apply to any emergency situation in which lives were in danger, gives permission to the Commissioner of DOCCS to order parole release for people who are within two years of the end of their sentences, who have a home to go, and who do not pose an unreasonable public safety risk. Lowering the density of the prisons would allow officers and incarcerated individuals to better deal with the disease, to have more personal space, to be able to maintain order and hygiene. It also mandates the parole release of pregnant women and women living with children in prison nurseries, unless such women pose an exceptional public safety risk. It further gives the commissioner the discretion to release older people who have served at least half of their sentence; in the current situation, those people are especially vulnerable to the virus.

This bill would cut through red tape and would allow the decision to release incarcerated individuals to rest with the Department, the agency best suited to evaluate their dangerousness or suitability for release. Clearly if an individual violates the conditions of his or her parole release, he or she would be returned to prison.

This bill would allow the commissioner to release incarcerated individ- uals in order to save the lives of the vulnerable and to reduce the prison population in order to more efficiently and safely manage correc- tional facilities at a time of crisis.

Legislative history

New bill.

Fiscal implications

Will save the state money.

Effective date

This act shall take effect immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.