BILL NUMBER: S5293
SPONSOR: SEPULVEDA
TITLE OF BILL:
An act to amend the correction law, in relation to public health emer-
gency allowances against sentences for certain incarcerated individuals
PURPOSE::
To decrease the likelihood of transmission of a communicable or infec-
tious disease during a public health crisis in state correctional facil-
itates by creating a mechanism of release for certain incarcerated indi-
viduals.
SUMMARY OF PROVISIONS::
Section 1 amends the corrections law by adding a new section 803-c.
Section 2 provides an effective date.
JUSTIFICATION::
COVID-19 hits hardest in dense population centers or clusters where
people gather in close proximity. It is advised to maintain social
distance of at least 6 feet to mitigate the possibility of contracting
the virus, but it is nearly impossible to do so in correctional facili-
ties. The state's correctional facilities, by design and nature, lack
space for movement, and thus, COVID-19 is spreading within New York's
incarcerated population at a higher rate than the general population.
Mechanisms must be in place to lower the population in these facilities
in the case of a public health emergency, like COVID-19. This bill
creates a "public health allowance" credited against an inmate's term
served during a public health emergency of up to one year, allowing
individuals close to the end of a sentence of incarceration to secure
release in an effort to decrease the likelihood of transmission of a
communicable or infectious disease.
LEGISLATIVE HISTORY::
S.4341 of 2023-2024; Referred to Crime Victims, Crime and Correction;
S.3805 of 2021-22: New Bill, Referred to Crime Victims, Crime and
Correction
FISCAL IMPLICATIONS::
Will save the state money by lowering the prison population and lowering
medical costs for incarcerated people.
EFFECTIVE DATE::
Immediately.