BILL NUMBER: S7137
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the correction law, in relation to the establishment of
emergency management release plans to be developed for use in correc-
tional facilities in the event of a state disaster emergency declared
pursuant to executive order
 
PURPOSE OF BILL::
The purpose of this bill is to protect incarcerated individuals, correc-
tional staff, and surrounding communities from preventable consequences
of public health or disaster emergencies. When COVID-19 hit New York,
our correctional system was ill-prepared. The result was a higher level
of risk, harm, and loss than would have occurred had disaster management
plans been in effect. This bill requires a thoughtful and deliberate
process for the creation of such plans for each correctional facility.
 
SUMMARY OF PROVISIONS::
Section 1 of the bill amends the correction law by adding a new section
135 titled State Disaster Emergency Management Plan, with 14 subdivi-
sions.
Subdivision 1 of the new section 135 establishes an advisory board to
make recommendations to DOCCS regarding the development of emergency
management release plans for use during a state disaster emergency
declared pursuant to executive order.
Subdivision 2 sets forth the composition of the board's membership.
Subdivision 3 provides a process for filling vacancies on the board.
Subdivision 4 provides a process for electing a chair of the board and
establishes quorum requirements.
Subdivision 5 sets forth the duties of the advisory board, including
establishing requirements that board members visit facilities, that they
evaluate and make site-specific recommendations regarding facilities'
state disaster emergency plan - including a selection process for deter-
mining eligibility for emergency release, a process for evacuation of
incarcerated individuals who do not qualify for emergency release,
changes to facility operations to ensure the safety and well-being of
incarcerated individuals who remain incarcerated during a state disaster
emergency, and alternative methods to meet their needs.
Subdivision 6 requires state agencies and departments to assist the
advisory board as needed in the performance of their duties and provide
access to relevant information upon request.
Subdivision 7 prohibits the compensation of advisory board members but
allows their reimbursement for necessary and actual expenses.
Subdivision 8 authorizes the chair of the board to call meetings of the
board.
Subdivision 9 directs the board to issue its first general recommenda-
tions within 6 months of the effective date of this section, to issue
its facility-specific recommendations within 6 months of a visit to that
facility, and to update any recommendations it makes on at least an
annual basis.
Subdivision 10(a) directs DOCCS to develop and implement sustainable
facility-based emergency management release plans for use in correction-
al facilities in the event of a state disaster emergency declared pursu-
ant to executive order based on the advisory board's recommendations
within 1 year of receiving those recommendations and to update that plan
on at least an annual basis.
Subdivision 10(b) requires that emergency management release plans in
correctional facilities describe the procedures by which they will be
implemented, including factors to be considered in determining eligibil-
ity for emergency release and the reasons for any denials of eligibil-
ity.
Subdivision 11 specifies the factors to be considered when determining
eligibility for emergency release, including whether the individual is
terminally ill, is medically vulnerable, has additional documented
illness(es) verified by an independent medical professional that put
them at risk, is unlikely to pose a substantial risk of causing bodily
injury or inflicting physical violence against another person, is over
55 years of age, is a primary caregiver, is pregnant, has completed at
least half of their minimum sentence if serving and indeterminate
sentence or half of their sentence if serving a determinate sentence, or
will complete their sentence within 18 months of the enactment of this
section.
Subdivision 12 empowers DOCCS to act independently to implement the
emergency management release plans in correctional facilities upon the
declaration of a state disaster emergency by executive order.
Subdivision 13 requires DOCCS to provide the emergency management
release plan for each facility operated by DOCCS to the governor, the
state legislature, and the advisory board within 48 hours of the start
of a state disaster emergency declared by executive order, including a
certification that each facility has released the persons described
under this section, the identity of each person released pursuant to an
emergency management release plan, and the factors used to determine
their eligibility for emergency release, without invading the privacy of
those individuals.
Subdivision 14 defines terms used in this section. Section 2 provides
the effective date.
 
JUSTIFICATION::
The U.S. has the highest incarceration rate in the world. Facilities
often suffer from overcrowding and lack access to basic health Care.
Correctional facilities across the state have been devastated by the
COVID-19 pandemic, having dramatically high rates of infection, spread,
and mortality. DOCCS was not prepared for the onset of the COVID-19
public health emergency. Moreover, this danger extends beyond prison
walls, impacting staff and their communities. Because the majority of
incarcerated populations tend to come from low-income, disenfranchised
communities of color, the added health risks of being incarcerated
during a public health crisis exacerbate an already high-risk situation.
To reduce this cycle of suffering and death and prevent it from happen-
ing in the future, we must reimagine our entire system of incarceration
and how correctional facilities respond to state disaster emergencies
such as the COVID-19 pandemic. This bill creates a system of practical
responses that would protect incarcerated populations, correctional
facility staff, outside populations that interact with the criminal
justice system, and the interests of equity and justice.
 
PRIOR LEGISLATIVE HISTORY:: SENATE:
2024: S 309B (Salazar) - Referred to Crime Victims, Crime & Correction,
reported, passed Senate.
2023: S 309 (Salazar) - Referred to Crime Victims, Crime & Correction,
reported to Finance.
2022: S9423 (Salazar) - Referred to Crime Victims, Crime & Correction,
discharged and committed to Rules, passed Senate.
ASSEMBLY:
2024: A 9449 (Gibbs) - Referred to Correction.
 
FISCAL IMPLICATIONS::
TBD
 
EFFECTIVE DATE::
This act shall take effect on the one hundred eightieth day after it
shall have become a law.