Bill Text: NY A07866 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to replacing all instances of the words or variations of the words inmate or inmates with the words incarcerated individual or incarcerated individuals or variation thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to correction [A07866 Detail]
Download: New_York-2019-A07866-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7866 2019-2020 Regular Sessions IN ASSEMBLY May 24, 2019 ___________ Introduced by M. of A. AUBRY -- read once and referred to the Committee on Correction AN ACT to amend the civil service law, the election law, the executive law, the public officers law, the state finance law, the tax law, the workers' compensation law, the labor law, the transportation law, the vehicle and traffic law, the environmental conservation law, the public buildings law, the public health law, the general municipal law, the county law, the education law, the mental hygiene law, the retirement and social security law, the social services law, the general business law, the penal law, the correction law, the criminal procedure law, the surrogate's court procedure act, the New York city criminal court act, the court of claims act, the civil practice law and rules, the civil rights law, chapter 784 of the laws of 1951, constituting the New York state defense emergency act, the administra- tive code of the city of New York, and the New York city charter, in relation to replacing all instances of the words inmate or inmates with the words incarcerated individual or incarcerated individuals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 136 of the civil service law, as 2 amended by section 62 of subpart B of part C of chapter 62 of the laws 3 of 2011, is amended to read as follows: 4 1. The term "teacher", for purposes of this section, means any employ- 5 ee of a state facility or institution in the office of children and 6 family services in the executive department and in the departments of 7 corrections and community supervision, health, mental hygiene and social 8 services holding a position the principal duty of which is the teaching 9 or instruction of patients or [inmates] incarcerated individuals, or the 10 direct supervision of such teaching or instruction, including an insti- 11 tution education director, as determined by the department of civil 12 service subject to approval of the director of the budget. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11560-01-9A. 7866 2 1 § 2. Subdivision 1 of section 3-107 of the election law is amended to 2 read as follows: 3 1. Visit and inspect any house, dwelling, building, inn, lodginghouse, 4 boarding-house, rooming-house, or hotel and interrogate any [inmate] 5 incarcerated individual, house-dweller, keeper, caretaker, owner, 6 proprietor or landlord thereof or therein, as to any person or persons 7 residing or claiming to reside therein or thereat. 8 § 3. Subdivision 13 of section 5-210 of the election law, as amended 9 by chapter 179 of the laws of 2005, is amended to read as follows: 10 13. An affidavit or a signed statement by any officer or employee of 11 the state or county board of elections or any police officer, sheriff or 12 deputy sheriff, that such person visited the premises claimed by the 13 applicant as his or her residence and interrogated an [inmate] incarcer- 14 ated individual, house-dweller, keeper, caretaker, owner, proprietor or 15 landlord thereof or therein as to such applicant's residence therein or 16 thereat, and that he or she was informed by one or more such persons, 17 naming them, that they knew the persons residing upon such premises and 18 that the applicant did not reside upon such premises as set forth in his 19 or her application, shall be sufficient authority for a determination by 20 the board that the applicant is not entitled to registration or enroll- 21 ment; but this provision shall not preclude the board from making such 22 other determination, as the result of other inquiry, as it may deem 23 appropriate. 24 § 4. Paragraph (c) of subdivision 1 and subparagraph (iii) of para- 25 graph (c) of subdivision 4 of section 15-120 of the election law, as 26 added by chapter 289 of the laws of 2014, are amended to read as 27 follows: 28 (c) an [inmate] incarcerated individual or patient of a veteran's 29 administration hospital; or 30 (iii) an [inmate] incarcerated individual or patient of a veteran's 31 administration hospital; or 32 § 5. Subdivision 5 of section 16-108 of the election law is amended to 33 read as follows: 34 5. An affidavit by any officer or employee of the board of elections, 35 or by any police officer, sheriff or deputy sheriff, or by any special 36 investigator appointed by the state board of elections, that he or she 37 visited the premises claimed by the applicant as his or her residence 38 and that he interrogated an [inmate] incarcerated individual, housedwel- 39 ler, keeper, caretaker, owner, proprietor or landlord thereof or therein 40 as to the applicant's residence therein or thereat, and that he or she 41 was informed by one or more of such persons, naming them, that they knew 42 the persons residing upon such premises and that the applicant did not 43 reside upon such premises thirty days before the election, shall be 44 presumptive evidence against the right of the voter to register from 45 such premises. 46 § 6. Subdivision 6 of section 24 of the executive law, as added by 47 chapter 640 of the laws of 1978, is amended to read as follows: 48 6. Whenever a local state of emergency is declared by the chief execu- 49 tive of a local government pursuant to this section, the chief executive 50 of the county in which such local state of emergency is declared, or 51 where a county is wholly contained within a city, the mayor of such 52 city, may request the governor to remove all or any number of sentenced 53 [inmates] incarcerated individuals from institutions maintained by such 54 county in accordance with section ninety-three of the correction law. 55 § 7. Subdivision 4 of section 221-a of the executive law, as amended 56 by chapter 368 of the laws of 2013, is amended to read as follows:A. 7866 3 1 4. Courts and law enforcement officials, including probation officers, 2 and employees of local correctional facilities and the department of 3 corrections and community supervision who are responsible for monitor- 4 ing, supervising or classification of [inmates] incarcerated individuals 5 or parolees shall have the ability to disclose and share information 6 with respect to such orders and warrants consistent with the purposes of 7 this section, subject to applicable provisions of the family court act, 8 domestic relations law and criminal procedure law concerning the confi- 9 dentiality, sealing and expungement of records. 10 § 8. Subdivisions 1, 3, 4, 5, 8, 12 and 16 of section 259-c of the 11 executive law, as amended by section 38-b of subpart A of part C of 12 chapter 62 of the laws of 2011, are amended to read as follows: 13 1. have the power and duty of determining which [inmates] incarcerated 14 individuals serving an indeterminate or determinate sentence of impri- 15 sonment may be released on parole, or on medical parole pursuant to 16 section two hundred fifty-nine-r or section two hundred fifty-nine-s of 17 this article, and when and under what conditions; 18 3. determine, as each [inmate] incarcerated individual is received by 19 the department, the need for further investigation of the background of 20 such [inmate] incarcerated individual. Upon such determination, the 21 department shall cause such investigation as may be necessary to be made 22 as soon as practicable, the results of such investigation together with 23 all other information compiled by the department and the complete crimi- 24 nal record and family court record of such [inmate] incarcerated indi- 25 vidual to be filed so as to be readily available when the parole of such 26 [inmate] incarcerated individual is being considered; 27 4. establish written procedures for its use in making parole decisions 28 as required by law. Such written procedures shall incorporate risk and 29 needs principles to measure the rehabilitation of persons appearing 30 before the board, the likelihood of success of such persons upon 31 release, and assist members of the state board of parole in determining 32 which [inmates] incarcerated individuals may be released to parole 33 supervision; 34 5. through its members, officers and employees, study or cause to be 35 studied the [inmates] incarcerated individuals confined in institutions 36 over which the board has jurisdiction, so as to determine their ultimate 37 fitness to be paroled; 38 8. have the power and perform the duty, when requested by the gover- 39 nor, of reporting to the governor the facts, circumstances, criminal 40 records and social, physical, mental and psychiatric conditions and 41 histories of [inmates] incarcerated individuals under consideration by 42 the governor for pardon or commutation of sentence and of applicants for 43 restoration of the rights of citizenship; 44 12. to facilitate the supervision of all [inmates] incarcerated indi- 45 viduals released on community supervision the chairman of the state 46 board of parole shall consider the implementation of a program of gradu- 47 ated sanctions, including but not limited to the utilization of a risk 48 and needs assessment instrument that would be administered to all 49 [inmates] incarcerated individuals eligible for parole supervision. Such 50 a program would include various components including the use of alterna- 51 tives to incarceration for technical parole violations; 52 16. determine which [inmates] incarcerated individuals serving a defi- 53 nite sentence of imprisonment may be conditionally released from an 54 institution in which he or she is confined in accordance with subdivi- 55 sion two of section 70.40 of the penal law.A. 7866 4 1 § 8-a. Subdivision 1 of section 259-c of the executive law, as amended 2 by chapter 55 of the laws of 1992, is amended to read as follows: 3 1. have the power and duty of determining which [inmates] incarcerated 4 individuals serving an indeterminate sentence of imprisonment may be 5 released on parole, or on medical parole pursuant to section two hundred 6 fifty-nine-r of this article, and when and under what conditions; 7 § 8-b. Subdivision 2 of section 259-c of the executive law, as added 8 by chapter 904 of the laws of 1977 and amended by chapter 1 of the laws 9 of 1998, is amended to read as follows: 10 2. have the power and duty of determining the conditions of release of 11 the person who may be conditionally released or subject to a period of 12 post-release supervision under an indeterminate or reformatory sentence 13 of imprisonment and of determining which [inmates] incarcerated individ- 14 uals serving a definite sentence of imprisonment may be conditionally 15 released and when and under what conditions; 16 § 9. Section 259-e of the executive law, as amended by chapter 473 of 17 the laws of 2016, is amended to read as follows: 18 § 259-e. Institutional parole services. The department shall provide 19 institutional parole services. Such services shall include preparation 20 of reports and other data required by the state board of parole in the 21 exercise of its functions with respect to release on presumptive 22 release, parole, conditional release or post-release supervision of 23 [inmates] incarcerated individuals. Additionally, the department shall 24 determine which [inmates] incarcerated individuals are in need of a deaf 25 language interpreter or an English language interpreter, and shall 26 inform the board of such need within a reasonable period of time prior 27 to an [inmate's] incarcerated individual's scheduled appearance before 28 the board. Employees of the department who collect data, interview 29 [inmates] incarcerated individuals and prepare reports for the state 30 board of parole in institutions under the jurisdiction of the department 31 shall work under the direct supervision of the deputy commissioner of 32 the department in charge of program services. Data and reports submitted 33 to the board shall address the statutory factors to be considered by the 34 board pursuant to the relevant provisions of section two hundred fifty- 35 nine-i of this article. 36 § 10. The section heading and subdivisions 4 and 5 of section 259-h of 37 the executive law, as added by chapter 904 of the laws of 1977, are 38 amended to read as follows: 39 Parole eligibility for certain [inmates] incarcerated individuals 40 sentenced for crimes committed prior to September first, nineteen 41 hundred sixty-seven. 42 4. In calculating time required to be served prior to eligibility for 43 parole under the minimum periods of imprisonment established by this 44 section the following rules shall apply: 45 (a) Service of such time shall be deemed to have commenced on the day 46 the [inmate] incarcerated individual was received in an institution 47 under the jurisdiction of the department pursuant to the sentence; 48 (b) Where an [inmate] incarcerated individual is under more than one 49 sentence, (i) if the sentences run concurrently, the time served under 50 imprisonment on any of the sentences shall be credited against the mini- 51 mum periods of all the concurrent sentences, and (ii) if the sentences 52 run consecutively, the minimum periods of imprisonment shall merge in 53 and be satisfied by service of the period that has the longest unexpired 54 time to run; 55 (c) No credit shall be allowed for "good conduct and efficient and 56 willing performance of duties," under former section two hundred thirtyA. 7866 5 1 of the correction law, repealed by chapter four hundred seventy-six of 2 the laws of nineteen hundred seventy and continued in effect as to 3 certain [inmates] incarcerated individuals, or under any other provision 4 of law; 5 (d) Calculations with respect to "jail time" "time served under 6 vacated sentence" and interruption for "escape" shall be in accordance 7 with the provisions of subdivisions three, five and six of section 70.30 8 of the penal law as enacted by chapter ten hundred thirty of the laws of 9 nineteen hundred sixty-five, as amended. 10 5. The provisions of this section shall not be construed as diminish- 11 ing the discretionary authority of the board of parole to determine 12 whether or not an [inmate] incarcerated individual is to be paroled. 13 § 11. Paragraphs (a), (c), (d) and (e) of subdivision 2, paragraph (d) 14 of subdivision 3, paragraph (b) of subdivision 4 and paragraph (a) of 15 subdivision 6 of section 259-i of the executive law, paragraphs (a) and 16 (d) of subdivision 2 as amended by section 38-f-1 of subpart A of part C 17 of chapter 62 of the laws of 2011, paragraph (c) of subdivision 2 as 18 separately amended by chapters 40 and 126 of the laws of 1999, subpara- 19 graph (A) of paragraph (c) of subdivision 2 as amended by chapter 130 of 20 the laws of 2016, paragraph (e) of subdivision 2 as amended by chapter 21 120 of the laws of 2017, paragraph (d) of subdivision 3 as amended by 22 section 11 of part E of chapter 62 of the laws of 2003, paragraph (b) of 23 subdivision 4 as added by chapter 904 of the laws of 1977 and paragraph 24 (a) of subdivision 6 as amended by chapter 363 of the laws of 2012, are 25 amended to read as follows: 26 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at 27 least one month prior to the date on which an [inmate] incarcerated 28 individual may be paroled pursuant to subdivision one of section 70.40 29 of the penal law, a member or members as determined by the rules of the 30 board shall personally interview such [inmate] incarcerated individual 31 and determine whether he or she should be paroled in accordance with the 32 guidelines adopted pursuant to subdivision four of section two hundred 33 fifty-nine-c of this article. If parole is not granted upon such review, 34 the [inmate] incarcerated individual shall be informed in writing within 35 two weeks of such appearance of the factors and reasons for such denial 36 of parole. Such reasons shall be given in detail and not in conclusory 37 terms. The board shall specify a date not more than twenty-four months 38 from such determination for reconsideration, and the procedures to be 39 followed upon reconsideration shall be the same. If the [inmate] incar- 40 cerated individual is released, he or she shall be given a copy of the 41 conditions of parole. Such conditions shall where appropriate, include a 42 requirement that the parolee comply with any restitution order, mandato- 43 ry surcharge, sex offender registration fee and DNA databank fee previ- 44 ously imposed by a court of competent jurisdiction that applies to the 45 parolee. The conditions shall indicate which restitution collection 46 agency established under subdivision eight of section 420.10 of the 47 criminal procedure law, shall be responsible for collection of restitu- 48 tion, mandatory surcharge, sex offender registration fees and DNA data- 49 bank fees as provided for in section 60.35 of the penal law and section 50 eighteen hundred nine of the vehicle and traffic law. 51 (ii) Any [inmate] incarcerated individual who is scheduled for 52 presumptive release pursuant to section eight hundred six of the 53 correction law shall not appear before the board as provided in subpara- 54 graph (i) of this paragraph unless such [inmate's] incarcerated individ- 55 ual's scheduled presumptive release is forfeited, canceled, or rescinded 56 subsequently as provided in such law. In such event, the [inmate] incar-A. 7866 6 1 cerated individual shall appear before the board for release consider- 2 ation as provided in subparagraph (i) of this paragraph as soon there- 3 after as is practicable. 4 (c) (A) Discretionary release on parole shall not be granted merely as 5 a reward for good conduct or efficient performance of duties while 6 confined but after considering if there is a reasonable probability 7 that, if such [inmate] incarcerated individual is released, he or she 8 will live and remain at liberty without violating the law, and that his 9 or her release is not incompatible with the welfare of society and will 10 not so deprecate the seriousness of his or her crime as to undermine 11 respect for law. In making the parole release decision, the procedures 12 adopted pursuant to subdivision four of section two hundred fifty-nine-c 13 of this article shall require that the following be considered: (i) the 14 institutional record including program goals and accomplishments, 15 academic achievements, vocational education, training or work assign- 16 ments, therapy and interactions with staff and [inmates] incarcerated 17 individuals; (ii) performance, if any, as a participant in a temporary 18 release program; (iii) release plans including community resources, 19 employment, education and training and support services available to the 20 [inmate] incarcerated individual; (iv) any deportation order issued by 21 the federal government against the [inmate] incarcerated individual 22 while in the custody of the department and any recommendation regarding 23 deportation made by the commissioner of the department pursuant to 24 section one hundred forty-seven of the correction law; (v) any current 25 or prior statement made to the board by the crime victim or the victim's 26 representative, where the crime victim is deceased or is mentally or 27 physically incapacitated; (vi) the length of the determinate sentence to 28 which the [inmate] incarcerated individual would be subject had he or 29 she received a sentence pursuant to section 70.70 or section 70.71 of 30 the penal law for a felony defined in article two hundred twenty or 31 article two hundred twenty-one of the penal law; (vii) the seriousness 32 of the offense with due consideration to the type of sentence, length of 33 sentence and recommendations of the sentencing court, the district 34 attorney, the attorney for the [inmate] incarcerated individual, the 35 pre-sentence probation report as well as consideration of any mitigating 36 and aggravating factors, and activities following arrest prior to 37 confinement; and (viii) prior criminal record, including the nature and 38 pattern of offenses, adjustment to any previous probation or parole 39 supervision and institutional confinement. The board shall provide toll 40 free telephone access for crime victims. In the case of an oral state- 41 ment made in accordance with subdivision one of section 440.50 of the 42 criminal procedure law, the parole board member shall present a written 43 report of the statement to the parole board. A crime victim's represen- 44 tative shall mean the crime victim's closest surviving relative, the 45 committee or guardian of such person, or the legal representative of any 46 such person. Such statement submitted by the victim or victim's repre- 47 sentative may include information concerning threatening or intimidating 48 conduct toward the victim, the victim's representative, or the victim's 49 family, made by the person sentenced and occurring after the sentencing. 50 Such information may include, but need not be limited to, the threaten- 51 ing or intimidating conduct of any other person who or which is directed 52 by the person sentenced. Any statement by a victim or the victim's 53 representative made to the board shall be maintained by the department 54 in the file provided to the board when interviewing the [inmate] incar- 55 cerated individual in consideration of release. A victim or victim's 56 representative who has submitted a written request to the department forA. 7866 7 1 the transcript of such interview shall be provided such transcript as 2 soon as it becomes available. 3 (B) Where a crime victim or victim's representative as defined in 4 subparagraph (A) of this paragraph, or other person submits to the 5 parole board a written statement concerning the release of an [inmate] 6 incarcerated individual, the parole board shall keep that individual's 7 name and address confidential. 8 (d) (i) Notwithstanding the provisions of paragraphs (a), (b) and (c) 9 of this subdivision, after the [inmate] incarcerated individual has 10 served his or her minimum period of imprisonment imposed by the court, 11 or at any time after the [inmate's] incarcerated individual's period of 12 imprisonment has commenced for an [inmate] incarcerated individual serv- 13 ing a determinate or indeterminate term of imprisonment, provided that 14 the [inmate] incarcerated individual has had a final order of deporta- 15 tion issued against him or her and provided further that the [inmate] 16 incarcerated individual is not convicted of either an A-I felony offense 17 other than an A-I felony offense as defined in article two hundred twen- 18 ty of the penal law or a violent felony offense as defined in section 19 70.02 of the penal law, if the [inmate] incarcerated individual is 20 subject to deportation by the United States Bureau of Immigration and 21 Customs Enforcement, in addition to the criteria set forth in paragraph 22 (c) of this subdivision, the board may consider, as a factor warranting 23 earlier release, the fact that such [inmate] incarcerated individual 24 will be deported, and may grant parole from an indeterminate sentence or 25 release for deportation from a determinate sentence to such [inmate] 26 incarcerated individual conditioned specifically on his or her prompt 27 deportation. The board may make such conditional grant of early parole 28 from an indeterminate sentence or release for deportation from a deter- 29 minate sentence only where it has received from the United States Bureau 30 of Immigration and Customs Enforcement assurance (A) that an order of 31 deportation will be executed or that proceedings will promptly be 32 commenced for the purpose of deportation upon release of the [inmate] 33 incarcerated individual from the custody of the department of correc- 34 tional services, and (B) that the [inmate] incarcerated individual, if 35 granted parole or release for deportation pursuant to this paragraph, 36 will not be released from the custody of the United States Bureau of 37 Immigration and Customs Enforcement, unless such release be as a result 38 of deportation without providing the board a reasonable opportunity to 39 arrange for execution of its warrant for the retaking of such person. 40 (ii) An [inmate] incarcerated individual who has been granted parole 41 from an indeterminate sentence or release for deportation from a deter- 42 minate sentence pursuant to this paragraph shall be delivered to the 43 custody of the United States Bureau of Immigration and Customs Enforce- 44 ment along with the board's warrant for his or her retaking to be 45 executed in the event of his release from such custody other than by 46 deportation. In the event that such person is not deported, the board 47 shall execute the warrant, effect his return to imprisonment in the 48 custody of the department and within sixty days after such return, 49 provided that the person is serving an indeterminate sentence and the 50 minimum period of imprisonment has been served, personally interview him 51 or her to determine whether he or she should be paroled in accordance 52 with the provisions of paragraphs (a), (b) and (c) of this subdivision. 53 The return of a person granted parole from an indeterminate sentence or 54 release for deportation from a determinate sentence pursuant to this 55 paragraph for the reason set forth herein shall not be deemed to be a 56 parole delinquency and the interruptions specified in subdivision threeA. 7866 8 1 of section 70.40 of the penal law shall not apply, but the time spent in 2 the custody of the United States Bureau of Immigration and Customs 3 Enforcement shall be credited against the term of the sentence in 4 accordance with the rules specified in paragraph (c) of that subdivi- 5 sion. Notwithstanding any other provision of law, any [inmate] incarcer- 6 ated individual granted parole from an indeterminate sentence or release 7 for deportation from a determinate sentence pursuant to this paragraph 8 who is subsequently committed to imprisonment in the custody of the 9 department for a felony offense committed after release pursuant to this 10 paragraph shall have his parole eligibility date on the indeterminate 11 sentence for the new felony offense, or his or her conditional release 12 date on the determinate sentence for the new felony offense, as the case 13 may be, extended by the amount of time between the date on which such 14 [inmate] incarcerated individual was released from imprisonment in the 15 custody of the department pursuant to this paragraph and the date on 16 which such [inmate] incarcerated individual would otherwise have 17 completed service of the minimum period of imprisonment on the prior 18 felony offense. 19 (e) Notwithstanding the requirements of paragraph (a) of this subdivi- 20 sion, the determination to parole an [inmate] incarcerated individual 21 who has successfully completed the shock incarceration program pursuant 22 to section eight hundred sixty-seven of the correction law may be made 23 without a personal interview of the [inmate] incarcerated individual and 24 shall be made in accordance with procedures set forth in the rules of 25 the board. If parole is not granted, the time period for reconsideration 26 shall not exceed the court imposed minimum. 27 (d) If a finding of probable cause is made pursuant to this subdivi- 28 sion either by a determination at a preliminary hearing or by the waiver 29 thereof, or if the releasee has been convicted of a new crime while 30 under presumptive release, parole, conditional release or post-release 31 supervision, the board's rules shall provide for (i) declaring such 32 person to be delinquent as soon as practicable and shall require reason- 33 able and appropriate action to make a final determination with respect 34 to the alleged violation or (ii) ordering such person to be restored to 35 presumptive release, parole, conditional release or post-release super- 36 vision under such circumstances as it may deem appropriate or (iii) when 37 a presumptive releasee, parolee, conditional releasee or person on post- 38 release supervision has been convicted of a new felony committed while 39 under such supervision and a new indeterminate or determinate sentence 40 has been imposed, the board's rules shall provide for a final declara- 41 tion of delinquency. The [inmate] incarcerated individual shall then be 42 notified in writing that his or her release has been revoked on the 43 basis of the new conviction and a copy of the commitment shall accompany 44 said notification. The [inmate's] incarcerated individual's next appear- 45 ance before the board shall be governed by the legal requirements of 46 said new indeterminate or determinate sentence, or shall occur as soon 47 after a final reversal of the conviction as is practicable. 48 (b) Upon an appeal to the board, the [inmate] incarcerated individual 49 may be represented by an attorney. Where the [inmate] incarcerated indi- 50 vidual is financially unable to provide for his or her own attorney, 51 upon request an attorney shall be assigned pursuant to the provisions of 52 subparagraph (v) of paragraph (f) of subdivision three of this section. 53 (a) (i) The board shall provide for the making of a verbatim record of 54 each parole release interview, except where a decision is made to 55 release the [inmate] incarcerated individual to parole supervision, and 56 each preliminary and final revocation hearing, except when the decisionA. 7866 9 1 of the presiding officer after such hearings result in a dismissal of 2 all charged violations of parole, conditional release or post release 3 supervision. 4 (ii) Notwithstanding the provisions of subparagraph (i) of this para- 5 graph, the board shall provide for the making of a verbatim record of 6 each parole release interview in all proceedings where the [inmate] 7 incarcerated individual is a detained sex offender as such term is 8 defined in subdivision (g) of section 10.03 of the mental hygiene law. 9 Such record shall be provided to the office of mental health for use by 10 the multidisciplinary staff and the case review panel pursuant to 11 section 10.05 of the mental hygiene law. 12 § 11-a. Paragraph (a) of subdivision 2 and paragraph (d) of subdivi- 13 sion 3 of section 259-i of the executive law, paragraph (a) of subdivi- 14 sion 2 as amended by section 38-f-2 of subpart A of part C of chapter 62 15 of the laws of 2011 and paragraph (d) of subdivision 3 as amended by 16 chapter 413 of the laws of 1984, are amended to read as follows: 17 (a) At least one month prior to the expiration of the minimum period 18 or periods of imprisonment fixed by the court or board, a member or 19 members as determined by the rules of the board shall personally inter- 20 view an [inmate] incarcerated individual serving an indeterminate 21 sentence and determine whether he or she should be paroled at the expi- 22 ration of the minimum period or periods in accordance with the proce- 23 dures adopted pursuant to subdivision four of section two hundred 24 fifty-nine-c of this article. If parole is not granted upon such review, 25 the [inmate] incarcerated individual shall be informed in writing within 26 two weeks of such appearance of the factors and reasons for such denial 27 of parole. Such reasons shall be given in detail and not in conclusory 28 terms. The board shall specify a date not more than twenty-four months 29 from such determination for reconsideration, and the procedures to be 30 followed upon reconsideration shall be the same. If the [inmate] incar- 31 cerated individual is released, he or she shall be given a copy of the 32 conditions of parole. Such conditions shall where appropriate, include a 33 requirement that the parolee comply with any restitution order and 34 mandatory surcharge previously imposed by a court of competent jurisdic- 35 tion that applies to the parolee. The conditions shall indicate which 36 restitution collection agency established under subdivision eight of 37 section 420.10 of the criminal procedure law, shall be responsible for 38 collection of restitution and mandatory surcharge as provided for in 39 section 60.35 of the penal law and section eighteen hundred nine of the 40 vehicle and traffic law. 41 (d) If a finding of probable cause is made pursuant to this subdivi- 42 sion either by determination at a preliminary hearing or by the waiver 43 thereof, or if the releasee has been convicted of a new crime while 44 under his present parole or conditional release supervision, the board's 45 rules shall provide for (i) declaring such person to be delinquent as 46 soon as practicable and shall require reasonable and appropriate action 47 to make a final determination with respect to the alleged violation or 48 (ii) ordering such person to be restored to parole supervision under 49 such circumstances as it may deem appropriate or (iii) when a parolee or 50 conditional releasee has been convicted of a new felony committed while 51 under his or her present parole or conditional release supervision and a 52 new indeterminate sentence has been imposed, the board's rules shall 53 provide for a final declaration of delinquency. The [inmate] incarcerat- 54 ed individual shall then be notified in writing that his or her release 55 has been revoked on the basis of the new conviction and a copy of the 56 commitment shall accompany said notification. The [inmate's] incarcerat-A. 7866 10 1 ed individual's next appearance before the board shall be governed by 2 the legal requirements of said new indeterminate sentence, or shall 3 occur as soon after a final reversal of the conviction as is practica- 4 ble. 5 § 12. Subdivision 3 of section 259-k of the executive law, as amended 6 by section 38-i of subpart A of part C of chapter 62 of the laws of 7 2011, is amended to read as follows: 8 3. Members of the board and officers and employees of the department 9 providing community supervision services and designated by the commis- 10 sioner shall have free access to all [inmates] incarcerated individuals 11 confined in institutions under the jurisdiction of the department, the 12 office of children and family services and the department of mental 13 hygiene in order to enable them to perform their functions, provided, 14 however, that the department of mental hygiene may temporarily restrict 15 such access where it determines, for significant clinical reasons, that 16 such access would interfere with its care and treatment of the mentally 17 ill [inmate] incarcerated individual. If under the provisions of this 18 subdivision an [inmate] incarcerated individual is not accessible for 19 release consideration by the board, that [inmate] incarcerated individ- 20 ual shall be scheduled to see the board in the month immediately subse- 21 quent to the month within which he or she was not available. 22 § 13. Subdivision 1 of section 259-l of the executive law, as amended 23 by chapter 26 of the laws of 2018, is amended to read as follows: 24 1. It shall be the duty of the commissioner of corrections and commu- 25 nity supervision to ensure that all officers and employees of the 26 department shall at all times cooperate with the board of parole and 27 shall furnish to such members of the board and employees of the board 28 such information as may be appropriate to enable them to perform their 29 independent decision making functions. It is also his or her duty to 30 ensure that the functions of the board of parole are not hampered in any 31 way, including but not limited to: a restriction of resources including 32 staff assistance; limited access to vital information; and presentation 33 of [inmate] an incarcerated individual's information in a manner that 34 may inappropriately influence the board in its decision making. Where an 35 [inmate] incarcerated individual has appeared before the board prior to 36 having completed any program assigned by the department, and such 37 program remains incomplete by no fault of the [inmate] incarcerated 38 individual, and where the board has denied such [inmate] incarcerated 39 individual release pursuant to paragraph (a) of subdivision two of 40 section two hundred fifty-nine-i of this article, the department shall 41 prioritize such [inmate's] an incarcerated individual's placement into 42 the assigned program. 43 § 14. The section heading, subdivisions 1 and 2, paragraph (b) of 44 subdivision 4 and subdivisions 5, 9, 10 and 11 of section 259-r of the 45 executive law, the section heading, subdivisions 1 and 2, paragraph (b) 46 of subdivision 4, and subdivisions 5 and 9 as amended by section 38-l of 47 subpart A of part C of chapter 62 of the laws of 2011 and subdivisions 48 10 and 11 as added by section 1 of part A of chapter 55 of the laws of 49 2015, are amended to read as follows: 50 Release on medical parole for terminally ill [inmates] incarcerated 51 individuals. 1. (a) The board shall have the power to release on medical 52 parole any [inmate] incarcerated individual serving an indeterminate or 53 determinate sentence of imprisonment who, pursuant to subdivision two of 54 this section, has been certified to be suffering from a terminal condi- 55 tion, disease or syndrome and to be so debilitated or incapacitated as 56 to create a reasonable probability that he or she is physically orA. 7866 11 1 cognitively incapable of presenting any danger to society, provided, 2 however, that no [inmate] incarcerated individual serving a sentence 3 imposed upon a conviction for murder in the first degree or an attempt 4 or conspiracy to commit murder in the first degree shall be eligible for 5 such release, and provided further that no [inmate] incarcerated indi- 6 vidual serving a sentence imposed upon a conviction for any of the 7 following offenses shall be eligible for such release unless in the case 8 of an indeterminate sentence he or she has served at least one-half of 9 the minimum period of the sentence and in the case of a determinate 10 sentence he or she has served at least one-half of the term of his or 11 her determinate sentence: murder in the second degree, manslaughter in 12 the first degree, any offense defined in article one hundred thirty of 13 the penal law or an attempt to commit any of these offenses. Solely for 14 the purpose of determining medical parole eligibility pursuant to this 15 section, such one-half of the minimum period of the indeterminate 16 sentence and one-half of the term of the determinate sentence shall not 17 be credited with any time served under the jurisdiction of the depart- 18 ment prior to the commencement of such sentence pursuant to the opening 19 paragraph of subdivision one of section 70.30 of the penal law or subdi- 20 vision two-a of section 70.30 of the penal law, except to the extent 21 authorized by subdivision three of section 70.30 of the penal law. 22 (b) Such release shall be granted only after the board considers 23 whether, in light of the [inmate's] incarcerated individual's medical 24 condition, there is a reasonable probability that the [inmate] incarcer- 25 ated individual, if released, will live and remain at liberty without 26 violating the law, and that such release is not incompatible with the 27 welfare of society and will not so deprecate the seriousness of the 28 crime as to undermine respect for the law, and shall be subject to the 29 limits and conditions specified in subdivision four of this section. 30 Except as set forth in paragraph (a) of this subdivision, such release 31 may be granted at any time during the term of an [inmate's] incarcerated 32 individual's sentence, notwithstanding any other provision of law. 33 (c) The board shall afford notice to the sentencing court, the 34 district attorney and the attorney for the [inmate] incarcerated indi- 35 vidual that the [inmate] incarcerated individual is being considered for 36 release pursuant to this section and the parties receiving notice shall 37 have fifteen days to comment on the release of the [inmate] incarcerated 38 individual. Release on medical parole shall not be granted until the 39 expiration of the comment period provided for in this paragraph. 40 2. (a) The commissioner, on the commissioner's own initiative or at 41 the request of an [inmate] incarcerated individual, or an [inmate's] 42 incarcerated individual's spouse, relative or attorney, may, in the 43 exercise of the commissioner's discretion, direct that an investigation 44 be undertaken to determine whether a diagnosis should be made of an 45 [inmate] incarcerated individual who appears to be suffering from a 46 terminal condition, disease or syndrome. Any such medical diagnosis 47 shall be made by a physician licensed to practice medicine in this state 48 pursuant to section sixty-five hundred twenty-four of the education law. 49 Such physician shall either be employed by the department, shall render 50 professional services at the request of the department, or shall be 51 employed by a hospital or medical facility used by the department for 52 the medical treatment of [inmates] incarcerated individuals. The diagno- 53 sis shall be reported to the commissioner and shall include but shall 54 not be limited to a description of the terminal condition, disease or 55 syndrome suffered by the [inmate] incarcerated individual, a prognosis 56 concerning the likelihood that the [inmate] incarcerated individual willA. 7866 12 1 not recover from such terminal condition, disease or syndrome, a 2 description of the [inmate's] incarcerated individual's physical or 3 cognitive incapacity which shall include a prediction respecting the 4 likely duration of the incapacity, and a statement by the physician of 5 whether the [inmate] incarcerated individual is so debilitated or inca- 6 pacitated as to be severely restricted in his or her ability to self-am- 7 bulate or to perform significant normal activities of daily living. This 8 report also shall include a recommendation of the type and level of 9 services and treatment the [inmate] incarcerated individual would 10 require if granted medical parole and a recommendation for the types of 11 settings in which the services and treatment should be given. 12 (b) The commissioner, or the commissioner's designee, shall review the 13 diagnosis and may certify that the [inmate] incarcerated individual is 14 suffering from such terminal condition, disease or syndrome and that the 15 [inmate] incarcerated individual is so debilitated or incapacitated as 16 to create a reasonable probability that he or she is physically or 17 cognitively incapable of presenting any danger to society. If the 18 commissioner does not so certify then the [inmate] incarcerated individ- 19 ual shall not be referred to the board for consideration for release on 20 medical parole. If the commissioner does so certify, then the commis- 21 sioner shall, within seven working days of receipt of such diagnosis, 22 refer the [inmate] incarcerated individual to the board for consider- 23 ation for release on medical parole. However, no such referral of an 24 [inmate] incarcerated individual to the board shall be made unless the 25 [inmate] incarcerated individual has been examined by a physician and 26 diagnosed as having a terminal condition, disease or syndrome as previ- 27 ously described herein at some time subsequent to such [inmate's] incar- 28 cerated individual's admission to a facility operated by the department 29 of correctional services. 30 (c) When the commissioner refers an [inmate] incarcerated individual 31 to the board, the commissioner shall provide an appropriate medical 32 discharge plan established by the department. The department is author- 33 ized to request assistance from the department of health and from the 34 county in which the [inmate] incarcerated individual resided and commit- 35 ted his or her crime, which shall provide assistance with respect to the 36 development and implementation of a discharge plan, including potential 37 placements of a releasee. The department and the department of health 38 shall jointly develop standards for the medical discharge plan that are 39 appropriately adapted to the criminal justice setting, based on stand- 40 ards established by the department of health for hospital medical 41 discharge planning. The board may postpone its decision pending 42 completion of an adequate discharge plan, or may deny release based on 43 inadequacy of the discharge plan. 44 (b) The board shall require as a condition of release on medical 45 parole that the releasee agree to remain under the care of a physician 46 while on medical parole and in a hospital established pursuant to arti- 47 cle twenty-eight of the public health law, a hospice established pursu- 48 ant to article forty of the public health law or any other placement 49 that can provide appropriate medical care as specified in the medical 50 discharge plan required by subdivision two of this section. The medical 51 discharge plan shall state that the availability of the placement has 52 been confirmed, and by whom. Notwithstanding any other provision of law, 53 when an [inmate] incarcerated individual who qualifies for release under 54 this section is cognitively incapable of signing the requisite documen- 55 tation to effectuate the medical discharge plan and, after a diligent 56 search no person has been identified who could otherwise be appointed asA. 7866 13 1 the [inmate's] incarcerated individual's guardian by a court of compe- 2 tent jurisdiction, then, solely for the purpose of implementing the 3 medical discharge plan, the facility health services director at the 4 facility where the [inmate] incarcerated individual is currently incar- 5 cerated shall be lawfully empowered to act as the [inmate's] incarcerat- 6 ed individual's guardian for the purpose of effectuating the medical 7 discharge. 8 5. A denial of release on medical parole or expiration of medical 9 parole in accordance with the provisions of paragraph (f) of subdivision 10 four of this section shall not preclude the [inmate] incarcerated indi- 11 vidual from reapplying for medical parole or otherwise affect an 12 [inmate's] incarcerated individual's eligibility for any other form of 13 release provided for by law. 14 9. The chairman shall report annually to the governor, the temporary 15 president of the senate and the speaker of the assembly, the chair- 16 persons of the assembly and senate codes committees, the chairperson of 17 the senate crime and corrections committee, and the chairperson of the 18 assembly corrections committee the number of [inmates] incarcerated 19 individuals who have applied for medical parole; the number who have 20 been granted medical parole; the nature of the illness of the appli- 21 cants, the counties to which they have been released and the nature of 22 the placement pursuant to the medical discharge plan; the categories of 23 reasons for denial for those who have been denied; the number of releas- 24 ees who have been granted an additional period or periods of medical 25 parole and the number of such grants; the number of releasees on medical 26 parole who have been returned to imprisonment in the custody of the 27 department and the reasons for return. 28 10. Notwithstanding any other provision of law, in the case of an 29 [inmate] incarcerated individual whose terminal condition, disease or 30 syndrome meets the criteria for medical parole as set forth in paragraph 31 (a) of subdivision one of this section, and who is not serving a 32 sentence for one or more offenses set forth in paragraph (i) of subdivi- 33 sion one of section eight hundred six of the correction law which would 34 render such [inmate] incarcerated individual ineligible for presumptive 35 release, the granting of medical parole shall be determined by the 36 commissioner provided that a release of such [inmate] incarcerated indi- 37 vidual shall be in accordance with subdivision eleven of this section. 38 In such case, the provisions that would have applied to and the proce- 39 dures that would have been followed by the board of parole pursuant to 40 this section shall apply to and be followed by the commissioner. 41 11. (a) After the commissioner has made a determination to grant 42 medical parole pursuant to subdivision ten of this section, the commis- 43 sioner shall notify the chairperson of the board of parole, or their 44 designee who shall be a member of the board of parole, and provide him 45 or her with all relevant records, files, information and documentation, 46 which includes but is not limited to the criminal history, medical diag- 47 nosis and treatment pertaining to the terminally ill [inmate] incarcer- 48 ated individual no more than five days from the date of the determi- 49 nation. (b) The chairperson or his or her designee shall either accept 50 the commissioner's grant of medical parole, in which case the [inmate] 51 incarcerated individual may be released by the commissioner, or conduct 52 further review. This decision or review shall be made within five days 53 of the receipt of the relevant records, files, information and documen- 54 tation from the commissioner. The chairperson's further review may 55 include, but not be limited to, an appearance by the terminally ill 56 [inmate] incarcerated individual before the chairperson or his or herA. 7866 14 1 designee. (c) After this further review, the chairperson shall either 2 accept the commissioner's grant of medical parole, in which case the 3 [inmate] incarcerated individual may be released by the commissioner, or 4 the chairperson shall schedule an appearance for the terminally ill 5 [inmate] incarcerated individual before the board of parole. 6 In the event the terminally ill [inmate] incarcerated individual is 7 scheduled to make an appearance before the board of parole pursuant to 8 this subdivision, the matter shall be heard by a panel that does not 9 include the chairperson or any member of the board of parole who was 10 involved in the review of the commissioner's determination. 11 § 14-a. Paragraph (a) of subdivision 1 of section 259-r of the execu- 12 tive law, as amended by section 38-l-1 of subpart A of part C of chapter 13 62 of the laws of 2011, is amended to read as follows: 14 (a) The board shall have the power to release on medical parole any 15 [inmate] incarcerated individual serving an indeterminate or determinate 16 sentence of imprisonment who, pursuant to subdivision two of this 17 section, has been certified to be suffering from a terminal condition, 18 disease or syndrome and to be so debilitated or incapacitated as to 19 create a reasonable probability that he or she is physically or cogni- 20 tively incapable of presenting any danger to society, provided, however, 21 that no [inmate] incarcerated individual serving a sentence imposed upon 22 a conviction for murder in the first degree or an attempt or conspiracy 23 to commit murder in the first degree shall be eligible for such release, 24 and provided further that no [inmate] incarcerated individual serving a 25 sentence imposed upon a conviction for any of the following offenses 26 shall be eligible for such release unless in the case of an indetermi- 27 nate sentence he or she has served at least one-half of the minimum 28 period of the sentence and in the case of a determinate sentence he or 29 she has served at least one-half of the term of his or her determinate 30 sentence: murder in the second degree, manslaughter in the first 31 degree, any offense defined in article one hundred thirty of the penal 32 law or an attempt to commit any of these offenses. Solely for the 33 purpose of determining medical parole eligibility pursuant to this 34 section, such one-half of the minimum period of the indeterminate 35 sentence and one-half of the term of the determinate sentence shall not 36 be credited with any time served under the jurisdiction of the depart- 37 ment prior to the commencement of such sentence pursuant to the opening 38 paragraph of subdivision one of section 70.30 of the penal law or subdi- 39 vision two-a of section 70.30 of the penal law, except to the extent 40 authorized by subdivision three of section 70.30 of the penal law. 41 § 15. Section 259-s of the executive law, as amended by section 38-m 42 of subpart A of part C of chapter 62 of the laws of 2011, is amended to 43 read as follows: 44 § 259-s. Release on medical parole for [inmates] incarcerated individ- 45 uals suffering significant debilitating illnesses. 1. (a) The board 46 shall have the power to release on medical parole any [inmate] incarcer- 47 ated individual serving an indeterminate or determinate sentence of 48 imprisonment who, pursuant to subdivision two of this section, has been 49 certified to be suffering from a significant and permanent non-terminal 50 condition, disease or syndrome that has rendered the [inmate] incarcer- 51 ated individual so physically or cognitively debilitated or incapaci- 52 tated as to create a reasonable probability that he or she does not 53 present any danger to society, provided, however, that no [inmate] 54 incarcerated individual serving a sentence imposed upon a conviction for 55 murder in the first degree or an attempt or conspiracy to commit murder 56 in the first degree shall be eligible for such release, and providedA. 7866 15 1 further that no [inmate] incarcerated individual serving a sentence 2 imposed upon a conviction for any of the following offenses shall be 3 eligible for such release unless in the case of an indeterminate 4 sentence he or she has served at least one-half of the minimum period of 5 the sentence and in the case of a determinate sentence he or she has 6 served at least one-half of the term of his or her determinate sentence: 7 murder in the second degree, manslaughter in the first degree, any 8 offense defined in article one hundred thirty of the penal law or an 9 attempt to commit any of these offenses. Solely for the purpose of 10 determining medical parole eligibility pursuant to this section, such 11 one-half of the minimum period of the indeterminate sentence and one- 12 half of the term of the determinate sentence shall not be credited with 13 any time served under the jurisdiction of the department prior to the 14 commencement of such sentence pursuant to the opening paragraph of 15 subdivision one of section 70.30 of the penal law or subdivision two-a 16 of section 70.30 of the penal law, except to the extent authorized by 17 subdivision three of section 70.30 of the penal law. 18 (b) Such release shall be granted only after the board considers 19 whether, in light of the [inmate's] incarcerated individual's medical 20 condition, there is a reasonable probability that the [inmate] incarcer- 21 ated individual, if released, will live and remain at liberty without 22 violating the law, and that such release is not incompatible with the 23 welfare of society and will not so deprecate the seriousness of the 24 crime as to undermine respect for the law, and shall be subject to the 25 limits and conditions specified in subdivision four of this section. In 26 making this determination, the board shall consider: (i) the nature and 27 seriousness of the [inmate's] incarcerated individual's crime; (ii) the 28 [inmate's] incarcerated individual's prior criminal record; (iii) the 29 [inmate's] incarcerated individual's disciplinary, behavioral and reha- 30 bilitative record during the term of his or her incarceration; (iv) the 31 amount of time the [inmate] incarcerated individual must serve before 32 becoming eligible for release pursuant to section two hundred fifty- 33 nine-i of this article; (v) the current age of the [inmate] incarcerated 34 individual and his or her age at the time of the crime; (vi) the recom- 35 mendations of the sentencing court, the district attorney and the victim 36 or the victim's representative; (vii) the nature of the [inmate's] 37 incarcerated individual's medical condition, disease or syndrome and the 38 extent of medical treatment or care that the [inmate] incarcerated indi- 39 vidual will require as a result of that condition, disease or syndrome; 40 and (viii) any other relevant factor. Except as set forth in paragraph 41 (a) of this subdivision, such release may be granted at any time during 42 the term of an [inmate's] incarcerated individual's sentence, notwith- 43 standing any other provision of law. 44 (c) The board shall afford notice to the sentencing court, the 45 district attorney, the attorney for the [inmate] incarcerated individual 46 and, where necessary pursuant to subdivision two of section two hundred 47 fifty-nine-i of this article, the crime victim, that the [inmate] incar- 48 cerated individual is being considered for release pursuant to this 49 section and the parties receiving notice shall have thirty days to 50 comment on the release of the [inmate] incarcerated individual. Release 51 on medical parole shall not be granted until the expiration of the 52 comment period provided for in this paragraph. 53 2. (a) The commissioner, on the commissioner's own initiative or at 54 the request of an [inmate] incarcerated individual, or an [inmate's] 55 incarcerated individual's spouse, relative or attorney, may, in the 56 exercise of the commissioner's discretion, direct that an investigationA. 7866 16 1 be undertaken to determine whether a diagnosis should be made of an 2 [inmate] incarcerated individual who appears to be suffering from a 3 significant and permanent non-terminal and incapacitating condition, 4 disease or syndrome. Any such medical diagnosis shall be made by a 5 physician licensed to practice medicine in this state pursuant to 6 section sixty-five hundred twenty-four of the education law. Such physi- 7 cian shall either be employed by the department, shall render profes- 8 sional services at the request of the department, or shall be employed 9 by a hospital or medical facility used by the department for the medical 10 treatment of [inmates] incarcerated individuals. The diagnosis shall be 11 reported to the commissioner and shall include but shall not be limited 12 to a description of the condition, disease or syndrome suffered by the 13 [inmate] incarcerated individual, a prognosis concerning the likelihood 14 that the [inmate] incarcerated individual will not recover from such 15 condition, disease or syndrome, a description of the [inmate's] incar- 16 cerated individual's physical or cognitive incapacity which shall 17 include a prediction respecting the likely duration of the incapacity, 18 and a statement by the physician of whether the [inmate] incarcerated 19 individual is so debilitated or incapacitated as to be severely 20 restricted in his or her ability to self-ambulate or to perform signif- 21 icant normal activities of daily living. This report also shall include 22 a recommendation of the type and level of services and treatment the 23 [inmate] incarcerated individual would require if granted medical parole 24 and a recommendation for the types of settings in which the services and 25 treatment should be given. 26 (b) The commissioner, or the commissioner's designee, shall review the 27 diagnosis and may certify that the [inmate] incarcerated individual is 28 suffering from such condition, disease or syndrome and that the [inmate] 29 incarcerated individual is so debilitated or incapacitated as to create 30 a reasonable probability that he or she is physically or cognitively 31 incapable of presenting any danger to society. If the commissioner does 32 not so certify then the [inmate] incarcerated individual shall not be 33 referred to the board for consideration for release on medical parole. 34 If the commissioner does so certify, then the commissioner shall, within 35 seven working days of receipt of such diagnosis, refer the [inmate] 36 incarcerated individual to the board for consideration for release on 37 medical parole. However, no such referral of an [inmate] incarcerated 38 individual to the board of parole shall be made unless the [inmate] 39 incarcerated individual has been examined by a physician and diagnosed 40 as having a condition, disease or syndrome as previously described here- 41 in at some time subsequent to such [inmate's] incarcerated individual's 42 admission to a facility operated by the department. 43 (c) When the commissioner refers an [inmate] incarcerated individual 44 to the board, the commissioner shall provide an appropriate medical 45 discharge plan established by the department. The department is author- 46 ized to request assistance from the department of health and from the 47 county in which the [inmate] incarcerated individual resided and commit- 48 ted his or her crime, which shall provide assistance with respect to the 49 development and implementation of a discharge plan, including potential 50 placements of a releasee. The department and the department of health 51 shall jointly develop standards for the medical discharge plan that are 52 appropriately adapted to the criminal justice setting, based on stand- 53 ards established by the department of health for hospital medical 54 discharge planning. The board may postpone its decision pending 55 completion of an adequate discharge plan, or may deny release based on 56 inadequacy of the discharge plan.A. 7866 17 1 3. Any certification by the commissioner or the commissioner's desig- 2 nee pursuant to this section shall be deemed a judicial function and 3 shall not be reviewable if done in accordance with law. 4 4. (a) Medical parole granted pursuant to this section shall be for a 5 period of six months. 6 (b) The board shall require as a condition of release on medical 7 parole that the releasee agree to remain under the care of a physician 8 while on medical parole and in a hospital established pursuant to arti- 9 cle twenty-eight of the public health law, a hospice established pursu- 10 ant to article forty of the public health law or any other placement, 11 including a residence with family or others, that can provide appropri- 12 ate medical care as specified in the medical discharge plan required by 13 subdivision two of this section. The medical discharge plan shall state 14 that the availability of the placement has been confirmed, and by whom. 15 Notwithstanding any other provision of law, when an [inmate] incarcerat- 16 ed individual who qualifies for release under this section is cognitive- 17 ly incapable of signing the requisite documentation to effectuate the 18 medical discharge plan and, after a diligent search no person has been 19 identified who could otherwise be appointed as the [inmate's] incarcer- 20 ated individual's guardian by a court of competent jurisdiction, then, 21 solely for the purpose of implementing the medical discharge plan, the 22 facility health services director at the facility where the [inmate] 23 incarcerated individual is currently incarcerated shall be lawfully 24 empowered to act as the [inmate's] incarcerated individual's guardian 25 for the purpose of effectuating the medical discharge. 26 (c) Where appropriate, the board shall require as a condition of 27 release that medical parolees be supervised on intensive caseloads at 28 reduced supervision ratios. 29 (d) The board shall require as a condition of release on medical 30 parole that the releasee undergo periodic medical examinations and a 31 medical examination at least one month prior to the expiration of the 32 period of medical parole and, for the purposes of making a decision 33 pursuant to paragraph (e) of this subdivision, that the releasee provide 34 the board with a report, prepared by the treating physician, of the 35 results of such examination. Such report shall specifically state wheth- 36 er or not the parolee continues to suffer from a significant and perma- 37 nent non-terminal and debilitating condition, disease, or syndrome, and 38 to be so debilitated or incapacitated as to be severely restricted in 39 his or her ability to self-ambulate or to perform significant normal 40 activities of daily living. 41 (e) Prior to the expiration of the period of medical parole the board 42 shall review the medical examination report required by paragraph (d) of 43 this subdivision and may again grant medical parole pursuant to this 44 section; provided, however, that the provisions of paragraph (c) of 45 subdivision one and subdivision two of this section shall not apply. 46 (f) If the updated medical report presented to the board states that a 47 parolee released pursuant to this section is no longer so debilitated or 48 incapacitated as to create a reasonable probability that he or she is 49 physically or cognitively incapable of presenting any danger to society 50 or if the releasee fails to submit the updated medical report then the 51 board may not make a new grant of medical parole pursuant to paragraph 52 (e) of this subdivision. Where the board has not granted medical parole 53 pursuant to such paragraph (e) the board shall promptly conduct through 54 one of its members, or cause to be conducted by a hearing officer desig- 55 nated by the board, a hearing to determine whether the releasee is 56 suffering from a significant and permanent non-terminal and incapacitat-A. 7866 18 1 ing condition, disease or syndrome and is so debilitated or incapaci- 2 tated as to create a reasonable probability that he or she is physically 3 or cognitively incapable of presenting any danger to society and does 4 not present a danger to society. If the board makes such a determination 5 then it may make a new grant of medical parole pursuant to the standards 6 of paragraph (b) of subdivision one of this section. At the hearing, the 7 releasee shall have the right to representation by counsel, including 8 the right, if the releasee is financially unable to retain counsel, to 9 have the appropriate court assign counsel in accordance with the county 10 or city plan for representation placed in operation pursuant to article 11 eighteen-B of the county law. 12 (g) The hearing and determination provided for by paragraph (f) of 13 this subdivision shall be concluded within the six month period of 14 medical parole. If the board does not renew the grant of medical parole, 15 it shall order that the releasee be returned immediately to the custody 16 of the department of correctional services. 17 (h) In addition to the procedures set forth in paragraph (f) of this 18 subdivision, medical parole may be revoked at any time upon any of the 19 grounds specified in paragraph (a) of subdivision three of section two 20 hundred fifty-nine-i of this article, and in accordance with the proce- 21 dures specified in subdivision three of section two hundred fifty-nine-i 22 of this article. 23 (i) A releasee who is on medical parole and who becomes eligible for 24 parole pursuant to the provisions of subdivision two of section two 25 hundred fifty-nine-i of this article shall be eligible for parole 26 consideration pursuant to such subdivision. 27 5. A denial of release on medical parole or expiration of medical 28 parole in accordance with the provisions of paragraph (f) of subdivision 29 four of this section shall not preclude the [inmate] incarcerated indi- 30 vidual from reapplying for medical parole or otherwise affect an 31 [inmate's] incarcerated individual's eligibility for any other form of 32 release provided for by law. 33 6. To the extent that any provision of this section requires disclo- 34 sure of medical information for the purpose of processing an application 35 or making a decision, regarding release on medical parole or renewal of 36 medical parole, or for the purpose of appropriately supervising a person 37 released on medical parole, and that such disclosure would otherwise be 38 prohibited by article twenty-seven-F of the public health law, the 39 provisions of this section shall be controlling. 40 7. The commissioner and the chair of the board shall be authorized to 41 promulgate rules and regulations for their respective agencies to imple- 42 ment the provisions of this section. 43 8. Any decision made by the board pursuant to this section may be 44 appealed pursuant to subdivision four of section two hundred 45 fifty-nine-i of this article. 46 9. The chair of the board shall report annually to the governor, the 47 temporary president of the senate and the speaker of the assembly, the 48 chairpersons of the assembly and senate codes committees, the chair- 49 person of the senate crime and corrections committee, and the chair- 50 person of the assembly corrections committee the number of [inmates] 51 incarcerated individuals who have applied for medical parole under this 52 section; the number who have been granted medical parole; the nature of 53 the illness of the applicants, the counties to which they have been 54 released and the nature of the placement pursuant to the medical 55 discharge plan; the categories of reasons for denial for those who have 56 been denied; the number of releasees who have been granted an additionalA. 7866 19 1 period or periods of medical parole and the number of such grants; the 2 number of releasees on medical parole who have been returned to impri- 3 sonment in the custody of the department and the reasons for return. 4 § 16. Paragraph b of subdivision 2 of section 265 of the executive 5 law, as amended by section 31 of part A of chapter 56 of the laws of 6 2010, is amended to read as follows: 7 b. Except as provided in section two hundred sixty-six of this arti- 8 cle, applications for such assistance must be made and submitted no 9 later than one hundred eighty days after the effective date of the chap- 10 ter of the laws of nineteen hundred eighty-eight which amended this 11 paragraph and added these words or by the first day of April of each 12 subsequent year and shall be either approved or denied by the office no 13 later than sixty days following such submission. Any part of the moneys 14 so made available and not apportioned pursuant to a plan approved and 15 contract entered into with the office within the time limits required 16 shall be apportioned by the office in its discretion to such a city or 17 counties on a need basis, taking into consideration [inmate] incarcerat- 18 ed individual population or prior commitment by a county in the develop- 19 ment of alternatives to detention or incarceration programs. 20 § 17. Subdivision 7 of section 508 of the executive law, as amended by 21 section 82 of part WWW of chapter 59 of the laws of 2017, is amended to 22 read as follows: 23 7. While in the custody of the office of children and family services, 24 an offender shall be subject to the rules and regulations of the office, 25 except that his or her parole, temporary release and discharge shall be 26 governed by the laws applicable to [inmates] incarcerated individuals of 27 state correctional facilities and his or her transfer to state hospitals 28 in the office of mental health shall be governed by section five hundred 29 nine of this [chapter] title; provided, however, that an otherwise 30 eligible offender may receive the six-month limited credit time allow- 31 ance for successful participation in one or more programs developed by 32 the office of children and family services that are comparable to the 33 programs set forth in section eight hundred three-b of the correction 34 law, taking into consideration the age of offenders. The commissioner of 35 the office of children and family services shall, however, establish and 36 operate temporary release programs at office of children and family 37 services facilities for eligible juvenile offenders and contract with 38 the department of corrections and community supervision for the 39 provision of parole supervision services for temporary releasees. The 40 rules and regulations for these programs shall not be inconsistent with 41 the laws for temporary release applicable to [inmates] incarcerated 42 individuals of state correctional facilities. For the purposes of tempo- 43 rary release programs for juvenile offenders only, when referred to or 44 defined in article twenty-six of the correction law, "institution" shall 45 mean any facility designated by the commissioner of the office of chil- 46 dren and family services, "department" shall mean the office of children 47 and family services, ["inmate"] "incarcerated individual" shall mean a 48 juvenile offender residing in an office of children and family services 49 facility, and "commissioner" shall mean the commissioner of the office 50 of children and family services. Time spent in office of children and 51 family services facilities and in juvenile detention facilities shall be 52 credited towards the sentence imposed in the same manner and to the same 53 extent applicable to [inmates] incarcerated individuals of state correc- 54 tional facilities.A. 7866 20 1 § 18. Subdivision 24 of section 553 of the executive law, as added by 2 section 3 of part A of chapter 501 of the laws of 2012, is amended to 3 read as follows: 4 24. To monitor and make recommendations regarding the quality of care 5 provided to [inmates] incarcerated individuals with serious mental 6 illness, including those who are in a residential mental health treat- 7 ment unit or segregated confinement in facilities operated by the 8 department of corrections and community supervision, and oversee compli- 9 ance with paragraphs (d) and (e) of subdivision six of section one 10 hundred thirty-seven, and section four hundred one of the correction 11 law. Such responsibilities shall be carried out in accordance with 12 section four hundred one-a of the correction law; 13 § 19. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 1, 14 the opening paragraph of paragraph (b) and paragraph (c) of subdivision 15 2 and subdivision 3 of section 632-a of the executive law, subparagraphs 16 (i) and (ii) of paragraph (c) of subdivision 1 as amended by section 100 17 of subpart B of part C of chapter 62 of the laws of 2011, the opening 18 paragraph of paragraph (b) of subdivision 2 as amended by section 101 of 19 subpart B of part C of chapter 62 of the laws of 2011 and paragraph (c) 20 of subdivision 2 and subdivision 3 as amended by section 24 of part A-1 21 of chapter 56 of the laws of 2010, are amended to read as follows: 22 (i) is an [inmate] incarcerated individual serving a sentence with the 23 department of corrections and community supervision or a prisoner 24 confined at a local correctional facility or federal correctional insti- 25 tute, and includes funds that a superintendent, sheriff or municipal 26 official receives on behalf of an [inmate] incarcerated individual or 27 prisoner and deposits in an [inmate] incarcerated individual account to 28 the credit of the [inmate] incarcerated individual pursuant to section 29 one hundred sixteen of the correction law or deposits in a prisoner 30 account to the credit of the prisoner pursuant to section five hundred-c 31 of the correction law; or 32 (ii) is not an [inmate] incarcerated individual or prisoner but who is 33 serving a sentence of probation or conditional discharge or is presently 34 subject to an undischarged indeterminate, determinate or definite term 35 of imprisonment or period of post-release supervision or term of super- 36 vised release, but shall include earned income earned during a period in 37 which such person was not in compliance with the conditions of his or 38 her probation, parole, conditional release, period of post-release 39 supervision by the department of corrections and community supervision 40 or term of supervised release with the United States probation office or 41 United States parole commission. For purposes of this subparagraph, such 42 period of non-compliance shall be measured, as applicable, from the 43 earliest date of delinquency determined by the department of corrections 44 and community supervision, or from the earliest date on which a declara- 45 tion of delinquency is filed pursuant to section 410.30 of the criminal 46 procedure law and thereafter sustained, or from the earliest date of 47 delinquency determined in accordance with applicable federal law, rules 48 or regulations, and shall continue until a final determination sustain- 49 ing the violation has been made by the trial court, the department of 50 corrections and community supervision, or appropriate federal authority; 51 or 52 Notwithstanding subparagraph (ii) of paragraph (a) of this subdivi- 53 sion, whenever the payment or obligation to pay involves funds of a 54 convicted person that a superintendent, sheriff or municipal official 55 receives or will receive on behalf of an [inmate] incarcerated individ- 56 ual serving a sentence with the department of corrections and communityA. 7866 21 1 supervision or prisoner confined at a local correctional facility and 2 deposits or will deposit in an [inmate] incarcerated individual account 3 to the credit of the [inmate] incarcerated individual or in a prisoner 4 account to the credit of the prisoner, and the value, combined value or 5 aggregate value of such funds exceeds or will exceed ten thousand 6 dollars, the superintendent, sheriff or municipal official shall also 7 give written notice to the office. 8 (c) The office, upon receipt of notice of a contract, an agreement to 9 pay or payment of profits from a crime or funds of a convicted person 10 pursuant to paragraph (a) or (b) of this subdivision, or upon receipt of 11 notice of funds of a convicted person from the superintendent, sheriff 12 or municipal official of the facility where the [inmate] incarcerated 13 individual or prisoner is confined pursuant to section one hundred 14 sixteen or five hundred-c of the correction law, shall notify all known 15 crime victims of the existence of such profits or funds at their last 16 known address. 17 3. Notwithstanding any inconsistent provision of the estates, powers 18 and trusts law or the civil practice law and rules with respect to the 19 timely bringing of an action, any crime victim shall have the right to 20 bring a civil action in a court of competent jurisdiction to recover 21 money damages from a person convicted of a crime of which the crime 22 victim is a victim, or the representative of that convicted person, 23 within three years of the discovery of any profits from a crime or funds 24 of a convicted person, as those terms are defined in this section. 25 Notwithstanding any other provision of law to the contrary, a judgment 26 obtained pursuant to this section shall not be subject to execution or 27 enforcement against the first one thousand dollars deposited in an 28 [inmate] incarcerated individual account to the credit of the [inmate] 29 incarcerated individual pursuant to section one hundred sixteen of the 30 correction law or in a prisoner account to the credit of the prisoner 31 pursuant to section five hundred-c of the correction law. In addition, 32 where the civil action involves funds of a convicted person and such 33 funds were recovered by the convicted person pursuant to a judgment 34 obtained in a civil action, a judgment obtained pursuant to this section 35 may not be subject to execution or enforcement against a portion thereof 36 in accordance with subdivision (k) of section fifty-two hundred five of 37 the civil practice law and rules. If an action is filed pursuant to this 38 subdivision after the expiration of all other applicable statutes of 39 limitation, any other crime victims must file any action for damages as 40 a result of the crime within three years of the actual discovery of such 41 profits or funds, or within three years of actual notice received from 42 or notice published by the office of such discovery, whichever is later. 43 § 20. Paragraphs (a), (b) and (c) of subdivision 1 of section 747 of 44 the executive law, as added by chapter 669 of the laws of 1977, is 45 amended to read as follows: 46 (a) To visit and inspect, or cause members of its staff to visit and 47 inspect, at such times as the board may consider to be necessary or 48 appropriate to help insure adequate supervision, public and private 49 facilities or agencies, whether state, county, municipal, incorporated 50 or not incorporated which are in receipt of public funds and which are 51 of a charitable, eleemosynary, correctional or reformatory character, 52 including all reformatories for juveniles and facilities or agencies 53 exercising custody of dependent, neglected, abused, maltreated, aban- 54 doned or delinquent children or persons in need of supervision, agencies 55 engaged in the placing out or boarding out of children as defined in 56 section three hundred seventy-one of the social services law, or inA. 7866 22 1 operating homes for unmarried mothers or special care homes, and facili- 2 ties providing residential care for convalescent, invalid, aged, or 3 indigent persons, but excepting state institutions for the education and 4 support of the blind, the deaf and the dumb, and excepting also such 5 institutions as are subject to the visitation and inspection of the 6 state department of mental hygiene or the state commission of 7 correction. As to institutions, whether incorporated or not incorpo- 8 rated, having [inmates] incarcerated individuals, but not in receipt of 9 public funds, which are of a charitable, eleemosynary, correctional or 10 reformatory character, and agencies, whether incorporated or not incor- 11 porated, not in receipt of public funds, which exercise custody of aban- 12 doned, destitute, dependent, neglected, abused, maltreated or delinquent 13 children or persons in need of supervision, the board shall make 14 inspections, or cause inspections to be made by members of its staff, 15 but solely as to matters directly affecting the health, safety, treat- 16 ment and training of their [inmates] incarcerated individuals, or of the 17 children under their custody. Visiting and inspecting as herein author- 18 ized shall not be exclusive of other visiting and inspecting now or 19 hereafter authorized by law. 20 (b) To have full access to the grounds, buildings, records, documents, 21 books and papers relating to any facility or agency subject to being 22 visited and inspected by the board, including all case records of 23 [inmates] incarcerated individuals and children under their custody and 24 all financial records. 25 (c) Upon visiting or inspecting any facility or agency under this 26 article, inquiry may be made to ascertain the quality of supervision 27 exercised by state and local agencies responsible for supervising such 28 facilities and agencies, and the quality of program and operating stand- 29 ards established by such state and local agencies, and to ascertain the 30 adequacy of such state and local agency supervision to determine the 31 following: 32 (i) whether the objects of the facility or agency are being accom- 33 plished; 34 (ii) whether the applicable laws, rules and regulations governing its 35 operation are fully complied with; 36 (iii) its methods of and equipment for vocational and scholastic 37 education, and whether the same are best suited to the needs of its 38 [inmates] incarcerated individuals or children under their custody; 39 (iv) its methods of administration; and of providing care, medical 40 attention, treatment and discipline of its residents and beneficiaries, 41 and whether the same are best adapted to the needs of the residents and 42 beneficiaries; 43 (v) the qualifications and general conduct of its officers and employ- 44 ees; 45 (vi) the condition of its grounds, buildings and other property; 46 (vii) the sources of public moneys received by any institution in 47 receipt of public funds and the management and condition of its finances 48 generally; and 49 (viii) any other matter connected with or pertaining to its usefulness 50 and good management or to the interest of its residents or benefici- 51 aries. 52 § 21. Section 750 of the executive law, as added by chapter 110 of the 53 laws of 1971 and as renumbered by chapter 669 of the laws of 1977, is 54 amended to read as follows: 55 § 750. Duties of the attorney general and district attorneys. If, in 56 the opinion of the board, any matter in regard to the management orA. 7866 23 1 affairs of any such institution, society or association, or any [inmate] 2 incarcerated individual or person in any way connected therewith, 3 require legal investigation or action of any kind, notice thereof may be 4 given by the board, to the attorney general, and he shall thereupon make 5 inquiry and take such proceedings in the premises as he may deem neces- 6 sary and proper. The attorney general and every district attorney shall, 7 when so required, furnish such legal assistance, counsel or advice as 8 the board may require in the discharge of its duties. 9 § 22. Subdivision 6-a of section 837 of the executive law, as added by 10 section 4 of part OO of chapter 56 of the laws of 2010, is amended to 11 read as follows: 12 6-a. Upon request, provide an [inmate] incarcerated individual of the 13 state or local correctional facility, at no charge, with a copy of all 14 criminal history information maintained on file by the division pertain- 15 ing to such [inmate] incarcerated individual. 16 § 23. Paragraph (c) of subdivision 6 of section 95 of the public offi- 17 cers law, as added by chapter 652 of the laws of 1983, is amended to 18 read as follows: 19 (c) personal information pertaining to the incarceration of an 20 [inmate] incarcerated individual at a state correctional facility which 21 is evaluative in nature or which, if such access was provided, could 22 endanger the life or safety of any person, unless such access is other- 23 wise permitted by law or by court order; 24 § 24. Paragraph (c) of subdivision 2 of section 96 of the public offi- 25 cers law, as added by chapter 652 of the laws of 1983, is amended to 26 read as follows: 27 (c) personal information pertaining to the incarceration of an 28 [inmate] incarcerated individual at a state correctional facility which 29 is evaluative in nature or which, if disclosed, could endanger the life 30 or safety of any person, unless such disclosure is otherwise permitted 31 by law; 32 § 25. Subdivisions 12, 12-d and 12-g of section 8 of the state finance 33 law, subdivision 12 as amended by section 156 of subpart B of part C of 34 chapter 62 of the laws of 2011, subdivision 12-d as amended by chapter 35 165 of the laws of 2017 and subdivision 12-g as amended by section 157 36 of subpart B of part C of chapter 62 of the laws of 2011, are amended to 37 read as follows: 38 12. Notwithstanding any inconsistent provision of the court of claims 39 act, examine, audit and certify for payment any claim submitted and 40 approved by the head of any institution in the department of mental 41 hygiene, the department of corrections and community supervision, the 42 department of health or the office of children and family services for 43 personal property damaged or destroyed by any [inmate] incarcerated 44 individual thereof, or for personal property of an employee damaged or 45 destroyed without fault on his or her part, by a fire in said institu- 46 tion; or any claim submitted and approved by the head of any institution 47 in the department of mental hygiene or the office of children and family 48 services for real or personal property damaged or destroyed or for 49 personal injuries caused by any patient during thirty days from the date 50 of his or her escape from such institution; or any claim submitted and 51 approved by the commissioner of the department of corrections and commu- 52 nity supervision for personal property of an employee damaged or 53 destroyed without fault on his or her part as a result of actions unique 54 to the performance of his or her official duties in accordance with 55 rules and regulations promulgated by the commissioner of the department 56 of corrections and community supervision with the approval of the comp-A. 7866 24 1 troller; or any claim submitted and approved by the chief administrator 2 of the courts for personal property of any judge or justice of the 3 unified court system or of any nonjudicial officer or employee thereof 4 damaged or destroyed, without fault on his or her part, by any party, 5 witness, juror or bystander to court proceedings, provided no such claim 6 may be certified for payment to a nonjudicial officer or employee who is 7 in a collective negotiating unit until the chief administrator shall 8 deliver to the comptroller a certificate that there is in effect with 9 respect to such negotiating unit a written collective bargaining agree- 10 ment with the state pursuant to article fourteen of the civil service 11 law which provides therefor; or any claim submitted and approved by the 12 superintendent of state police for personal property of a member of the 13 state police damaged or destroyed without fault on his or her part as a 14 result of actions unique to the performance of police duties in accord- 15 ance with rules and regulations promulgated by the superintendent with 16 the approval of the comptroller; or any claim submitted and approved by 17 the head of a state department or agency having employees in the securi- 18 ty services unit or the security supervisors unit for personal property 19 of a member of such units damaged or destroyed without fault on his or 20 her part as a result of actions unique to the performance of law 21 enforcement duties in accordance with rules and regulations promulgated 22 by the department or agency head, after consultation with the employee 23 organization representing such units and with the approval of the comp- 24 troller and payment of any such claim shall not exceed the sum of three 25 hundred fifty dollars. Where an agreement between the state and an 26 employee organization reached pursuant to the provisions of article 27 fourteen of the civil service law provides for payments to be made to 28 employees by an institution, such payments for claims not in excess of 29 seventy-five dollars, or one hundred fifty dollars if otherwise provided 30 in accordance with the terms of such agreement, may be made from a petty 31 cash account established pursuant to section one hundred fifteen of this 32 chapter, and in the manner prescribed therein. 33 12-d. Notwithstanding any inconsistent provision of the court of 34 claims act, examine, audit and certify for payment any claim submitted 35 and approved by the head of a state department or agency, other than a 36 department or agency specified in subdivision twelve of this section, 37 for personal property of an employee damaged or destroyed in the course 38 of the performance of official duties without fault on his or her part 39 by an [inmate] incarcerated individual, patient or client of such 40 department or agency after March thirty-first, two thousand sixteen and 41 prior to April first, two thousand twenty-one, provided no such claim 42 may be certified for payment to an officer or employee who is in a 43 collective negotiating unit until the director of employee relations 44 shall deliver to the comptroller a letter that there is in effect with 45 respect to such negotiating unit a written collectively negotiated 46 agreement with the state pursuant to article fourteen of the civil 47 service law which provides therefor. Payment of any such claim shall 48 not exceed the sum of three hundred dollars. No person submitting a 49 claim under this subdivision shall have any claim for damages to such 50 personal property approved pursuant to the provision of subdivision four 51 of section five hundred thirty of the labor law or any other applicable 52 provision of law. 53 12-g. Notwithstanding any other provision of the court of claims act 54 or any other law to the contrary, thirty days before the comptroller 55 issues a check for payment to an [inmate] incarcerated individual serv- 56 ing a sentence of imprisonment with the department of corrections andA. 7866 25 1 community supervision or to a prisoner confined at a local correctional 2 facility for any reason, including a payment made in satisfaction of any 3 damage award in connection with any lawsuit brought by or on behalf of 4 such [inmate] incarcerated individual or prisoner against the state or 5 any of its employees in federal court or any other court, the comp- 6 troller shall give written notice, if required pursuant to subdivision 7 two of section six hundred thirty-two-a of the executive law, to the 8 office of victim services that such payment shall be made thirty days 9 after the date of such notice. 10 § 26. Subparagraph 4 of paragraph a of subdivision 1 of section 54 of 11 the state finance law, as amended by section 158 of subpart B of part C 12 of chapter 62 of the laws of 2011, is amended to read as follows: 13 (4) Population excludes the reservation and school Indian population 14 and [inmates] incarcerated individuals of institutions under the direc- 15 tion, supervision or control of the state department of corrections and 16 community supervision and the state department of mental hygiene and the 17 [inmates] incarcerated individuals of state institutions operated and 18 maintained by the office of children and family services. 19 § 27. Subdivision 3 of section 127 of the state finance law, as 20 amended by chapter 420 of the laws of 1968, is amended to read as 21 follows: 22 3. The work of construction, alteration, repair or improvement of 23 buildings or plant of any such state institution may be done by the 24 employment of [inmate] incarcerated individual or outside labor, either 25 or both, and by purchase of materials in the open market whenever, in 26 the opinion of the comptroller, the department having jurisdiction and 27 the commissioner of general services, or an authorized representative of 28 his department, such course shall be more advantageous to the state. No 29 compensation shall be allowed for the employment of [inmate] incarcerat- 30 ed individual labor except convict labor. 31 § 28. The closing paragraph of section 135 of the state finance law, 32 as amended by section 3 of part MM of chapter 57 of the laws of 2008, is 33 amended to read as follows: 34 Nothing in this section shall be construed to prevent the authorities 35 in charge of any state building, from performing any such branches of 36 work by or through their regular employees, or in the case of public 37 institutions, by the [inmates] incarcerated individuals thereof. 38 § 29. Subdivision (d) of section 484 of the tax law, as amended by 39 section 168 of subpart B of part C of chapter 62 of the laws of 2011, is 40 amended to read as follows: 41 (d) The provisions of this article shall not be applicable to any sale 42 as to which the tax imposed by section four hundred seventy-one of this 43 chapter is not applicable or to a sale to the department of corrections 44 and community supervision of this state for sale to or use by [inmates] 45 incarcerated individuals in institutions under the jurisdiction of such 46 department. 47 § 30. Subdivision (c) of section 1846 of the tax law, as amended by 48 chapter 556 of the laws of 2011, is amended to read as follows: 49 (c) In the alternative, the tax commission may dispose of any ciga- 50 rettes seized pursuant to this section, except those that violate, or 51 are suspected of violating, federal trademark laws or import laws, by 52 transferring them to the department of corrections and community super- 53 vision for sale to or use by [inmates] incarcerated individuals in such 54 institutions. 55 § 31. Subdivision (c) of section 1846-a of the tax law, as amended by 56 chapter 556 of the laws of 2011, is amended to read as follows:A. 7866 26 1 (c) In the alternative, the commissioner may dispose of any tobacco 2 products seized pursuant to this section, except those that violate, or 3 are suspected of violating, federal trademark or import laws, by trans- 4 ferring them to the department of corrections and community supervision 5 for sale to or use by [inmates] incarcerated individuals in such insti- 6 tutions. 7 § 32. Subdivision 6 of section 16 of the workers' compensation law, as 8 amended by chapter 550 of the laws of 1978, is amended to read as 9 follows: 10 6. If there be a person entitled to death benefits under the 11 provisions of this section, who shall be under the age of eighteen 12 years, and who shall be an [inmate] incarcerated individual of any 13 institution and a public charge upon the department of social services 14 of the city of New York, or any other department or body, the benefits 15 allowed hereunder shall be payable to the said department of public 16 welfare of the city of New York or any other department or body to the 17 extent of the reasonable charges for the care and maintenance, during 18 the continuance as a public charge in said institution, of said benefi- 19 ciary and until the said person shall have attained the age of eighteen 20 years. Any sum or sums remaining after the said payment out of the bene- 21 fits shall be distributed as provided by the other subdivisions of this 22 section. 23 § 33. Paragraph d of subdivision 2 of section 133 of the labor law, as 24 amended by chapter 294 of the laws of 1967, is amended to read as 25 follows: 26 d. penal or correctional institutions, if such employment relates to 27 the custody or care of prisoners or [inmates] incarcerated individuals; 28 § 34. Subdivision 1 of section 168 of the labor law, as amended by 29 section 18 of part AA of chapter 56 of the laws of 2019, is amended to 30 read as follows: 31 1. This section shall apply to all persons employed by the state in 32 the ward, cottage, colony, kitchen and dining room, and guard service 33 personnel in any hospital, school, prison, reformatory or other institu- 34 tion within or subject to the jurisdiction, supervision, control or 35 visitation of the department of corrections and community supervision, 36 the department of health, the department of mental hygiene, the depart- 37 ment of social welfare or the division of veterans' services in the 38 executive department, and engaged in the performance of such duties as 39 nursing, guarding or attending the [inmates] incarcerated individuals, 40 patients, wards or other persons kept or housed in such institutions, or 41 in protecting and guarding the buildings and/or grounds thereof, or in 42 preparing or serving food therein. 43 § 35. Subdivision 1 of section 459 of the labor law, as amended by 44 section 10 of part CC of chapter 57 of the laws of 2009, is amended to 45 read as follows: 46 1. A license or certificate, or the renewal thereof may be denied 47 where the commissioner has probable reason to believe, based on know- 48 ledge or reliable information, or finds, after investigation, that the 49 applicant or any officer, servant, agent or employee of the applicant is 50 not sufficiently reliable and experienced to be authorized to own, 51 possess, store, transport, use, manufacture, deal in, sell, purchase or 52 otherwise handle, as the case may be, explosives, lacks suitable facili- 53 ties therefor, has been convicted of a felony, is disloyal or hostile to 54 the United States, has been confined as a patient or [inmate] incarcer- 55 ated individual in a public or private institution for the treatment of 56 mental diseases or has been convicted under section four hundred eight-A. 7866 27 1 y-four of the general business law. Whenever the commissioner denies an 2 application for a license or certificate or the renewal thereof, within 3 five days of such denial, notice thereof and the reasons therefor shall 4 be provided in writing to the applicant. Such denial may be appealed to 5 the commissioner who shall follow the procedure provided by subdivision 6 four of this section. 7 § 36. Paragraph (e) of subdivision 2 of section 563 of the labor law, 8 as amended by chapter 413 of the laws of 1991, is amended to read as 9 follows: 10 (e) an [inmate] incarcerated individual of a custodial or penal insti- 11 tution; 12 § 37. Paragraph (g) of subdivision 2 of section 565 of the labor law, 13 as added by chapter 675 of the laws of 1977, is amended to read as 14 follows: 15 (g) an [inmate] incarcerated individual of a custodial or penal insti- 16 tution. 17 § 38. Subparagraph 4 of paragraph (e) of subdivision 1 of section 581 18 of the labor law, as amended by chapter 589 of the laws of 1998, is 19 amended to read as follows: 20 (4) An employer's account shall not be charged, and the charges shall 21 instead be made to the general account, for benefits paid to a claimant 22 based on base period employment while the claimant was an [inmate] 23 incarcerated individual of a correctional institution and enrolled in a 24 work release program, provided that the employment was terminated solely 25 because the [inmate] incarcerated individual was required to relocate to 26 another area as a condition of parole or the [inmate] incarcerated indi- 27 vidual voluntarily relocated to another area immediately upon being 28 released or paroled from such correctional institution. 29 § 39. Subdivision 2 of section 103 of the transportation law, as 30 amended by chapter 72 of the laws of 1976, is amended to read as 31 follows: 32 2. No common carrier subject to the provisions of this chapter shall, 33 directly or indirectly, issue or give any free ticket, free pass or free 34 transportation for passengers or property between points within this 35 state, except to its officers, employees, agents, surgeons, physicians, 36 attorneys-at-law, and their families; to ministers of religion, officers 37 and employees of railroad young men's christian associations, [inmates] 38 incarcerated individuals of hospitals, charitable and eleemosynary 39 institutions and persons exclusively engaged in charitable and eleemosy- 40 nary work; and to indigent, destitute and homeless persons and to such 41 persons when transported by charitable societies or hospitals, and the 42 necessary agents employed in such transportation; to [inmates] incarcer- 43 ated individuals of the national homes or state homes for disabled 44 volunteer soldiers and of soldiers' and sailors' homes, including those 45 about to enter and those returning home after discharge, and boards of 46 managers of such homes; to necessary caretakers of property in transit; 47 to employees of sleeping-car companies, express companies, telegraph and 48 telephone companies doing business along the line of the issuing carri- 49 er; to railway mail service employees, post-office inspectors, mail 50 carriers in uniform, customs inspectors and immigration inspectors; to 51 newspaper carriers on trains, baggage agents, witnesses attending any 52 legal investigation or proceeding in which the common carrier is inter- 53 ested, persons injured in accidents or wrecks and physicians and nurses 54 attending such persons; to the carriage free or at reduced rates of 55 persons or property for the United States, state or municipal govern-A. 7866 28 1 ments, or of property to or from fairs and expositions for exhibit ther- 2 eat. 3 § 40. Paragraph (i) of subdivision 3 of section 503 of the vehicle and 4 traffic law, as amended by chapter 548 of the laws of 1986, is amended 5 to read as follows: 6 (i) is an [inmate] incarcerated individual in an institution under the 7 jurisdiction of a state department or agency, or 8 § 41. Subdivision 5 of section 1809 of the vehicle and traffic law, as 9 amended by chapter 385 of the laws of 1999, is amended to read as 10 follows: 11 5. When a person who is convicted of a crime or traffic infraction and 12 sentenced to a term of imprisonment has failed to pay the mandatory 13 surcharge or crime victim assistance fee required by this section, the 14 clerk of the court or the administrative tribunal that rendered the 15 conviction shall notify the superintendent or the municipal official of 16 the facility where the person is confined. The superintendent or the 17 municipal official shall cause any amount owing to be collected from 18 such person during his or her term of imprisonment from moneys to the 19 credit of an [inmates'] incarcerated individuals' fund or such moneys as 20 may be earned by a person in a work release program pursuant to section 21 eight hundred sixty of the correction law. Such moneys shall be paid 22 over to the state comptroller to the credit of the criminal justice 23 improvement account established by section ninety-seven-bb of the state 24 finance law, except that any such moneys collected which are surcharges 25 or crime victim assistance fees levied in relation to convictions 26 obtained in a town or village justice court shall be paid within thirty 27 days after the receipt thereof by the superintendent or municipal offi- 28 cial of the facility to the justice of the court in which the conviction 29 was obtained. For the purposes of collecting such mandatory surcharge or 30 crime victim assistance fee, the state shall be legally entitled to the 31 money to the credit of an [inmates'] incarcerated individuals' fund or 32 money which is earned by an [inmate] incarcerated individual in a work 33 release program. For purposes of this subdivision, the term "[inmates'] 34 incarcerated individuals' fund" shall mean moneys in the possession of 35 an [inmate] incarcerated individual at the time of his admission into 36 such facility, funds earned by him or her as provided for in section one 37 hundred eighty-seven of the correction law and any other funds received 38 by him or her or on his or her behalf and deposited with such super- 39 intendent or municipal official. 40 § 42. Subdivision 3 of section 11-0707 of the environmental conserva- 41 tion law, as amended by section 20 of part AA of chapter 56 of the laws 42 of 2019, is amended to read as follows: 43 3. Any person who is a patient at any facility in this state main- 44 tained by the United States Veterans Health Administration or at any 45 hospital or sanitorium for treatment of tuberculosis maintained by the 46 state or any municipal corporation thereof or resident patient at any 47 institution of the department of Mental Hygiene, or resident patient at 48 the rehabilitation hospital of the department of Health, or at any rest 49 camp maintained by the state through the Division of Veterans' Services 50 in the Executive Department or any [inmate] incarcerated individual of a 51 conservation work camp within the youth rehabilitation facility of the 52 department of corrections and community supervision, or any [inmate] 53 incarcerated individual of a youth opportunity or youth rehabilitation 54 center within the Office of Children and Family Services, any resident 55 of a nursing home or residential health care facility as defined in 56 subdivisions two and three of section twenty-eight hundred one of theA. 7866 29 1 public health law, or any staff member or volunteer accompanying or 2 assisting one or more residents of such nursing home or residential 3 health care facility on an outing authorized by the administrator of 4 such nursing home or residential health care facility may take fish as 5 if he or she held a fishing license, except that he or she may not take 6 bait fish by net or trap, if he or she has on his or her person an 7 authorization upon a form furnished by the department containing such 8 identifying information and data as may be required by it, and signed by 9 the superintendent or other head of such facility, institution, hospi- 10 tal, sanitarium, nursing home, residential health care facility or rest 11 camp, as the case may be, or by a staff physician thereat duly author- 12 ized so to do by the superintendent or other head thereof. Such authori- 13 zation with respect to [inmates] incarcerated individuals of said 14 conservation work camps shall be limited to areas under the care, custo- 15 dy and control of the department. 16 § 43. Subdivision 1 of section 10 of the public buildings law, as 17 amended by section 127-r of subpart B of part C of chapter 62 of the 18 laws of 2011, is amended to read as follows: 19 1. Except as provided in subdivision two of this section, whenever the 20 head of any agency, board, division or commission, with the approval of 21 the director of the budget, (a) shall certify to the commissioner of 22 general services that any property on state land or on land under lease 23 to the state and consisting of buildings with or without fixtures 24 attached thereto, and any other improvements upon such lands, are unfit, 25 not adapted or not needed for use by such agency, board, division or 26 commission and (b) shall recommend for reasons to be stated, that the 27 said property should be disposed of, the commissioner of general 28 services shall, after causing an investigation to be made, dispose of 29 said property by sale or demolition as will best promote the public 30 interest. Public notice of a proposed sale where the value of the prop- 31 erty to be sold exceeds five thousand dollars shall be given by adver- 32 tising at least once in a newspaper published and having a general 33 circulation in the county in which such lands are located and in such 34 other newspaper or newspapers as the commissioner of general services 35 may deem to be necessary. Such advertisement shall give a general 36 description and location of the property and the terms of the sale and 37 the date on which proposals for the same will be received by the commis- 38 sioner of general services. Should any or all of the offers so received 39 be deemed by the commissioner of general services to be too low, he or 40 she may dispose of such property so advertised at private sale within 41 ninety days of the opening of the bids, provided that no such private 42 sale shall be consummated at a price lower than that submitted as a 43 result of public advertising. The commissioner of general services shall 44 also have the power to demolish such property either by contract or, if 45 such property is located on lands which are under the jurisdiction of 46 the department of corrections and community supervision, the work of 47 such demolition may be done by the [inmates] incarcerated individuals of 48 the institution where such property is located, provided however that 49 the commissioner of corrections and community supervision shall consent 50 to the employment of the [inmates] incarcerated individuals for the work 51 of demolition. The provisions of this subdivision shall be effective 52 notwithstanding the provisions of any other general or special law 53 relating to the disposal of buildings with the fixtures attached thereto 54 or of any improvements upon lands belonging to or under lease to the 55 state, and any such statute or parts thereof relating to such disposal 56 of buildings, fixtures and improvements insofar as they are inconsistentA. 7866 30 1 with the provisions of this section are hereby superseded. A record of 2 any such sale shall be filed with the state agency head above referred 3 to and the proceeds of such sale or disposal shall be paid into the 4 treasury of the state to the credit of the capital projects fund. 5 § 44. Section 19 of the public buildings law, as amended by chapter 6 420 of the laws of 1968, is amended to read as follows: 7 § 19. Manner of doing work or acquiring material. The work of 8 construction, reconstruction, alteration, repair or improvement of any 9 state building, whether constructed or to be constructed, may be done by 10 the employment of [inmate] incarcerated individuals or outside labor or 11 both and by the purchase of materials in the open market whenever in the 12 opinion of the department having jurisdiction over such building, and 13 the commissioner of general services or his or her authorized represen- 14 tative, such a course shall be deemed advantageous to the state, and 15 only upon plans and specifications prepared by the commissioner of 16 general services, but no compensation shall be allowed for the employ- 17 ment of [inmate] incarcerated individual labor except convict labor. 18 § 45. Subdivision 1 of section 140 of the public buildings law, as 19 amended by chapter 510 of the laws of 2004, is amended to read as 20 follows: 21 1. It shall be the duty of each superintendent or chief executive 22 officer of each of the public institutions and buildings of the state, 23 supported wholly or partly by the funds of the state, to provide that 24 the following regulations for the protection of the [inmates] incarcer- 25 ated individuals of said buildings and the buildings be complied with: 26 There shall be provided a sufficient number of stand-pipes, with 27 connections or outlets on each floor, and sufficient fire hose to prop- 28 erly protect the entire floor surface. Sufficient portable fire extin- 29 guishers shall be provided on each floor of each building to provide 30 adequate fire protection. All fire hose shall be inspected under the 31 direction of the engineer at least once every six months and shall be 32 maintained at all times in proper condition. On each floor of every 33 public building having two or more stories where the rooms are connected 34 by an interior hallway, there shall be posted by each stairway, elevator 35 or other means of egress, a printed scale floor plan of that particular 36 story, which shall show all means of egress, clearly labeling those to 37 be used in case of fire. Such posted floor plan shall clearly indicate 38 exits which would be accessible for a person having a disability, as 39 such term is defined in subdivision twenty-one of section two hundred 40 ninety-two of the executive law. Such floor plan shall be posted in at 41 least two other conspicuous areas through the building. Said floor plan 42 shall be no smaller than eight inches by ten inches and shall be posted 43 in such a manner that it cannot be readily removed. Unless exit doors at 44 floor level are provided at fire escapes suitable steps must be provided 45 under other openings used as exits to fire escapes which are not at 46 floor level. Painters' supplies and inflammable liquids of all kinds 47 must not be stored in buildings occupied by wards of the state or 48 employees. All attics and basements must be constantly kept free from 49 rubbish or articles not necessary to the proper conduct of the institu- 50 tion or building, and must be regularly swept, cleaned and all broken or 51 needless articles promptly removed. 52 § 46. Subdivision 26 of section 206 of the public health law, as 53 amended by section 127-t of subpart B of part C of chapter 62 of the 54 laws of 2011, is amended to read as follows: 55 26. The commissioner is hereby authorized and directed to review any 56 policy or practice instituted in facilities operated by the departmentA. 7866 31 1 of corrections and community supervision, and in all local correctional 2 facilities, as defined in subdivision sixteen of section two of the 3 correction law, regarding human immunodeficiency virus (HIV), acquired 4 immunodeficiency syndrome (AIDS), and hepatitis C (HCV) including the 5 prevention of the transmission of HIV and HCV and the treatment of AIDS, 6 HIV and HCV among [inmates] incarcerated individuals. Such review shall 7 be performed annually and shall focus on whether such HIV, AIDS or HCV 8 policy or practice is consistent with current, generally accepted 9 medical standards and procedures used to prevent the transmission of HIV 10 and HCV and to treat AIDS, HIV and HCV among the general public. In 11 performing such reviews, in order to determine the quality and adequacy 12 of care and treatment provided, department personnel are authorized to 13 enter correctional facilities and inspect policy and procedure manuals 14 and medical protocols, interview health services providers and [inmate] 15 incarcerated individual-patients, review medical grievances, and inspect 16 a representative sample of medical records of [inmates] incarcerated 17 individuals known to be infected with HIV or HCV or have AIDS. Prior to 18 initiating a review of a correctional system, the commissioner shall 19 inform the public, including patients, their families and patient advo- 20 cates, of the scheduled review and invite them to provide the commis- 21 sioner with relevant information. Upon the completion of such review, 22 the department shall, in writing, approve such policy or practice as 23 instituted in facilities operated by the department of corrections and 24 community supervision, and in any local correctional facility, or, based 25 on specific, written recommendations, direct the department of 26 corrections and community supervision, or the authority responsible for 27 the provision of medical care to [inmates] incarcerated individuals in 28 local correctional facilities to prepare and implement a corrective plan 29 to address deficiencies in areas where such policy or practice fails to 30 conform to current, generally accepted medical standards and procedures. 31 The commissioner shall monitor the implementation of such corrective 32 plans and shall conduct such further reviews as the commissioner deems 33 necessary to ensure that identified deficiencies in HIV, AIDS and HCV 34 policies and practices are corrected. All written reports pertaining to 35 reviews provided for in this subdivision shall be maintained, under such 36 conditions as the commissioner shall prescribe, as public information 37 available for public inspection. 38 § 47. Subdivision 2 of section 579 of the public health law, as 39 amended by section 128 of subpart B of part C of chapter 62 of the laws 40 of 2011, is amended to read as follows: 41 2. This title shall not be applicable to and the department shall not 42 have the power to regulate pursuant to this title: (a) any examination 43 performed by a state or local government of materials derived from the 44 human body for use in criminal identification or as evidence in a crimi- 45 nal proceeding or for investigative purposes; (b) any test conducted 46 pursuant to paragraph (c) of subdivision four of section eleven hundred 47 ninety-four of the vehicle and traffic law and paragraph (c) of subdivi- 48 sion eight of section 25.24 of the parks, recreation and historic pres- 49 ervation law; (c) any examination performed by a state or local agency 50 of materials derived from the body of an [inmate] incarcerated individ- 51 ual, pretrial releasee, parolee, conditional releasee or probationer to 52 (i) determine, measure or otherwise describe the presence or absence of 53 any substance whose possession, ingestion or use is prohibited by law, 54 the rules of the department of corrections and community supervision, 55 the conditions of release established by the board of parole, the condi- 56 tions of release established by a court or a local conditional releaseA. 7866 32 1 commission or the conditions of any program to which such individuals 2 are referred and (ii) to determine whether there has been a violation 3 thereof; or (d) any examination performed by a coroner or medical exam- 4 iner for the medical-legal investigation of a death. Nothing herein 5 shall prevent the department from consulting with the division of crimi- 6 nal justice services, the department of corrections and community super- 7 vision, the state police, or any other state agency or commission, at 8 the request of the division of criminal justice services, the department 9 of corrections and community supervision, the state police, or such 10 other agency or commission, concerning examination of materials for 11 purposes other than public health. 12 § 48. Intentionally omitted. 13 § 49. Subdivision 3 of section 2122 of the public health law is 14 amended to read as follows: 15 3. The authorities of the institution to which such person is commit- 16 ted by the magistrate pursuant to the provisions of this section shall 17 keep such person separate and apart from the other [inmates] incarcerat- 18 ed individuals. 19 § 50. Paragraph (a) of subdivision 10 of section 2140 of the public 20 health law, as added by chapter 180 of the laws of 2002, is amended to 21 read as follows: 22 (a) as an [inmate] incarcerated individual of any state or federal 23 prison, or 24 § 51. Subdivision 3 of section 2200 of the public health law is 25 amended to read as follows: 26 3. Qualification on residence. The continuous residence required to 27 acquire either state residence or local residence shall not include any 28 period during which the person was (a) a patient in a hospital, or (b) 29 an [inmate] incarcerated individual of any public institution, incorpo- 30 rated private institution, or private tuberculosis home, cottage or 31 hospital, or (c) residing on any military reservation. If, however, the 32 periods of residence immediately prior and subsequent to the periods 33 specified in (a), (b), or (c) shall together equal the required period 34 of residence, such person shall be deemed to have the required contin- 35 uous residence. 36 § 52. Intentionally omitted. 37 § 53. Paragraph (a-1) of subdivision 1 and paragraph (o) of subdivi- 38 sion 11 of section 2807-c of the public health law, paragraph (a-1) of 39 subdivision 1 as amended by chapter 639 of the laws of 1996 and para- 40 graph (o) of subdivision 11 as amended by chapter 731 of the laws of 41 1993, are amended to read as follows: 42 (a-1) Payments made by local governmental agencies to general hospi- 43 tals for reimbursement of inpatient hospital services provided to 44 [inmates] incarcerated individuals of local correctional facilities as 45 defined in subdivision sixteen of section two of the correction law 46 shall be at the rates of payment determined pursuant to this section for 47 state governmental agencies, excluding adjustments pursuant to subdivi- 48 sion fourteen-f of this section. 49 (o) No general hospital shall refuse to provide hospital services to a 50 person presented or proposed to be presented for admission to such 51 general hospital by a representative of a correctional facility or a 52 local correctional facility as defined respectively in subdivisions 53 four, fifteen and sixteen of section two of the correction law based 54 solely on the grounds such person is an [inmate] incarcerated individual 55 of such correctional facility or local correctional facility. No general 56 hospital may demand or request any charge for hospital services providedA. 7866 33 1 to such person in addition to the charges or rates authorized in accord- 2 ance with this article, except for charges for identifiable additional 3 hospital costs associated with or reasonable additional charges associ- 4 ated with security arrangements for such person. 5 § 53-a. Paragraph (a-1) of subdivision 1 of section 2807-c of the 6 public health law, as amended by chapter 731 of the laws of 1993, is 7 amended to read as follows: 8 (a-1) Payments made by local governmental agencies to general hospi- 9 tals for reimbursement of inpatient hospital services provided to 10 [inmates] incarcerated individuals of local correctional facilities as 11 defined in subdivision sixteen of section two of the correction law 12 shall be at the rates of payment determined pursuant to this section for 13 state governmental agencies. 14 § 54. Subdivisions 1, 2 and 4 of section 4165 of the public health 15 law, as amended by chapter 384 of the laws of 1971, are amended to read 16 as follows: 17 1. Directors, superintendents, managers or other persons in charge of 18 hospitals, homes for indigents, lying-in or other institutions, public 19 or private, to which persons resort for treatment of diseases or 20 confinement, or to which persons are committed by process of law, shall 21 make, at the time of their admittance, a record of all the personal and 22 statistical particulars relative to the patients and [inmates] incarcer- 23 ated individuals in their institutions, which are required in the forms 24 of the certificate provided for by this article as directed by the 25 commissioner. 26 2. The personal particulars and information required by this section 27 shall be obtained from the patient or [inmate] incarcerated individual, 28 if it is practicable to do so; and when they cannot be so obtained, they 29 shall be obtained in as complete a manner as possible from relatives, 30 friends, or other persons acquainted with the facts. 31 4. The records of patients or [inmates] incarcerated individuals 32 obtained in accordance with this section shall not be sold to any person 33 for promotional or profit-making purposes without the written consent of 34 such patient or [inmate] incarcerated individual or the written consent 35 of the legal representative of such patient or [inmate] incarcerated 36 individual. 37 § 55. Subdivision 4 of section 4174 of the public health law, as 38 amended by chapter 323 of the laws of 2016, is amended to read as 39 follows: 40 4. No fee shall be charged for a search, certification, certificate, 41 certified copy or certified transcript of a record to be used for school 42 entrance, employment certificate or for purposes of public relief or 43 when required by the veterans administration to be used in determining 44 the eligibility of any person to participate in the benefits made avail- 45 able by the veterans administration or when required by a board of 46 elections for the purposes of determining voter eligibility or when 47 requested by the department of corrections and community supervision or 48 a local correctional facility as defined in subdivision sixteen of 49 section two of the correction law for the purpose of providing a certi- 50 fied copy or certified transcript of birth to an [inmate] incarcerated 51 individual in anticipation of such [inmate's] incarcerated individual's 52 release from custody or to obtain a death certificate to be used for 53 administrative purposes for an [inmate] incarcerated individual who has 54 died under custody or when requested by the office of children and fami- 55 ly services or an authorized agency for the purpose of providing a 56 certified copy or certified transcript of birth to a youth placed in theA. 7866 34 1 care and custody or custody and guardianship of the local commissioner 2 of social services or the care and custody or custody and guardianship 3 of the office of children and family services in anticipation of such 4 youth's discharge from placement or foster care. 5 § 56. Section 4179 of the public health law, as amended by chapter 323 6 of the laws of 2016, is amended to read as follows: 7 § 4179. Vital records; fees; city of New York. Notwithstanding the 8 provisions of paragraph one of subdivision a of section 207.13 of the 9 health code of the city of New York, the department of health shall 10 charge, and the applicant shall pay, for a search of two consecutive 11 calendar years under one name and the issuance of a certificate of 12 birth, death or termination of pregnancy, or a certification of birth or 13 death, or a certification that the record cannot be found, a fee of 14 fifteen dollars for each copy. Provided, however, that no such fee shall 15 be charged when the department of corrections and community supervision 16 or a local correctional facility as defined in subdivision sixteen of 17 section two of the correction law requests a certificate of birth or 18 certification of birth for the purpose of providing such certificate of 19 birth or certification of birth to an [inmate] incarcerated individual 20 in anticipation of such [inmate's] incarcerated individual's release 21 from custody or to obtain a death certificate to be used for administra- 22 tive purposes for an [inmate] incarcerated individual who has died under 23 custody or when the office of children and family services or an author- 24 ized agency requests a certified copy or certified transcript of birth 25 for a youth placed in the custody of the local commissioner of social 26 services or the custody of the office of children and family services 27 pursuant to article three of the family court act for the purpose of 28 providing such certified copy or certified transcript of birth to such 29 youth in anticipation of discharge from placement. 30 § 57. Section 70 of the general municipal law, as amended by section 31 116 of subpart B of part C of chapter 62 of the laws of 2011, is amended 32 to read as follows: 33 § 70. Payment of judgments against municipal corporation. When a final 34 judgment for a sum of money shall be recovered against a municipal 35 corporation, and the execution thereof shall not be stayed pursuant to 36 law, or the time for such stay shall have expired, the treasurer or 37 other financial officer of such corporation having sufficient moneys in 38 his or her hands belonging to the corporation not otherwise specifically 39 appropriated, shall pay such judgment upon the production of a certified 40 copy of the docket thereof. Notwithstanding the provisions of any other 41 law to the contrary, in any case where payment for any reason is to be 42 made to an [inmate] incarcerated individual serving a sentence of impri- 43 sonment with the state department of corrections and community super- 44 vision or to a prisoner confined at a local correctional facility, the 45 treasurer or other financial officer shall give written notice, if 46 required pursuant to subdivision two of section six hundred thirty-two-a 47 of the executive law, to the office of victim services that such payment 48 shall be made thirty days after the date of such notice. 49 § 58. Section 87 of the general municipal law, as amended by chapter 50 555 of the laws of 1978, is amended to read as follows: 51 § 87. Support and maintenance of charitable and other institutions. 52 Boards of estimate and apportionment, common councils, boards of alder- 53 men, boards of supervisors, town boards, boards of trustees of villages 54 and all other boards or officers of counties, cities, towns and 55 villages, authorized to appropriate and to raise money by taxation and 56 to make payments therefrom, are hereby authorized, in their discretion,A. 7866 35 1 to appropriate and to raise money by taxation and to make payments from 2 said moneys, and from any moneys received from any other source and 3 properly applicable thereto, to charitable, eleemosynary, correctional 4 and reformatory institutions wholly or partly under private control, for 5 the care, support and maintenance of their [inmates] incarcerated indi- 6 viduals and out-patients, of the moneys which are or may be appropriated 7 therefor; such payments to be made only for such [inmates] incarcerated 8 individuals as are received and retained therein pursuant to regulations 9 established by the state department of social services or other state 10 department having the power of inspection thereof. In the absence within 11 the state of adequate facilities conveniently accessible, payments for 12 the support, care and maintenance of [inmates] incarcerated individuals 13 and out-patients may be made to institutions, wholly or partly under 14 private control, of a charitable or eleemosynary character, located 15 without the state, which institutions if located within the state would 16 be subject to the visitation, inspection and supervision of the depart- 17 ment of social services. However, such payments may be made only to 18 institutions conducted in conformity with the regulations of such 19 department. 20 § 59. Subdivision 2 of section 101 of the general municipal law, as 21 added by chapter 861 of the laws of 1953, is amended to read as follows: 22 2. Such specifications shall be drawn so as to permit separate and 23 independent bidding upon each of the above three subdivisions of work. 24 All contracts awarded by any political subdivision or by an officer, 25 board or agency thereof, or of any district therein, for the erection, 26 construction, reconstruction or alteration of buildings, or any part 27 thereof, shall award the three subdivisions of the above specified work 28 separately in the manner provided by section one hundred three of this 29 [chapter] article. Nothing in this section shall be construed to prevent 30 any political subdivision from performing any such branches of work by 31 or through their regular employees, or in the case of public insti- 32 tutions, by the [inmates] incarcerated individuals thereof. 33 § 60. Intentionally omitted. 34 § 61. Intentionally omitted. 35 § 62. Paragraph (e) of subdivision 2 of section 148 of the general 36 municipal law, as added by chapter 871 of the laws of 1948, is amended 37 to read as follows: 38 (e) The board of supervisors of the county of which such deceased 39 person was a resident at the time of his or her death is hereby author- 40 ized and directed to audit the account and pay the expenses of such 41 burial and headstone, and a reasonable sum for the services and neces- 42 sary expenses of the person or commission so designated. In case such 43 person shall be at the time of his or her death an [inmate] incarcerated 44 individual of any state institution, including state hospitals and 45 soldiers' homes, or any institution, supported by the state and 46 supported by public expense therein, the expense of such burial and 47 headstone shall be a charge upon the county of his or her legal resi- 48 dence. 49 § 63. Section 207-n of the general municipal law, as added by chapter 50 622 of the laws of 1997, is amended to read as follows: 51 § 207-n. Performance of duty disability retirement. Notwithstanding 52 the provisions of any general, special or local law or administrative 53 code to the contrary, but except for the purposes of the workers' 54 compensation law and the labor law, a paid member of the uniformed force 55 of a paid correction department, where such paid member is drawn from 56 competitive civil service lists, who successfully passed a physicalA. 7866 36 1 examination on entry into the service of such department, who contracts 2 HIV (where there may have been exposure to a bodily fluid of an [inmate] 3 incarcerated individual or any person confined in an institution under 4 the jurisdiction of the department of [correction] corrections and 5 community supervision, or the department of health, or any person who 6 has been committed to such institution by any court as a natural and 7 proximate result of an act of any [inmate] incarcerated individual or 8 person described above, that may have involved transmission of a speci- 9 fied transmissible disease from an [inmate] incarcerated individual or 10 person described above to the member), tuberculosis or hepatitis will be 11 presumed to have contracted such disease in the performance or discharge 12 of his or her duties, unless the contrary be proved by competent 13 evidence. 14 § 64. Intentionally omitted. 15 § 65. Paragraph (b) of subdivision 1 of section 671 of the county law, 16 as amended by chapter 491 of the laws of 1987, is amended to read as 17 follows: 18 (b) shall make inquiry into all deaths whether natural or unnatural in 19 his or her county occurring to an [inmate] incarcerated individual of a 20 correctional facility as defined by subdivision three of section forty 21 of the correction law, whether or not the death occurred inside such 22 facility. 23 § 66. Subdivision 5 of section 674 of the county law, as amended by 24 chapter 490 of the laws of 2015, is amended to read as follows: 25 5. Notwithstanding section six hundred seventy of this article or any 26 other provision of law, the coroner, coroner's physician or medical 27 examiner shall promptly perform or cause to be performed an autopsy and 28 to prepare an autopsy report which shall include a toxicological report 29 and any report of any examination or inquiry with respect to any death 30 occurring within his or her county to an [inmate] incarcerated individ- 31 ual of a correctional facility as defined by subdivision three of 32 section forty of the correction law, whether or not the death occurred 33 inside such facility. 34 § 67. Subdivision 6 of section 677 of the county law, as amended by 35 chapter 490 of the laws of 2015, is amended to read as follows: 36 6. Notwithstanding section six hundred seventy of this article or any 37 other provision of law, the coroner, coroner's physician or medical 38 examiner shall promptly provide the chairman of the correction medical 39 review board and the commissioner of corrections and community super- 40 vision with copies of any autopsy report, toxicological report or any 41 report of any examination or inquiry prepared with respect to any death 42 occurring to an [inmate] incarcerated individual of a correctional 43 facility as defined by subdivision three of section forty of the 44 correction law within his or her county; and shall promptly provide the 45 executive director of the justice center for the protection of people 46 with special needs with copies of any autopsy report, toxicology report 47 or any report of any examination or inquiry prepared with respect to the 48 death of any service recipient occurring while he or she was a resident 49 in any facility operated, licensed or certified by any agency within the 50 department of mental hygiene, the office of children and family 51 services, the department of health or the state education department. If 52 the toxicological report is prepared pursuant to any agreement or 53 contract with any person, partnership, corporation or governmental agen- 54 cy with the coroner or medical examiner, such report shall be promptly 55 provided to the chairman of the correction medical review board, the 56 commissioner of corrections and community supervision or the executiveA. 7866 37 1 director of the justice center for people with special needs, as appro- 2 priate, by such person, partnership, corporation or governmental agency. 3 § 68. Intentionally omitted. 4 § 69. Intentionally omitted. 5 § 70. Paragraph b of subdivision 1 of section 272 of the education 6 law, as amended by section 88 of subpart B of part C of chapter 62 of 7 the laws of 2011, is amended to read as follows: 8 b. The "area served" by a public library system for the purposes of 9 this article shall mean the area which the public library system 10 proposes to serve in its approved plan of service. In determining the 11 population of the area served by the public library system the popu- 12 lation shall be deemed to be that shown by the latest federal census for 13 the political subdivisions in the area served. Such population shall be 14 certified in the same manner as provided by section fifty-four of the 15 state finance law except that such population shall include the reserva- 16 tion and school Indian population and [inmates] incarcerated individuals 17 of state institutions under the direction, supervision or control of the 18 state department of corrections and community supervision, the state 19 department of mental hygiene and the state department of social welfare. 20 In the event that any of the political subdivisions receiving library 21 service are included within a larger political subdivision which is a 22 part of the public library system the population used for the purposes 23 of computing state aid shall be the population of the larger political 24 subdivision, provided however, that where any political subdivision 25 within a larger political subdivision shall have taken an interim census 26 since the last census taken of the larger political subdivision, the 27 population of the larger political subdivision may be adjusted to 28 reflect such interim census and, as so adjusted, may be used until the 29 next census of such larger political subdivision. In the event that the 30 area served is not coterminous with a political subdivision, the popu- 31 lation of which is shown on such census, or the area in square miles of 32 which is available from official sources, such population and area shall 33 be determined, for the purpose of computation of state aid pursuant to 34 section two hundred seventy-three of this part by applying to the popu- 35 lation and area in square miles of such political subdivision, the ratio 36 which exists between the assessed valuation of the portion of such poli- 37 tical subdivision included within the area served and the total assessed 38 valuation of such political subdivision. 39 § 71. Section 285 of the education law, as amended by section 6 of 40 part O of chapter 57 of the laws of 2005, is amended to read as follows: 41 § 285. State aid for cooperation with correctional facilities. 1. Each 42 public library system operating under an approved plan of service which 43 has a state correctional facility or facilities within its area of 44 service shall be awarded an annual grant of nine dollars twenty-five 45 cents per capita for the [inmate] incarcerated individual population of 46 such facility or facilities to make available to the [inmate] incarcer- 47 ated individual population of such facility or facilities, in direct 48 coordination with the correctional facilities libraries, the library 49 resources of such system. The commissioner shall adopt any regulations 50 necessary to carry out the purposes and provisions of this subdivision. 51 2. The commissioner is authorized to expend up to one hundred seven- 52 ty-five thousand dollars annually to provide grants to public library 53 systems operating under an approved plan of service for provision of 54 services to county jail facilities. Such formula grants shall assist the 55 library system in making available to the [inmate] incarcerated individ- 56 ual population of such facility or facilities the library resources ofA. 7866 38 1 such system. Such grants shall be available to each public library 2 system in such manner as to insure that the ratio of the amount each 3 system is eligible to receive equals the ratio of the number of 4 [inmates] incarcerated individuals served by the county jail facility to 5 the total number of [inmates] incarcerated individuals served by county 6 jail facilities in the state as of July first of the year preceding the 7 calendar year in which the state aid to public library systems is to be 8 paid. [Inmate] Incarcerated individual populations shall be certified by 9 the New York state commission of correction. The commissioner shall 10 adopt any regulations necessary to carry out the purposes and provisions 11 of this subdivision. 12 § 72. Subdivision 3 of section 2016 of the education law, as amended 13 by chapter 801 of the laws of 1953, is amended to read as follows: 14 3. An affidavit by any officer or employee of the board of education 15 or any police officer, sheriff or deputy sheriff that he or she visited 16 the premises claimed by the applicant as his or her residence, and that 17 he or she interrogated an [inmate] incarcerated individual, housedwel- 18 ler, keeper or caretaker, owner, proprietor, or landlord thereof or 19 therein, as to the applicant's residence therein or thereat, and that he 20 or she was informed by one or more of such persons, naming them, that 21 they knew the persons residing upon such premises and that the applicant 22 did not reside upon such premises thirty days before the meeting or 23 election shall be presumptive evidence against the right of the voter to 24 register from such premises. 25 § 73. Subdivision (h) of section 19.07 of the mental hygiene law, as 26 amended by section 118-f of subpart B of part C of chapter 62 of the 27 laws of 2011, is amended to read as follows: 28 (h) The office of alcoholism and substance abuse services shall moni- 29 tor programs providing care and treatment to [inmates] incarcerated 30 individuals in correctional facilities operated by the department of 31 corrections and community supervision who have a history of alcohol or 32 substance abuse or dependence. The office shall also develop guidelines 33 for the operation of alcohol and substance abuse treatment programs in 34 such correctional facilities in order to ensure that such programs 35 sufficiently meet the needs of [inmates] incarcerated individuals with a 36 history of alcohol or substance abuse or dependence and promote the 37 successful transition to treatment in the community upon release. No 38 later than the first day of December of each year, the office shall 39 submit a report regarding the adequacy and effectiveness of alcohol and 40 substance abuse treatment programs operated by the department of 41 corrections and community supervision to the governor, the temporary 42 president of the senate, the speaker of the assembly, the chairman of 43 the senate committee on crime victims, crime and correction, and the 44 chairman of the assembly committee on correction. 45 § 74. Section 29.27 of the mental hygiene law, as added by chapter 766 46 of the laws of 1976, subdivision (c) as amended by chapter 789 of the 47 laws of 1985, subdivisions (e), (f), (g), (i) and (j) as amended by 48 section 118-h of subpart B of part C of chapter 62 of the laws of 2011, 49 is amended to read as follows: 50 § 29.27 [Inmate] Incarcerated individual-patients placed in the custody 51 of the department. 52 (a) As used in this section, the term "[inmate] incarcerated individ- 53 ual-patient" means a person committed pursuant to the provisions of 54 article sixteen of the correction law to the custody of the department 55 of mental hygiene for care and treatment.A. 7866 39 1 (b) The commissioner shall provide a facility or facilities in which 2 [inmate] incarcerated individual-patients may be retained for care and 3 treatment. 4 (c) An [inmate] incarcerated individual-patient may be retained for 5 care and treatment in the facility designated by the commissioner for 6 the period stated in the order committing the [inmate] incarcerated 7 individual-patient to the custody of the department unless sooner trans- 8 ferred or discharged in accordance with law. If the [inmate] incarcerat- 9 ed individual-patient requires inpatient care and treatment for mental 10 illness beyond such authorized period, the director of the facility 11 where he or she is kept in custody shall apply for an order of retention 12 or subsequent orders of retention in accordance with the procedures set 13 forth in article nine of this chapter for the retention of patients. The 14 provisions of this chapter applying to the rights of patients with 15 respect to notices, hearings, judicial review, writ of habeas corpus, 16 and the services of the mental hygiene legal service shall apply to 17 [inmate] incarcerated individual-patients except that in no case shall 18 an [inmate] incarcerated individual-patient be discharged or released 19 from custody prior to the time that such [inmate] incarcerated individ- 20 ual-patient has completed his or her term of imprisonment or that his or 21 her release from custodial confinement in the correctional facility or 22 jail from which he or she was delivered to the department has been duly 23 authorized. 24 (d) During the period of his or her custody in the department of 25 mental hygiene pursuant to this section, an [inmate] incarcerated indi- 26 vidual-patient shall be entitled to the rights to care and treatment set 27 forth in section 15.03 of this chapter and to such other rights granted 28 to patients by this chapter, as determined by regulation of the commis- 29 sioner, which are not inconsistent with his or her status as a person 30 legally subject to confinement in a correctional facility or jail or 31 with the mandate of secure custody of such [inmate] incarcerated indi- 32 vidual-patient. 33 (e) When the director of the facility in which the [inmate] incarcer- 34 ated individual-patient is in custody finds that the [inmate] incarcer- 35 ated individual-patient is no longer mentally ill or no longer requires 36 hospitalization for care and treatment, he or she shall so notify the 37 [inmate] incarcerated individual-patient and commissioner of corrections 38 and community supervision or, in the case of an [inmate] incarcerated 39 individual-patient coming from a jail or correctional institution oper- 40 ated by local government, the officer in charge of the jail or correc- 41 tional institution from which the [inmate] incarcerated 42 individual-patient was committed. The commissioner of corrections and 43 community supervision or such officer, as the case may be, shall imme- 44 diately arrange to take such [inmate] incarcerated individual-patient 45 into custody and return him or her to a correctional facility or to the 46 jail or correctional institution operated by local government. 47 (f) Upon delivery of the [inmate] incarcerated individual-patient to 48 the representative of the commissioner of corrections and community 49 supervision or of an officer in charge of a jail or correctional insti- 50 tution operated by local government, the responsibility of the depart- 51 ment and its facilities for the custody of the [inmate] incarcerated 52 individual-patient shall terminate. Where the [inmate] incarcerated 53 individual is returned to a state correctional facility, the department 54 shall continue to be responsible for the [inmate] incarcerated individ- 55 ual-patient's psychiatric care if the [inmate] incarceratedA. 7866 40 1 individual-patient upon his or her return is in a program established 2 pursuant to section four hundred one of the correction law. 3 (g) If an [inmate] incarcerated individual-patient in the custody of 4 the department escapes from custody, immediate notice shall be given to 5 the commissioner of corrections and community supervision or, in the 6 case of an [inmate] incarcerated individual-patient coming from a jail 7 or correctional institution operated by local government, to the officer 8 in charge of such jail or correctional institution. Notice shall also be 9 given to appropriate law enforcement authorities. 10 (h) The cost of care and treatment of an [inmate] incarcerated indi- 11 vidual-patient in a department facility shall be a charge upon the 12 department if the [inmate] incarcerated individual-patient was committed 13 from a state correctional facility or upon the local government from 14 which the [inmate] incarcerated individual-patient was committed. 15 (i) Upon release of an [inmate] incarcerated individual-patient from a 16 facility, the director shall forward a copy of all health and psychiat- 17 ric records to the commissioner of corrections and community supervision 18 or to the officer in charge of a jail or correctional institution oper- 19 ated by local government, as the case may be. 20 (j) If the sentence for which an [inmate] incarcerated 21 individual-patient is confined expires or is vacated or modified by 22 court order, the director shall so notify the commissioner of 23 corrections and community supervision or such officer in charge of a 24 jail or correctional institution operated by local government, as appro- 25 priate. 26 § 75. The section heading and subdivision (a) of section 29.28 of the 27 mental hygiene law, as added by section 5 of subpart C of part C of 28 chapter 97 of the laws of 2011, are amended to read as follows: 29 Payment of costs for prosecution of [inmate] incarcerated 30 individual-patients. 31 (a) When an [inmate] incarcerated individual-patient, as defined in 32 subdivision (a) of section 29.27 of this article, who was committed from 33 a state correctional facility, is alleged to have committed an offense 34 while in the custody of the department, the department of corrections 35 and community supervision shall pay all reasonable costs for the prose- 36 cution of such offense, including but not limited to, costs for: a grand 37 jury impaneled to hear and examine evidence of such offense, petit 38 jurors, witnesses, the defense of any [inmate] incarcerated individual 39 financially unable to obtain counsel in accordance with the provisions 40 of the county law, the district attorney, the costs of the sheriff and 41 the appointment of additional court attendants, officers or other judi- 42 cial personnel. 43 § 76. Subdivision (g) of section 33.08 of the mental hygiene law, as 44 added by chapter 709 of the laws of 1986, is amended to read as follows: 45 (g) For the purposes of this section, a person who has been admitted 46 to central New York psychiatric center from a state correctional facili- 47 ty or county jail pursuant to section four hundred two of the correction 48 law shall not be considered a patient in a hospital operated by the 49 office of mental health. Notwithstanding any other provision of this 50 section, a person who has been admitted to central New York psychiatric 51 center from a county jail pursuant to section four hundred two of the 52 correction law shall be entitled to receive a monthly state payment for 53 personal needs in an amount equal to, and calculated in the same manner 54 as, an incentive allowance which is provided to an [inmate] incarcerated 55 individual of a state correctional institution pursuant to section two 56 hundred of the correction law.A. 7866 41 1 § 77. Paragraph 10 of subdivision (c) of section 33.13 of the mental 2 hygiene law, as amended by section 118-i of subpart B of part C of chap- 3 ter 62 of the laws of 2011, is amended to read as follows: 4 10. to a correctional facility, when the chief administrative officer 5 has requested such information with respect to a named [inmate] incar- 6 cerated individual of such correctional facility as defined by subdivi- 7 sion three of section forty of the correction law or to the department 8 of corrections and community supervision, when the department has 9 requested such information with respect to a person under its jurisdic- 10 tion or an [inmate] incarcerated individual of a state correctional 11 facility, when such [inmate] incarcerated individual is within four 12 weeks of release from such institution to community supervision. Infor- 13 mation released pursuant to this paragraph may be limited to a summary 14 of the record, including but not limited to: the basis for referral to 15 the facility; the diagnosis upon admission and discharge; a diagnosis 16 and description of the patient's or client's current mental condition; 17 the current course of treatment, medication and therapies; and the 18 facility's recommendation for future mental hygiene services, if any. 19 Such information may be forwarded to the department of corrections and 20 community supervision staff in need of such information for the purpose 21 of making a determination regarding an [inmate's] incarcerated individ- 22 ual's health care, security, safety or ability to participate in 23 programs. In the event an [inmate] incarcerated individual is trans- 24 ferred, the sending correctional facility shall forward, upon request, 25 such summaries to the chief administrative officer of any correctional 26 facility to which the [inmate] incarcerated individual is subsequently 27 incarcerated. The office of mental health and the office for people 28 with developmental disabilities, in consultation with the commission of 29 correction and the department of corrections and community supervision, 30 shall promulgate rules and regulations to implement the provisions of 31 this paragraph. 32 § 78. Intentionally omitted. 33 § 79. Subdivisions a and b of section 63-a of the retirement and 34 social security law, subdivision a as amended by section 138 of subpart 35 B of part C of chapter 62 of the laws of 2011 and subdivision b as added 36 by chapter 722 of the laws of 1996, are amended to read as follows: 37 a. Any member in the uniformed personnel in institutions under the 38 jurisdiction of the department of corrections and community supervision 39 or a security hospital treatment assistant, as those terms are defined 40 in subdivision i of section eighty-nine of this article, who becomes 41 physically or mentally incapacitated for the performance of duties as 42 the natural and proximate result of an injury, sustained in the perform- 43 ance or discharge of his or her duties by, or as the natural and proxi- 44 mate result of an act of any [inmate] incarcerated individual or any 45 person confined in an institution under the jurisdiction of the depart- 46 ment of corrections and community supervision or office of mental 47 health, or by any person who has been committed to such institution by 48 any court shall be paid a performance of duty disability retirement 49 allowance equal to that which is provided in section sixty-three of this 50 title, subject to the provisions of section sixty-four of this title. 51 b. Notwithstanding any provision of this chapter or of any general or 52 special law to the contrary, a member covered by this section who 53 contracts HIV (where there may have been an exposure to a bodily fluid 54 of an [inmate] incarcerated individual or a person described in subdivi- 55 sion a of this section as a natural and proximate result of an act of 56 any [inmate] incarcerated individual or person described in [such]A. 7866 42 1 subdivision a that may have involved transmission of a specified tran- 2 smissible disease from an [inmate] incarcerated individual or such 3 person described in [such] subdivision a to the retirement system 4 member), tuberculosis or hepatitis will be presumed to have contracted 5 such disease in the performance or discharge of his or her duties, and 6 will be presumed to be disabled from the performance of his or her 7 duties, unless the contrary be proved by competent evidence. 8 § 80. Subdivisions b and c of section 63-b of the retirement and 9 social security law, as added by chapter 639 of the laws of 1999, are 10 amended to read as follows: 11 b. Any sheriff, deputy sheriff, undersheriff, or correction officer as 12 defined in subdivision a of this section, who becomes physically or 13 mentally incapacitated for the performance of duties as the natural and 14 proximate result of an injury, sustained in the performance or discharge 15 of his or her duties by, or as the natural and proximate result of an 16 act of any [inmate] incarcerated individual or any person confined in an 17 institution under the jurisdiction of such county, shall be paid a 18 performance of duty disability retirement allowance equal to that which 19 is provided in section sixty-three of this title, subject to the 20 provisions of section sixty-four of this title. 21 c. Notwithstanding any provision of this chapter or of any general or 22 special law to the contrary, a member covered by this section who 23 contracts HIV (where there may have been an exposure to a bodily fluid 24 of an [inmate] incarcerated individual or a person defined in subdivi- 25 sion b of this section as a natural and proximate result of an act of 26 any [inmate] incarcerated individual or person described in such subdi- 27 vision b that may have involved transmission of a specified transmissi- 28 ble disease from an [inmate] incarcerated individual or person described 29 in such subdivision b to the retirement system member), tuberculosis or 30 hepatitis will be presumed to have contracted such disease in the 31 performance or discharge of his or her duties, and will be presumed to 32 be disabled from the performance of his or her duties, unless the 33 contrary be proved by competent evidence. 34 § 81. Subdivision i of section 89 of the retirement and social securi- 35 ty law, as amended by section 139 of subpart B of part C of chapter 62 36 of the laws of 2011, is amended to read as follows: 37 i. As used in this section, "uniformed persons" or "uniformed person- 38 nel" in institutions under the jurisdiction of the department of 39 corrections and community supervision or "security hospital treatment 40 assistants" under the jurisdiction of the office of mental health mean 41 officers or employees holding the titles hereinafter set forth in insti- 42 tutions under the jurisdiction of the department of corrections and 43 community supervision or under the jurisdiction of the office of mental 44 health, namely: correction officers, prison guards, correction 45 sergeants, correction lieutenants, correction captains, deputy assistant 46 superintendent or warden, deputy warden or deputy superintendent, super- 47 intendents and wardens, assistant director and director of correction 48 reception center, director of correctional program, assistant director 49 of correctional program, director of community correctional center, 50 community correctional center assistant, correction hospital officers, 51 male or female, correction hospital senior officers, correction hospital 52 charge officer, correction hospital supervising officer, correction 53 hospital security supervisor, correction hospital chief officer, 54 correction youth camp officer, correction youth camp supervisor, assist- 55 ant supervisor, correctional camp superintendent, assistant correctional 56 camp superintendent, director of crisis intervention unit, assistantA. 7866 43 1 director of crisis intervention unit, security hospital treatment 2 assistants, security hospital treatment assistants (Spanish speaking), 3 security hospital senior treatment assistants, security hospital super- 4 vising treatment assistants and security hospital treatment chiefs. 5 Previous service rendered under the titles by which such positions were 6 formerly designated and previous service rendered as a narcotic 7 addiction control commission officer shall constitute creditable 8 service. Notwithstanding any provision of law to the contrary, any 9 employee of the department of corrections and community supervision who 10 became enrolled under this section by reason of employment as a 11 uniformed person in an institution under the jurisdiction of the depart- 12 ment of corrections and community supervision shall be entitled to full 13 retirement credit for, and full allowance shall be made under this 14 section for the service of such employee, not to exceed twelve years, 15 while assigned to the training academy or central office, in the follow- 16 ing titles, namely: correction officer, correction sergeant, correction 17 lieutenant, correction captain, correctional services investigator, 18 senior correctional services employee investigator, correctional 19 services fire and safety coordinator, director of special housing and 20 [inmate] incarcerated individual disciplinary program, assistant direc- 21 tor of special housing and [inmate] incarcerated individual disciplinary 22 program, assistant chief of investigations, director of CERT operations, 23 correctional facility operations specialist, director of security staff- 24 ing project, correctional security technical services specialist, 25 assistant commissioner and deputy commissioner. 26 § 82. Subdivisions a and b of section 507-b of the retirement and 27 social security law, subdivision a as amended by section 146 of subpart 28 B of part C of chapter 62 of the laws of 2011 and subdivision b as added 29 by chapter 722 of the laws of 1996, are amended to read as follows: 30 a. Any member in the uniformed personnel in institutions under the 31 jurisdiction of the department of corrections and community supervision 32 or a security hospital treatment assistant, as those terms are defined 33 in subdivision i of section eighty-nine of this chapter, who becomes 34 physically or mentally incapacitated for the performance of duties as 35 the natural and proximate result of an injury, sustained in the perform- 36 ance or discharge of his or her duties by, or as a natural and proximate 37 result of, an act of any [inmate] incarcerated individual or any person 38 confined in an institution under the jurisdiction of the department of 39 corrections and community supervision or office of mental health, or by 40 any person who has been committed to such institution by any court shall 41 be paid a performance of duty disability retirement allowance equal to 42 that which is provided in section sixty-three of this chapter, subject 43 to the provisions of section sixty-four of this chapter. 44 b. Notwithstanding any provision of this chapter or of any general or 45 special law to the contrary, a member covered by this section who 46 contracts HIV (where there may have been an exposure to a bodily fluid 47 of an [inmate] incarcerated individual or a person described in subdivi- 48 sion a of this section as a natural and proximate result of an act of 49 any [inmate] incarcerated individual or person described in such subdi- 50 vision a that may have involved transmission of a specified transmissi- 51 ble disease from an [inmate] incarcerated individual or such person 52 described in such subdivision a to the retirement system member), tuber- 53 culosis or hepatitis will be presumed to have contracted such disease in 54 the performance or discharge of his or her duties, and will be presumed 55 to be disabled from the performance of his or her duties, unless the 56 contrary be proved by competent evidence.A. 7866 44 1 § 83. Subdivisions a and b of section 507-c of the retirement and 2 social security law, subdivision a as amended by chapter 18 of the laws 3 of 2012 and subdivision b as added by chapter 622 of the laws of 1997, 4 are amended to read as follows: 5 a. Any member in the uniformed personnel in institutions under the 6 jurisdiction of the New York city department of correction, who becomes 7 physically or mentally incapacitated for the performance of duties as 8 the natural and proximate result of an injury, sustained in the perform- 9 ance or discharge of his or her duties by, or as a natural and proximate 10 result of, an act of any [inmate] incarcerated individual or any person 11 confined in an institution under the jurisdiction of the department of 12 correction or the department of health, or by any person who has been 13 committed to such institution by any court shall be paid a performance 14 of duty disability retirement allowance equal to three-quarters of final 15 average salary, subject to the provisions of section 13-176 of the 16 administrative code of the city of New York, provided, however, that the 17 provisions of this section shall not apply to a member of the uniformed 18 force of the New York city department of correction who is a New York 19 city uniformed correction/sanitation revised plan member. 20 b. Notwithstanding any provision of this chapter or of any general or 21 special law to the contrary, a member covered by this section who 22 contracts HIV (where there may have been an exposure to a bodily fluid 23 of an [inmate] incarcerated individual or a person described in subdivi- 24 sion a of this section as a natural and proximate result of an act of 25 any [inmate] incarcerated individual or person described in subdivision 26 a of this section that may have involved transmission of a specified 27 transmissible disease from an [inmate] incarcerated individual or such 28 person described in such subdivision a to the retirement system member), 29 tuberculosis or hepatitis will be presumed to have contracted such 30 disease in the performance or discharge of his or her duties, and will 31 be presumed to be disabled from the performance of his or her duties, 32 unless the contrary be proved by competent evidence. 33 § 84. Subdivision b of section 607-a of the retirement and social 34 security law, as added by chapter 722 of the laws of 1996, is amended to 35 read as follows: 36 b. Notwithstanding any provision of this chapter or of any general or 37 special law to the contrary, a member covered by this section who 38 contracts HIV (where there may have been an exposure to a bodily fluid 39 of an [inmate] incarcerated individual or a person described in subdivi- 40 sion a of this section as a natural and proximate result of an act of 41 any [inmate] incarcerated individual or person described in such subdi- 42 vision a that may have involved transmission of a specified transmissi- 43 ble disease from an [inmate] incarcerated individual or such person 44 described in such subdivision a to the retirement system member), tuber- 45 culosis or hepatitis will be presumed to have contracted such disease in 46 the performance or discharge of his or her duties, and will be presumed 47 to be disabled from the performance of his or her duties, unless the 48 contrary be proved by competent evidence. 49 § 85. Subdivisions a and b of section 607-c of the retirement and 50 social security law, as added by chapter 639 of the laws of 1999, are 51 amended to read as follows: 52 a. Any sheriff, deputy sheriff, undersheriff or correction officer as 53 defined in subdivision a of section sixty-three-b of this chapter, and 54 who are employed in a county which makes an election pursuant to subdi- 55 vision d of such section sixty-three-b, who becomes physically or 56 mentally incapacitated for the performance of duties as the natural andA. 7866 45 1 proximate result of an injury, sustained in the performance or discharge 2 of his or her duties by, or as the natural and proximate result of any 3 act of any [inmate] incarcerated individual or any person confined in an 4 institution under the jurisdiction of such county, shall be paid a 5 performance of duty disability retirement allowance equal to that which 6 is provided in section sixty-three of this chapter, subject to the 7 provisions of section sixty-four of this chapter. 8 b. Notwithstanding any provision of this chapter or of any general or 9 special law to the contrary, a member covered by this section who 10 contracts HIV (where there may have been an exposure to a bodily fluid 11 of an [inmate] incarcerated individual or a person defined in subdivi- 12 sion a of this section as a natural and proximate result of an act of 13 any [inmate] incarcerated individual or person described in such subdi- 14 vision a that may have involved transmission of a specified transmissi- 15 ble disease from an [inmate] incarcerated individual or person described 16 in such subdivision a to the retirement system member), tuberculosis or 17 hepatitis will be presumed to have contracted such disease in the 18 performance or discharge of his or her duties, and will be presumed to 19 be disabled from the performance of his or her duties, unless the 20 contrary be proved by competent evidence. 21 § 86. Subdivision (b) of section 118 of the social services law, as 22 added by chapter 200 of the laws of 1946, is amended to read as follows: 23 (b) an [inmate] incarcerated individual of any public institution or 24 any incorporated private institution, or 25 § 87. Subdivisions 1, 2, 5, 6, 7, 8 and 8-a of section 194 of the 26 social services law, subdivision 8 as added by chapter 226 of the laws 27 of 1950 and subdivision 8-a as added by chapter 805 of the laws of 1962, 28 are amended to read as follows: 29 1. be responsible for the management of the home and for the care of 30 its [inmates] incarcerated individuals, 31 2. have control of the admission and discharge of [inmates] incarcer- 32 ated individuals of the home, 33 5. classify the [inmates] incarcerated individuals of the home, and 34 provide the type of care best fitted to their needs and carry out the 35 recommendations of the attending physician in regard to their care, 36 6. establish rules for the administration of the public home and for 37 the conduct and employment of the [inmates] incarcerated individuals 38 thereof; but such rules shall not be valid unless approved in writing by 39 the department, 40 7. as far as practicable provide suitable employment for any [inmate] 41 incarcerated individual whom the attending physician pronounces able to 42 work, assigning such inmates to such labor in connection with the farm 43 and garden, or the care and upkeep of the buildings or other suitable 44 tasks in the public home as they may be deemed capable of performing, 45 and providing occupational and other diversions as may be for the best 46 interests of the [inmates] incarcerated individuals, 47 8. when in their individual judgment and discretion it appears advis- 48 able, for purposes of rehabilitation, to provide incentive compensation 49 to an [inmate] incarcerated individual, in any amount or amounts total- 50 ling ten dollars or less per month, for work assigned and performed in 51 or about the public home, farm and garden; but the payment of any such 52 reward shall not be deemed, for the purposes of any law, to make the 53 [inmate] incarcerated individual receiving the same an employee of the 54 public home or of the county or city maintaining such home, 55 8-a. deposit as prescribed in section eighty-seven of this chapter, 56 any and all moneys received by him or her for the use of a particularA. 7866 46 1 [inmate] incarcerated individual or [inmates] incarcerated individuals 2 of the public home[.], 3 § 88. Section 194-a of the social services law, as added by chapter 4 384 of the laws of 1961, is amended to read as follows: 5 § 194-a. Additional power of work assignment granted to commissioner 6 of public welfare of Monroe county. When, pursuant to the provisions of 7 subdivision eight of section one hundred ninety-four of this [chapter] 8 title, the commissioner of public welfare of Monroe county deems it 9 advisable to assign work to an [inmate] incarcerated individual, such 10 work may be assigned and performed in or about not only the public home, 11 farm and garden but also any other property maintained under his super- 12 vision. The payment of any reward pursuant to such subdivision eight 13 shall not be deemed, for the purposes of any law, to make the [inmate] 14 incarcerated individual receiving the same an employee of the public 15 home or of the county or city maintaining such home or such other prop- 16 erty maintained under the commissioner's jurisdiction. 17 § 89. Section 195 of the social services law is amended to read as 18 follows: 19 § 195. Medical care. 1. Each [inmate] incarcerated individual shall be 20 examined by the attending physician or physicians as soon after admis- 21 sion to the public home as practicable. 22 2. A medical record shall be kept for each [inmate] incarcerated indi- 23 vidual, in which shall be recorded his or her condition on admission, 24 the physician's recommendation of the type of care to be given him or 25 her and any medical attention given to the [inmate] incarcerated indi- 26 vidual subsequent to the examination on admission. 27 3. The physician shall be responsible for the medical care given 28 [inmates] incarcerated individuals who are ill, and shall give such 29 orders as he considers necessary for their welfare. He or she shall (a) 30 visit the public home at regular intervals and shall re-examine the 31 [inmates] incarcerated individuals periodically, as the need of the 32 [inmates] incarcerated individuals may require, 33 (b) also visit the public home, on call of the superintendent, in case 34 of the illness of any [inmate] incarcerated individual, 35 (c) make such recommendations to the commissioner of public welfare as 36 to changes, improvements and additional equipment as he may deem neces- 37 sary for the adequate care of the [inmates] incarcerated individuals of 38 such home. 39 4. Any physician who accepts an appointment as attending physician to 40 the [inmates] incarcerated individuals of a public home shall be obli- 41 gated to carry out the provisions of this section. The commissioner may 42 dismiss an attending physician who fails to fulfill such duties. 43 § 90. Section 196 of the social services law is amended to read as 44 follows: 45 § 196. Report on needs of [inmates] incarcerated individuals of public 46 homes. It shall be the duty of the commissioner of public welfare to 47 report to the legislative body as to the needs of the home and to make 48 recommendations of any changes, improvements, additional equipment or 49 other provision which he or she may consider necessary to provide 50 adequate care for the [inmates] incarcerated individuals. 51 § 91. Section 197 of the social services law is amended to read as 52 follows: 53 § 197. [Inmates'] Incarcerated individuals' right of appeal. Any 54 [inmate] incarcerated individual of a public home, who considers himself 55 or herself to have a cause for complaint against any officer or employeeA. 7866 47 1 of the public home, shall have the right of appeal to the superintendent 2 of the public home, and to the commissioner of public welfare. 3 § 92. Section 198 of the social services law, as amended by chapter 82 4 of the laws of 1941, is amended to read as follows: 5 § 198. Control of [inmates] incarcerated individuals. If any [inmate] 6 incarcerated individual shall wilfully disobey the rules of the home in 7 such a way as to be detrimental to the welfare of the other [inmates] 8 incarcerated individuals, the commissioner may institute a proceeding in 9 a court of competent jurisdiction against such [inmate] incarcerated 10 individual for disorderly conduct. 11 § 93. Section 199 of the social services law, as amended by chapter 12 195 of the laws of 1973, is amended to read as follows: 13 § 199. Power of commissioner of public welfare to detain certain 14 [inmates] incarcerated individuals. The commissioner of public welfare 15 shall have power to detain in the public home, pending a vacancy for 16 such person in a state institution, a person over the age of sixteen who 17 has been certified as mentally retarded or epileptic in accordance with 18 the provisions of the mental hygiene law and for whom an application for 19 admission to a state institution has been made. Whenever the commission- 20 er shall so detain an [inmate] incarcerated individual in the public 21 home he or she shall at once notify the state department of mental 22 hygiene. 23 § 94. Subdivisions 2, 4 and 6 of section 200 of the social services 24 law, are amended to read as follows: 25 2. utilize the labor of such of the [inmates] incarcerated individuals 26 of the public home as may in the judgment of the attending physician be 27 able to work on the farm, 28 4. sell such surplus produce and proceeds of such farm and labor as 29 may remain after the needs of the [inmates] incarcerated individuals of 30 the public home have been supplied, 31 6. keep a record of the work of the farm, including the labor of the 32 [inmates] incarcerated individuals of the public home on the farm and of 33 the produce and proceeds of the farm supplied for the use of the public 34 home, with the estimated value of such produce and proceeds, 35 § 95. Intentionally omitted. 36 § 96. Subdivision 1-a of section 366 of the social services law, as 37 amended by section 21-a of part B of chapter 59 of the laws of 2016, is 38 amended to read as follows: 39 1-a. Notwithstanding any other provision of law, in the event that a 40 person who is an [inmate] incarcerated individual of a state or local 41 correctional facility, as defined in section two of the correction law, 42 was in receipt of medical assistance pursuant to this title immediately 43 prior to being admitted to such facility, such person shall remain 44 eligible for medical assistance while an [inmate] incarcerated individ- 45 ual, except that no medical assistance shall be furnished pursuant to 46 this title for any care, services, or supplies provided during such time 47 as the person is an [inmate] incarcerated individual; provided, however, 48 that nothing herein shall be deemed as preventing the provision of 49 medical assistance for inpatient hospital services furnished to an 50 [inmate] incarcerated individual at a hospital outside of the premises 51 of such correctional facility or pursuant to other federal authority 52 authorizing the provision of medical assistance to an [inmate] incarcer- 53 ated individual of a state or local correctional facility during the 54 thirty days prior to release, to the extent that federal financial 55 participation is available for the costs of such services. Upon release 56 from such facility, such person shall continue to be eligible forA. 7866 48 1 receipt of medical assistance furnished pursuant to this title until 2 such time as the person is determined to no longer be eligible for 3 receipt of such assistance. To the extent permitted by federal law, the 4 time during which such person is an [inmate] incarcerated individual 5 shall not be included in any calculation of when the person must recer- 6 tify his or her eligibility for medical assistance in accordance with 7 this article. The state may seek federal authority to provide medical 8 assistance for transitional services including but not limited to 9 medical, prescription, and care coordination services for high needs 10 [inmates] incarcerated individuals in state and local correctional 11 facilities during the thirty days prior to release. 12 § 97. Intentionally omitted. 13 § 98. Section 480 of the social services law is amended to read as 14 follows: 15 § 480. Labor of children not to be hired out. It shall be unlawful 16 for the trustees or managers of any house of refuge, reformatory or 17 other correctional institution, to contract, hire, or let by the day, 18 week or month, or any longer period, the services or labor of any child 19 or children, now or hereafter committed to or [inmates] incarcerated 20 individual of such institutions. 21 § 99. Section 69 of the general business law, as amended by section 1 22 of part A of chapter 62 of the laws of 2003, the second undesignated 23 paragraph as amended by section 115 of subpart B of part C of chapter 62 24 of the laws of 2011, is amended to read as follows: 25 § 69. Sale of [inmate] incarcerated individual made goods. No goods, 26 wares, or merchandise, manufactured, produced or mined wholly or in part 27 by [inmates] incarcerated individuals, except [inmates] incarcerated 28 individuals or persons on parole, probation, or release, shall be sold 29 in this state to any person, firm, association or corporation except 30 that nothing in this section shall be construed to forbid the sale of 31 such goods produced in the correctional facilities of this state to the 32 state, the government of the United States or to any state of the United 33 States, or any political subdivision thereof, or for any public institu- 34 tion owned or managed and controlled by the state, or any political 35 subdivision thereof, as provided in section one hundred eighty-four of 36 the correction law, or any public corporation or eleemosynary associ- 37 ation or corporation funded in whole or in part by any federal, state or 38 local funds, or to forbid the sale, subject to the rules and regulations 39 of the head of the department or other like governmental authority 40 having jurisdiction, of any product resulting from occupational therapy 41 within any penal or correctional institution, as provided in section one 42 hundred ninety-seven of the correction law. 43 Nothing in this section shall be construed to forbid the sale of parts 44 and components produced by [inmate] incarcerated individual labor in 45 correctional industry programs of the government of the United States or 46 any state of the United States, or any political subdivision thereof, to 47 the department of corrections and community supervision's division of 48 correctional industries for use in its manufacturing operations. 49 A violation of the provisions of this section shall constitute a 50 misdemeanor. 51 § 100. Paragraph (b) of subdivision 1 and paragraph (g) of subdivision 52 2 of section 399-ddd of the general business law, as added by chapter 53 371 of the laws of 2012, are amended to read as follows: 54 (b) For purposes of this section, the term ["inmate"] "incarcerated 55 individual" means a person confined in any local correctional facility 56 as defined in subdivision sixteen of section two of the correction lawA. 7866 49 1 or in any correctional facility as defined in paragraph (a) of subdivi- 2 sion four of section two of the correction law pursuant to such person's 3 conviction of a criminal offense. 4 (g) Knowingly use the labor or time of or employ any [inmate] incar- 5 cerated individual in this state, or in any other jurisdiction, in any 6 capacity that involves obtaining access to, collecting or processing 7 social security account numbers of other individuals. 8 § 101. Intentionally omitted. 9 § 102. Subdivision 7 of section 60.04 of the penal law, as amended by 10 section 120 of subpart B of part C of chapter 62 of the laws of 2011, is 11 amended to read as follows: 12 7. a. Shock incarceration participation. When the court imposes a 13 sentence of imprisonment which requires a commitment to the department 14 of corrections and community supervision upon a person who stands 15 convicted of a controlled substance or marihuana offense, upon motion of 16 the defendant, the court may issue an order directing that the depart- 17 ment of corrections and community supervision enroll the defendant in 18 the shock incarceration program as defined in article twenty-six-A of 19 the correction law, provided that the defendant is an eligible [inmate] 20 incarcerated individual, as described in subdivision one of section 21 eight hundred sixty-five of the correction law. Notwithstanding the 22 foregoing provisions of this subdivision, any defendant to be enrolled 23 in such program pursuant to this subdivision shall be governed by the 24 same rules and regulations promulgated by the department of corrections 25 and community supervision, including without limitation those rules and 26 regulations establishing requirements for completion and such rules and 27 regulations governing discipline and removal from the program. 28 b. (i) In the event that an [inmate] incarcerated individual desig- 29 nated by court order for enrollment in the shock incarceration program 30 requires a degree of medical care or mental health care that cannot be 31 provided at a shock incarceration facility, the department, in writing, 32 shall notify the [inmate] incarcerated individual, provide a proposal 33 describing a proposed alternative-to-shock-incarceration program, and 34 notify him or her that he or she may object in writing to placement in 35 such alternative-to-shock-incarceration program. If the [inmate] incar- 36 cerated individual objects in writing to placement in such alternative- 37 to-shock-incarceration program, the department of corrections and commu- 38 nity supervision shall notify the sentencing court, provide such 39 proposal to the court, and arrange for the [inmate's] incarcerated indi- 40 vidual's prompt appearance before the court. The court shall provide the 41 proposal and notice of a court appearance to the people, the [inmate] 42 incarcerated individual and the appropriate defense attorney. After 43 considering the proposal and any submissions by the parties, and after a 44 reasonable opportunity for the people, the [inmate] incarcerated indi- 45 vidual and counsel to be heard, the court may modify its sentencing 46 order accordingly, notwithstanding the provisions of section 430.10 of 47 the criminal procedure law. 48 (ii) An [inmate] incarcerated individual who successfully completes an 49 alternative-to-shock-incarceration program within the department of 50 corrections and community supervision shall be treated in the same 51 manner as a person who has successfully completed the shock incarcera- 52 tion program, as set forth in subdivision four of section eight hundred 53 sixty-seven of the correction law. 54 § 103. Paragraph (a) of subdivision 5 of section 60.35 of the penal 55 law, as amended by section 1 of part E of chapter 56 of the laws of 56 2004, is amended to read as follows:A. 7866 50 1 (a) When a person who is convicted of a crime or violation and 2 sentenced to a term of imprisonment has failed to pay the mandatory 3 surcharge, sex offender registration fee, DNA databank fee, crime victim 4 assistance fee or supplemental sex offender victim fee required by this 5 section, the clerk of the court that rendered the conviction shall noti- 6 fy the superintendent or the municipal official of the facility where 7 the person is confined. The superintendent or the municipal official 8 shall cause any amount owing to be collected from such person during his 9 or her term of imprisonment from moneys to the credit of an [inmates'] 10 incarcerated individuals' fund or such moneys as may be earned by a 11 person in a work release program pursuant to section eight hundred sixty 12 of the correction law. Such moneys attributable to the mandatory 13 surcharge or crime victim assistance fee shall be paid over to the state 14 comptroller to the credit of the criminal justice improvement account 15 established by section ninety-seven-bb of the state finance law and such 16 moneys attributable to the sex offender registration fee or DNA databank 17 fee shall be paid over to the state comptroller to the credit of the 18 general fund, except that any such moneys collected which are 19 surcharges, sex offender registration fees, DNA databank fees, crime 20 victim assistance fees or supplemental sex offender victim fees levied 21 in relation to convictions obtained in a town or village justice court 22 shall be paid within thirty days after the receipt thereof by the super- 23 intendent or municipal official of the facility to the justice of the 24 court in which the conviction was obtained. For the purposes of collect- 25 ing such mandatory surcharge, sex offender registration fee, DNA data- 26 bank fee, crime victim assistance fee, and supplemental sex offender 27 victim fee, the state shall be legally entitled to the money to the 28 credit of an [inmates'] incarcerated individuals' fund or money which is 29 earned by an [inmate] incarcerated individual in a work release 30 program. For purposes of this subdivision, the term "[inmates'] incar- 31 cerated individuals' fund" shall mean moneys in the possession of an 32 [inmate] incarcerated individual at the time of his or her admission 33 into such facility, funds earned by him or her as provided for in 34 section one hundred eighty-seven of the correction law and any other 35 funds received by him or her or on his or her behalf and deposited with 36 such superintendent or municipal official. 37 § 103-a. Subdivision 5 of section 60.35 of the penal law, as amended 38 by section 2 of part E of chapter 56 of the laws of 2004, is amended to 39 read as follows: 40 5. When a person who is convicted of a crime or violation and 41 sentenced to a term of imprisonment has failed to pay the mandatory 42 surcharge, sex offender registration fee, DNA databank fee, crime victim 43 assistance fee or supplemental sex offender victim fee required by this 44 section, the clerk of the court that rendered the conviction shall noti- 45 fy the superintendent or the municipal official of the facility where 46 the person is confined. The superintendent or the municipal official 47 shall cause any amount owing to be collected from such person during his 48 or her term of imprisonment from moneys to the credit of an [inmates'] 49 incarcerated individuals' fund or such moneys as may be earned by a 50 person in a work release program pursuant to section eight hundred sixty 51 of the correction law. Such moneys attributable to the mandatory 52 surcharge or crime victim assistance fee shall be paid over to the state 53 comptroller to the credit of the criminal justice improvement account 54 established by section ninety-seven-bb of the state finance law and such 55 moneys attributable to the sex offender registration fee or DNA databank 56 fee shall be paid over to the state comptroller to the credit of theA. 7866 51 1 general fund, except that any such moneys collected which are 2 surcharges, sex offender registration fees, DNA databank fees, crime 3 victim assistance fees or supplemental sex offender victim fees levied 4 in relation to convictions obtained in a town or village justice court 5 shall be paid within thirty days after the receipt thereof by the super- 6 intendent or municipal official of the facility to the justice of the 7 court in which the conviction was obtained. For the purposes of collect- 8 ing such mandatory surcharge, sex offender registration fee, DNA data- 9 bank fee, crime victim assistance fee and supplemental sex offender 10 victim fee, the state shall be legally entitled to the money to the 11 credit of an [inmates'] incarcerated individuals' fund or money which is 12 earned by an [inmate] incarcerated individual in a work release program. 13 For purposes of this subdivision, the term "[inmates'] incarcerated 14 individuals' fund" shall mean moneys in the possession of an [inmate] 15 incarcerated individual at the time of his or her admission into such 16 facility, funds earned by him or her as provided for in section one 17 hundred eighty-seven of the correction law and any other funds received 18 by him or her or on his or her behalf and deposited with such super- 19 intendent or municipal official. 20 § 104. Paragraph (d) of subdivision 1 of section 70.20 of the penal 21 law, as amended by section 124 of subpart B of part C of chapter 62 of 22 the laws of 2011, is amended to read as follows: 23 (d) Nothing in this subdivision shall preclude a parent or legal guar- 24 dian of an [inmate] incarcerated individual who is not yet eighteen 25 years of age from making a motion on notice to the department of 26 corrections and community supervision pursuant to article twenty-two of 27 the civil practice law and rules and section one hundred forty of the 28 correction law, objecting to routine medical, dental or mental health 29 services and treatment being provided to such [inmate] incarcerated 30 individual under the provisions of paragraph (b) of this subdivision. 31 § 104-a. Paragraph (d) of subdivision 1 of section 70.20 of the penal 32 law, as amended by section 125 of subpart B of part C of chapter 62 of 33 the laws of 2011, is amended to read as follows: 34 (d) Nothing in this subdivision shall preclude a parent or legal guar- 35 dian of an [inmate] incarcerated individual who is not yet eighteen 36 years of age from making a motion on notice to the department of 37 corrections and community supervision pursuant to article twenty-two of 38 the civil practice law and rules and section one hundred forty of the 39 correction law, objecting to routine medical, dental or mental health 40 services and treatment being provided to such [inmate] incarcerated 41 individual under the provisions of paragraph (b) of this subdivision. 42 § 105. Paragraphs (e) and (f) of subdivision 3 of section 130.05 of 43 the penal law, paragraph (e) as amended by chapter 205 of the laws of 44 2011 and paragraph (f) as amended by section 127-q of subpart B of part 45 C of chapter 62 of the laws of 2011, are amended to read as follows: 46 (e) committed to the care and custody or supervision of the state 47 department of corrections and community supervision or a hospital, as 48 such term is defined in subdivision two of section four hundred of the 49 correction law, and the actor is an employee who knows or reasonably 50 should know that such person is committed to the care and custody or 51 supervision of such department or hospital. For purposes of this para- 52 graph, "employee" means (i) an employee of the state department of 53 corrections and community supervision who, as part of his or her employ- 54 ment, performs duties: (A) in a state correctional facility in which the 55 victim is confined at the time of the offense consisting of providing 56 custody, medical or mental health services, counseling services, educa-A. 7866 52 1 tional programs, vocational training, institutional parole services or 2 direct supervision to [inmates] incarcerated individuals; or 3 (B) of supervising persons released on community supervision and 4 supervises the victim at the time of the offense or has supervised the 5 victim and the victim is still under community supervision at the time 6 of the offense; or 7 (ii) an employee of the office of mental health who, as part of his or 8 her employment, performs duties in a state correctional facility or 9 hospital, as such term is defined in subdivision two of section four 10 hundred of the correction law in which the [inmate] incarcerated indi- 11 vidual is confined at the time of the offense, consisting of providing 12 custody, medical or mental health services, or direct supervision to 13 such [inmates] incarcerated individuals; or 14 (iii) a person, including a volunteer, providing direct services to 15 [inmates] incarcerated individuals in a state correctional facility in 16 which the victim is confined at the time of the offense pursuant to a 17 contractual arrangement with the state department of corrections and 18 community supervision or, in the case of a volunteer, a written agree- 19 ment with such department, provided that the person received written 20 notice concerning the provisions of this paragraph; or 21 (f) committed to the care and custody of a local correctional facili- 22 ty, as such term is defined in subdivision two of section forty of the 23 correction law, and the actor is an employee, not married to such 24 person, who knows or reasonably should know that such person is commit- 25 ted to the care and custody of such facility. For purposes of this para- 26 graph, "employee" means an employee of the local correctional facility 27 where the person is committed who performs professional duties consist- 28 ing of providing custody, medical or mental health services, counseling 29 services, educational services, or vocational training for [inmates] 30 incarcerated individuals. For purposes of this paragraph, "employee" 31 shall also mean a person, including a volunteer or a government employee 32 of the state department of corrections and community supervision or a 33 local health, education or probation agency, providing direct services 34 to [inmates] incarcerated individuals in the local correctional facility 35 in which the victim is confined at the time of the offense pursuant to a 36 contractual arrangement with the local correctional department or, in 37 the case of such a volunteer or government employee, a written agreement 38 with such department, provided that such person received written notice 39 concerning the provisions of this paragraph; or 40 § 106. Section 240.32 of the penal law, as amended by section 127-p of 41 the subpart B of part C of chapter 62 of the laws of 2011, the opening 42 paragraph as amended by chapter 180 of the laws of 2013, is amended to 43 read as follows: 44 § 240.32 Aggravated harassment of an employee by an [inmate] incarcerat- 45 ed individual. 46 An [inmate] incarcerated individual or respondent is guilty of aggra- 47 vated harassment of an employee by an [inmate] incarcerated individual 48 when, with intent to harass, annoy, threaten or alarm a person in a 49 facility whom he or she knows or reasonably should know to be an employ- 50 ee of such facility or the board of parole or the office of mental 51 health, or a probation department, bureau or unit or a police officer, 52 he or she causes or attempts to cause such employee to come into contact 53 with blood, seminal fluid, urine, feces, or the contents of a toilet 54 bowl, by throwing, tossing or expelling such fluid or material. 55 For purposes of this section, ["inmate"] "incarcerated individual" 56 means an [inmate] incarcerated individual or detainee in a correctionalA. 7866 53 1 facility, local correctional facility or a hospital, as such term is 2 defined in subdivision two of section four hundred of the correction 3 law. For purposes of this section, "respondent" means a juvenile in a 4 secure facility operated and maintained by the office of children and 5 family services who is placed with or committed to the office of chil- 6 dren and family services. For purposes of this section, "facility" means 7 a correctional facility or local correctional facility, hospital, as 8 such term is defined in subdivision two of section four hundred of the 9 correction law, or a secure facility operated and maintained by the 10 office of children and family services. 11 Aggravated harassment of an employee by an [inmate] incarcerated indi- 12 vidual is a class E felony. 13 § 107. Subdivisions 8, 17, 18, 19, 21, 23, 24, 26, 27, 28, 29 and 30 14 of section 2 of the correction law, subdivision 8 as amended by chapter 15 567 of the laws of 1972, subdivision 17 as added by chapter 338 of the 16 laws of 1989, subdivision 18 as amended by section 1-a of subpart A of 17 part C of chapter 62 of the laws of 2011, subdivision 19 as amended by 18 chapter 63 of the laws of 1994, subdivisions 21, 23, 24, 26, 27, 28, 29 19 and 30 as added by chapter 1 of the laws of 2008, are amended to read as 20 follows: 21 8. "Correctional Camp". A correctional facility consisting of a camp 22 maintained for the purpose of including conservation work in the program 23 of [inmates] incarcerated individuals. 24 17. "Alcohol and substance abuse treatment facility." A correctional 25 facility designed to house medium security [inmates] incarcerated indi- 26 viduals as defined by department rules and regulations and operated for 27 the purpose of providing intensive alcohol and substance abuse treatment 28 services. Such services shall ensure comprehensive treatment for alco- 29 holism and substance abuse to [inmates] incarcerated individuals who 30 have been identified by the commissioner or his or her designee as 31 having had or presently having a history of alcoholism or substance 32 abuse. Such services shall be provided in the facility in accordance 33 with minimum standards promulgated by the department after consultation 34 with the [division] office of alcoholism and [alcohol abuse and the35division of] substance abuse services. 36 18. "Alcohol and substance abuse treatment correctional annex." A 37 medium security correctional facility consisting of one or more residen- 38 tial dormitories, which provide intensive alcohol and substance abuse 39 treatment services to [inmates] incarcerated individuals who: (i) are 40 otherwise eligible for temporary release, or (ii) stand convicted of a 41 felony defined in article two hundred twenty or two hundred twenty-one 42 of the penal law, and are within six months of being an eligible 43 [inmate] incarcerated individual as that term is defined in subdivision 44 two of section eight hundred fifty-one of this chapter including such 45 [inmates] incarcerated individuals who are participating in such program 46 pursuant to subdivision six of section 60.04 of the penal law. Notwith- 47 standing the foregoing provisions of this subdivision, any [inmate] 48 incarcerated individual to be enrolled in this program pursuant to 49 subdivision six of section 60.04 of the penal law shall be governed by 50 the same rules and regulations promulgated by the department, including 51 without limitation those rules and regulations establishing requirements 52 for completion and those rules and regulations governing discipline and 53 removal from the program. No such period of court ordered corrections 54 based drug abuse treatment pursuant to this subdivision shall be 55 required to extend beyond the defendant's conditional release date. Such 56 treatment services may be provided by one or more outside serviceA. 7866 54 1 providers pursuant to contractual agreements with the department, 2 provided, however, that any such provider shall be required to continue 3 to provide, either directly or through formal or informal agreement with 4 other providers, alcohol and substance abuse treatment services to 5 [inmates] incarcerated individuals who have successfully participated in 6 such provider's incarcerative treatment services and who have been 7 presumptively released, paroled, conditionally released or released to 8 post release supervision under the supervision of the department and who 9 are, as a condition of such release, required to participate in alcohol 10 or substance abuse treatment. Such incarcerative services shall be 11 provided in the facility in accordance with minimum standards promulgat- 12 ed by the department after consultation with the office of alcoholism 13 and substance abuse services. Such services to parolees shall be 14 provided in accordance with standards promulgated by the department 15 after consultation with the office of alcoholism and substance abuse 16 services. Notwithstanding any other provision of law, any person who has 17 successfully completed no less than six months of intensive alcohol and 18 substance abuse treatment services in one of the department's eight 19 designated alcohol and substance abuse treatment correctional annexes 20 having a combined total capacity of two thousand five hundred fifty beds 21 may be transferred to a program operated by or at a residential treat- 22 ment facility, provided however, that a person under a determinate 23 sentence as a second felony drug offender for a class B felony offense 24 defined in article two hundred twenty of the penal law, who was 25 sentenced pursuant to section 70.70 of such law, shall not be eligible 26 to be transferred to a program operated at a residential treatment 27 facility until the time served under imprisonment for his or her deter- 28 minate sentence, including any jail time credited pursuant to subdivi- 29 sion three of section 70.30 of the penal law, shall be at least nine 30 months. The commissioner shall report annually to the temporary presi- 31 dent of the senate and the speaker of the assembly commencing January 32 first, two thousand twelve the number of [inmates] incarcerated individ- 33 uals received by the department during the reporting period who are 34 subject to a sentence which includes enrollment in substance abuse 35 treatment in accordance with subdivision six of section 60.04 of the 36 penal law, the number of such [inmates] incarcerated individuals who are 37 not placed in such treatment program and the reasons for such occur- 38 rences. 39 19. "Vocational and skills training facility" means a correctional 40 facility designated by the commissioner to provide a vocational and 41 skills training program ("VAST") to [inmates] incarcerated individuals 42 who need such service before they participate in a work release program. 43 The VAST facility shall provide intensive assessment, counseling, job 44 search assistance and where appropriate academic and vocational instruc- 45 tion to program participants. Such assistance may include an assessment 46 of any [inmate's] incarcerated individual's education attainment level 47 and skills aptitudes; career counseling and exploration; the development 48 of a comprehensive instructional plan including identification of educa- 49 tional and training needs that may extend beyond the date of entry into 50 work release; instructional programs including GED preparation or post- 51 secondary instruction as appropriate; occupational skills training; life 52 skills training; employment readiness including workplace behavior; and 53 job search assistance. The department and the department of labor shall 54 jointly develop activities providing career counseling, job search 55 assistance, and job placement services for participants. Nothing 56 contained in this section shall be deemed to modify the eligibilityA. 7866 55 1 requirements provided by law applicable to [inmates] incarcerated indi- 2 viduals participating in a work release program. 3 21. "Residential mental health treatment unit" means housing for 4 [inmates] incarcerated individuals with serious mental illness that is 5 operated jointly by the department and the office of mental health and 6 is therapeutic in nature. Such units shall not be operated as discipli- 7 nary housing units, and decisions about treatment and conditions of 8 confinement shall be made based upon a clinical assessment of the thera- 9 peutic needs of the [inmate] incarcerated individual and maintenance of 10 adequate safety and security on the unit. Such units shall include, but 11 not be limited to, the residential mental health unit model, the behav- 12 ioral health unit model, the intermediate care program and the intensive 13 intermediate care program. The models shall be defined in regulations 14 promulgated by the department in consultation with the commissioner of 15 mental health consistent with this subdivision and section four hundred 16 one of this chapter. [Inmates] Incarcerated individuals placed in a 17 residential mental health treatment unit shall be offered at least four 18 hours a day of structured out-of-cell therapeutic programming and/or 19 mental health treatment, except on weekends or holidays, in addition to 20 exercise, and may be provided with additional out-of-cell activities as 21 are consistent with their mental health needs; provided, however, that 22 the department may maintain no more than thirty-eight behavioral health 23 unit beds in which the number of hours of out-of-cell structured thera- 24 peutic programming and/or mental health treatment offered to [inmates] 25 incarcerated individuals on a daily basis, except on weekends or holi- 26 days, may be limited to only two hours. Out-of-cell therapeutic program- 27 ming and/or mental health treatment need not be provided to an [inmate] 28 incarcerated individual for a brief orientation period following his or 29 her arrival at a residential mental health treatment unit. The length of 30 such orientation period shall be determined by a mental health clinician 31 but in no event shall be longer than five business days. 32 23. "Segregated confinement" means the disciplinary confinement of an 33 [inmate] incarcerated individual in a special housing unit or in a sepa- 34 rate keeplock housing unit. Special housing units and separate keeplock 35 units are housing units that consist of cells grouped so as to provide 36 separation from the general population, and may be used to house 37 [inmates] incarcerated individuals confined pursuant to the disciplinary 38 procedures described in regulations. 39 24. "Joint case management committee" means a committee composed of 40 staff from the department and the office of mental health. Such a 41 committee shall be established at each level one and level two facility. 42 Each committee shall consist of at least two clinical staff of the 43 office of mental health and two officials of the department. The purpose 44 of such committee shall be to review, monitor and coordinate the behav- 45 ior and treatment plan of any [inmate] incarcerated individual who is 46 placed in segregated confinement or a residential mental health treat- 47 ment unit and who is receiving services from the office of mental 48 health. 49 26. "Treatment team" means a team consisting of an equal number of 50 individuals from the department and the office of mental health who are 51 assigned to a residential mental health treatment unit and who will 52 review and determine each [inmate's] incarcerated individual's appropri- 53 ateness for movement through the various program phases, when applica- 54 ble. The treatment team shall also review, monitor and coordinate the 55 treatment plans for all [inmate] incarcerated individual participants.A. 7866 56 1 27. "Level one facility" means a correctional facility at which staff 2 from the office of mental health are assigned on a full-time basis and 3 able to provide treatment to [inmates] incarcerated individuals with a 4 major mental disorder. The array of available specialized services 5 include: residential crisis treatment, residential day treatment, medi- 6 cation monitoring by psychiatric nursing staff, and potential commitment 7 to the central New York Psychiatric Center. 8 28. "Level two facility" means a correctional facility at which staff 9 from the office of mental health are assigned on a full-time basis and 10 able to provide treatment to [inmates] incarcerated individuals with a 11 major mental disorder, but such disorder is not as acute as that of 12 [inmates] incarcerated individuals who require placement at a level one 13 facility. 14 29. "Level three facility" means a correctional facility at which 15 staff from the office of mental health are assigned on a part-time basis 16 and able to provide treatment and medication to [inmates] incarcerated 17 individuals who either have a moderate mental disorder, or who are in 18 remission from a disorder, and who are determined by staff of the office 19 of mental health to be able to function adequately in the facility with 20 such level of staffing. 21 30. "Level four facility" means a correctional facility at which staff 22 from the office of mental health are assigned on a part-time basis and 23 able to provide treatment to [inmates] incarcerated individuals who may 24 require limited intervention, excluding psychiatric medications. 25 § 107-a. Subdivision 18 of section 2 of the correction law, as amended 26 by section 2 of subpart A of part C of chapter 62 of the laws of 2011, 27 is amended to read as follows: 28 18. "Alcohol and substance abuse treatment correctional annex." A 29 medium security correctional facility consisting of one or more residen- 30 tial dormitories which provide intensive alcohol and substance abuse 31 treatment services to [inmates] incarcerated individuals who: (i) are 32 otherwise eligible for temporary release, or (ii) stand convicted of a 33 felony defined in article two hundred twenty or two hundred twenty-one 34 of the penal law, and are within six months of being an eligible 35 [inmate] incarcerated individual as that term is defined in subdivision 36 two of section eight hundred fifty-one of this chapter including such 37 [inmates] incarcerated individuals who are participating in such program 38 pursuant to subdivision six of section 60.04 of the penal law. Notwith- 39 standing the foregoing provisions of this subdivision, any [inmate] 40 incarcerated individual to be enrolled in this program pursuant to 41 subdivision six of section 60.04 of the penal law shall be governed by 42 the same rules and regulations promulgated by the department, including 43 without limitation those rules and regulations establishing requirements 44 for completion and those rules and regulations governing discipline and 45 removal from the program. No such period of court ordered corrections 46 based drug abuse treatment pursuant to this subdivision shall be 47 required to extend beyond the defendant's conditional release date. Such 48 treatment services may be provided by one or more outside service 49 providers pursuant to contractual agreements with the department, 50 provided, however, that any such provider shall be required to continue 51 to provide, either directly or through formal or informal agreement with 52 other providers, alcohol and substance abuse treatment services to 53 [inmates] incarcerated individuals who have successfully participated in 54 such provider's incarcerative treatment services and who have been 55 presumptively released, paroled, conditionally released or released to 56 post release supervision under the supervision of the department and whoA. 7866 57 1 are, as a condition of such release, required to participate in alcohol 2 or substance abuse treatment. Such incarcerative services shall be 3 provided in the facility in accordance with minimum standards promulgat- 4 ed by the department after consultation with the office of alcoholism 5 and substance abuse services. Such services to parolees shall be 6 provided in accordance with standards promulgated by the department 7 after consultation with the office of alcoholism and substance abuse 8 services. The commissioner shall report annually to the majority leader 9 of the senate and the speaker of the assembly commencing January first, 10 two thousand twelve the number of [inmates] incarcerated individuals 11 received by the department during the reporting period who are subject 12 to a sentence which includes enrollment in substance abuse treatment in 13 accordance with subdivision six of section 60.04 of the penal law, the 14 number of such [inmates] incarcerated individuals who are not placed in 15 such treatment program and the reasons for such occurrences. 16 § 108. The section heading of section 9 of the correction law, as 17 added by section 2 of part OO of chapter 56 of the laws of 2010, is 18 amended to read as follows: 19 Access to [inmate] information of incarcerated individuals via the 20 internet. 21 § 109. Subdivision 1 of section 10 of the correction law, as added by 22 section 8 of subpart A of part C of chapter 62 of the laws of 2011, is 23 amended to read as follows: 24 1. Employees in the department who perform the duties of supervising 25 [inmates] incarcerated individuals released on community supervision 26 shall be parole officers. 27 § 110. Section 15-c of the correction law, as added by chapter 647 of 28 the laws of 1966, is amended to read as follows: 29 § 15-c. Acceptance of grants or gifts. The commissioner, with the 30 approval of the governor, may accept as agent of the state any grant, 31 including federal grants, or any gift for any of the purposes of this 32 article. Any moneys so received may be expended by the department to 33 develop and promote programs for the study and treatment of crime and 34 delinquency, education and training of [inmates] incarcerated individ- 35 uals, staff improvement, research and evaluation, improvement of facili- 36 ties, or any other lawful purpose, subject to the same limitations as to 37 approval of expenditures and audit as are prescribed for state moneys 38 appropriated for the purpose of this article. 39 § 111. Section 16 of the correction law, as amended by chapter 447 of 40 the laws of 2016, is amended to read as follows: 41 § 16. Expense of autopsy; state charge. 1. The reasonable expense of 42 any inquiry, autopsy, examination or report prepared thereon conducted 43 by a coroner, coroner's physician or medical examiner as required by law 44 with respect to any death occurring to an [inmate] incarcerated individ- 45 ual of an institution operated by the department shall, to the extent 46 not otherwise reimbursed by the state, be a state charge. Reimbursement 47 of such expense shall be made on vouchers submitted annually and certi- 48 fied by the chief fiscal officer of the county or city as the case may 49 be on the audit and warrant of the comptroller. 50 2. The department shall acquire a preliminary or final death certif- 51 icate for such [inmate] incarcerated individual from a coroner, 52 coroner's physician or medical examiner and forward such original death 53 certificate to the next of kin. 54 § 112. Subdivision 1 of section 18 of the correction law, as amended 55 by section 10 of subpart A of part C of chapter 62 of the laws of 2011, 56 is amended to read as follows:A. 7866 58 1 1. Each correctional facility shall have a superintendent who shall be 2 appointed by the commissioner. Each such superintendent shall be in the 3 non-competitive-confidential class but shall be appointed from employees 4 of the department who have at least three years of experience in correc- 5 tional work in the department and (i) who have a permanent civil service 6 appointment of salary grade twenty-seven or higher or who have a salary 7 equivalent to a salary grade of twenty-seven or higher for correctional 8 facilities with an [inmate] incarcerated individual population capacity 9 of four hundred or more [inmates] incarcerated individuals, or (ii) who 10 have a permanent civil service appointment of salary grade twenty-three 11 or higher or who have a salary equivalent to a salary grade of twenty- 12 three or higher for correctional facilities with an [inmate] incarcerat- 13 ed individual population capacity of fewer than four hundred [inmates] 14 incarcerated individuals; provided that for correctional facilities of 15 either capacity, the employee shall be appointed superintendent at the 16 hiring rate set forth in section nineteen of this article or such other 17 rate as may be appropriate, subject to the approval of the director of 18 the budget; provided that in no event shall the salary upon appointment 19 exceed the job rate. Such superintendents shall serve at the pleasure of 20 the commissioner and shall have such other qualifications as may be 21 prescribed by the commissioner, based on differences in duties, levels 22 of responsibility, size and character of the correctional facility, 23 knowledge, skills and abilities required, and other factors affecting 24 the position. 25 § 113. Paragraphs a and b of subdivision 1 of section 19 of the 26 correction law, as amended by section 2 of part D of chapter 24 of the 27 laws of 2019, are amended to read as follows: 28 a. The salary schedule for superintendents of a correctional facility 29 with an [inmate] incarcerated individual population capacity of four 30 hundred or more [inmates] incarcerated individuals shall be as follows: 31 Effective April first, two thousand sixteen: 32 Hiring Rate Job Rate 33 $116,937 $159,580 34 Effective April first, two thousand seventeen: 35 Hiring Rate Job Rate 36 $121,661 $166,027 37 Effective April first, two thousand eighteen: 38 Hiring Rate Job Rate 39 $125,335 $171,041 40 Effective April first, two thousand nineteen: 41 Hiring Rate Job Rate 42 $127,842 $174,462 43 Effective April first, two thousand twenty: 44 Hiring Rate Job Rate 45 $130,399 $177,951 46 b. The salary schedule for superintendents of correctional facilities 47 with an [inmate] incarcerated individual population capacity of fewer 48 than four hundred [inmates] incarcerated individuals shall be as 49 follows: 50 Effective April first, two thousand sixteen: 51 Hiring Rate Job Rate 52 $90,935 $114,914 53 Effective April first, two thousand seventeen: 54 Hiring Rate Job Rate 55 $94,609 $119,557 56 Effective April first, two thousand eighteen:A. 7866 59 1 Hiring Rate Job Rate 2 $97,466 $123,168 3 Effective April first, two thousand nineteen: 4 Hiring Rate Job Rate 5 $99,415 $125,631 6 Effective April first, two thousand twenty: 7 Hiring Rate Job Rate 8 $101,403 $128,144 9 § 114. Subdivision 2 of section 22 of the correction law, as amended 10 by chapter 829 of the laws of 1975, is amended to read as follows: 11 2. Accepts a present from a contractor or contractor's agent, directly 12 or indirectly, or employs the labor of an [inmate] incarcerated individ- 13 ual or another person employed in such institution on any work for the 14 private benefit of such commissioner, superintendent, officer or employ- 15 ee, is guilty of a misdemeanor. 16 § 115. Section 23 of the correction law, as amended by section 5 of 17 subpart B of part C of chapter 62 of the laws of 2011, subdivision 1 as 18 amended by chapter 254 of the laws of 2017, is amended to read as 19 follows: 20 § 23. Transfer of [inmates] incarcerated individuals from one correc- 21 tional facility to another; treatment in outside hospitals. 1. The 22 commissioner shall have the power to transfer [inmates] incarcerated 23 individuals from one correctional facility to another. Whenever the 24 transfer of [inmates] incarcerated individuals from one correctional 25 facility to another shall be ordered by the commissioner, the super- 26 intendent of the facility from which the [inmates] incarcerated individ- 27 uals are transferred shall take immediate steps to make the transfer. 28 The transfer shall be in accordance with rules and regulations promul- 29 gated by the department for the safe delivery of such [inmates] incar- 30 cerated individuals to the designated facility. Within twenty-four hours 31 of arriving at the facility to which an [inmate] incarcerated individual 32 is transferred, he or she shall be allowed to make at least one personal 33 phone call, except when to do so would create an unacceptable risk to 34 the safety and security of [inmates] incarcerated individuals or staff. 35 If security precautions prevent the [inmate] incarcerated individual 36 from making such call, a staff member designated by the superintendent 37 of the facility shall make a call to a person of the [inmate's] incar- 38 cerated individual's choice unless the [inmate] incarcerated individual 39 declines to have such a call made. 40 2. The commissioner, in his or her discretion, may by written order 41 permit [inmates] incarcerated individuals to receive medical diagnosis 42 and treatment in outside hospitals, upon the recommendation of the 43 superintendent or director that such outside treatment or diagnosis is 44 necessary by reason of inadequate facilities within the institution. 45 Such [inmates] incarcerated individuals shall remain under the jurisdic- 46 tion and in the custody of the department while in said outside hospital 47 and said superintendent or director shall enforce proper measures in 48 each case to safely maintain such jurisdiction and custody. 49 3. The cost of transporting [inmates] incarcerated individuals between 50 facilities and to outside hospitals shall be paid from funds appropri- 51 ated to the department for such purpose. 52 § 116. Section 24-a of the correction law, as amended by chapter 481 53 of the laws of 1992, is amended to read as follows: 54 § 24-a. Actions against persons rendering health care services at the 55 request of the department; defense and indemnification. The provisions 56 of section seventeen of the public officers law shall apply to anyA. 7866 60 1 person holding a license to practice a profession pursuant to article 2 one hundred thirty-one, one hundred thirty-one-B, one hundred thirty- 3 two, one hundred thirty-three, one hundred thirty-six, one hundred thir- 4 ty-seven, one hundred thirty-nine, one hundred forty-one, one hundred 5 forty-three, one hundred fifty-six or one hundred fifty-nine of the 6 education law, who is rendering or has rendered professional services 7 authorized under such license while acting at the request of the depart- 8 ment or a facility of the department in providing health care and treat- 9 ment or professional consultation to [inmates] incarcerated individuals 10 of state correctional facilities, or to the infant children of [inmates] 11 incarcerated individuals while such infants are cared for in facility 12 nurseries pursuant to section six hundred eleven of this chapter, with- 13 out regard to whether such health care and treatment or professional 14 consultation is provided within or without a correctional facility. 15 § 117. Section 25 of the correction law, as amended by chapter 476 of 16 the laws of 2018, is amended to read as follows: 17 § 25. Mutual assistance by institutional and local fire fighting 18 facilities. In cooperation with the development and operation of plans 19 for mutual aid in cases of fire and other public emergencies, the warden 20 or superintendent of any state institution in the department, with the 21 approval of the commissioner, may authorize the fire department of the 22 institution to furnish aid to such territory surrounding the institution 23 as may be practical in cases of fire and such emergencies, having due 24 regard to the safety of the [inmates] incarcerated individuals and prop- 25 erty of the institution and to engage in practice and training programs 26 in connection with the development and operation of such mutual aid 27 plans. Any lawfully organized fire-fighting forces or firefighters from 28 such surrounding territory may enter upon the grounds of the institution 29 to furnish aid in cases of fire and such emergencies. 30 § 118. Section 26 of the correction law, as amended by chapter 487 of 31 the laws of 1994, is amended to read as follows: 32 § 26. Establishment of commissaries or canteens in correctional insti- 33 tutions. The commissioner may authorize the head of any institution in 34 the department to establish a commissary or a canteen in such institu- 35 tion for the use and benefit of [inmates] incarcerated individuals. The 36 moneys received by the head of the institution as profits from the sales 37 of the commissary or canteen shall be deposited in a special fund to be 38 known as the commissary or canteen fund and such funds shall be used for 39 the general purposes of the institution subject to the provisions of 40 section fifty-three of the state finance law. 41 § 119. Subdivisions 1 and 4 of section 29 of the correction law, 42 subdivision 1 as amended by section 12 of subpart A of part C of chapter 43 62 of the laws of 2011 and subdivision 4 as amended by section 1 of part 44 U of chapter 55 of the laws of 2012, are amended to read as follows: 45 1. The department shall continue to collect, maintain, and analyze 46 statistical and other information and data with respect to persons 47 subject to the jurisdiction of the department, including but not limited 48 to: (a) the number of such persons: placed in the custody of the depart- 49 ment, assigned to a specific department program, accorded community 50 supervision and declared delinquent, recommitted to a state correctional 51 institution upon revocation of community supervision, or discharged upon 52 maximum expiration of sentence; (b) the criminal history of such 53 persons; (c) the social, educational, and vocational circumstances of 54 any such persons; and, (d) the institutional and community supervision 55 programs and the behavior of such persons. Provided, however, in the 56 event any statistical information on the ethnic background of theA. 7866 61 1 [inmate] incarcerated individual population of a correctional facility 2 or facilities is collected by the department, such statistical informa- 3 tion shall contain, but not be limited to, the following ethnic catego- 4 ries: (i) Caucasian; (ii) Asian; (iii) American Indian; (iv) 5 Afro-American/Black; and (v) Spanish speaking/Hispanic which category 6 shall include, but not be limited to, the following subcategories 7 consisting of: (1) Puerto Ricans; (2) Cubans; (3) Dominicans; and (4) 8 other Hispanic nationalities. 9 4. (a) The commissioner shall provide an annual report to the legisla- 10 ture on the staffing of correction officers and correction sergeants in 11 state correctional facilities. Such report shall include, but not be 12 limited to the following factors: the number of security posts on the 13 current plot plan for each facility that have been closed on a daily 14 basis, by correctional facility security classification (minimum, medium 15 and maximum); the number of security positions eliminated by correction- 16 al facility since two thousand compared to the number of [inmates] 17 incarcerated individuals incarcerated in each such facility; a breakdown 18 by correctional facility security classification (minimum, medium, and 19 maximum) of the staff hours of overtime worked, by year since two thou- 20 sand and the annual aggregate costs related to this overtime. In addi- 21 tion, such report shall be delineated by correctional facility security 22 classification, the annual number of security positions eliminated, the 23 number of closed posts and amount of staff hours of overtime accrued as 24 well as the overall overtime expenditures that resulted. Such report 25 shall be provided to the chairs of the senate finance, assembly ways and 26 means, senate crime and corrections and assembly correction committees, 27 and posted on the department's website, annually by February first. 28 (b) Such report shall also include but not be limited to: the total 29 number of correctional facilities in operation which are maintained by 30 the department, the security level of each facility, the number of beds 31 at each facility as of December thirty-first of the prior year, as clas- 32 sified by the department, and the number of empty beds, if any, by such 33 classification as of such date. 34 § 120. Paragraph 1 of subdivision (a) of section 42 of the correction 35 law, as amended by chapter 139 of the laws of 2014, is amended to read 36 as follows: 37 1. There shall be within the commission a citizen's policy and 38 complaint review council. It shall consist of nine persons to be 39 appointed by the governor, by and with the advice and consent of the 40 senate. One person so appointed shall have served in the armed forces of 41 the United States in any foreign war, conflict or military occupation, 42 who was discharged therefrom under other than dishonorable conditions, 43 or shall be a duly licensed mental health professional who has profes- 44 sional experience or training with regard to post-traumatic stress 45 syndrome. One person so appointed shall be an attorney admitted to prac- 46 tice in this state. One person so appointed shall be a former [inmate] 47 incarcerated individual of a correctional facility. One person so 48 appointed shall be a former correction officer. One person so appointed 49 shall be a former resident of a division for youth secure center or a 50 health care professional duly licensed to practice in this state. One 51 person so appointed shall be a former employee of the office of children 52 and family services who has directly supervised youth in a secure resi- 53 dential center operated by such office. In addition, the governor shall 54 designate one of the full-time members other than the chairman of the 55 commission as chairman of the council to serve as such at the pleasure 56 of the governor.A. 7866 62 1 § 121. Subdivisions 3, 4, 5, 7, 10 and 17 of section 45 of the 2 correction law, subdivision 3 as amended by section 1 of part Q of chap- 3 ter 56 of the laws of 2009, subdivision 4 as amended by section 15 of 4 subpart A of part C of chapter 62 of the laws of 2011, subdivisions 5 5 and 7 as added by chapter 865 of the laws of 1975, subdivision 10 as 6 amended by section 7 of part Q of chapter 56 of the laws of 2009 and 7 subdivision 17 as added by chapter 573 of the laws of 2011, are amended 8 to read as follows: 9 3. Except in circumstances involving health, safety or alleged 10 violations of established standards of the commission, visit, and 11 inspect correctional facilities consistent with a schedule determined by 12 the chairman of the commission, taking into consideration available 13 resources, workload and staffing, and appraise the management of such 14 correctional facilities with specific attention to matters such as safe- 15 ty, security, health of [inmates] incarcerated individuals, sanitary 16 conditions, rehabilitative programs, disturbance and fire prevention and 17 control preparedness, and adherence to laws and regulations governing 18 the rights of [inmates] incarcerated individuals. 19 4. Establish procedures to assure effective investigation of griev- 20 ances of, and conditions affecting, [inmates] incarcerated individuals 21 of local correctional facilities. Such procedures shall include but not 22 be limited to receipt of written complaints, interviews of persons, and 23 on-site monitoring of conditions. In addition, the commission shall 24 establish procedures for the speedy and impartial review of grievances 25 referred to it by the commissioner of the department of corrections and 26 community supervision. 27 5. Ascertain and recommend such system of employing [inmates] incar- 28 cerated individuals of correctional facilities as may, in the opinion of 29 said commission, be for the best interest of the public and of said 30 [inmates] incarcerated individuals and not in conflict with the 31 provisions of the constitution or laws of the state relating to the 32 employment of [inmates] incarcerated individuals. 33 7. Place such members of its staff as it deems appropriate as monitors 34 in any local correctional facility which, in the judgment of the commis- 35 sion, presents an imminent danger to the health, safety or security of 36 the [inmates] incarcerated individuals or employees of such correctional 37 facility or of the public. 38 10. Approve or reject plans and specifications for the construction or 39 improvement of correctional facilities that directly affect the health 40 of [inmates] incarcerated individuals and staff, safety, or security. 41 17. Make an annual report to the governor, the chairman of the assem- 42 bly committee on correction and the chairman of the senate committee on 43 crime victims, crime and correction concerning [inmates] incarcerated 44 individuals confined in local correctional facilities pursuant to an 45 agreement authorized by section five hundred-o of this chapter. Such 46 report shall include but not be limited to the number of counties main- 47 taining such agreements and the number of [inmates] incarcerated indi- 48 viduals confined pursuant to such agreements. 49 § 122. Subdivisions 1, 2 and 4 of section 46 of the correction law, 50 subdivisions 1 and 2 as amended by chapter 232 of the laws of 2012 and 51 subdivision 4 as added by chapter 865 of the laws of 1975, are amended 52 to read as follows: 53 1. The commission, any member or any employee designated by the 54 commission must be granted access at any and all times to any correc- 55 tional facility or part thereof and to all books, records, [inmate] 56 medical records of incarcerated individuals and data pertaining to anyA. 7866 63 1 correctional facility deemed necessary for carrying out the commission's 2 functions, powers and duties. The commission, any member or any employee 3 designated by the chairman may require from the officers or employees of 4 a correctional facility any information deemed necessary for the purpose 5 of carrying out the commission's functions, powers and duties. 6 2. In the exercise of its functions, powers and duties, the commis- 7 sion, any member, and any attorney employed by the commission is author- 8 ized to issue and enforce a subpoena and a subpoena duces tecum, admin- 9 ister oaths and examine persons under oath, in accordance with and 10 pursuant to civil practice law and rules. A person examined under oath 11 pursuant to this subdivision shall have the right to be accompanied by 12 counsel who shall advise the person of their rights subject to reason- 13 able limitations to prevent obstruction of, or interference with, the 14 orderly conduct of the examination. Notwithstanding any other provision 15 of law, a subpoena may be issued and enforced pursuant to this subdivi- 16 sion for the medical records of an [inmate] incarcerated individual of a 17 correctional facility, regardless of whether such medical records were 18 made during the course of the [inmate's] incarcerated individual's 19 incarceration. 20 4. In any case where any rule or regulation promulgated by the commis- 21 sion pursuant to subdivision six of section forty-five of this article 22 or the laws relating to the construction, management and affairs of any 23 correctional facility or the care, treatment and discipline of its 24 [inmates] incarcerated individuals, are being or are about to be 25 violated, the commission shall notify the person in charge or control of 26 the facility of such violation, recommend remedial action, and direct 27 such person to comply with the rule, regulation or law, as the case may 28 be. Upon the failure of such person to comply with the rule, regulation 29 or law the commission may apply to the supreme court for an order 30 directed to such person requiring compliance with such rule, regulation 31 or law. Upon such application the court may issue such order as may be 32 just and a failure to comply with the order of the court shall be a 33 contempt of court and punishable as such. 34 § 123. Section 47 of the correction law, as added by chapter 865 of 35 the laws of 1975, paragraph (e) of subdivision 1 as amended by chapter 36 447 of the laws of 2016 and subdivision 2 as amended by chapter 491 of 37 the laws of 1987, is amended to read as follows: 38 § 47. Functions, powers and duties of the board. 1. The board shall 39 have the following functions, powers and duties: 40 (a) Investigate and review the cause and circumstances surrounding the 41 death of any [inmate] incarcerated individual of a correctional facili- 42 ty. 43 (b) Visit and inspect any correctional facility wherein an [inmate] 44 incarcerated individual has died. 45 (c) Cause the body of the deceased to undergo such examinations, 46 including an autopsy, as in the opinion of the board, are necessary to 47 determine the cause of death, irrespective of whether any such examina- 48 tion or autopsy shall have previously been performed. 49 (d) Upon review of the cause of death and circumstances surrounding 50 the death of any [inmate] incarcerated individual, the board shall 51 submit its report thereon to the commission and, where appropriate, make 52 recommendations to prevent the recurrence of such deaths to the commis- 53 sion and the administrator of the appropriate correctional facility. 54 (e) (i) Investigate and report to the commission on the condition of 55 systems for the delivery of medical care to [inmates] incarcerated indi- 56 viduals of correctional facilities and where appropriate recommend suchA. 7866 64 1 changes as it shall deem necessary and proper to improve the quality and 2 availability of such medical care. 3 (ii) The board shall be responsive to inquiries from the next of kin 4 and other person designated as a representative of any [inmate] incar- 5 cerated individual whose death takes place during custody in a state 6 correctional facility regarding the circumstances surrounding the death 7 of such [inmate] incarcerated individual. Contact information for the 8 next of kin and designated representative shall be provided by the 9 department to the board from the emergency contact information previous- 10 ly provided by the [inmate] incarcerated individual to the department. 11 2. Every administrator of a correctional facility shall immediately 12 report to the board the death of an [inmate] incarcerated individual of 13 any such facility in such manner and form as the board shall prescribe, 14 together with an autopsy report. 15 § 124. The article heading of article 4 of the correction law, as 16 added by chapter 476 of the laws of 1970, is amended to read as follows: 17 ESTABLISHMENT OF CORRECTIONAL FACILITIES, COMMITMENTS TO DEPARTMENT 18 AND CUSTODY OF [INMATES] INCARCERATED INDIVIDUALS 19 § 125. Subdivision 4 of section 70 of the correction law, as added by 20 chapter 476 of the laws of 1970, is amended to read as follows: 21 4. Two or more correctional facilities may be maintained or estab- 22 lished in the same building or on the same premises so long as the 23 [inmates] incarcerated individuals of each are at all times kept sepa- 24 rate and apart from each other except that the [inmates] incarcerated 25 individuals of one may be permitted to have contact with [inmates] 26 incarcerated individuals of the other in order to perform duties, 27 receive therapeutic treatment, attend religious services and engage in 28 like activities as specifically provided in the rules and regulations of 29 the department. 30 § 126. Subdivisions 1-a and 1-b of section 71 of the correction law, 31 as added by chapter 547 of the laws of 1995, are amended to read as 32 follows: 33 1-a. The commissioner shall ensure that each general confinement 34 facility law library has information on international offender transfers 35 sufficient to inform those persons who are citizens of a treaty nation 36 of the existence of such treaties and of the means by which such persons 37 may initiate a request for return to the person's country of citizenship 38 for service of the sentence imposed. Such law libraries shall also 39 contain the most recent annual Amnesty International Report published by 40 Amnesty International describing the conditions of prisons in each trea- 41 ty nation and, to the extent practicable, other materials describing 42 such prison conditions published by the United Nations, United States 43 Department of State or human rights organizations. In addition, to the 44 extent practicable, such law libraries shall contain information either 45 listing each foreign country's provisions for the reduction of the terms 46 of confinement for penal sentences as well as the availability of 47 [inmate] incarcerated individual programs or, shall contain a list of 48 officials in the United States Department of Justice or the embassy of 49 the foreign country to whom an [inmate] incarcerated individual may 50 write for information. To the extent practicable, newly received 51 [inmates] incarcerated individuals who are identified as foreign 52 nationals of treaty nations shall, as part of the reception process, be 53 advised of the existence of such treaties and the possibility of the 54 initiation of a transfer request. 55 1-b. The commissioner shall promulgate rules and regulations setting 56 forth the procedures by which an [inmate] incarcerated individual mayA. 7866 65 1 apply to be considered for transfer to a foreign nation. The commission- 2 er, or his designee, shall retain sole and absolute authority to approve 3 or disapprove an [inmate's] incarcerated individual's application for 4 transfer. Nothing herein shall be construed to confer upon an [inmate] 5 incarcerated individual a right to be a transferred to a foreign nation. 6 Notwithstanding any other law, rule or regulation to the contrary, no 7 inmate application for transfer shall be processed unless the [inmate] 8 incarcerated individual has first indicated his willingness and desire 9 in writing, on a form prescribed by the commissioner, to be considered 10 for transfer to the foreign nation. Such form shall also contain a copy 11 of the [inmate's] incarcerated individual's most recent legal date 12 computation printout indicating the term or aggregate term of the 13 sentence originally imposed and the release dates resulting therefrom. 14 If a request for transfer is approved by the commissioner or his desig- 15 nee, facility staff shall assist in the preparation and submission of 16 all materials and forms necessary to effectuate the person's request for 17 transfer to the United States Department of Justice for purposes of 18 finalization of the transfer process, including verification proceedings 19 before a United States District Court Judge, United States magistrate or 20 other appointed United States official to assure and document the 21 [inmate's] incarcerated individual's voluntary request for transfer. 22 § 127. Section 71-a of the correction law, as added by section 16-a of 23 subpart A of part C of chapter 62 of the laws of 2011, is amended to 24 read as follows: 25 § 71-a. Transitional accountability plan. Upon admission of an 26 [inmate] incarcerated individual committed to the custody of the depart- 27 ment under an indeterminate or determinate sentence of imprisonment, the 28 department shall develop a transitional accountability plan. Such plan 29 shall be a comprehensive, dynamic and individualized case management 30 plan based on the programming and treatment needs of the [inmate] incar- 31 cerated individual. The purpose of such plan shall be to promote the 32 rehabilitation of the [inmate] incarcerated individual and their 33 successful and productive reentry and reintegration into society upon 34 release. To that end, such plan shall be used to prioritize programming 35 and treatment services for the [inmate] incarcerated individual during 36 incarceration and any period of community supervision. The commissioner 37 may consult with the office of mental health, the office of alcoholism 38 and substance abuse services, the board of parole, the department of 39 health, and other appropriate agencies in the development of transi- 40 tional case management plans. 41 § 128. Section 72 of the correction law, as added by chapter 476 of 42 the laws of 1970, subdivision 2-a as amended by chapter 256 of the laws 43 of 2010, subdivision 2-b as separately added by chapters 536 and 966 of 44 the laws of 1974, subdivision 4 as amended by chapter 567 of the laws of 45 1972, subdivision 5 as amended by chapter 339 of the laws of 1972, 46 subdivision 7 as added by chapter 261 of the laws of 1987, and subdivi- 47 sions 8 and 9 as renumbered by chapter 261 of the laws of 1987, is 48 amended to read as follows: 49 § 72. Confinement of persons by the department. 1. Except as otherwise 50 provided in this section, all persons committed, transferred, certified 51 to or placed in the care or custody of the department shall be confined 52 in institutions maintained by the department until paroled, condi- 53 tionally released, transferred to the care of another agency or released 54 or discharged in accordance with the law. 55 2. The commissioner, or the superintendent or director of an institu- 56 tion in which an [inmate] incarcerated individual is confined, mayA. 7866 66 1 permit an [inmate] incarcerated individual to be taken, under guard, to 2 any place or for any purpose authorized by law, and the commissioner 3 must provide for delivery of an [inmate] incarcerated individual, under 4 guard, to any place where his presence is required pursuant to an order 5 of a court that has authority to require his presence. 6 2-a. The commissioner, superintendent, or director of an institution 7 in which an [inmate] incarcerated individual is confined, may permit an 8 [inmate] incarcerated individual, wishing to do so, to leave the insti- 9 tution under guard for the purpose of performing volunteer labor or 10 services when in the public interest upon the threat or occurrence of a 11 natural disaster, including but not limited to flood, earthquake, hurri- 12 cane, landslide or fire. An [inmate] incarcerated individual may also be 13 permitted to leave the institution under guard to voluntarily perform 14 work for a nonprofit organization pursuant to this subdivision. As used 15 in this subdivision, the term "nonprofit organization" means an organ- 16 ization operated exclusively for religious, charitable, or educational 17 purposes, no part of the net earnings of which inures to the benefit of 18 any private shareholder or individual. 19 2-b. The commissioner, or his designee as authorized by the commis- 20 sioner, may permit an [inmate] incarcerated individual to be taken under 21 guard to any place to participate in an industrial training program. 22 3. The superintendent or director of an institution may permit 23 [inmates] incarcerated individuals to leave the institution for the 24 purpose of performing maintenance work or farm work, or any other work 25 necessary or appropriate for the upkeep, operations or business of the 26 institution or the department. 27 4. Any [inmate] incarcerated individual who is confined in a correc- 28 tional facility and who is eligible for parole or who will become eligi- 29 ble for parole within two years or who has one year or less remaining to 30 be served under his or her sentence may be transferred by the commis- 31 sioner to a correctional camp and may be permitted, by the superinten- 32 dent, to leave the camp to engage in conservation or forestry work or 33 for any purpose permitted under subdivisions two, two-a, two-b and three 34 of this section. 35 5. An [inmate] incarcerated individual may be permitted to leave the 36 institution to participate in a temporary release program in accordance 37 with the provisions of article twenty-six of this chapter. 38 6. An [inmate] incarcerated individual of a residential treatment 39 facility may be permitted to leave such facility in accordance with the 40 provisions of section seventy-three of this article. 41 7. An [inmate] incarcerated individual of a shock incarceration 42 correctional facility may be permitted to leave the facility to partic- 43 ipate in programs in accordance with the provisions of article twenty- 44 six-A of this chapter. 45 8. In any case where the decision to permit an [inmate] incarcerated 46 individual to leave an institution is made by a person other than the 47 commissioner or a deputy commissioner of correction such action and the 48 manner in which it is carried out shall be in strict accordance with the 49 rules and regulations of the department. Such rules and regulations may 50 restrict or limit the authority of the superintendent or director in any 51 manner deemed advisable by the commissioner. 52 9. The provisions of this section shall not be construed in such 53 manner as to be in conflict with any provision of law that specifically 54 provides for circumstances under which [inmates] incarcerated individ- 55 uals may be permitted to leave institutions.A. 7866 67 1 § 128-a. Subdivision 5 of section 72 of the correction law, as added 2 by chapter 476 of the laws of 1970, is amended to read as follows: 3 5. An [inmate] incarcerated individual of a work release facility may 4 be permitted to leave the facility to participate in a work release 5 program in accordance with the provisions of article twenty-six of this 6 chapter. 7 § 129. Section 72-a of the correction law, as amended by section 7 of 8 subpart B of part C of chapter 62 of the laws of 2011, is amended to 9 read as follows: 10 § 72-a. Community treatment facilities. 1. Transfer of eligible 11 [inmate] incarcerated individual. Notwithstanding the provisions of 12 section seventy-two of this chapter, any [inmate] incarcerated individ- 13 ual confined in a correctional facility who is an "eligible [inmate] 14 incarcerated individual" as defined by subdivision two of section eight 15 hundred fifty-one of this chapter and has been certified by the [divi-16sion of] office of alcoholism and substance abuse services as being in 17 need of substance abuse treatment and rehabilitation may be transferred 18 by the commissioner to a community treatment facility. 19 2. Designation of facilities. A community treatment facility shall be 20 designated by the [director] commissioner of the [division of] office of 21 alcoholism and substance abuse services and the commissioner. Such 22 facility shall be operated by a provider or sponsoring agency that has 23 provided approved residential substance abuse treatment services for at 24 least two years duration. 25 3. Operating standards. The commissioner, after consultation with the 26 [director] commissioner of the [division of] office of alcoholism and 27 substance abuse services, shall promulgate rules and regulations which 28 provide for minimum standards of operation, including but not limited to 29 the following: 30 (a) provision for adequate security and protection of the surrounding 31 community; 32 (b) adequate physical plant standards; 33 (c) provisions for adequate program services, staffing, and record 34 keeping; and 35 (d) provision for the general welfare of the [inmates] incarcerated 36 individuals. 37 4. Community supervision. The department shall provide for the 38 provision of community supervision services. All [inmates] incarcerated 39 individuals residing in a community treatment facility shall be assigned 40 to parole officers for supervision. Such parole officers shall be 41 responsible for providing such supervision. 42 5. Reports. The department and the division of substance abuse 43 services shall jointly issue quarterly reports including a description 44 of those facilities that have been designated as community treatment 45 facilities, the number of [inmates] incarcerated individuals confined in 46 each facility, a description of the programs within each facility, and 47 the number of absconders, if any, as well as the nature and number of 48 re-arrests, if any, during the individual's period of community super- 49 vision. Copies of such reports, as well as copies of any inspection 50 report issued by the department or the commission of correction shall be 51 sent to the director of the budget, the chairman of the senate finance 52 committee, the chairman of the senate crime and correction committee, 53 the chairman of the assembly ways and means committee and the chairman 54 of the assembly committee on codes. 55 6. Reimbursement. (a) The commissioner, in consultation with the 56 [director] commissioner of the [division of] office of alcoholism andA. 7866 68 1 substance abuse services, shall enter into an agreement with the [divi-2sion of] office of alcoholism and substance abuse services whereby the 3 [division of] office of alcoholism and substance abuse services will 4 contract with community treatment facilities for provision of services 5 pursuant to this section within amounts made available by the depart- 6 ment. Each contract shall provide for frequent visitation, inspection of 7 the facility, and enforcement of the minimum standards and shall author- 8 ize the supervision of [inmates] incarcerated individuals residing in a 9 community treatment facility by parole officers. 10 (b) The commissioner shall promulgate rules and regulations specifying 11 those costs related to the general operation of community treatment 12 facilities that shall be eligible for reimbursement. Such eligible costs 13 shall not include debt service, whether principal or interest, or costs 14 for which state or federal aid or reimbursement is otherwise available. 15 Such rules and regulations shall be subject to the approval of the 16 director of the budget. 17 (c) The department shall not contract for provision of services to 18 more than fifty [inmates] incarcerated individuals at any one facility. 19 (d) At least thirty days prior to final approval of any such contract, 20 a copy of the proposed contract shall be sent to the director of the 21 budget, the chairman of the senate finance committee, the chairman of 22 the senate crime and correction committee, the chairman of the assembly 23 ways and means committee, and the chairman of the assembly committee on 24 codes. 25 § 130. Section 72-b of the correction law, as added by section 48 of 26 part B of chapter 58 of the laws of 2004, subdivision 2 as amended by 27 section 17 of subpart A of part C of chapter 62 of the laws of 2011, is 28 amended to read as follows: 29 § 72-b. Discharge of [inmates] incarcerated individuals to adult care 30 facilities. 1. An [inmate] incarcerated individual about to be 31 discharged to an adult home, enriched housing program or residence for 32 adults, as defined in section two of the social services law, shall be 33 referred only to such home, program or residence that is consistent with 34 that person's needs and that operates pursuant to section four hundred 35 sixty of the social services law. No [inmate] incarcerated individual 36 shall be directly referred to any facility that is required to be certi- 37 fied as an adult care facility under the provisions of article seven of 38 the social services law, unless it has been determined that such facili- 39 ty has a valid operating certificate. 40 2. No [inmate] incarcerated individual about to be paroled, condi- 41 tionally released, transferred, released or discharged shall be referred 42 to any adult home, enriched housing program or residence for adults, as 43 defined in section two of the social services law, where the department 44 of corrections and community supervision has received written notice 45 that the facility has been placed on the "do not refer list" pursuant to 46 subdivision fifteen of section four hundred sixty-d of the social 47 services law. 48 § 131. Section 73 of the correction law, as amended by section 8 of 49 subpart B of part C of chapter 62 of the laws of 2011, is amended to 50 read as follows: 51 § 73. Residential treatment facilities. 1. The commissioner may trans- 52 fer any [inmate] incarcerated individual of a correctional facility who 53 is eligible for community supervision or who will become eligible for 54 community supervision within six months after the date of transfer or 55 who has one year or less remaining to be served under his or her 56 sentence to a residential treatment facility and such person may beA. 7866 69 1 allowed to go outside the facility during reasonable and necessary hours 2 to engage in any activity reasonably related to his or her rehabili- 3 tation and in accordance with the program established for him or her. 4 While outside the facility he or she shall be at all times in the custo- 5 dy of the department and under its supervision. 6 2. The department shall be responsible for securing appropriate educa- 7 tion, on-the-job training and employment for [inmates] incarcerated 8 individuals transferred to residential treatment facilities. The depart- 9 ment also shall supervise such [inmates] incarcerated individuals during 10 their participation in activities outside any such facility and at all 11 times while they are outside any such facility. 12 3. Programs directed toward the rehabilitation and total reintegration 13 into the community of persons transferred to a residential treatment 14 facility shall be established. Each [inmate] incarcerated individual 15 shall be assigned a specific program by the superintendent of the facil- 16 ity and a written memorandum of such program shall be delivered to him 17 or her. 18 4. If at any time the superintendent of a residential treatment facil- 19 ity is of the opinion that any aspect of the program assigned to an 20 individual is inconsistent with the welfare or safety of the community 21 or of the facility or its [inmates] incarcerated individuals, the super- 22 intendent may suspend such program or any part thereof and restrict the 23 [inmate's] incarcerated individual's activities in any manner that is 24 necessary and appropriate. Upon taking such action the superintendent 25 shall promptly notify the commissioner and pending decision by the 26 commissioner, the superintendent may keep such [inmate] incarcerated 27 individual under such security as may be necessary. 28 5. The commissioner may at any time and for any reason transfer an 29 [inmate] incarcerated individual from a residential treatment facility 30 to another correctional facility. 31 6. Where a person who is an [inmate] incarcerated individual of a 32 residential treatment facility absconds, or fails to return thereto as 33 specified in the program approved for him or her, he or she may be 34 arrested and returned by an officer or employee of the department or by 35 any peace officer, acting pursuant to his or her special duties, or 36 police officer without a warrant; or a member of the board of parole or 37 an officer designated by such board may issue a warrant for the retaking 38 of such person. A warrant issued pursuant to this subdivision shall have 39 the same force and effect, and shall be executed in the same manner, as 40 a warrant issued for violation of community supervision. 41 7. The provisions of this chapter relating to good behavior allowances 42 and conditional release shall apply to behavior of [inmates] incarcerat- 43 ed individuals while assigned to a residential treatment facility for 44 behavior on the premises and outside the premises of such facility and 45 good behavior allowances may be granted, withheld, forfeited or 46 cancelled in whole or in part for behavior outside the premises of the 47 facility to the same extent and in the same manner as is provided for 48 [inmates] incarcerated individuals within the premises of any facility. 49 8. The state board of parole may grant parole to any [inmate] incar- 50 cerated individual of a residential treatment facility at any time after 51 he or she becomes eligible therefor. Such parole shall be in accordance 52 with provisions of law that would apply if the person were still 53 confined in the facility from which he or she was transferred, except 54 that any personal appearance before the board may be at any place desig- 55 nated by the board.A. 7866 70 1 9. The earnings of any [inmate] incarcerated individual of a residen- 2 tial treatment facility shall be dealt with in accordance with the 3 procedure set forth in section eight hundred sixty of this chapter. 4 10. The commissioner is authorized to use any residential treatment 5 facility as a residence for persons who are on community supervision. 6 Persons who reside in such a facility shall be subject to conditions of 7 community supervision imposed by the board. 8 § 132. Section 74 of the correction law, as amended by chapter 270 of 9 the laws of 2015, is amended to read as follows: 10 § 74. Discharge on holidays, Saturdays and Sundays. Where the date of 11 release on parole or conditional release, or where the date of discharge 12 from the care or custody of the department, falls on Saturday or Sunday, 13 it shall be deemed to fall on the preceding Friday. Where the date of 14 such release or discharge falls on a legal holiday it shall be deemed to 15 fall on the preceding day, except that when such legal holiday falls on 16 a Monday the date of release shall be deemed to fall on the preceding 17 Friday. Notwithstanding the foregoing, or any other provision of the law 18 to the contrary, the commissioner, in his or her discretion, may advance 19 the release date of an [inmate] incarcerated individual, who is sched- 20 uled to be released on a Friday, to a Thursday in any case where the 21 [inmate] incarcerated individual will serve a period of community super- 22 vision upon release and the commissioner determines that public safety 23 will be enhanced by a next day reporting requirement. 24 § 133. The section heading and subdivision 1 of section 76 of the 25 correction law, as amended by chapter 5 of the laws of 2015, are amended 26 to read as follows: 27 Notice of transitional services for [inmates] incarcerated individuals 28 released from correctional facilities. 1. Prior to the release of an 29 [inmate] incarcerated individual from a correctional facility, the 30 department shall provide such [inmate] incarcerated individual with 31 information on transitional services available in the county or city 32 where such [inmate] incarcerated individual is scheduled to be released. 33 Such information shall include programs designed to promote the success- 34 ful and productive reentry and reintegration of an [inmate] incarcerated 35 individual into society including medical and mental health services, 36 HIV/AIDS services, educational, vocational and employment services, 37 alcohol or substance abuse treatment and housing services. The depart- 38 ment shall maintain a current list of transitional services which shall 39 be updated regularly in order to effectuate the purposes of this 40 section. Where appropriate, the department shall provide assistance to 41 an [inmate] incarcerated individual in contacting a program or service 42 provider prior to such [inmate's] incarcerated individual's release to 43 the community. 44 § 134. Subdivisions 1, 4 and 5 of section 87 of the correction law, as 45 added by chapter 549 of the laws of 1987, are amended to read as 46 follows: 47 1. "Alternate correctional facility" shall mean a correctional facili- 48 ty designed to house medium security [inmates] incarcerated individuals 49 as defined by department rules and regulations, which is owned by the 50 city of New York, operated by the department pursuant to the rules and 51 regulations promulgated by the commissioner and in accordance with the 52 operation agreement as defined in subdivision five of this section, and 53 used for the confinement of eligible [inmates] incarcerated individuals, 54 as defined by subdivision four of this section. 55 4. "Eligible [inmates] incarcerated individuals" shall mean [male56inmates] incarcerated individuals of a New York city correctional facil-A. 7866 71 1 ity who are at least nineteen years of age, who are serving a definite, 2 but not an intermittent, sentence of imprisonment, and who do not have 3 criminal charges pending against them. 4 5. "Operation agreement" shall mean an agreement entered into pursuant 5 to section eighty-eight of this article by the commissioner and the city 6 of New York which governs the operation of one or both alternate correc- 7 tional facilities and addresses all related issues, including, but not 8 limited to, general staffing levels and nature of staffing positions; 9 composition of medical staff; availability of outside medical services; 10 procedures and criteria for selecting eligible [inmates] incarcerated 11 individuals; availability and frequency of transportation of [inmates] 12 incarcerated individuals and visitors of [inmates] incarcerated individ- 13 uals to such facility; availability, content and frequency of program- 14 ming for [inmates] incarcerated individuals; mechanisms to establish, 15 monitor and review operating and capital expenditures; and legal repre- 16 sentation of both [inmates] incarcerated individuals and employees of 17 such facilities. 18 § 135. Subdivision 4 of section 88 of the correction law, as added by 19 chapter 549 of the laws of 1987, is amended to read as follows: 20 4. For each alternate correctional facility, the commissioner is here- 21 by authorized and empowered to enter into a construction agreement, an 22 operation agreement, and any other agreements or leases with the city of 23 New York which are deemed by the commissioner to be necessary or conven- 24 ient for the establishment, operation and maintenance of an alternate 25 correctional facility. An operation agreement shall govern the operation 26 of an alternate correctional facility for up to ten years after the 27 commencement of housing of eligible [inmates] incarcerated individuals 28 at such facility. The commissioner shall not operate an alternate 29 correctional facility except pursuant to an executed operation agree- 30 ment. 31 § 136. Subdivision 2 of section 88-a of the correction law, as added 32 by chapter 549 of the laws of 1987, is amended to read as follows: 33 2. To enter into an operation agreement or agreements as defined in 34 this article and pursuant to any such agreements to utilize alternate 35 correctional facilities for the housing of certain [inmates] incarcerat- 36 ed individuals of New York city correctional facilities. 37 § 137. Subdivision 1 of section 89-a of the correction law, as amended 38 by chapter 409 of the laws of 1991, is amended to read as follows: 39 1. Management of alternate correctional facilities. Superintendence, 40 management and control of alternate correctional facilities and the 41 eligible [inmates] incarcerated individuals housed therein shall be as 42 directed by the commissioner consistent with the following: an alternate 43 correctional facility shall be operated pursuant to rules and regu- 44 lations promulgated for such facilities by the commissioner in consulta- 45 tion with the state commission of correction and the provisions of the 46 operation agreement. The commissioner shall operate such facility inso- 47 far as practicable in the same manner as a general confinement facility 48 which houses medium security state [inmates] incarcerated individuals. 49 Nothing herein, however, shall preclude the commissioner from enhancing 50 staffing or programming to accommodate the particular needs of eligible 51 [inmates] incarcerated individuals pursuant to the operation agreement. 52 No [inmate] incarcerated individual shall be housed in any alternate 53 correctional facility until such facility has been established in 54 accordance with the provisions of section eighty-nine of this article. 55 The population in an alternate correctional facility shall not exceed 56 its design capacity of approximately seven hundred eligible [inmates]A. 7866 72 1 incarcerated individuals except pursuant to variances permitted by law, 2 rule or regulation or court order. 3 § 138. Section 89-c of the correction law, as added by chapter 549 of 4 the laws of 1987, is amended to read as follows: 5 § 89-c. Use of alternate correctional facilities. 1. Alternate correc- 6 tional facilities shall serve only to supplement local correctional 7 facilities within the city of New York. In considering whether to assign 8 an eligible [inmate] incarcerated individual to an alternate correction- 9 al facility or to transfer such [inmate] incarcerated individual from 10 such facility, preference shall be given to available space suitable for 11 housing sentenced [inmates] incarcerated individuals at local correc- 12 tional facilities within the city of New York. 13 2. Consistent with the provisions of this article and subject to the 14 applicable rules and regulations for operation of alternate correctional 15 facilities and the provisions of the operation agreement, assignment of 16 [inmates] incarcerated individuals to alternate correctional facilities 17 shall be made jointly by the commissioner and the commissioner of the 18 New York city department of correction. In making such assignments, 19 consideration shall be given to [inmates] incarcerated individuals who 20 have a greater period of time remaining to be served on their sentences, 21 taking into account any applicable jail time and good behavior time. No 22 [inmate] incarcerated individual who is eligible for educational 23 services pursuant to subdivision seven of section three thousand two 24 hundred two of the education law and who chooses to avail himself or 25 herself of such services shall be assigned to an alternate correctional 26 facility. 27 3. [Inmates] Incarcerated individuals assigned to alternate correc- 28 tional facilities shall be returned to a local correctional facility 29 within the city of New York at any such time as the commissioner deter- 30 mines: 31 (a) that the assignment was not in accordance with this article, or 32 (b) that the confinement of an [inmate] incarcerated individual in an 33 alternate correctional facility is no longer suitable because it poten- 34 tially endangers the safety, security or order of the facility. 35 4. Any [inmate] incarcerated individual who is eligible for educa- 36 tional services pursuant to subdivision seven of section three thousand 37 two hundred two of the education law shall also be returned to a New 38 York city local correctional facility if he or she chooses to avail 39 himself or herself of such services. 40 5. [Inmates] Incarcerated individuals assigned to alternate correc- 41 tional facilities shall be returned to a New York city correctional 42 facility within the city of New York no later than seven days prior to 43 their scheduled release or discharge from incarceration. 44 6. Notwithstanding any other provisions of law, no [inmates] incarcer- 45 ated individuals from jurisdictions other than the city of New York 46 shall be housed at any time in an alternate correctional facility. 47 § 139. Section 89-d of the correction law, as added by chapter 549 of 48 the laws of 1987, is amended to read as follows: 49 § 89-d. Transportation. The state of New York shall have no responsi- 50 bility, financial or otherwise, for transporting [inmates] incarcerated 51 individuals between a New York city local correctional facility and an 52 alternate correctional facility, regardless of the reason for such 53 transfer. The city of New York shall be responsible for all such costs, 54 as well as the actual transportation and supervision of [inmates] incar- 55 cerated individuals during transport.A. 7866 73 1 § 140. Subdivision 3 of section 89-e of the correction law, as added 2 by chapter 549 of the laws of 1987, is amended to read as follows: 3 3. The panel shall examine whether alternate correctional facilities 4 should continue to be utilized, whether all steps practicable have been 5 taken by the city of New York toward finding alternatives to housing 6 eligible [inmates] incarcerated individuals in alternate correctional 7 facilities, including the construction of correctional facilities within 8 the city of New York and the development of alternatives to incarcera- 9 tion, and whether there has been compliance with all applicable laws, 10 rules and regulations and the operation agreement. 11 § 141. Subdivision 1 of section 90 of the correction law, as added by 12 chapter 478 of the laws of 1970, is amended to read as follows: 13 1. To provide correctional programs for persons who receive sentences 14 of imprisonment with terms of one year or less and who otherwise would 15 be confined in institutions in counties that do not have a sufficient 16 number of [inmates] incarcerated individuals to justify construction of 17 an adequate correctional institution or operation of a modern correc- 18 tional program; 19 § 142. The section heading and subdivisions 1 and 3 of section 91 of 20 the correction law, as amended by section 5 of part H of chapter 56 of 21 the laws of 2009, are amended to read as follows: 22 Agreements for custody of definite sentence [inmates] incarcerated 23 individuals. 1. The commissioner may enter into an agreement with any 24 county or with the city of New York to provide for custody by the 25 department of persons who receive definite sentences of imprisonment 26 with terms in excess of ninety days who otherwise would serve such 27 sentences in the jail, workhouse, penitentiary or other local correc- 28 tional institution maintained by such locality; provided, however, that 29 a person committed to the custody of the department pursuant to an 30 agreement established by this section, except a person committed pursu- 31 ant to an agreement with the city of New York, shall be delivered to a 32 reception center designated by the commissioner for an initial process- 33 ing period which shall be no longer than seven days, and thereafter, 34 shall be transferred to a general confinement correctional facility 35 located in the same county or in a county adjacent to the county where 36 such person would otherwise be committed to a local correctional facili- 37 ty. In the event, however, that exigent circumstances related to health, 38 safety or security arise which require the immediate transfer of an 39 [inmate] incarcerated individual to a different facility not within the 40 county or adjacent county, then the department shall, as soon thereafter 41 as practicable, arrange for such [inmate] incarcerated individual to be 42 returned to the jurisdiction of the county from which he or she was 43 committed. 44 3. An agreement made under this section shall require the locality to 45 pay the cost of treatment, maintenance and custody furnished by the 46 department, and the costs incurred under subdivision two or three of 47 section one hundred twenty-five of this chapter relating to the 48 provision of clothing, money and transportation upon release or 49 discharge of [inmates] incarcerated individuals delivered to the depart- 50 ment pursuant to the agreement, and shall contain at least the following 51 provisions: 52 (a) A provision specifying the minimum length of the term of imprison- 53 ment of persons who may be received by the department under the agree- 54 ment, which may be any term in excess of ninety days agreed to by the 55 parties and which need not be the same in each agreement;A. 7866 74 1 (b) A provision that no charge will be made to the state or to the 2 department or to any of its institutions during the pendency of such 3 agreement for delivery of [inmates] incarcerated individuals to the 4 department by officers of the locality, and that the provisions of 5 section six hundred two of this chapter or of any similar law shall not 6 apply for delivery of [inmates] incarcerated individuals during such 7 time; 8 (c) Designation of the correctional facility or facilities to which 9 persons under sentences covered by the agreement are to be delivered; 10 (d) A provision requiring the department to provide transitional 11 services upon the release of persons committed to the custody of the 12 department pursuant to an agreement established by this section; 13 (e) Any other provision the commissioner may deem necessary or appro- 14 priate; and 15 (f) A provision giving either party the right to cancel the agreement 16 by giving the other party notice in writing, with cancellation to become 17 effective on such date as may be specified in such notice. 18 § 142-a. The section heading, and paragraphs (b), (c) and (d) of 19 subdivision 3 of section 91 of the correction law, as amended by section 20 10 of subpart B of part C of chapter 62 of the laws of 2011, are amended 21 to read as follows: 22 Agreements for custody of definite sentence [inmates] incarcerated 23 individuals. 24 (b) A provision that no charge will be made to the state or to the 25 state department of corrections and community supervision or to any of 26 its institutions during the pendency of such agreement for delivery of 27 [inmates] incarcerated individuals to the state department of 28 corrections and community supervision by officers of the locality, and 29 that the provisions of section six hundred two of this chapter or of any 30 similar law shall not apply for delivery of [inmates] incarcerated indi- 31 viduals during such time; 32 (c) A provision that no charge shall be made to or shall be payable by 33 the state during the pendency of such agreement for the expense of main- 34 taining parole violators pursuant to section [two hundred sixteen of35this chapter] two hundred fifty-nine-i of the executive law, for the 36 expense of maintaining coram nobis prisoners pursuant to section six 37 hundred one-b of this chapter, or for the expense of maintaining felony 38 prisoners pursuant to section six hundred one-c of this chapter[, or for39the expense of maintaining alternative local reformatory inmates pursu-40ant to section eight hundred thirty-five in institutions maintained by41the locality]; 42 (d) A provision, approved by the state comptroller, for reimbursement 43 of the state department of corrections and community supervision by the 44 locality for expenses incurred under subdivision two or three of section 45 one hundred twenty-five of this chapter relating to clothing, money and 46 transportation furnished upon release or discharge of [inmates] incar- 47 cerated individuals delivered to the state department of corrections and 48 community supervision pursuant to the agreement; 49 § 143. Section 92 of the correction law, as amended by section 6 of 50 part H of chapter 56 of the laws of 2009, is amended to read as follows: 51 § 92. Effect of agreement for custody of definite sentence [inmates] 52 incarcerated individuals. 1. After a copy of an agreement made under 53 section ninety-one of this article is filed with the secretary of state, 54 all commitments under sentences covered by the agreement by courts in 55 the county or city to which it applies shall be deemed to be to the 56 custody of the department and shall be so construed and interpretedA. 7866 75 1 irrespective of the institution or agency to which the commitments are 2 made. 3 2. Any [inmate] incarcerated individual who is serving a term of 4 imprisonment covered by the agreement imposed prior to the filing of 5 such agreement, and any [inmate] incarcerated individual who is under 6 consecutive definite sentences of imprisonment with an aggregate term of 7 the length covered by the agreement, irrespective of whether one or more 8 of such sentences was imposed prior to the filing of the agreement, may 9 be transferred to the care of the department upon request of the head of 10 the county or city institution and approval of the commissioner. 11 3. [Inmates] Incarcerated individuals who are deemed committed to the 12 custody of the department under subdivision one of this section, or who 13 may be transferred to the care of the department under subdivision two 14 of this section, shall be dealt with in all respects in the same manner 15 as [inmates] incarcerated individuals committed to the custody of the 16 department. 17 4. In the event any such agreement is cancelled, [inmates] incarcerat- 18 ed individuals delivered to the department prior to the date of cancel- 19 lation shall continue to serve their sentences in the custody of such 20 department and the provisions of such agreement shall continue to apply 21 with respect to such [inmates] incarcerated individuals. A copy of the 22 notice of cancellation shall be filed with the secretary of state and 23 with the clerks of courts in the manner provided in subdivision four of 24 section ninety-one of this article, and no [inmates] incarcerated indi- 25 viduals shall be delivered to the custody of the department under such 26 agreement after the date on which such cancellation becomes effective. 27 § 143-a. Section 92 of the correction law, as amended by section 11 of 28 subpart B of part C of chapter 62 of the laws of 2011, is amended to 29 read as follows: 30 § 92. Effect of agreement for custody of definite sentence [inmates] 31 incarcerated individuals. 1. After a copy of an agreement made under 32 section ninety-one of this article is filed with the secretary of state, 33 all commitments under sentences covered by the agreement by courts in 34 the county or city to which it applies shall be deemed to be to the 35 custody of the state department of corrections and community supervision 36 and shall be so construed and interpreted irrespective of the institu- 37 tion or agency to which the commitments are made. 38 2. Any [inmate] incarcerated individual who is serving a term of 39 imprisonment covered by the agreement imposed prior to the filing of 40 such agreement, and any [inmate] incarcerated individual who is under 41 consecutive definite sentences of imprisonment with an aggregate term of 42 the length covered by the agreement, irrespective of whether one or more 43 of such sentences was imposed prior to the filing of the agreement, may 44 be transferred to the care of the state department of corrections and 45 community supervision upon request of the head of the county or city 46 institution and approval of the state commissioner of corrections and 47 community supervision. 48 3. [Inmates] Incarcerated individuals who are deemed committed to the 49 custody of the state department of corrections and community supervision 50 under subdivision one of this section, or who may be transferred to the 51 care of the state department of corrections and community supervision 52 under subdivision two of this section, shall be dealt with in all 53 respects in the same manner as [inmates] incarcerated individuals 54 committed to the custody of the state department of corrections and 55 community supervision.A. 7866 76 1 4. In the event any such agreement is cancelled, [inmates] incarcerat- 2 ed individuals delivered to the state department of corrections and 3 community supervision prior to the date of cancellation shall continue 4 to serve their sentences in the custody of such department and the 5 provisions of such agreement shall continue to apply with respect to 6 such [inmates] incarcerated individuals. A copy of the notice of 7 cancellation shall be filed with the secretary of state and with the 8 clerks of courts in the manner provided in subdivision four of section 9 ninety-one of this article, and no [inmates] incarcerated individuals 10 shall be delivered to the custody of the state department of corrections 11 and community supervision under such agreement after the date on which 12 such cancellation becomes effective. 13 § 144. Section 93 of the correction law, as amended by section 12 of 14 subpart B of part C of chapter 62 of the laws of 2011, is amended to 15 read as follows: 16 § 93. Temporary custody of sentenced [inmates] incarcerated individ- 17 uals in emergencies. 1. Whenever a state of emergency shall be declared 18 by the chief executive officer of a local government pursuant to section 19 two hundred nine-m of the general municipal law, the chief executive 20 officer of the county in which such state of emergency is declared, or 21 where a county or counties are wholly within a city the mayor of such 22 city, may request the governor to remove all or any number of sentenced 23 [inmates] incarcerated individuals from institutions maintained by such 24 county or city. Upon receipt of such request, if the governor is satis- 25 fied that the public interest so requires, the governor may, in his or 26 her discretion, authorize and direct the state commissioner of 27 corrections and community supervision to remove such [inmates] incarcer- 28 ated individuals. 29 2. Upon receipt of any such direction the state commissioner of 30 corrections and community supervision shall transport such [inmates] 31 incarcerated individuals to any correctional facility in the department 32 and such [inmates] incarcerated individuals shall be retained in the 33 custody of the department, subject to all laws and rules and regulations 34 pertaining to [inmates] incarcerated individuals in the custody of the 35 department, until returned to the institution from which they were 36 removed or discharged or released in accordance with the law. 37 3. In the event that the state department of corrections and community 38 supervision does not have space in its correctional facilities to accom- 39 modate all or any number of the [inmates] incarcerated individuals so 40 removed from a local institution, the commissioner shall have the power 41 to lodge any number of such [inmates] incarcerated individuals in any 42 county jail, workhouse or penitentiary within the state that has room to 43 receive them and such institution shall be required to receive such 44 [inmates] incarcerated individuals. [Inmates] Incarcerated individuals 45 so lodged shall be subject to all rules and regulations pertaining to 46 [inmates] incarcerated individuals committed to such institution until 47 returned to the institution from which they were removed, or removed to 48 a state correctional facility, or discharged or released in accordance 49 with the law; provided, however, that [inmates] incarcerated individuals 50 discharged or released from any such local institution shall be entitled 51 to receive clothing, money and transportation from the state department 52 of corrections and community supervision to the same extent as [inmates] 53 incarcerated individuals discharged or released from a state correction- 54 al facility. 55 4. When sentenced [inmates] incarcerated individuals have been removed 56 from a penitentiary pursuant to this section, such penitentiary may beA. 7866 77 1 used for the purpose of detention of prisoners awaiting trial or for any 2 other purpose to which a county jail may be put. 3 5. The original order of commitment and any other case record pertain- 4 ing to [inmates] incarcerated individuals removed pursuant to this 5 section shall be delivered to the head of any institution in which he or 6 she may be lodged and shall be returned to the institution from which he 7 or she was removed at the time of his or her return to such institution 8 or upon his or her release or discharge in accordance with the law. 9 6. [Inmates] Incarcerated individuals removed from a local institution 10 pursuant to a request made under subdivision one of this section may be 11 returned to such institution by the state commissioner of corrections 12 and community supervision, subject to the approval of the governor, at 13 any time such commissioner is satisfied that the return of such 14 [inmates] incarcerated individuals is not inconsistent with the public 15 interest. 16 7. The county or city maintaining the institution from which [inmates] 17 incarcerated individuals are removed pursuant to subdivision one of this 18 section shall be liable for all damages arising out of any act performed 19 pursuant to this section and for reimbursement for the following items: 20 (a) The cost of clothing, money and transportation furnished to any 21 [inmate] incarcerated individual who is released or discharged prior to 22 the return of such [inmate] incarcerated individual to the institution 23 from which he or she is removed shall be paid to the state department of 24 corrections and community supervision; and 25 (b) The cost of maintaining any [inmate] incarcerated individual in a 26 county jail, workhouse or penitentiary shall be paid to the local 27 government that maintains such institution. Such cost shall be the actu- 28 al per capita daily cost, as certified to the state commissioner of 29 corrections and community supervision. 30 § 145. Section 94 of the correction law, as amended by section 13 of 31 subpart B of part C of chapter 62 of the laws of 2011, is amended to 32 read as follows: 33 § 94. Use of local government institutions for residential treatment 34 of persons under the custody of the state department of corrections and 35 community supervision. 1. The state commissioner of corrections and 36 community supervision is hereby authorized to transfer any [inmate] 37 incarcerated individual under the care or custody of the department who 38 is eligible to be transferred to a residential treatment facility under 39 section seventy-three of this chapter to any county jail, workhouse or 40 penitentiary for the purpose of having such [inmate] incarcerated indi- 41 vidual engage in a residential treatment facility program; provided, 42 however, that: 43 (a) Such [inmate] incarcerated individual has resided or was employed 44 or has dependents or parents who reside in the county, or in a county 45 that is contiguous to the county, in which the institution to which he 46 or she would be transferred is located; 47 (b) Arrangements have been made for the education, on-the-job train- 48 ing, employment or for some other rehabilitative treatment of such 49 [inmate] incarcerated individual in the county, or in a county that is 50 contiguous to the county, in which the institution to which he or she 51 would be transferred is located; and 52 (c) The sheriff, warden, superintendent, local commissioner of 53 correction or other person in charge of the institution to which the 54 [inmate] incarcerated individual would be transferred consents to such 55 transfer.A. 7866 78 1 2. An [inmate] incarcerated individual so transferred shall continue 2 to be in the custody of the state department of corrections and communi- 3 ty supervision but shall, during the period of such transfer, be in the 4 care of the head of the institution to which he or she is transferred. 5 The provisions of section seventy-three of this chapter shall apply in 6 the case of any such transfer as fully and completely as if the [inmate] 7 incarcerated individual were transferred to a residential treatment 8 facility, and the head of the institution to which the [inmate] incar- 9 cerated individual is transferred and the officers and employees thereof 10 shall have and may exercise all of the powers of the superintendent of a 11 residential treatment facility with respect to the care or custody of 12 such [inmate] incarcerated individual. 13 In any case where an [inmate] incarcerated individual is employed, 14 however, the provisions of subdivision nine of such section seventy- 15 three shall not apply and the wages or salary of such [inmate] incarcer- 16 ated individual shall be dealt with under the provisions applicable to a 17 work release program in the type of institution to which he or she is 18 transferred as provided in [sections] section one hundred fifty-four[,] 19 or eight hundred seventy-two [or eight hundred ninety-three] of this 20 chapter as the case may be; and in the event such [inmate] incarcerated 21 individual is returned to a state correctional facility, any balance 22 remaining in the trust fund account shall be paid over to the super- 23 intendent of such facility and shall be deposited by him or her as 24 [inmates'] incarcerated individuals' funds pursuant to section one 25 hundred sixteen of this chapter. 26 3. If at any time the head of a local institution to which an [inmate] 27 incarcerated individual is transferred under this section is of the 28 opinion that continued care of such [inmate] incarcerated individual in 29 such institution is inconsistent with the welfare or safety of the 30 community or of the institution or its [inmates] incarcerated individ- 31 uals, he or she may request the state commissioner to return such 32 [inmate] incarcerated individual to a state correctional facility and, 33 upon the receipt of any such request, the commissioner shall cause such 34 [inmate] incarcerated individual to be so returned promptly and at the 35 expense of the state department of corrections and community super- 36 vision. 37 4. The expenses of any such transfer shall be paid by the state 38 department of corrections and community supervision and the commissioner 39 is hereby authorized to reimburse the local institution for a sum deter- 40 mined by the head of such institution and agreed to in advance by the 41 commissioner to be the cost of food, lodging and clothing within the 42 institution, and the actual and necessary food, travel and other 43 expenses required for a program outside the institution, incurred or 44 advanced by the institution; provided, however, that: 45 (a) In any case where the commissioner has a pending agreement with a 46 locality under section ninety-one of this article, the commissioner 47 shall not reimburse the local institution for any cost incurred for 48 food, lodging and clothing within the institution; and 49 (b) The wages or salary, if any, of such [inmate] incarcerated indi- 50 vidual shall be used for such reimbursement and shall be applied to 51 defray any costs authorized to be paid under this section before any 52 amount shall be paid by the commissioner hereunder, and any such wages 53 or salary may be so applied irrespective of the provisions of paragraph 54 (a) of this subdivision. 55 § 146. Subdivisions 2, 3 and 5 of section 95 of the correction law, 56 subdivisions 2 and 5 as added by chapter 3 of the laws of 1995 andA. 7866 79 1 subdivision 3 as amended by chapter 518 of the laws of 1999, are amended 2 to read as follows: 3 2. Any such [inmate] incarcerated individual shall be deemed to be in 4 the custody of and subject to the jurisdiction of the department but 5 shall, during the period of his or her local confinement, be under the 6 care of the head of the local correctional facility in which he or she 7 resides. 8 3. If at any time the head of the local correctional facility is of 9 the opinion that the continued care of such [inmate] incarcerated indi- 10 vidual in the local correctional facility is inconsistent with the 11 welfare or safety of the [inmate] incarcerated individual, the communi- 12 ty, the facility or other [inmates] incarcerated individuals, he or she 13 may demand that such [inmate] incarcerated individual be transferred 14 forthwith to the custody of the department. Thereafter, the department 15 shall be obligated to receive into its custody such [inmate] incarcerat- 16 ed individual in the manner prescribed for the acceptance of newly 17 sentenced [inmates] incarcerated individuals required by section 430.20 18 of the criminal procedure law unless the contract specifies an alterna- 19 tive method of transfer. Notwithstanding the foregoing, in any case 20 where the [inmate] incarcerated individual in the care of the local 21 correctional facility pursuant to a contract as provided for in this 22 section is convicted of a class A-1 felony offense or a class B violent 23 felony offense or a class C violent felony offense, the head of the 24 local correctional facility may demand that such [inmate] incarcerated 25 individual be transferred forthwith to the custody of the department. 26 Thereafter, the department shall be obligated to receive into its custo- 27 dy such [inmate] incarcerated individual within forty-eight hours of 28 receipt of such demand from the head of the local correctional facility. 29 5. No [inmate] incarcerated individual shall be housed in a local 30 correctional facility or series of local correctional facilities pursu- 31 ant to a contract under subdivision one of this section for a period 32 exceeding six months. 33 § 147. Subdivisions (c), (d) and (e) of section 102 of the correction 34 law, as added by chapter 400 of the laws of 1984, are amended to read as 35 follows: 36 (c) "Receiving state" means a state party to this compact to which an 37 [inmate] incarcerated individual is sent for confinement other than a 38 state in which conviction or court commitment was had. 39 (d) "[Inmate] Incarcerated individual" means a male or female offender 40 who is committed, under sentence to or confined in a penal or correc- 41 tional institution. 42 (e) "Institution" means any penal or correctional facility, including 43 but not limited to a facility for the mentally ill or mentally defec- 44 tive, in which [inmates] incarcerated individuals as defined in subdivi- 45 sion (d) [hereof] of this section may lawfully be confined. 46 § 148. Subdivision (a) of section 103 of the correction law, as added 47 by chapter 400 of the laws of 1984, is amended to read as follows: 48 (a) Each party state may make one or more contracts with any one or 49 more of the other party states for the confinement of [inmates] incar- 50 cerated individuals on behalf of a sending state in institutions situ- 51 ated within receiving states. Any such contract shall provide for: 52 1. Its duration. 53 2. Payments to be made to the receiving state by the sending state for 54 [inmate] incarcerated individual maintenance, extraordinary medical and 55 dental expenses, and any participation in or receipt by [inmates] incar- 56 cerated individuals of rehabilitative or correctional services, facili-A. 7866 80 1 ties, programs or treatment not reasonably included as part of normal 2 maintenance. 3 3. Participation in programs of [inmate] incarcerated individual 4 employment, if any; the disposition or crediting of any payments 5 received by [inmates] incarcerated individuals on account thereof; and 6 the crediting of proceeds from or disposal of any products resulting 7 therefrom. 8 4. Delivery and retaking of [inmates] incarcerated individuals. 9 5. Such other matters as may be necessary and appropriate to fix the 10 obligations, responsibilities and rights of the sending and receiving 11 states. 12 § 149. Section 104 of the correction law, as added by chapter 400 of 13 the laws of 1984, is amended to read as follows: 14 § 104. Procedures and rights. (a) Whenever the duly constituted 15 authorities in a state party to this compact, and which has entered into 16 a contract pursuant to section one hundred three of this article, shall 17 decide that confinement in, or transfer of an [inmate] incarcerated 18 individual to, an institution within the territory of another party 19 state is necessary or desirable in order to provide adequate quarters 20 and care or an appropriate program of rehabilitation or treatment, said 21 officials may direct that the confinement be within an institution with- 22 in the territory of said other party state, the receiving state to act 23 in that regard solely as agent for the sending state. 24 (b) The appropriate officials of any state party to this compact shall 25 have access, at all reasonable times, to any institution in which it has 26 a contractual right to confine [inmates] incarcerated individuals for 27 the purpose of inspecting the facilities thereof and visiting such of 28 its [inmates] incarcerated individuals as may be confined in the insti- 29 tution. 30 (c) [Inmates] Incarcerated individuals confined in an institution 31 pursuant to the terms of this compact shall at all times be subject to 32 the jurisdiction of the sending state and may at any time be removed 33 therefrom for transfer to a prison or other institution within the send- 34 ing state, for transfer to another institution in which the sending 35 state may have a contractual or other right to confine [inmates] incar- 36 cerated individuals, for release on probation or parole, for discharge, 37 or for any other purpose permitted by the laws of the sending state; 38 provide that the sending state shall continue to be obligated to such 39 payments as may be required pursuant to the terms of any contract 40 entered into under the terms contained in section one hundred three of 41 this article. 42 (d) Each receiving state shall provide regular reports to each sending 43 state on the [inmates] incarcerated individuals of that sending state in 44 institutions pursuant to this compact including a conduct record of each 45 [inmate] incarcerated individual and certify said record to the official 46 designated by the sending state, in order that each [inmate] incarcerat- 47 ed individual may have official review of his or her record in determin- 48 ing and altering the disposition of said [inmate] incarcerated individ- 49 ual in accordance with the law which may obtain in the sending state and 50 in order that the same may be a source of information for the sending 51 state. 52 (e) All [inmates] incarcerated individuals who may be confined in an 53 institution pursuant to the provisions of this compact shall be treated 54 in a reasonable and humane manner and shall be treated equally with such 55 similar [inmates] incarcerated individuals of the receiving state as may 56 be confined in the same institution. The fact of confinement in aA. 7866 81 1 receiving state shall not deprive any [inmate] incarcerated individual 2 so confined of any legal rights which said [inmate] incarcerated indi- 3 vidual would have had if confined in an appropriate institution of the 4 sending state. 5 (f) Any hearing or hearings to which an [inmate] incarcerated individ- 6 ual confined pursuant to this compact may be entitled by the laws of the 7 sending state may be had before the appropriate authorities of the send- 8 ing state, or of the receiving state if authorized by the sending state. 9 The receiving state shall provide adequate facilities for such hearings 10 as may be conducted by the appropriate officials of a sending state. In 11 the event such hearing or hearings are had before officials of the 12 receiving state, the governing law shall be that of the sending state 13 and a record of the hearing or hearings as prescribed by the sending 14 state shall be made. Said record together with any recommendations of 15 the hearing officials shall be transmitted forthwith to the official or 16 officials before whom the hearing would have been had if it had taken 17 place in the sending state. In any and all proceedings had pursuant to 18 the provisions of this subdivision, the officials of the receiving state 19 shall act solely as agents of the sending state and no final determi- 20 nation shall be made in any matter except by the appropriate officials 21 of the sending state. 22 (g) Any [inmate] incarcerated individual confined pursuant to this 23 compact shall be released within the territory of the sending state 24 unless the [inmate] incarcerated individual, and the sending and receiv- 25 ing states, shall agree upon release in some other place. The sending 26 state shall bear the cost of such return to its territory. 27 (h) Any [inmate] incarcerated individual confined pursuant to the 28 terms of this compact shall have any and all rights to participate in 29 and derive any benefits or incur or be relieved of any obligations or 30 have such obligations modified or his or her status changed on account 31 of any action or proceeding in which he or she could have participated 32 if confined in any appropriate institution of the sending state located 33 within such state. 34 (i) The parent, guardian, trustee, or other person or persons entitled 35 under the laws of the sending state to act for, advise, or otherwise 36 function with respect to any [inmate] incarcerated individual shall not 37 be deprived of or restricted in his or her exercise of any power in 38 respect to any [inmate] incarcerated individual confined pursuant to the 39 terms of this compact. 40 § 150. Section 105 of the correction law, as added by chapter 400 of 41 the laws of 1984, is amended to read as follows: 42 § 105. Acts not reviewable in receiving state; extradition. (a) Any 43 decision of the sending state in respect to any matter over which it 44 retains jurisdiction pursuant to this compact shall be conclusive upon 45 and not reviewable within the receiving state, but if at the time the 46 sending state seeks to remove an [inmate] incarcerated individual from 47 an institution in the receiving state there is pending against the 48 [inmate] incarcerated individual within such state any criminal charge 49 or if the [inmate] incarcerated individual is formally accused of having 50 committed within such state a criminal offense, the [inmate] incarcerat- 51 ed individual shall not be returned without the consent of the receiving 52 state until discharged from prosecution or other form of proceeding, 53 imprisonment or detention for such offense. The duly accredited officers 54 of the sending state shall be permitted to transport [inmates] incarcer- 55 ated individuals pursuant to this compact through any and all states 56 party to this compact without interference.A. 7866 82 1 (b) Any [inmate] incarcerated individual who escapes from an institu- 2 tion in which he or she is confined pursuant to this compact shall be 3 deemed a fugitive from the sending state and from the state in which the 4 institution is situated. In the case of any escape to a jurisdiction 5 other than the sending or receiving state, the responsibility for insti- 6 tution of extradition or rendition proceedings shall be that of the 7 sending state, but nothing contained herein shall be construed to 8 prevent or affect the activities of officers and agencies of any juris- 9 diction directed toward the apprehension and return of the escapee. 10 § 151. Section 106 of the correction law, as added by chapter 400 of 11 the laws of 1984, is amended to read as follows: 12 § 106. Federal aid. Any state party to this compact may accept federal 13 aid for use in connection with any institution or program, the use of 14 which is or may be affected by this compact or any contract pursuant 15 hereto and any [inmate] incarcerated individual in a receiving state 16 pursuant to this compact may participate in any such federally aided 17 program or activity for which the sending and receiving states have made 18 contractual provision, provided that if such program or activity is not 19 part of the customary correctional regimen, the express consent of the 20 appropriate official of the sending state shall be required therefor. 21 § 152. Section 108 of the correction law, as added by chapter 400 of 22 the laws of 1984, is amended to read as follows: 23 § 108. Withdrawal and termination. This compact shall continue in 24 force and remain binding upon a party state until it shall have enacted 25 a statute repealing the same and providing for the sending of formal 26 written notice of withdrawal from the compact to the appropriate offi- 27 cials of all other party states. An actual withdrawal shall not take 28 effect until one year after the notices provided in said statute have 29 been sent. Such withdrawal shall not relieve the withdrawing state from 30 its obligations assumed hereunder prior to the effective date of with- 31 drawal. Before the effective date of withdrawal, a withdrawing state 32 shall remove to its territory, at its own expense, such [inmates] incar- 33 cerated individuals as it may have confined pursuant to the provisions 34 of this compact. 35 § 153. Subdivision (a) of section 109 of the correction law, as added 36 by chapter 400 of the laws of 1984, is amended to read as follows: 37 (a) Nothing contained in this compact shall be construed to abrogate 38 or impair any agreement or other arrangement which a party state may 39 have with a nonparty state for the confinement, rehabilitation or treat- 40 ment of [inmates] incarcerated individuals nor to repeal any other laws 41 of a party state authorizing the making of cooperative institutional 42 arrangements. 43 § 154. Subdivisions 1, 2 and 4 of section 112 of the correction law, 44 subdivisions 1 and 2 as amended and subdivision 4 as added by section 19 45 of subpart A of part C of chapter 62 of the laws of 2011, are amended to 46 read as follows: 47 1. The commissioner of corrections and community supervision shall 48 have the superintendence, management and control of the correctional 49 facilities in the department and of the [inmates] incarcerated individ- 50 uals confined therein, and of all matters relating to the government, 51 discipline, policing, contracts and fiscal concerns thereof. He or she 52 shall have the power and it shall be his or her duty to inquire into all 53 matters connected with said correctional facilities. He or she shall 54 make such rules and regulations, not in conflict with the statutes of 55 this state, for the government of the officers and other employees of 56 the department assigned to said facilities, and in regard to the dutiesA. 7866 83 1 to be performed by them, and for the government and discipline of each 2 correctional facility, as he or she may deem proper, and shall cause 3 such rules and regulations to be recorded by the superintendent of the 4 facility, and a copy thereof to be furnished to each employee assigned 5 to the facility. He or she shall also prescribe a system of accounts and 6 records to be kept at each correctional facility, which system shall be 7 uniform at all of said facilities, and he or she shall also make rules 8 and regulations for a record of photographs and other means of identify- 9 ing each [inmate] incarcerated individual received into said facilities. 10 He or she shall appoint and remove, subject to the civil service law 11 [and rules], subordinate officers and other employees of the department 12 who are assigned to correctional facilities. 13 2. The commissioner shall have the management and control of persons 14 released on community supervision and of all matters relating to such 15 persons' effective reentry into the community, as well as all contracts 16 and fiscal concerns thereof. The commissioner shall have the power and 17 it shall be his or her duty to inquire into all matters connected with 18 said community supervision. The commissioner shall make such rules and 19 regulations, not in conflict with the statutes of this state, for the 20 governance of the officers and other employees of the department 21 assigned to said community supervision, and in regard to the duties to 22 be performed by them, as he or she deems proper and shall cause such 23 rules and regulations to be furnished to each employee assigned to 24 perform community supervision. The commissioner shall also prescribe a 25 system of accounts and records to be kept, which shall be uniform. The 26 commissioner shall also make rules and regulations for a record of 27 photographs and other means of identifying each [inmate] incarcerated 28 individual released to community supervision. The commissioner shall 29 appoint officers and other employees of the department who are assigned 30 to perform community supervision. 31 4. The commissioner and the chair of the parole board shall work 32 jointly to develop and implement, as soon as practicable, a risk and 33 needs assessment instrument or instruments, which shall be empirically 34 validated, that would be administered to [inmates] incarcerated individ- 35 uals upon reception into a correctional facility, and throughout their 36 incarceration and release to community supervision, to facilitate appro- 37 priate programming both during an [inmate's] incarcerated individual's 38 incarceration and community supervision, and designed to facilitate the 39 successful integration of [inmates] incarcerated individuals into the 40 community. 41 § 155. Section 113 of the correction law, as amended by section 20 of 42 subpart A of part C of chapter 62 of the laws of 2011, is amended to 43 read as follows: 44 § 113. Absence of [inmate] incarcerated individual for funeral and 45 deathbed visits authorized. The commissioner may permit any [inmate] 46 incarcerated individual confined by the department except one awaiting 47 the sentence of death to attend the funeral of his or her father, moth- 48 er, guardian or former guardian, child, brother, sister, husband, wife, 49 grandparent, grandchild, ancestral uncle or ancestral aunt within the 50 state, or to visit such individual during his or her illness if death be 51 imminent; but the exercise of such power shall be subject to such rules 52 and regulations as the commissioner shall prescribe, respecting the 53 granting of such permission, duration of absence from the institution, 54 custody, transportation and care of the [inmate] incarcerated 55 individual, and guarding against escape. Any expense incurred under the 56 provisions of this section, with respect to any [inmate] incarceratedA. 7866 84 1 individual permitted to attend a funeral or visit a relative during last 2 illness, shall be deemed an expense of maintenance of the institution 3 and be paid from moneys available therefor; but the superintendent, if 4 the rules and regulations of the commissioner shall so provide, may 5 allow the [inmate] incarcerated individual or anyone in his or her 6 behalf to reimburse the state for such expense. 7 § 156. Section 114 of the correction law, as added by chapter 372 of 8 the laws of 2018, is amended to read as follows: 9 § 114. Rehabilitation programs for women; to be commensurate to those 10 afforded men. It shall be the duty of the commissioner to assure an 11 array of rehabilitation programs are provided among the correctional 12 facilities in which female [inmates] incarcerated individuals are 13 confined, within the appropriations made therefor, including but not 14 limited to vocational, academic and industrial programs, which are 15 comparable to the programs provided to male [inmates] incarcerated indi- 16 viduals during the course of their incarceration. 17 § 157. Section 116 of the correction law, as amended by section 14 of 18 subpart B of part C of chapter 62 of the laws of 2011, is amended to 19 read as follows: 20 § 116. [Inmates'] incarcerated individuals' funds. The warden or 21 superintendent of each of the institutions within the jurisdiction of 22 the department of corrections and community supervision shall deposit at 23 least once in each week to his or her credit as such warden, or super- 24 intendent, in such bank or banks as may be designated by the comp- 25 troller, all the moneys received by him or her as such warden, or super- 26 intendent, as [inmates'] incarcerated individuals' funds, and send to 27 the comptroller and also to the commissioner monthly, a statement show- 28 ing the amount so received and deposited. Such statement of deposits 29 shall be certified by the proper officer of the bank receiving such 30 deposit or deposits. The warden, or superintendent, shall also verify by 31 his or her affidavit that the sum so deposited is all the money received 32 by him or her as [inmates'] incarcerated individuals' funds during the 33 month. Any bank in which such deposits shall be made shall, before 34 receiving any such deposits, file a bond with the comptroller of the 35 state, subject to his or her approval, for such sum as he or she shall 36 deem necessary. Upon a certificate of approval issued by the director 37 of the budget, pursuant to the provisions of section fifty-three of the 38 state finance law, the amount of interest, if any, heretofore accrued 39 and hereafter to accrue on moneys so deposited, heretofore and hereafter 40 credited to the warden, or superintendent, by the bank from time to 41 time, shall be available for expenditure by the warden, or superinten- 42 dent, subject to the direction of the commissioner, for welfare work 43 among the [inmates] incarcerated individuals in his or her custody. The 44 withdrawal of moneys so deposited by such warden, or superintendent, as 45 [inmates'] incarcerated individuals' funds, including any interest so 46 credited, shall be subject to his or her check. Each warden, or super- 47 intendent, shall each month provide the comptroller and also the commis- 48 sioner with a record of all withdrawals from [inmates'] incarcerated 49 individuals' funds. As used in this section, the term "[inmates'] incar- 50 cerated individuals' funds" means the funds in the possession of the 51 [inmate] incarcerated individual at the time of his or her admission 52 into the institution, funds earned by him or her as provided in section 53 one hundred eighty-seven of this chapter and any other funds received by 54 him or her or on his or her behalf and deposited with such warden or 55 superintendent in accordance with the rules and regulations of the 56 commissioner. Whenever the total unencumbered value of funds in anA. 7866 85 1 [inmate's] incarcerated individual's account exceeds ten thousand 2 dollars, the superintendent shall give written notice to the office of 3 victim services. 4 § 158. Section 119 of the correction law, as amended by chapter 476 of 5 the laws of 1970, is amended to read as follows: 6 § 119. Daily report concerning [inmates] incarcerated individuals. 7 The superintendent of each correctional facility shall make a daily 8 report to the commissioner of correction, stating the names of all 9 [inmates] incarcerated individuals received into the facility during the 10 preceding day, the counties in which they were tried, the crimes of 11 which they were convicted, the nature and duration of their sentences, 12 their former trade, employment or occupation, their habits, color, age, 13 place of nativity, degree of instruction, and a description of their 14 persons, and also stating whether any such [inmates] incarcerated indi- 15 viduals have ever been confined in any state or county correctional 16 institution, and if so, stating the offense for which they were 17 confined, and the duration of their punishment, and also stating in such 18 report the names of all the [inmates] incarcerated individuals trans- 19 ferred or released to the community or delivered to other governmental 20 authority on the preceding day, and all other particulars in relation to 21 such persons that are required to be stated in relation to the [inmates] 22 incarcerated individuals received in the facility. 23 § 159. Subdivision 2 of section 120 of the correction law, as amended 24 by section 15 of subpart B of part C of chapter 62 of the laws of 2011, 25 is amended to read as follows: 26 2. Nothing in this section shall limit in any way the authority of the 27 commissioner, or any county or the city of New York, to enter into any 28 contract authorized by subdivision eighteen of section two, section 29 seventy-two-a, section seventy-three, section ninety-five, article 30 five-A or article twenty-six of this chapter, or to limit the responsi- 31 bility of the department of corrections and community supervision to 32 supervise [inmates] incarcerated individuals or persons released to 33 community supervision while away from an institution pursuant to section 34 seventy-two-a, section seventy-three or article twenty-six of this chap- 35 ter or while confined at a drug treatment campus as defined in subdivi- 36 sion twenty of section two of this chapter. 37 § 160. Section 121 of the correction law, as added by chapter 202 of 38 the laws of 2007, is amended to read as follows: 39 § 121. Private ownership or operation of correctional facilities. 40 Except as otherwise provided in subdivisions two, three and four of 41 section one hundred twenty of this article or in federal law, the 42 private operation or management of a correctional facility as defined in 43 subdivision four of section two of this chapter or a local correctional 44 facility, as defined in subdivision sixteen of section two of this chap- 45 ter, the private ownership or operation of a facility for housing state 46 or local [inmates] incarcerated individuals or the private ownership or 47 operation of a facility for the incarceration of other state's [inmates] 48 incarcerated individuals is prohibited. 49 § 161. Section 125 of the correction law, as amended by chapter 476 of 50 the laws of 1970, subdivision 2 as amended by section 21 of subpart A of 51 part C of chapter 62 of the laws of 2011, and subdivision 3 as amended 52 by chapter 55 of the laws of 1992, is amended to read as follows: 53 § 125. [Inmates'] Incarcerated individuals' money, clothing and other 54 property; what to be furnished them on their release. 1. The superinten- 55 dent, or an employee covered by bond who is designated by the super- 56 intendent, of each correctional facility shall take charge of all moneysA. 7866 86 1 and other articles which may be brought to the facility by the [inmates] 2 incarcerated individuals, and shall cause the same, immediately upon the 3 receipt thereof, to be entered among the receipts of the facility; which 4 money and other articles, whenever the [inmate] incarcerated individual 5 from whom the same was received shall be discharged from the custody of 6 the department, or the same shall be otherwise legally demanded, shall 7 be returned by the said superintendent to such [inmate] incarcerated 8 individual or other person legally entitled to the same, and vouchers 9 shall be taken therefor. The commissioner shall promulgate rules and 10 regulations concerning the custody and transfer of such money and other 11 articles in cases where [inmates] incarcerated individuals are trans- 12 ferred from one facility to another. 13 2. The superintendent of each of said facilities shall furnish to each 14 [inmate] incarcerated individual who shall be discharged or released 15 from said facility by pardon, parole, conditional release or otherwise, 16 except such [inmates] incarcerated individuals as are released for 17 return for resentence or new trial or upon a certificate of reasonable 18 doubt, and except such [inmates] incarcerated individuals who are 19 released to participate in a program outside the facility who are 20 required to return to the facility, suitable clothing adapted to the 21 season in which he or she is discharged not to exceed sixty-five dollars 22 in value and transportation to the county of his or her conviction or to 23 such other place as the commissioner may designate. In addition, the 24 commissioner shall take such steps as are necessary to ensure that 25 [inmates] incarcerated individuals have at least forty dollars available 26 upon release. 27 3. In any case where an [inmate] incarcerated individual is not enti- 28 tled to receive clothing and transportation under subdivision two of 29 this section, the superintendent, in his or her discretion, but subject 30 to the rules of the department, may furnish an [inmate] incarcerated 31 individual who is released from a facility with clothing or transporta- 32 tion not in excess of the value for each item specified in subdivision 33 two of this section. 34 § 162. Section 130 of the correction law, as amended by chapter 476 of 35 the laws of 1970, is amended to read as follows: 36 § 130. Custody of [inmate] incarcerated individual sentenced to death 37 and commuted by governor. The commissioner shall designate appropriate 38 correctional facilities to receive, on the order of the governor, any 39 person convicted of any crime punishable by death, or who shall be 40 pardoned, on condition of being confined either for life or a term of 41 years in a correctional facility, and such person shall be confined 42 according to the terms of such condition. 43 § 163. Section 132 of the correction law, as amended by chapter 843 of 44 the laws of 1980, is amended to read as follows: 45 § 132. Retaking of an escaped [inmate] incarcerated individual. If an 46 [inmate] incarcerated individual escapes from a correctional facility, 47 he or she may be arrested and returned by the superintendent or by an 48 officer or employee of the department or by any peace officer, acting 49 pursuant to his or her special duties, or police officer without a 50 warrant; or a magistrate may cause such escaped [inmate] incarcerated 51 individual to be arrested and held in custody until he or she can be 52 removed to a correctional facility, as in the case of a commitment. 53 Rewards for the taking of such escaped [inmates] incarcerated individ- 54 uals may be provided for by the rules of the department. 55 § 164. Section 133 of the correction law, as amended by chapter 550 of 56 the laws of 1978, is amended to read as follows:A. 7866 87 1 § 133. Superintendent to report concerning [inmate] incarcerated indi- 2 vidual believed mentally ill when crime was committed. Whenever the 3 superintendent of a correctional facility shall have reason to believe 4 that any [inmate] incarcerated individual in the facility was mentally 5 ill at the time he or she committed the offense for which he or she was 6 sentenced, such superintendent shall communicate in writing to the 7 commissioner of correction his or her reason for such opinion, and shall 8 refer the commissioner of correction to all the sources of information 9 with which he or she may be acquainted in relation to the mental illness 10 of such [inmate] incarcerated individual. The commissioner of correction 11 shall then transmit such opinion and information to the governor with 12 his or her recommendations thereon. 13 § 165. Section 136 of the correction law, as amended by chapter 431 of 14 the laws of 2015, is amended to read as follows: 15 § 136. Correctional education. 1. The objective of correctional educa- 16 tion in its broadest sense should be the socialization of the [inmates] 17 incarcerated individuals through varied impressional and expressional 18 activities, with emphasis on individual [inmate] incarcerated individual 19 needs. The objective of this program shall be the return of these 20 [inmates] incarcerated individuals to society with a more wholesome 21 attitude toward living, with a desire to conduct themselves as good 22 citizens, and with the skill and knowledge which will give them a 23 reasonable chance to maintain themselves and their dependents through 24 honest labor. To this end each [inmate] incarcerated individual shall be 25 given a program of education which, on the basis of available data, 26 seems most likely to further the process of socialization and rehabili- 27 tation. Provided that, the commissioner, in consultation with the 28 commissioner of education, shall develop a curricula for and require 29 provision of an education program to all [inmates] incarcerated individ- 30 ual, on a periodic basis, on the consequences and prevention of shaken 31 baby syndrome which may include the viewing of a video presentation 32 thereon. The time daily devoted to such education shall be such as is 33 required for meeting the above objectives. The director of education, 34 subject to the direction of the commissioner and after consultation with 35 the commissioner of education, shall develop the curricula and the 36 education programs that are required to meet the special needs of each 37 correctional facility in the department. The commissioner of education, 38 in cooperation with the commissioner and the director of education, 39 shall set up the educational requirements for the certification of 40 teachers in all such correctional facilities. Such educational require- 41 ments shall be sufficiently broad and comprehensive to include training 42 in penology, sociology, psychology, philosophy, in the special subjects 43 to be taught, and in any other professional courses as may be deemed 44 necessary by the responsible officers, and shall include training relat- 45 ing to the consequences and prevention of shaken baby syndrome which may 46 include the viewing of a video presentation thereon. No certificates for 47 teaching service in the state institutions shall be issued unless a 48 minimum of four years of training beyond the high school has been 49 secured, or an acceptable equivalent. Existing requirements for the 50 certification of teachers in the institutions shall continue in force 51 until changed pursuant to the provisions of this section. 52 2. All [inmates] incarcerated individuals admitted to the department 53 serving a determinate term of imprisonment, or an indeterminate sentence 54 of imprisonment other than a sentence of life imprisonment without 55 parole, who have been evaluated upon admission pursuant to subdivision 56 one of section one hundred thirty-seven of this article and are deter-A. 7866 88 1 mined to be capable of successfully completing the academic course work 2 required for the test assessing secondary completion, shall be provided 3 with the opportunity to complete such course work at least two months 4 prior to the date on which such [inmate] incarcerated individual may be 5 paroled, conditionally released, released to post-release supervision 6 pursuant to section 70.40 of the penal law, or presumptively released, 7 pursuant to section eight hundred three of this chapter. Upon admission 8 to the department, such [inmates] incarcerated individuals will be 9 provided with written notice that the test assessing secondary 10 completion programs are available for all [inmates] incarcerated indi- 11 viduals who so apply. 12 3. The department shall ensure that academic education programs which 13 provide the appropriate curriculum and certified academic staff for the 14 test assessing secondary completion instruction are available at all 15 correctional facilities housing [inmates] incarcerated individuals who 16 are eligible as specified in subdivision two of this section. The 17 department shall provide academic staff who are qualified to provide 18 such instruction and who are members of the competitive class of the 19 civil service of New York state. The department shall develop a plan for 20 implementation of the test assessing secondary completion requirement 21 which shall be presented to the assembly standing committee on 22 correction and the senate standing committee on crime victims, crime and 23 correction on or before April first, two thousand nineteen. 24 § 166. Section 137 of the correction law, as added by section 476 of 25 the laws of 1970, subdivision 1 as amended by chapter 476 of the laws of 26 2017, subdivision 6 as amended by chapter 490 of the laws of 1974, the 27 opening paragraph and paragraph (f) of subdivision 6 as amended and 28 paragraphs (d) and (e) of subdivision b as added by chapter 1 of the 29 laws of 2008, is amended to read as follows: 30 § 137. Program of treatment, control, discipline at correctional 31 facilities. 1. The commissioner shall establish program and classifica- 32 tion procedures designed to assure the complete study of the background 33 and condition of each [inmate] incarcerated individual in the care or 34 custody of the department and the assignment of such [inmate] incarcer- 35 ated individual to a program that is most likely to be useful in assist- 36 ing him or her to refrain from future violations of the law. Such proce- 37 dures shall be incorporated into the rules and regulations of the 38 department and shall require among other things: consideration of the 39 physical, mental and emotional condition of the [inmate]incarcerated 40 individual; consideration of his or her educational and vocational 41 needs; enrollment of each [inmate] incarcerated individual in assigned 42 programs as soon as practicable; consideration of the danger he or she 43 presents to the community or to other [inmates] incarcerated 44 individuals; the recording of continuous case histories including 45 notations as to apparent success or failure of treatment employed; and 46 periodic review of case histories and treatment methods used. 47 2. The commissioner shall provide for such measures as he or she may 48 deem necessary or appropriate for the safety, security and control of 49 correctional facilities and the maintenance of order therein. 50 3. Each [inmate] incarcerated individual shall be entitled to clothing 51 suited to the season and weather conditions and to a sufficient quantity 52 of wholesome and nutritious food. To the extent practicable, the cloth- 53 ing and bedding of [inmates] incarcerated individuals shall be manufac- 54 tured and laundered in institutions in the department. 55 4. Whenever there shall be a sufficient number of cells or rooms in a 56 correctional facility, each [inmate] incarcerated individual shall beA. 7866 89 1 given sleeping accommodations in a separate cell or room, provided, 2 however, that nothing herein contained shall be construed so as to limit 3 the right of the department to utilize dormitory-type accommodations 4 where necessary or where appropriate to a program of treatment. 5 5. No [inmate] incarcerated individual in the care or custody of the 6 department shall be subjected to degrading treatment, and no officer or 7 other employee of the department shall inflict any blows whatever upon 8 any [inmate] incarcerated individual, unless in self defense, or to 9 suppress a revolt or insurrection. When any [inmate] incarcerated indi- 10 vidual, or group of [inmates] incarcerated individuals, shall offer 11 violence to any person, or do or attempt to do any injury to property, 12 or attempt to escape, or resist or disobey any lawful direction, the 13 officers and employees shall use all suitable means to defend them- 14 selves, to maintain order, to enforce observation of discipline, to 15 secure the persons of the offenders and to prevent any such attempt or 16 escape. 17 6. Except as provided in paragraphs (d) and (e) of this subdivision, 18 the superintendent of a correctional facility may keep any [inmate] 19 incarcerated individual confined in a cell or room, apart from the 20 accommodations provided for [inmates] incarcerated individuals who are 21 participating in programs of the facility, for such period as may be 22 necessary for maintenance of order or discipline, but in any such case 23 the following conditions shall be observed: 24 (a) The [inmate] incarcerated individual shall be supplied with a 25 sufficient quantity of wholesome and nutritious food, provided, however, 26 that such food need not be the same as the food supplied to [inmates] 27 incarcerated individuals who are participating in programs of the facil- 28 ity; 29 (b) Adequate sanitary and other conditions required for the health of 30 the [inmate] incarcerated individual shall be maintained; 31 (c) Where such confinement is for a period in excess of twenty-four 32 hours, the superintendent shall arrange for the facility health services 33 director, or a registered nurse or physician's associate approved by the 34 facility health services director to visit such [inmate] incarcerated 35 individual at the expiration of twenty-four hours and at least once in 36 every twenty-four hour period thereafter, during the period of such 37 confinement, to examine into the state of health of the [inmate] incar- 38 cerated individual, and the superintendent shall give full consideration 39 to any recommendation that may be made by the facility health services 40 director for measures with respect to dietary needs or conditions of 41 confinement of such [inmate] incarcerated individual required to main- 42 tain the health of such [inmate] incarcerated individual; and 43 (d) (i) Except as set forth in clause (E) of subparagraph (ii) of this 44 paragraph, the department, in consultation with mental health clini- 45 cians, shall divert or remove [inmates] incarcerated individuals with 46 serious mental illness, as defined in paragraph (e) of this subdivision, 47 from segregated confinement, where such confinement could potentially be 48 for a period in excess of thirty days, to a residential mental health 49 treatment unit. Nothing in this paragraph shall be deemed to prevent 50 the disciplinary process from proceeding in accordance with department 51 rules and regulations for disciplinary hearings. 52 (ii) (A) Upon placement of an [inmate] incarcerated individual into 53 segregated confinement at a level one or level two facility, a suicide 54 prevention screening instrument shall be administered by staff from the 55 department or the office of mental health who has been trained for that 56 purpose. If such a screening instrument reveals that the [inmate] incar-A. 7866 90 1 cerated individual is at risk of suicide, a mental health clinician 2 shall be consulted and appropriate safety precautions shall be taken. 3 Additionally, within one business day of the placement of such an 4 [inmate] incarcerated individual into segregated confinement at a level 5 one or level two facility, the [inmate] incarcerated individual shall be 6 assessed by a mental health clinician. 7 (B) Upon placement of an [inmate] incarcerated individual into segre- 8 gated confinement at a level three or level four facility, a suicide 9 prevention screening instrument shall be administered by staff from the 10 department or the office of mental health who has been trained for that 11 purpose. If such a screening instrument reveals that the [inmate] incar- 12 cerated individual is at risk of suicide, a mental health clinician 13 shall be consulted and appropriate safety precautions shall be taken. 14 All [inmates] incarcerated individuals placed in segregated confinement 15 at a level three or level four facility shall be assessed by a mental 16 health clinician, within fourteen days of such placement into segregated 17 confinement. 18 (C) At the initial assessment, if the mental health clinician finds 19 that an [inmate] incarcerated individual suffers from a serious mental 20 illness, a recommendation shall be made whether exceptional circum- 21 stances, as described in clause (E) of this subparagraph, exist. In a 22 facility with a joint case management committee, such recommendation 23 shall be made by such committee. In a facility without a joint case 24 management committee, the recommendation shall be made jointly by a 25 committee consisting of the facility's highest ranking mental health 26 clinician, the deputy superintendent for security, and the deputy super- 27 intendent for program services, or their equivalents. Any such recommen- 28 dation shall be reviewed by the joint central office review committee. 29 The administrative process described in this clause shall be completed 30 within fourteen days of the initial assessment, and if the result of 31 such process is that the [inmate] incarcerated individual should be 32 removed from segregated confinement, such removal shall occur as soon as 33 practicable, but in no event more than seventy-two hours from the 34 completion of the administrative process. 35 (D) If an [inmate] incarcerated individual with a serious mental 36 illness is not diverted or removed to a residential mental health treat- 37 ment unit, such [inmate] incarcerated individual shall be reassessed by 38 a mental health clinician within fourteen days of the initial assessment 39 and at least once every fourteen days thereafter. After each such addi- 40 tional assessment, a recommendation as to whether such [inmate] incar- 41 cerated individual should be removed from segregated confinement shall 42 be made and reviewed according to the process set forth in clause (C) of 43 this subparagraph. 44 (E) A recommendation or determination whether to remove an [inmate] 45 incarcerated individual from segregated confinement shall take into 46 account the assessing mental health clinicians' opinions as to the 47 [inmate's] incarcerated individual's mental condition and treatment 48 needs, and shall also take into account any safety and security concerns 49 that would be posed by the [inmate's] incarcerated individual's removal, 50 even if additional restrictions were placed on the [inmate's] incarcer- 51 ated individual's access to treatment, property, services or privileges 52 in a residential mental health treatment unit. A recommendation or 53 determination shall direct the [inmate's] incarcerated individual's 54 removal from segregated confinement except in the following exceptional 55 circumstances: (1) when the reviewer finds that removal would pose a 56 substantial risk to the safety of the [inmate] incarcerated individualA. 7866 91 1 or other persons, or a substantial threat to the security of the facili- 2 ty, even if additional restrictions were placed on the [inmate's] incar- 3 cerated individual's access to treatment, property, services or privi- 4 leges in a residential mental health treatment unit; or (2) when the 5 assessing mental health clinician determines that such placement is in 6 the [inmate's] incarcerated individual's best interests based on his or 7 her mental condition and that removing such [inmate] incarcerated indi- 8 vidual to a residential mental health treatment unit would be detri- 9 mental to his or her mental condition. Any determination not to remove 10 an [inmate] incarcerated individual with serious mental illness from 11 segregated confinement shall be documented in writing and include the 12 reasons for the determination. 13 (iii) [Inmates] Incarcerated individuals with serious mental illness 14 who are not diverted or removed from segregated confinement shall be 15 offered a heightened level of care, involving a minimum of two hours 16 each day, five days a week, of out-of-cell therapeutic treatment and 17 programming. This heightened level of care shall not be offered only in 18 the following circumstances: 19 (A) The heightened level of care shall not apply when an [inmate] 20 incarcerated individual with serious mental illness does not, in the 21 reasonable judgment of a mental health clinician, require the heightened 22 level of care. Such determination shall be documented with a written 23 statement of the basis of such determination and shall be reviewed by 24 the Central New York Psychiatric Center clinical director or his or her 25 designee. Such a determination is subject to change should the 26 [inmate's] incarcerated individual's clinical status change. Such deter- 27 mination shall be reviewed and documented by a mental health clinician 28 every thirty days, and in consultation with the Central New York Psychi- 29 atric Center clinical director or his or her designee not less than 30 every ninety days. 31 (B) The heightened level of care shall not apply in exceptional 32 circumstances when providing such care would create an unacceptable risk 33 to the safety and security of [inmates] incarcerated individuals or 34 staff. Such determination shall be documented by security personnel 35 together with the basis of such determination and shall be reviewed by 36 the facility superintendent, in consultation with a mental health clini- 37 cian, not less than every seven days for as long as the [inmate] incar- 38 cerated individual remains in segregated confinement. The facility shall 39 attempt to resolve such exceptional circumstances so that the heightened 40 level of care may be provided. If such exceptional circumstances remain 41 unresolved for thirty days, the matter shall be referred to the joint 42 central office review committee for review. 43 (iv) [Inmates] Incarcerated individuals with serious mental illness 44 who are not diverted or removed from segregated confinement shall not be 45 placed on a restricted diet, unless there has been a written determi- 46 nation that the restricted diet is necessary for reasons of safety and 47 security. If a restricted diet is imposed, it shall be limited to seven 48 days, except in the exceptional circumstances where the joint case 49 management committee determines that limiting the restricted diet to 50 seven days would pose an unacceptable risk to the safety and security of 51 [inmates] incarcerated individuals or staff. In such case, the need for 52 a restricted diet shall be reassessed by the joint case management 53 committee every seven days. 54 (v) All [inmates] incarcerated individuals in segregated confinement 55 in a level one or level two facility who are not assessed with a serious 56 mental illness at the initial assessment shall be offered at least oneA. 7866 92 1 interview with a mental health clinician within fourteen days of their 2 initial mental health assessment, and additional interviews at least 3 every thirty days thereafter, unless the mental health clinician at the 4 most recent interview recommends an earlier interview or assessment. All 5 [inmates] incarcerated individuals in segregated confinement in a level 6 three or level four facility who are not assessed with a serious mental 7 illness at the initial assessment shall be offered at least one inter- 8 view with a mental health clinician within thirty days of their initial 9 mental health assessment, and additional interviews at least every nine- 10 ty days thereafter, unless the mental health clinician at the most 11 recent interview recommends an earlier interview or assessment. 12 (e) An [inmate] incarcerated individual has a serious mental illness 13 when he or she has been determined by a mental health clinician to meet 14 at least one of the following criteria: 15 (i) he or she has a current diagnosis of, or is diagnosed at the 16 initial or any subsequent assessment conducted during the [inmate's] 17 incarcerated individual's segregated confinement with, one or more of 18 the following types of Axis I diagnoses, as described in the most recent 19 edition of the Diagnostic and Statistical Manual of Mental Disorders, 20 and such diagnoses shall be made based upon all relevant clinical 21 factors, including but not limited to symptoms related to such diag- 22 noses: 23 (A) schizophrenia (all sub-types), 24 (B) delusional disorder, 25 (C) schizophreniform disorder, 26 (D) schizoaffective disorder, 27 (E) brief psychotic disorder, 28 (F) substance-induced psychotic disorder (excluding intoxication and 29 withdrawal), 30 (G) psychotic disorder not otherwise specified, 31 (H) major depressive disorders, or 32 (I) bipolar disorder I and II; 33 (ii) he or she is actively suicidal or has engaged in a recent, seri- 34 ous suicide attempt; 35 (iii) he or she has been diagnosed with a mental condition that is 36 frequently characterized by breaks with reality, or perceptions of real- 37 ity, that lead the individual to experience significant functional 38 impairment involving acts of self-harm or other behavior that have a 39 seriously adverse effect on life or on mental or physical health; 40 (iv) he or she has been diagnosed with an organic brain syndrome that 41 results in a significant functional impairment involving acts of self- 42 harm or other behavior that have a seriously adverse effect on life or 43 on mental or physical health; 44 (v) he or she has been diagnosed with a severe personality disorder 45 that is manifested by frequent episodes of psychosis or depression, and 46 results in a significant functional impairment involving acts of self- 47 harm or other behavior that have a seriously adverse effect on life or 48 on mental or physical health; or 49 (vi) he or she has been determined by a mental health clinician to 50 have otherwise substantially deteriorated mentally or emotionally while 51 confined in segregated confinement and is experiencing significant func- 52 tional impairment indicating a diagnosis of serious mental illness and 53 involving acts of self-harm or other behavior that have a serious 54 adverse effect on life or on mental or physical health. 55 (f) The superintendent shall make a full report to the commissioner at 56 least once a week concerning the condition of such [inmate] incarceratedA. 7866 93 1 individual and shall forthwith report to the commissioner any recommen- 2 dation relative to health maintenance or health care delivery made by 3 the facility health services director and any recommendation relative to 4 mental health treatment or confinement of an [inmate] incarcerated indi- 5 vidual with a serious mental illness made by the mental health clinician 6 pursuant to paragraphs (d) and (e) of this subdivision that is not 7 endorsed or carried out, as the case may be, by the superintendent. 8 § 167. Section 138 of the correction law, as added by chapter 231 of 9 the laws of 1975, and subdivision 6 as amended by section 22 of subpart 10 A of part C of chapter 62 of the laws of 2011, is amended to read as 11 follows: 12 § 138. Institutional rules and regulations for [inmates] incarcerated 13 individuals at all correctional facilities. 1. All institutional rules 14 and regulations defining and prohibiting [inmates] incarcerated individ- 15 uals misconduct shall be published and posted in prominent locations 16 within the institution and set forth in both the English and Spanish 17 language. 18 2. All [inmates] incarcerated individuals shall be provided with writ- 19 ten copies of these rules and regulations upon admission to the institu- 20 tion and all [inmates] incarcerated individuals presently incarcerated 21 in a correctional facility shall be provided with written copies of 22 these rules and regulations. 23 3. Facility rules shall be specific and precise giving all [inmates] 24 incarcerated individuals actual notice of the conduct prohibited. Facil- 25 ity rules shall state the range of disciplinary sanctions which can be 26 imposed for violation of each rule. 27 4. [Inmates] Incarcerated individuals shall not be disciplined for 28 making written or oral statements, demands, or requests involving a 29 change of institutional conditions, policies, rules, regulations, or 30 laws affecting an institution. 31 5. No [inmate] incarcerated individual shall be disciplined except for 32 a violation of a published and posted written rule or regulation, a copy 33 of which has been provided the [inmate] incarcerated individual. 34 6. All rules and regulations pertaining to [inmates] incarcerated 35 individuals established by the department of corrections and community 36 supervision and all rules and regulations pertaining to [inmates] incar- 37 cerated individuals established by any institutional staff at any state 38 correctional facility shall be reviewed annually by the commissioner of 39 the department of corrections and community supervision. 40 § 168. Subdivisions 1 and 5 of section 139 of the correction law, 41 subdivision 1 as amended by chapter 867 of the laws of 1975 and subdivi- 42 sion 5 as added by chapter 373 of the laws of 1990, are amended to read 43 as follows: 44 1. The commissioner shall establish, in each correctional institution 45 under his or her jurisdiction, grievance resolution committees to 46 resolve grievances of persons within such correctional institution. 47 Such grievance resolution committees shall consist of five persons four 48 of whom shall be entitled to vote, two of whom shall be [inmates] incar- 49 cerated individuals of such correctional institution, and a non-voting 50 chairman. 51 5. The commissioner shall semi-annually report to the chairmen of the 52 senate codes and crime and corrections committees and the assembly codes 53 and correction committees on the nature and type of [inmate] incarcerat- 54 ed individual grievances and unusual incidents, by facility.A. 7866 94 1 § 169. Subdivisions 1, 3 and 4 of section 140 of the correction law, 2 as added by chapter 516 of the laws of 1995, are amended to read as 3 follows: 4 1. Where an [inmate] incarcerated individual who is not yet eighteen 5 years of age has been committed or transferred to the custody of the 6 department and no medical consent has been obtained prior to commitment 7 or transfer, the commitment order shall be deemed to grant to the minor 8 the capacity to consent to routine medical, dental and mental health 9 services and treatment to such an individual. 10 3. (a) At any time prior to the date the [inmate] incarcerated indi- 11 vidual becomes eighteen years of age, the [inmate's] incarcerated indi- 12 vidual's parent or legal guardian may institute legal proceedings pursu- 13 ant to section 70.20 of the penal law objecting to the provision of 14 routine medical, dental or mental health services and treatment being 15 provided to the [inmate] incarcerated individual. 16 (b) Such notice of motion shall be served on the [inmate] incarcerated 17 individual, the facility and the department not less than seven days 18 prior to the return date of the motion. The persons on whom the notice 19 of motion is served shall answer the motion not less than two days 20 before the return date. On examining the motion and answer and, in its 21 discretion, after hearing argument, the court shall enter an order, 22 granting or denying the motion. 23 4. Nothing in this section shall preclude an [inmate] incarcerated 24 individual from consenting on his or her own behalf to any medical, 25 dental or mental health service and treatment where otherwise authorized 26 by law to do so. 27 § 170. Section 141 of the correction law, as amended by chapter 476 of 28 the laws of 1970, is amended to read as follows: 29 § 141. Contagious disease in facility. In case any pestilence or 30 contagious disease shall break out among the [inmates] incarcerated 31 individuals in any of the correctional facilities, or in the vicinity of 32 such facilities, the commissioner of correction may cause the [inmates] 33 incarcerated individuals confined in such facility, or any of them, to 34 be removed to some suitable place of security, where such of them as may 35 be sick shall receive all necessary care and medical assistance; such 36 [inmates] incarcerated individuals shall be returned as soon as may be 37 feasible to the facility from which they were taken, to be confined 38 therein according to their respective sentences. 39 § 171. Section 142 of the correction law, as amended by chapter 476 of 40 the laws of 1970, is amended to read as follows: 41 § 142. Fire in facility. Whenever by reason of any correctional 42 facility, or any building contiguous to such facility, being on fire, 43 there shall be reason to apprehend that the [inmates] incarcerated indi- 44 viduals may be injured or endangered by such fire, or may escape, it 45 shall be the duty of the superintendent of such facility to remove such 46 [inmates] incarcerated individuals to some safe and convenient place, 47 and there confine them until the necessity of such removal shall have 48 ceased. 49 § 172. Section 143 of the correction law, as added by chapter 476 of 50 the laws of 1970, is amended to read as follows: 51 § 143. Custody of persons convicted of crimes against the United 52 States. The commissioner is authorized to enter into agreements for the 53 care and custody of persons convicted and sentenced to imprisonment by 54 the United States courts in this state. Persons may be confined in 55 correctional facilities pursuant to any such agreement and all 56 provisions of law applicable to the care and custody of [inmates] incar-A. 7866 95 1 cerated individuals sentenced by courts of this state, except provisions 2 governing the duration of sentence and other related incidents of the 3 sentence provided by federal law, shall apply to the care and custody of 4 such persons. 5 § 173. Section 146 of the correction law, as amended by section 3 of 6 part E of chapter 56 of the laws of 2005, subdivision 1 as amended by 7 chapter 234 of the laws of 2013, is amended to read as follows: 8 § 146. Persons authorized to visit correctional facilities. 1. The 9 following persons shall be authorized to visit at pleasure all correc- 10 tional facilities: The governor and lieutenant-governor, commissioner of 11 general services, secretary of state, comptroller and attorney-general, 12 members of the commission of correction, members of the legislature and 13 any employee of the department as requested by the member of the legis- 14 lature if the member requests to be so accompanied, provided that such 15 request does not impact upon the department's ability to supervise, 16 manage and control its facilities as determined by the commissioner, 17 judges of the court of appeals, supreme court and county judges, 18 district attorneys and every clergyman or minister, as such terms are 19 defined in section two of the religious corporations law, having charge 20 of a congregation in the county wherein any such facility is situated. 21 No other person not otherwise authorized by law shall be permitted to 22 enter a correctional facility except by authority of the commissioner of 23 correction under such regulations as the commissioner shall prescribe. 24 The provisions of this section shall not apply to such portion of a 25 correctional facility in which [inmates] incarcerated individuals under 26 sentence of death are confined. 27 2. Notwithstanding any other provision of law to the contrary, on each 28 September thirteenth anniversary date of the nineteen hundred seventy- 29 one retaking of Attica correctional facility, in the absence of an emer- 30 gency situation or other exigent circumstance, the commissioner shall 31 ensure that any surviving state employees who were held as hostages and 32 any immediate family members, as that term is defined in subdivision 33 four of section 120.40 of the penal law, of any of the state employees 34 who were held hostage for any period by rioting [inmates] incarcerated 35 individuals during the period from September ninth through September 36 thirteenth, nineteen hundred seventy-one, shall be afforded access to 37 the outside grounds of Attica correctional facility to conduct a private 38 commemorative ceremony in front of the Attica monument upon which are 39 inscribed the names of employees who died as a result of the uprising 40 and subsequent retaking. 41 § 174. Section 147 of the correction law, as amended by chapter 476 of 42 the laws of 1970, is amended to read as follows: 43 § 147. Alien [inmates] incarcerated individuals of correctional facil- 44 ities. The commissioner shall within three months after admission of an 45 alien [inmate] incarcerated individual to a correctional facility cause 46 an investigation to be made of the record and past history of such alien 47 and shall upon the termination of such investigation cause the record of 48 such alien, together with all facts disclosed by such investigation, and 49 his or her recommendations as to deportation, to be forwarded to the 50 United States immigration authorities having such matters in charge. 51 § 175. Section 148 of the correction law, as amended by section 17 of 52 subpart B of part C of chapter 62 of the laws of 2011, is amended to 53 read as follows: 54 § 148. Psychiatric and diagnostic clinics. The commissioner of 55 corrections and community supervision is hereby authorized and directed 56 to assist and cooperate with the commissioner of mental health in theA. 7866 96 1 establishment and conduct of such psychiatric and diagnostic clinics in 2 the institutions and facilities under their jurisdiction as such commis- 3 sioners may deem necessary within the amount appropriated therefor. The 4 persons conducting the work of such clinics shall determine the physical 5 and mental condition of all [inmates] incarcerated individuals serving 6 an indeterminate term, having a minimum of one day and a maximum of 7 natural life, and of such other [inmates] incarcerated individuals whose 8 criminal record, behavior or other factors indicate to those in charge 9 of such clinics the need of study and treatment. The work of the clinics 10 shall include scientific study and psychiatric evaluation of each such 11 [inmate] incarcerated individual, including his or her career and life 12 history, investigation of the cause of the crime and recommendations for 13 the care, training and employment of such [inmates] incarcerated indi- 14 viduals with a view to their reformation and to the protection of socie- 15 ty. Each of the different phases of the work of the clinics shall be so 16 coordinated with all the other phases of clinic work as to be a part of 17 a unified and comprehensive scheme in the study and treatment of such 18 [inmates] incarcerated individuals. After classification in the clinics 19 the [inmate] incarcerated individual sentenced to state prison shall be 20 certified to the warden and recommendation made to the commissioner of 21 corrections and community supervision as to their disposition. 22 § 176. Section 149 of the correction law, as amended by chapter 302 of 23 the laws of 2008, is amended to read as follows: 24 § 149. Released [inmates] incarcerated individuals; notification to 25 sheriff, police, and district attorney. In the case of any [inmate] 26 incarcerated individual convicted of a felony, it shall be the duty of 27 the department at least forty-eight hours prior to the release of any 28 such [inmate] incarcerated individual from a correctional facility to 29 notify the chief of police both of the city, town or village in which 30 such [inmate] incarcerated individual proposes to reside and of the 31 city, town or village in which such [inmate] incarcerated individual 32 resided at the time of his or her conviction and the district attorney 33 of the county where the offense for which the [inmate] incarcerated 34 individual is incarcerated was prosecuted, of the contemplated release 35 of such [inmate] incarcerated individual, informing such chief of police 36 and the district attorney of the name and aliases of the [inmate] incar- 37 cerated individual, the address at which he or she proposes to reside, 38 the amount of time remaining to be served, if any, on the full term for 39 which he or she was sentenced, and the nature of the crime for which he 40 or she was sentenced, transmitting at the same time to the chief of 41 police a copy of such [inmate's] incarcerated individual's fingerprints 42 and photograph. Where such [inmate] incarcerated individual proposes to 43 reside outside of a city, such notification shall be sent to the sheriff 44 of the county in which such [inmate] incarcerated individual proposes to 45 reside. Such notification may be provided by electronic transmission to 46 those willing jurisdictions that have the capability of receiving elec- 47 tronic transmission notification. Any chief of police or sheriff who 48 receives notification of a released [inmate] incarcerated individual 49 pursuant to this section may request and receive from the division of 50 criminal justice services a report containing a summary of such 51 [inmate's] incarcerated individual's criminal record. 52 § 177. Section 170 of the correction law, as amended by chapter 166 of 53 the laws of 1991, subdivision 1 as amended by chapter 371 of the laws of 54 2012 and subdivision 3 as added by chapter 256 of the laws of 2010, is 55 amended to read as follows:A. 7866 97 1 § 170. Contracts prohibited. 1. The commissioner shall not, nor shall 2 any other authority whatsoever, make any contract by which the labor or 3 time of any [inmate] incarcerated individual in any state or local 4 correctional facility in this state, or the product or profit of his or 5 her work, shall be contracted, let, farmed out, given or sold to any 6 person, firm, association or corporation; except that the [inmates] 7 incarcerated individuals in said correctional institutions may work for, 8 and the products of their labor may be disposed of to, the state or any 9 political subdivision thereof, any public institution owned or managed 10 and controlled by the state, or any political subdivision thereof, 11 provided that no [inmate] incarcerated individual shall be employed or 12 assigned to engage in any activity that involves obtaining access to, 13 collecting or processing social security account numbers of other indi- 14 viduals. 15 2. Notwithstanding any other provision of law, it shall be lawful for 16 an [inmate] incarcerated individual of the department to work in an 17 institution of the department in the manufacture and production of 18 goods, including but not limited to, license plates, identification 19 plates and insignia for vehicles, and for the department to sell or 20 otherwise dispose of for profit such goods to the government of the 21 United States or to any state of the United States, or political subdi- 22 vision thereof, or any public corporation or eleemosynary association or 23 corporation funded in whole or in part by any federal, state or local 24 funds. 25 3. Notwithstanding any other provision of law, an [inmate] incarcerat- 26 ed individual may be permitted to leave the institution under guard to 27 voluntarily perform work for a nonprofit organization. As used in this 28 section, the term "nonprofit organization" means an organization oper- 29 ated exclusively for religious, charitable, or educational purposes, no 30 part of the net earnings of which inures to the benefit of any private 31 shareholder or individual. 32 § 178. The section heading and subdivision 1 of section 171 of the 33 correction law, the section heading as amended by chapter 364 of the 34 laws of 1983 and subdivision 1 as amended by section 24 of subpart A of 35 part C of chapter 62 of the laws of 2011, are amended to read as 36 follows: 37 [Inmates] Incarcerated individuals to be employed; products of labor 38 of [inmates] incarcerated individuals. 1. The commissioner and the 39 superintendents and officials of all penitentiaries in the state may 40 cause [inmates] incarcerated individuals in the state correctional 41 facilities and such penitentiaries who are physically capable thereof to 42 be employed for not to exceed eight hours of each day other than Sundays 43 and public holidays. Notwithstanding any other provision of this 44 section, however, the commissioner and superintendents of state correc- 45 tional facilities may employ [inmates] incarcerated individuals on a 46 volunteer basis on Sundays and public holidays in specialized areas of 47 the facility, including kitchen areas, vehicular garages, rubbish pickup 48 and grounds maintenance, providing, however, that [inmates] incarcerated 49 individuals so employed shall be allowed an alternative free day within 50 the normal work week. 51 § 179. The section heading and subdivisions 1, 2, 3, 4 and 6 of 52 section 177 of the correction law, the section heading and subdivisions 53 1, 2 and 4 as amended by chapter 166 of the laws of 1991, subdivision 3 54 as amended by section 25 of subpart A of part C of chapter 62 of the 55 laws of 2011 and subdivision 6 as added by chapter 256 of the laws of 56 2010, are amended to read as follows:A. 7866 98 1 Labor of [inmates] incarcerated individuals in state and local correc- 2 tional facilities. 1. The labor of [inmates] incarcerated individuals 3 in the state correctional facilities, after the necessary labor for and 4 manufacture of all needed supplies for said institutions, shall be 5 primarily devoted to the state, the public buildings and institutions 6 thereof, and the manufacture of supplies for the state, and public 7 institutions thereof, and secondly to the political subdivisions of the 8 state, and public institutions thereof; 9 2. The labor of [inmates] incarcerated individuals in local correc- 10 tional facilities after the necessary labor for and manufacture of all 11 needed supplies for the same, shall be primarily devoted to the coun- 12 ties, respectively, in which said local correctional facilities are 13 located, and the towns, cities and villages therein, and to the manufac- 14 ture of supplies for the public institutions of the counties, or the 15 political subdivisions thereof, and secondly to the state and the public 16 institutions thereof; 17 3. However, for the purpose of distributing, marketing or sale of the 18 whole or any part of the product of any correctional facility in the 19 state, other than by said state correctional facilities, to the state or 20 to any political subdivisions thereof or to any public institutions 21 owned or managed and controlled by the state, or by any political subdi- 22 visions thereof, or to any public corporation, authority, or eleemosy- 23 nary association funded in whole or in part by any federal, state or 24 local funds, the sheriff of any such local correctional facility and the 25 commissioner of corrections and community supervision may enter into a 26 contract or contracts which may determine the kinds and qualities of 27 articles to be produced by such institution and the method of distrib- 28 ution and sale thereof by the commissioner of corrections and community 29 supervision or under his or her direction, either in separate lots or in 30 combination with the products of other such institutions and with the 31 products produced by [inmates] incarcerated individuals in state correc- 32 tional facilities. Such contracts may fix and determine any and all 33 terms and conditions for the disposition of such products and the dispo- 34 sition of proceeds of sale thereof and any and all other terms and 35 conditions as may be agreed upon, not inconsistent with the constitu- 36 tion. However, no such contract shall be for a period of more than one 37 year and any prices fixed by such contract shall be the prices estab- 38 lished pursuant to section one hundred eighty-six of this article for 39 like articles or shall be approved by the department of corrections and 40 community supervision and the director of the budget on presentation to 41 them of a copy of such contract or proposed contract, and provided 42 further that any distribution or diversification of industries provided 43 for by such contract shall be in accordance with the rules and regu- 44 lations established by the department of corrections and community 45 supervision or shall be approved by such department on presentation to 46 it of a copy of such contract or proposed contract. 47 4. No product manufactured in whole or in part by [inmates] incarcer- 48 ated individuals in any correctional facility of the state or of a poli- 49 tical subdivision thereof, shall be sold, or otherwise disposed of for 50 profit, by any officer, or administrative body, of such institution, or 51 by any officer, or administrative body of the state, or of a political 52 subdivision thereof, except to the state itself or to a political subdi- 53 vision thereof, the government of the United States or to any state of 54 the United States, or to an officer or administrative body of the state, 55 or of a political subdivision thereof, or to or for a public institution 56 owned or managed and controlled by the state or by any political subdi-A. 7866 99 1 vision thereof, or to a public corporation, authority, or eleemosynary 2 association funded in whole or in part by federal, state or local funds. 3 In no case shall said products be purchased for the purpose of resale or 4 for their disposition for profit in a manner not herein provided for in 5 the first instance. 6 6. Notwithstanding any other provision of law, an [inmate] incarcerat- 7 ed individual may be permitted to leave the institution under guard to 8 voluntarily perform work for a nonprofit organization. As used in this 9 section, the term "nonprofit organization" means an organization oper- 10 ated exclusively for religious, charitable, or educational purposes, no 11 part of the net earnings of which inures to the benefit of any private 12 shareholder or individual. 13 § 180. Section 178 of the correction law, as added by chapter 476 of 14 the laws of 1970, is amended to read as follows: 15 § 178. Participation in work release and other community activities. 16 Nothing contained in this article shall be construed or applied so as to 17 prohibit private employment of [inmates] incarcerated individuals in the 18 community under a work release program, or a residential treatment 19 facility program formulated pursuant to any provision of this chapter. 20 § 181. Section 184 of the correction law, as amended by chapter 166 of 21 the laws of 1991, subdivision 1 as amended by section 21 of subpart B of 22 part C of chapter 62 of the laws of 2011 and subdivision 2 as amended by 23 section 27 of subpart A of part C of chapter 62 of the laws of 2011, is 24 amended to read as follows: 25 § 184. Articles manufactured to be furnished to the state or subdivi- 26 sions thereof. 1. The commissioner is authorized and directed to cause 27 to be manufactured or prepared by the [inmates] incarcerated individuals 28 in the state correctional facilities, such articles as are needed and 29 used therein, and also, such articles as are required by the state or 30 political subdivisions thereof, and in the buildings, offices and public 31 institutions owned or managed and controlled by the state, including 32 articles and materials to be used in the erection of the buildings, and 33 including material for the construction, improvement or repair of high- 34 ways, streets and roads. 35 2. All such articles manufactured or prepared in the state correction- 36 al facilities, or by [inmates] incarcerated individuals, and not 37 required for use therein, shall be of the styles, patterns, designs and 38 qualities fixed by the department of corrections and community super- 39 vision, except where the same have been or may be fixed by the office of 40 general services in the executive department. Such articles may be 41 furnished to the state, or to any political subdivision thereof, or for 42 or to any public institution owned or managed and controlled by the 43 state, or any political subdivision thereof, government of the United 44 States or to any state of the United States or subdivision thereof or to 45 any public corporation, authority, or eleemosynary association funded in 46 whole or in part by any federal, state or local funds, at and for such 47 prices as shall be fixed and determined as hereinafter provided, upon 48 the requisitions of the proper officials thereof. No article so manufac- 49 tured or prepared shall be purchased from any other source, for the 50 state or public institutions of the state, or the political subdivisions 51 thereof, or public benefit corporations, authorities or commissions, 52 unless the commissioner of corrections and community supervision shall 53 certify that the same can not be furnished upon such requisition, and no 54 claim therefor shall be audited or paid without such certificate.A. 7866 100 1 § 182. Section 187 of the correction law, as amended by section 30 of 2 subpart A of part C of chapter 62 of the laws of 2011, is amended to 3 read as follows: 4 § 187. Earnings of [inmates] incarcerated individuals. 1. Every 5 [inmate] incarcerated individual confined in a state correctional facil- 6 ity, subject to the rules and regulations of the department of 7 corrections and community supervision, and every [inmate] incarcerated 8 individual confined in a local correctional facility, in the discretion 9 of the sheriff thereof, may receive compensation for work performed 10 during his or her imprisonment. Such compensation shall be graded by the 11 department of corrections and community supervision with regard to 12 [inmates] incarcerated individuals employed in prison industries, based 13 upon the work performed by such prisoners for prisoners confined in 14 state correctional facilities, and by the sheriffs in all local correc- 15 tional facilities for [inmates] incarcerated individuals confined there- 16 in. 17 2. The department of corrections and community supervision shall adopt 18 rules, subject to the approval of the director of the budget, for estab- 19 lishing in all of the state correctional facilities a system of compen- 20 sation for the [inmates] incarcerated individuals confined therein. Such 21 rules shall provide for the payment of compensation to each [inmate] 22 incarcerated individual, who shall meet the requirements established by 23 the department of corrections and community supervision, based upon the 24 work performed by such [inmates] incarcerated individuals. 25 3. The department shall prepare graded wage schedules for [inmates] 26 incarcerated individuals, which schedules shall be based upon classi- 27 fications according to the value of work performed by each. Such sched- 28 ules need not be uniform in all institutions. The rules of the depart- 29 ment shall also provide for the establishment of a credit system for 30 each [inmate] incarcerated individual and the manner in which such earn- 31 ings shall be paid to the [inmate] incarcerated individual or his or her 32 dependents or held in trust for him or her until his or her release. 33 4. Any compensation paid to an [inmate] incarcerated individual under 34 this article shall be based on the work performed by such [inmate] 35 incarcerated individual. Compensation may be paid from moneys appropri- 36 ated to the department and available to facilities for nonpersonal 37 service. 38 § 183. Section 197 of the correction law, as added by chapter 831 of 39 the laws of 1959, is amended to read as follows: 40 § 197. Occupational therapy. Nothing in this article contained shall 41 be deemed to apply to occupational therapy in any penal or correctional 42 institution, or to prohibit the sale of the products resulting there- 43 from. Such sale and the disposition of the proceeds thereof shall be 44 governed by rules and regulations of the head of the department or other 45 like governmental authority having jurisdiction. For the purpose of this 46 section, occupational therapy is defined as any activity in the nature 47 of individual art or handicraft, prescribed, guided or supervised for 48 the purpose of contributing to the welfare or rehabilitation of any 49 [inmate] incarcerated individual or [inmates] incarcerated individuals 50 of such institutions. 51 § 184. Section 198 of the correction law, as amended by section 31 of 52 subpart A of part C of chapter 62 of the laws of 2011, is amended to 53 read as follows: 54 § 198. [Inmate] Incarcerated individual occupational therapy fund. 1. 55 The commissioner of corrections and community supervision may authorize 56 the superintendent or director of any correctional institution to estab-A. 7866 101 1 lish an [inmate] incarcerated individual occupational therapy fund for 2 the receipt of proceeds from a product sold, as authorized by section 3 one hundred ninety-seven of this article, by one or more [inmates] 4 incarcerated individuals as incident to an avocational or vocational 5 project approved by the commissioner, including but not limited to, art, 6 music, drama, handicraft, or sports. 7 2. Pursuant to rules, regulations or directions of the commissioner, 8 moneys of the fund may: (a) be made available to the superintendent or 9 director to be used for the general benefit of the [inmates] incarcerat- 10 ed individuals of the correctional institution wherein the product was 11 produced, including but not limited to, furnishing materials and 12 supplies to an [inmate] incarcerated individual or [inmates] incarcerat- 13 ed individuals for an avocational or vocational project and the trans- 14 porting of a product thereof for sale, display or otherwise and for 15 recreational activities; or (b) be disbursed as follows: (i) an amount 16 equal to the proceeds from the sale of a product produced by one 17 [inmate] incarcerated individual may be deposited to the account of such 18 [inmate] incarcerated individual pursuant to section one hundred sixteen 19 of this chapter; or (ii) an amount equal to the proceeds from the sale 20 of a product produced by two or more [inmates] incarcerated individuals 21 may be divided equally among such [inmates] incarcerated individuals and 22 deposited to their respective accounts pursuant to section one hundred 23 sixteen of this chapter. 24 3. In determining the amount of the proceeds from a sale of a product 25 that may be deposited to the account of an [inmate] incarcerated indi- 26 vidual, the commissioner may provide for the deduction from the sum of 27 the proceeds the reasonable expenses of the department of corrections 28 and community supervision incident to the sale, including but not limit- 29 ed to, the value of materials and supplies for the production of the 30 product supplied without financial charge to the [inmate] incarcerated 31 individual and the expenses of transporting the product for sale or 32 display or otherwise. 33 § 185. Subdivisions 1, 2, 3 and 4 of section 200 of the correction 34 law, subdivisions 1 and 2 as amended by chapter 301 of the laws of 1996, 35 and subdivisions 3 and 4 as added by chapter 536 of the laws of 1974, 36 are amended to read as follows: 37 1. For the purpose of this section the term "incentive allowance" 38 means monies allowed an [inmate] incarcerated individual of a state 39 correctional institution for the efficient and willing performance of 40 duties assigned or progress and achievement in educational, career and 41 industrial training programs. 42 2. In lieu of the system of labor in correctional institutions estab- 43 lished by this article, the commissioner may, in order to facilitate an 44 [inmate's] incarcerated individual's eventual reintegration into socie- 45 ty, establish for the [inmates] incarcerated individuals in one or more 46 state correctional institutions a system of educational, career and 47 industrial training programs, and of incentive allowances for each such 48 program. 49 3. For each institution wherein such system is established the commis- 50 sioner shall prepare, and may at times revise, graded incentive allow- 51 ance schedules for the [inmates] incarcerated individuals within each 52 such program based upon the levels of performance and achievement by an 53 [inmate] incarcerated individual in a program to which he or she has 54 been assigned. Upon the approval of the director of the budget such 55 schedules or revisions thereof may be promulgated.A. 7866 102 1 4. The commissioner shall also provide for the establishment of a 2 credit system for each [inmate] incarcerated individual and the manner 3 in which incentive allowances shall be paid to the [inmate] incarcerated 4 individual or his or her dependents or held in trust for him or her 5 until his or her release. The amount of incentive allowed to the credit 6 of any [inmate] incarcerated individual shall be disposed of as provided 7 by section one hundred eighty-nine of this article. 8 § 186. Subdivisions 2, 3, 5 and 6 of section 201 of the correction 9 law, as added by section 32 of subpart A of part C of chapter 62 of the 10 laws of 2011, are amended to read as follows: 11 2. In accordance with the provisions of this chapter, the department 12 shall supervise [inmates] incarcerated individuals released to community 13 supervision, except that the department may consent to the supervision 14 of a released [inmate] incarcerated individual by the United States 15 parole commission pursuant to the witness security act of nineteen 16 hundred eighty-four. 17 3. To facilitate the supervision of all [inmates] incarcerated indi- 18 viduals released to community supervision, the commissioner shall 19 consider the implementation of a program of graduated sanctions, includ- 20 ing but not limited to the utilization of a risk and needs assessment 21 instrument that would be administered to all [inmates] incarcerated 22 individuals eligible for community supervision. Such a program would 23 include various components including approaches that concentrate super- 24 vision on new releases, alternatives to incarceration for technical 25 parole violators and the use of enhanced technologies. 26 5. The department shall assist [inmates] incarcerated individuals 27 eligible for community supervision and [inmates] incarcerated individ- 28 uals who are on community supervision to secure employment, educational 29 or vocational training, and housing. 30 6. The department shall have the duty to provide written notice to 31 [inmates] incarcerated individuals prior to release to community super- 32 vision or pursuant to subdivision six of section 410.91 of the criminal 33 procedure law of any requirement to report to the office of victim 34 services any funds of a convicted person as defined in section six 35 hundred thirty-two-a of the executive law, the procedure for such 36 reporting and any potential penalty for a failure to comply. 37 § 187. Subdivision 2 of section 203 of the correction law, as added by 38 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is 39 amended to read as follows: 40 2. The department shall have the duty, prior to the release to commu- 41 nity supervision of an [inmate] incarcerated individual designated a 42 level two or three sex offender pursuant to the sex offender registra- 43 tion act, to provide notification to the local social services district 44 in the county in which the [inmate] incarcerated individual expects to 45 reside, when information available or any other pre-release procedures 46 indicates that such [inmate] incarcerated individual is likely to seek 47 to access local social services for homeless persons. The department 48 shall provide such notice, when practicable, thirty days or more before 49 such [inmate's] incarcerated individual's release, but in any event, in 50 advance of such [inmate's] incarcerated individual's arrival in the 51 jurisdiction of such local social services district. 52 § 188. Section 207 of the correction law, as added by section 32 of 53 subpart A of part C of chapter 62 of the laws of 2011, is amended to 54 read as follows: 55 § 207. Cooperation. It shall be the duty of the commissioner of 56 corrections and community supervision to insure that all officers andA. 7866 103 1 employees of the department shall at all times cooperate with the board 2 of parole and shall furnish to such members and employees of the board 3 of parole such information as may be appropriate to enable them to 4 perform their independent decision making functions. It is also his or 5 her duty to ensure that the functions of the board of parole are not 6 hampered in any way, including but not limited to: a restriction of 7 resources including staff assistance; limited access to vital informa- 8 tion; and presentation of [inmate] incarcerated individual information 9 in a manner that may inappropriately influence the board in its decision 10 making. 11 § 189. Subdivision 2 of section 272 of the correction law, as added by 12 section 1 of part SS of chapter 56 of the laws of 2009, is amended to 13 read as follows: 14 2. have the power to determine, as each [inmate] incarcerated individ- 15 ual applies for conditional release, the need for supplemental investi- 16 gation of the background of such [inmate] incarcerated individual and 17 cause such investigation as may be necessary to be made as soon as prac- 18 ticable. The commission may require that the probation department 19 located in the jurisdiction of the commission conduct such supplemental 20 investigation. The results of such investigation together with all other 21 information compiled by the local correctional facility and the complete 22 criminal record and family court record of such [inmate] incarcerated 23 individual shall be readily available when the conditional release of 24 such [inmate] incarcerated individual is being considered. Such informa- 25 tion shall include a complete statement of the crime for which the 26 [inmate] incarcerated individual has been sentenced, the circumstances 27 of such crime, all presentence memoranda, the nature of the sentence, 28 the court in which such [inmate] incarcerated individual was sentenced, 29 the name of the judge and district attorney and copies of such probation 30 reports as may have been made as well as reports as to the [inmate's] 31 incarcerated individual's social, physical, mental and psychiatric 32 condition and history; 33 § 190. The opening paragraph and paragraph (a) of subdivision 1 and 34 subdivisions 2 and 6 of section 273 of the correction law, as added by 35 section 1 of part SS of chapter 56 of the laws of 2009, are amended to 36 read as follows: 37 Any [inmate] incarcerated individual who is eligible for conditional 38 release by a commission pursuant to subdivision two of section 70.40 of 39 the penal law and who has served a minimum period of sixty days in a 40 local correctional facility may apply for conditional release. Eligibil- 41 ity criteria shall be limited to [inmates] incarcerated individuals: 42 (a) who have not been previously convicted and who do not stand 43 convicted of any crime which would make such [inmate] incarcerated indi- 44 vidual ineligible for the receipt of merit time pursuant to section 45 eight hundred three of this chapter, any crime pursuant to article two 46 hundred thirty-five of the penal law when the victim of such offense was 47 under the age of eighteen at the time of the offense, or any crime which 48 the commission determines constituted a crime of domestic violence; 49 2. The commission shall review and make a determination on each appli- 50 cation within thirty days of receipt of such application. No determi- 51 nation granting or denying such application shall be valid unless made 52 by a majority vote of at least three commission members present. No 53 release shall be granted unless there is a reasonable probability that, 54 if such [inmate] incarcerated individual is released, he or she shall 55 live and remain at liberty without violating the law, and that his or 56 her release is not incompatible with the welfare of society and shallA. 7866 104 1 not so deprecate the seriousness of his or her crime as to undermine 2 respect for law. 3 6. If conditional release is not granted, the commission shall inform 4 the person in writing of the factors and reasons for such denial of 5 conditional release within fifteen days of the decision. Such reasons 6 shall be given in detail and not in conclusory terms. [Inmates] Incar- 7 cerated individuals denied conditional release are eligible to reapply 8 sixty days after the date of the denial. 9 § 191. The article heading of article 16 of the correction law, as 10 added by chapter 766 of the laws of 1976, is amended to read as follows: 11 PROVISIONS RELATING TO MENTALLY ILL [INMATES] INCARCERATED 12 INDIVIDUALS 13 § 192. Subdivisions 1, 2, 3 and 5 of section 400 of the correction 14 law, subdivisions 1, 2 and 3 as added by chapter 766 of the laws of 1976 15 and subdivision 5 as amended by section 35 of subpart A of part C of 16 chapter 62 of the laws of 2011, are amended to read as follows: 17 (1) "Examining physician" means a physician licensed to practice medi- 18 cine in the state of New York, but who is not on the staff of the facil- 19 ity where the [inmate] incarcerated individual is confined. 20 (2) "Hospital" means a hospital in the department of mental hygiene 21 which is designated as such by the commissioner of mental hygiene for 22 the care and treatment of mentally ill [inmates] incarcerated individ- 23 uals. 24 (3) "In immediate need of care and treatment" means that the [inmate] 25 incarcerated individual is apparently mentally ill and is not able to be 26 properly cared for at the place where he or she is confined and is in 27 need of immediate care and treatment in a hospital. 28 (5) "[Inmate] Incarcerated individual" means a person committed to the 29 custody of the department of corrections and community supervision, or a 30 person convicted of a crime and committed to the custody of the sheriff, 31 the county jail, or a local department of correction. 32 § 193. Section 401 of the correction law, as amended by chapter 1 of 33 the laws of 2008, subdivision 6 as amended by chapter 20 of the laws of 34 2016, is amended to read as follows: 35 § 401. Establishment of programs inside correctional facilities. 1. 36 The commissioner, in cooperation with the commissioner of mental health, 37 shall establish programs, including but not limited to residential 38 mental health treatment units, in such correctional facilities as he or 39 she may deem appropriate for the treatment of mentally ill [inmates] 40 incarcerated individuals confined in state correctional facilities who 41 are in need of psychiatric services but who do not require hospitaliza- 42 tion for the treatment of mental illness. [Inmates] Incarcerated indi- 43 viduals with serious mental illness shall receive therapy and program- 44 ming in settings that are appropriate to their clinical needs while 45 maintaining the safety and security of the facility. The administration 46 and operation of programs established pursuant to this section shall be 47 the joint responsibility of the commissioner of mental health and the 48 commissioner. The professional mental health care personnel, and their 49 administrative and support staff, for such programs shall be employees 50 of the office of mental health. All other personnel shall be employees 51 of the department. 52 2. (a) (i) In exceptional circumstances, a mental health clinician, or 53 the highest ranking facility security supervisor in consultation with a 54 mental health clinician who has interviewed the [inmate] incarcerated 55 individual, may determine that an [inmate's] incarcerated individual's 56 access to out-of-cell therapeutic programming and/or mental healthA. 7866 105 1 treatment in a residential mental health treatment unit presents an 2 unacceptable risk to the safety of [inmates] incarcerated individuals or 3 staff. Such determination shall be documented in writing and alternative 4 mental health treatment and/or other therapeutic programming, as deter- 5 mined by a mental health clinician, shall be provided. 6 (ii) Any determination to restrict out-of-cell therapeutic programming 7 and/or mental health treatment shall be reviewed at least every fourteen 8 days by the joint case management committee or, if no such committee is 9 available, by the treatment team assigned to the [inmate's] incarcerated 10 individual's residential mental health treatment unit. 11 (iii) The determination whether to restrict out-of-cell therapeutic 12 programming and/or mental health treatment shall take into account the 13 [inmate's] incarcerated individual's mental condition and any safety and 14 security concerns that would be posed by the [inmate's] incarcerated 15 individual's access to such out-of-cell therapeutic programming. The 16 joint case management committee or treatment team shall recommend that 17 the [inmate] incarcerated individual shall have access to out-of-cell 18 therapeutic programming and/or mental health treatment unless in excep- 19 tional circumstances such access would pose an unacceptable risk to the 20 safety of the [inmate] incarcerated individual or other persons. Such 21 recommendation shall be reviewed by the facility superintendent, and if 22 the superintendent makes a determination not to accept such recommenda- 23 tion, the matter shall be referred to the joint central office review 24 committee for resolution. Such resolution shall be made no later than 25 twenty-one days after the imposition of the restriction. 26 (b) [Inmates] Incarcerated individuals in a residential mental health 27 treatment unit shall receive property, services and privileges similar 28 to [inmates] incarcerated individuals confined in the general prison 29 population, provided however, the department may impose general limita- 30 tions on the quantity and type of property all [inmates] incarcerated 31 individuals on the unit are permitted to have in their cells and 32 [inmate] incarcerated individual access to programs that are more 33 restrictive than for general population [inmates] incarcerated individ- 34 uals in order to maintain security and order on the unit. Further, in 35 consultation with a mental health clinician, the department may make an 36 individual determination to impose restrictions on property, services or 37 privileges for an [inmate] incarcerated individual on the unit for ther- 38 apeutic and/or security reasons which are not inconsistent with the 39 [inmate's]incarcerated individual's mental health needs. If any such 40 restrictions on property, services or privileges are imposed on a 41 particular [inmate] incarcerated individual, they shall be documented in 42 writing and shall be reviewed by the joint case management committee not 43 less than every thirty days. A disciplinary sanction of restricted diet 44 shall not be imposed on any [inmate] incarcerated individual who is 45 housed in a residential mental health treatment unit. 46 3. Misbehavior reports will not be issued to [inmates] incarcerated 47 individuals with serious mental illness for refusing treatment or medi- 48 cation, however, an [inmate] incarcerated individual may be subject to 49 the disciplinary process for refusing to go to the location where treat- 50 ment is provided or medication is dispensed. In addition, there will be 51 a presumption against imposition and pursuit of disciplinary charges for 52 self-harming behavior and threats of self-harming behavior, including 53 related charges for the same behaviors, such as destruction of state 54 property, except in exceptional circumstances. 55 4. A disciplinary sanction imposed on an [inmate] incarcerated indi- 56 vidual requiring confinement to a cell or room shall continue to runA. 7866 106 1 while the [inmate] incarcerated individual is placed in residential 2 mental health treatment in a residential mental health unit model or a 3 behavioral health unit model. Such disciplinary sanction shall be 4 reviewed by the joint case management committee or, if no such committee 5 is available, by the treatment team assigned to the [inmate's] incarcer- 6 ated individual's residential mental health treatment unit at least once 7 every three months to determine whether based upon the [inmate's] incar- 8 cerated individual's mental health status and safety and security 9 concerns, the [inmate's] incarcerated individual's disciplinary sanction 10 should be reduced and/or the [inmate] incarcerated individual should be 11 transferred to a less restrictive setting. Nothing in this subdivision 12 shall be deemed to preclude the department from granting reductions of 13 disciplinary sanctions to [inmates] incarcerated individuals in other 14 residential mental health treatment unit models. 15 5. (a) An [inmate] incarcerated individual in a residential mental 16 health treatment unit shall not be sanctioned with segregated confine- 17 ment for misconduct on the unit, or removed from the unit and placed in 18 segregated confinement, except in exceptional circumstances where such 19 [inmate's] incarcerated individual's conduct poses a significant and 20 unreasonable risk to the safety of [inmates] incarcerated individuals or 21 staff, or to the security of the facility. Further, in the event that 22 such a sanction is imposed, an [inmate] incarcerated individual shall 23 not be required to begin serving such sanction until the reviews 24 required by paragraph (b) of this subdivision have been completed; 25 provided, however that in extraordinary circumstances where an 26 [inmate's] incarcerated individual's conduct poses an immediate unac- 27 ceptable threat to the safety of [inmates] incarcerated individuals or 28 staff, or to the security of the facility an [inmate] incarcerated indi- 29 vidual may be immediately moved to segregated confinement. The determi- 30 nation that an immediate transfer to segregated confinement is necessary 31 shall be made by the highest ranking facility security supervisor in 32 consultation with a mental health clinician. 33 (b) The joint case management committee shall review any disciplinary 34 disposition imposing a sanction of segregated confinement at its next 35 scheduled meeting. Such review shall take into account the [inmate's] 36 incarcerated individual's mental condition and safety and security 37 concerns. The joint case management committee may only thereafter recom- 38 mend the removal of the [inmate] incarcerated individual in exceptional 39 circumstances where the [inmate] incarcerated individual poses a signif- 40 icant and unreasonable risk to the safety of [inmates] incarcerated 41 individuals or staff or to the security of the facility. In the event 42 that the [inmate] incarcerated individual was immediately moved to 43 segregated confinement, the joint case management committee may recom- 44 mend that the [inmate] incarcerated individual continue to serve such 45 sanction only in exceptional circumstances where the [inmate] incarcer- 46 ated individual poses a significant and unreasonable risk to the safety 47 of [inmates] incarcerated individuals or staff or to the security of the 48 facility. If a determination is made that the [inmate] incarcerated 49 individual shall not be required to serve all or any part of the segre- 50 gated confinement sanction, the joint case management committee may 51 instead recommend that a less restrictive sanction should be imposed. 52 The recommendations made by the joint case management committee under 53 this paragraph shall be documented in writing and referred to the super- 54 intendent for review and if the superintendent disagrees, the matter 55 shall be referred to the joint central office review committee for a 56 final determination. The administrative process described in this para-A. 7866 107 1 graph shall be completed within fourteen days. If the result of such 2 process is that an [inmate] incarcerated individual who was immediately 3 transferred to segregated confinement should be removed from segregated 4 confinement, such removal shall occur as soon as practicable, and in no 5 event longer than seventy-two hours from the completion of the adminis- 6 trative process. 7 6. The department shall ensure that the curriculum for new correction 8 officers, and other new department staff who will regularly work in 9 programs providing mental health treatment for [inmates] incarcerated 10 individuals, shall include at least eight hours of training about the 11 types and symptoms of mental illnesses, the goals of mental health 12 treatment, the prevention of suicide and training in how to effectively 13 and safely manage [inmates] incarcerated individuals with mental 14 illness. Such training may be provided by the office of mental health or 15 the justice center for the protection of people with special needs. All 16 department staff who are transferring into a residential mental health 17 treatment unit shall receive a minimum of eight additional hours of such 18 training, and eight hours of annual training as long as they work in 19 such a unit. All security, program services, mental health and medical 20 staff with direct [inmate] incarcerated individual contact shall receive 21 training each year regarding identification of, and care for, [inmates] 22 incarcerated individuals with mental illnesses. The department shall 23 provide additional training on these topics on an ongoing basis as it 24 deems appropriate. 25 § 194. Section 401-a of the correction law, as amended by section 6 of 26 part A of chapter 501 of the laws of 2012 and subdivision 1 as amended 27 by chapter 126 of the laws of 2014, is amended to read as follows: 28 § 401-a. Oversight responsibilities of the justice center for the 29 protection of people with special needs. 1. The justice center for the 30 protection of people with special needs shall be responsible for moni- 31 toring the quality of mental health care provided to [inmates] incarcer- 32 ated individuals pursuant to article twenty of the executive law. The 33 justice center shall have direct and immediate access to all areas where 34 state prisoners are housed, and to clinical and department records 35 relating to [inmates'] incarcerated individuals' clinical conditions. 36 The justice center shall maintain the confidentiality of all patient- 37 specific information. 38 2. The justice center shall monitor the quality of care in residential 39 mental health treatment programs and shall ensure compliance with para- 40 graphs (d) and (e) of subdivision six of section one hundred thirty-sev- 41 en of this chapter and section four hundred one of this article. The 42 justice center may recommend to the department and the office of mental 43 health that [inmates] incarcerated individuals in segregated confinement 44 pursuant to subdivision six of section one hundred thirty-seven of this 45 chapter be evaluated for placement in a residential mental health treat- 46 ment unit. It may also recommend ways to further the goal of diverting 47 and removing [inmates] incarcerated individuals with serious mental 48 illness from segregated confinement to residential mental health treat- 49 ment units. The justice center shall include in its annual report to the 50 governor and the legislature pursuant to section five hundred sixty of 51 the executive law, a description of the state's progress in complying 52 with this article, which shall be publicly available. 53 3. The justice center shall appoint an advisory committee on psychiat- 54 ric correctional care ("committee"), which shall be composed of inde- 55 pendent mental health experts and mental health advocates, and may 56 include family members of former [inmates] incarcerated individuals withA. 7866 108 1 serious mental illness. Such committee shall advise the justice center 2 on its oversight responsibilities pursuant to this section. The commit- 3 tee may also make recommendations to the justice center regarding 4 improvements to prison-based mental health care. Nothing in this subdi- 5 vision shall be deemed to authorize members of the committee to have 6 access to a correctional or mental hygiene facility or any part of such 7 a facility. Provided, however, newly appointed members of the advisory 8 committee shall be provided with a tour of a segregated confinement unit 9 and a residential mental health treatment unit, as selected by the 10 commissioner. Any such tour shall be arranged on a date and at a time 11 selected by the commissioner and upon such terms and conditions as are 12 within the sole discretion of the commissioner. 13 § 195. The section heading and subdivisions 1, 2, 3, 9 and 13 of 14 section 402 of the correction law, the section heading and subdivisions 15 1 and 2 as added by chapter 766 of the laws of 1976, subdivision 3 as 16 amended by chapter 789 of the laws of 1985, subdivision 9 as amended by 17 chapter 164 of the laws of 1986, and subdivision 13 as added by chapter 18 7 of the laws of 2007, are amended to read as follows: 19 Commitment of Mentally ill [inmates] incarcerated individuals. 1. 20 Whenever the physician of any correctional facility, any county peniten- 21 tiary, county jail or workhouse, any reformatory for women, or of any 22 other correctional institution, shall report in writing to the super- 23 intendent that any person undergoing a sentence of imprisonment or adju- 24 dicated to be a youthful offender or juvenile delinquent confined there- 25 in is, in his or her opinion, mentally ill, such superintendent shall 26 apply to a judge of the county court or justice of the supreme court in 27 the county to cause an examination to be made of such person by two 28 examining physicians. Such physicians shall be designated by the judge 29 to whom the application is made. Each such physician, if satisfied, 30 after a personal examination, that such [inmate] incarcerated individual 31 is mentally ill and in need of care and treatment, shall make a certif- 32 icate to such effect. Before making such certificate, however, he or she 33 shall consider alternative forms of care and treatment available during 34 confinement in such correctional facility, penitentiary, jail, reforma- 35 tory or correctional institution that might be adequate to provide for 36 such [inmate's] incarcerated individual's needs without requiring hospi- 37 talization. If the examining physician knows that the person he or she 38 is examining has been under prior treatment, he or she shall, insofar as 39 possible, consult with the physician or psychologist furnishing such 40 prior treatment prior to making his or her certificate. 41 2. In the city of New York, if the physician of a workhouse, city 42 prison, jail, penitentiary or reformatory reports in writing to the 43 superintendent of such institution that a prisoner confined therein, 44 serving a sentence of imprisonment, is in his or her opinion mentally 45 ill, the superintendent of said institution shall either transfer said 46 prisoner to Bellevue or Kings county hospital for observation as to his 47 or her mental condition by two examining physicians or shall secure two 48 examining physicians to make such examination in his institution. Each 49 such physician, if satisfied after a personal examination and observa- 50 tion that the prisoner is mentally ill and in need of care and treat- 51 ment, shall make a certificate to such effect. Before making such 52 certificate, however, he or she shall consider alternative forms of care 53 and treatment available during confinement in such correctional facili- 54 ty, penitentiary, jail, reformatory or correctional institution that 55 might be adequate to provide for such [inmate's] incarcerated individ- 56 ual's needs without requiring hospitalization. If the examining physi-A. 7866 109 1 cian knows that the person he or she is examining has been under prior 2 treatment, he or she shall, insofar as possible, consult with the physi- 3 cian or psychologist furnishing such prior treatment prior to making his 4 or her certificate. 5 3. Upon such certificates of the examining physicians being so made, 6 it shall be delivered to the superintendent who shall thereupon apply by 7 petition forthwith to a judge of the county court or justice of the 8 supreme court in the county, annexing such certificate to his or her 9 petition, for an order committing such [inmate] incarcerated individual 10 to a hospital for the mentally ill. Upon every such application for 11 such an order of commitment, notice thereof in writing, of at least five 12 days, together with a copy of the petition, shall be served personally 13 upon the alleged mentally ill person, and in addition thereto such 14 notice and a copy of the petition shall be served upon either the wife, 15 the husband, the father or mother or other nearest relative of such 16 alleged mentally ill person, if there be any such known relative within 17 the state; and if not, such notice shall be served upon any known friend 18 of such alleged mentally ill person within the state. If there be no 19 such known relative or friend within the state, the giving of such 20 notice shall be dispensed with, but in such case the petition for the 21 commitment shall recite the reasons why service of such notice on a 22 relative or friend of the alleged mentally ill person was dispensed with 23 and, in such case, the order for commitment shall recite why service of 24 such a notice on a relative or friend of the alleged mentally ill person 25 was dispensed with. Copies of the notice, the petition and the certif- 26 icates of the examining physicians shall also be given the mental 27 hygiene legal service. The mental hygiene legal service shall inform the 28 [inmate] incarcerated individual and, in proper cases, others interested 29 in the [inmate's] incarcerated individual's welfare, of the procedures 30 for placement in a hospital and of the [inmate's] incarcerated individ- 31 ual's right to have a hearing, to have judicial review with a right to a 32 jury trial, to be represented by counsel and to seek an independent 33 medical opinion. The mental hygiene legal service shall have personal 34 access to such [inmate] incarcerated individual for such purposes. 35 9. Except as provided in subdivision two of this section pertaining to 36 prisoners confined in the city of New York, an [inmate] incarcerated 37 individual of a correctional facility or a county jail may be admitted 38 on an emergency basis to the Central New York Psychiatric Center upon 39 the certification by two examining physicians, including physicians 40 employed by the office of mental health and associated with the correc- 41 tional facility in which such [inmate] incarcerated individual is 42 confined, that the [inmate] incarcerated individual suffers from a 43 mental illness which is likely to result in serious harm to himself, 44 herself or others as defined in subdivision (a) of section 9.39 of the 45 mental hygiene law. Any person so committed shall be delivered by the 46 superintendent within a twenty-four hour period, to the director of the 47 appropriate hospital as designated in the rules and regulations of the 48 office of mental health. Upon delivery of such person to a hospital 49 operated by the office of mental health, a proceeding under this section 50 shall immediately be commenced. 51 13. Notwithstanding any provision of law to the contrary, when an 52 [inmate] incarcerated individual is being examined in anticipation of 53 his or her conditional release, release to parole supervision, or when 54 his or her sentence to a term of imprisonment expires, the provisions of 55 subdivision one of section four hundred four of this article shall be 56 applicable and such commitment shall be effectuated in accordance withA. 7866 110 1 the provisions of article nine or ten of the mental hygiene law, as 2 appropriate. 3 § 196. Section 403 of the correction law, as added by chapter 766 of 4 the laws of 1976, is amended to read as follows: 5 § 403. Department or superintendent to provide certain records. The 6 department or superintendent shall furnish to the department of mental 7 hygiene a copy of the health and psychiatric records and a sentence 8 calculation for each [inmate] incarcerated individual placed in a hospi- 9 tal. The sentence calculation shall include the maximum expiration date 10 and tentative conditional release date and the parole eligibility or 11 release consideration hearing date. Such records shall be furnished to 12 the director of the hospital upon delivery of the [inmate] incarcerated 13 individual. 14 § 197. Section 404 of the correction law, as added by chapter 766 of 15 the laws of 1976, subdivision 1 as amended by chapter 7 of the laws of 16 2007, subdivision 3 as added by chapter 1 of the laws of 2013, and 17 subdivision 4 as added by chapter 548 of the laws of 2014, is amended to 18 read as follows: 19 § 404. Disposition of mentally ill [inmates] incarcerated individuals 20 upon release to parole, conditional release, or expiration of sentence. 21 1. Whenever an [inmate] incarcerated individual committed to a hospital 22 in the department of mental hygiene or whenever an [inmate] incarcerated 23 individual is examined in anticipation of his or her conditional 24 release, release to parole supervision, or when his or her sentence to a 25 term of imprisonment expires and such [inmate] incarcerated individual 26 shall continue to be mentally ill and in need of care and treatment at 27 the time of his or her conditional release, release to parole super- 28 vision, or when his or her sentence to a term of imprisonment expires, 29 the director of the hospital or the superintendent of a correctional 30 facility may apply for the person's admission to a hospital for the care 31 and treatment of the mentally ill in the department of mental hygiene 32 pursuant to article nine of the mental hygiene law, or alternatively, 33 the commissioner may apply for the person's admission to a secure treat- 34 ment facility pursuant to article ten of the mental hygiene law. 35 2. The director may discharge any [inmate] incarcerated individual at 36 the expiration of the term for which he or she was sentenced who is 37 still mentally ill, but who, in the opinion of the director, is reason- 38 ably safe to be at large. Such discharged [inmate] incarcerated individ- 39 ual shall be entitled to suitable clothing adapted to the season in 40 which he or she is discharged, and if it cannot be otherwise obtained, 41 the business officer, or other officer having like duties shall, upon 42 the order of the director, or of the commissioner of mental hygiene, as 43 the case may be, furnish the same, and money in an amount to be fixed by 44 such commissioner with the approval of the director of the budget, to 45 defray his or her expenses until he or she can reach his or her rela- 46 tives or friends, or find employment to earn a subsistence. 47 3. Within a reasonable period prior to discharge of an [inmate] incar- 48 cerated individual committed from a state correctional facility from a 49 hospital in the department of mental hygiene to the community, the 50 director shall ensure that a clinical assessment has been completed to 51 determine whether the [inmate] incarcerated individual meets the crite- 52 ria for assisted outpatient treatment pursuant to subdivision (c) of 53 section 9.60 of the mental hygiene law. If, as a result of such assess- 54 ment, the director determines that the [inmate] incarcerated individual 55 meets such criteria, prior to discharge the director of the hospital 56 shall either petition for a court order pursuant to section 9.60 of theA. 7866 111 1 mental hygiene law, or report in writing to the director of community 2 services of the local governmental unit in which the [inmate] incarcer- 3 ated individual is expected to reside so that an investigation may be 4 conducted pursuant to section 9.47 of the mental hygiene law. 5 4. Every [inmate] incarcerated individual who has received mental 6 health treatment pursuant to this article within three years of his or 7 her anticipated release date from a state correctional facility shall be 8 provided with mental health discharge planning and, when necessary, an 9 appointment with a mental health professional in the community who can 10 prescribe medications following discharge and sufficient mental health 11 medications and prescriptions to bridge the period between discharge and 12 such time as such mental health professional may assume care of the 13 patient. [Inmates] Incarcerated individuals who have refused mental 14 health treatment may also be provided mental health discharge planning 15 and any necessary appointment with a mental health professional. 16 § 198. The opening paragraph of paragraph (a), subparagraphs 4 and 8 17 of paragraph (b) and subparagraph 2 of paragraph (c) of subdivision 7, 18 the opening paragraph of paragraph (c) and the closing paragraph of 19 subdivision 8, the opening paragraph of subdivision 9 and subdivision 13 20 of section 500-b of the correction law, subparagraphs 4 and 8 of para- 21 graph (b) of subdivision 7 and the opening paragraph of paragraph (c) of 22 subdivision 8 as added by chapter 907 of the laws of 1984, the opening 23 paragraph of paragraph (a) and subparagraph 2 of paragraph (c) of subdi- 24 vision 7, the closing paragraph of subdivision 8 and the opening para- 25 graph of subdivision 9 as amended by chapter 574 of the laws of 1985, 26 and subdivision 13 as amended by section 3 of part M of chapter 55 of 27 the laws of 2014, are amended to read as follows: 28 Consistent with the commission's rules and regulations regarding the 29 assignment of [inmates] incarcerated individuals to housing units, the 30 chief administrative officer shall exercise good judgment and discretion 31 and shall take all reasonable steps to ensure that the assignment of 32 persons to facility housing units: 33 (4) prior history of a hostile relationship with another [inmate] 34 incarcerated individual; 35 (8) any other information concerning the safety or welfare of the 36 [inmate] incarcerated individual. 37 (2) determinations made upon an interview with an [inmate] incarcerat- 38 ed individual at the time of classification; 39 where it is determined that the county does not have an approved 40 service plan in effect pursuant to article thirteen-A of the executive 41 law or is found to be in non-compliance therewith, as provided in 42 section two hundred sixty-three of such law, it shall prohibit the 43 commingling of any of the following categories of [inmates] incarcerated 44 individuals: 45 Notwithstanding the provisions of this subdivision to the contrary, 46 classification as authorized pursuant to this section may occur without 47 compliance with paragraphs (b) and (c) of this subdivision for a period 48 not to exceed six months immediately following the submission of a plan 49 to the division pursuant to section two hundred sixty-two of the execu- 50 tive law. During such six month period the commission shall undertake to 51 review, observe and assess the classification of [inmates] incarcerated 52 individuals in local correctional facilities as authorized under this 53 section to thereby ascertain safeguards which should be incorporated in 54 its rules and regulations. Further, during such six month period in 55 which such classification shall be permitted pursuant to this subdivi- 56 sion, the commission shall evaluate whether a local correctional facili-A. 7866 112 1 ty is in substantial noncompliance with rules and regulations regarding 2 the requirements specified in paragraphs (a), (b) and (c) of this subdi- 3 vision and shall determine at the end of such six month period whether 4 substantial noncompliance exists. At the expiration of the six month 5 period if the commission finds a local facility in substantial noncom- 6 pliance, the commission shall order that the prohibition set forth in 7 this subdivision immediately take effect. The commissioner shall advise 8 the chief administrative officer of such facility of the specific nature 9 of the noncompliance and the specific measures which should be undertak- 10 en to remedy the noncompliance. When such measures have been imple- 11 mented, the chief administrative officer shall certify same to the 12 commissioner and upon the verification thereof by the commissioner, 13 shall permit the chief administrative officer to classify [inmates] 14 incarcerated individuals as provided under this section. In the event 15 substantial noncompliance is not found at the expiration of the six 16 month period, then the local correctional facility may continue to clas- 17 sify [inmates] incarcerated individuals as authorized in this section. 18 The chief administrative officer shall forward to the commission a 19 quarterly report relative to the housing of [inmates] incarcerated indi- 20 viduals. The report shall include, but not be limited to: 21 13. Where in the opinion of the chief administrative officer an emer- 22 gency overcrowding condition exists in a local correctional facility 23 caused in part by the prohibition against the commingling of persons 24 under eighteen years of age with persons eighteen years of age or older 25 or the commingling of persons eighteen years of age or older with 26 persons under eighteen years of age, the chief administrative officer 27 may apply to the commission for permission to commingle the aforemen- 28 tioned categories of [inmates] incarcerated individuals for a period not 29 to exceed thirty days as provided herein. The commission shall acknowl- 30 edge to the chief administrative officer the receipt of such application 31 upon its receipt. The chief administrative officer shall be permitted to 32 commingle such [inmates] incarcerated individuals upon acknowledgment of 33 receipt of the application by the commission. The commission shall 34 assess the application within seven days of receipt. The commission 35 shall deny any such application and shall prohibit the continued commin- 36 gling of such [inmates] incarcerated individuals where it has found that 37 the local correctional facility does not meet the criteria set forth in 38 this subdivision and further is in substantial noncompliance with mini- 39 mum staffing requirements as provided in commission rules and regu- 40 lations. In addition, the commission shall determine whether the commin- 41 gling of such [inmates] incarcerated individuals presents a danger to 42 the health, safety or welfare of any such [inmate] incarcerated individ- 43 ual. If no such danger exists the chief administrative officer may 44 continue the commingling until the expiration of the aforementioned 45 thirty day period or until such time as he or she determines that the 46 overcrowding which necessitated the commingling no longer exists, which- 47 ever occurs first. In the event the commission determines that such 48 danger exists, it shall immediately notify the chief administrative 49 officer, and the commingling of such [inmates] incarcerated individuals 50 shall cease. Such notification shall include specific measures which 51 should be undertaken by the chief administrative officer, to correct 52 such dangers. The chief administrative officer may correct such dangers 53 and reapply to the commission for permission to commingle; however, no 54 commingling may take place until such time as the commission certifies 55 that the facility is now in compliance with the measures set forth in 56 the notification under this subdivision. When such certification hasA. 7866 113 1 been received by the chief administrative officer, the commingling may 2 continue for thirty days, less any time during which the chief adminis- 3 trative officer commingled such [inmates] incarcerated individuals 4 following his or her application to the commission, or until such time 5 as he determines that the overcrowding which necessitated the commin- 6 gling no longer exists, whichever occurs first. The chief administrative 7 officer may apply for permission to commingle such [inmates] incarcerat- 8 ed individuals for up to two additional thirty day periods, in conformi- 9 ty with the provisions and the requirements of this subdivision, in a 10 given calendar year. For the period ending December thirtieth, nineteen 11 hundred eighty-four, a locality may not apply for more than one thirty 12 day commingling period. 13 § 199. Subdivisions 7 and 8 of section 500-c of the correction law, as 14 amended by section 43 of part A-1 of chapter 56 of the laws of 2010, are 15 amended to read as follows: 16 7. A sheriff, the New York city commissioner of correction, or the 17 Westchester county commissioner of correction, as the case may be, shall 18 maintain an institutional fund account on behalf of every lawfully 19 sentenced [inmate] incarcerated individual or prisoner in his or her 20 custody and shall for the benefit of the person make deposits into said 21 accounts of any prisoner funds. As used in this section, the term "pris- 22 oner funds" means (i) funds in the possession of the prisoner at the 23 time of admission into the institution; (ii) funds earned by a prisoner 24 as provided in section one hundred eighty-seven of this chapter; and 25 (iii) any other funds received by or on behalf of the prisoner and 26 deposited with such sheriff or municipal official in accordance with the 27 written procedures established by the commission. Whenever the total 28 value of unencumbered funds in a prisoner's account exceeds ten thousand 29 dollars, such sheriff or official shall give written notice to the 30 office of victim services. 31 8. A sheriff, the New York city commissioner of correction, or the 32 Westchester county commissioner of correction, as the case may be, shall 33 provide written notice to all [inmates] incarcerated individuals serving 34 a definite sentence for a specified crime defined in paragraph (e) of 35 subdivision one of section six hundred thirty-two-a of the executive law 36 who may be subject to any requirement to report to the office of victim 37 services any funds of a convicted person as defined in section six 38 hundred thirty-two-a of the executive law, the procedures for such 39 reporting and any potential penalty for a failure to comply. 40 § 200. Subdivision 3 of section 500-d of the correction law, as 41 amended by chapter 256 of the laws of 2010, is amended to read as 42 follows: 43 (3) Such keeper may, with the consent of the board of supervisors of 44 the county, or the county judge, from time to time, cause such of the 45 convicts under his or her charge as are capable of hard labor, to be 46 employed outside of the jail in the same, or in an adjoining county, 47 upon such terms as may be agreed upon between the keepers and the offi- 48 cers, or persons, under whose direction such convicts shall be placed, 49 subject to such regulations as the board or judge may prescribe; and the 50 board of supervisors of the several counties are authorized to employ 51 convicts under sentence to confinement in the county jails, in building 52 and repairing penal institutions of the county and in building and 53 repairing the highways in their respective counties or in preparing the 54 materials for such highways for sale to and for the use of the state, 55 counties, towns, villages or cities, and in cutting wood and performing 56 other work which is commonly carried on at a prison camp, and to makeA. 7866 114 1 rules and regulations for their employment; and the said board of super- 2 visors are hereby authorized to cause money to be raised by taxation for 3 the purpose of furnishing materials and carrying this provision into 4 effect; and the courts of this state are hereby authorized to sentence 5 convicts committed to detention in the county jails to such hard labor 6 as may be provided for them by the boards of supervisors. This section 7 as amended shall not affect a county wholly included within a city. 8 Notwithstanding any other provision of law, an [inmate] incarcerated 9 individual may be permitted to leave the institution under guard to 10 voluntarily perform work for a nonprofit organization pursuant to this 11 subdivision. As used in this section, the term "nonprofit organization" 12 means an organization operated exclusively for religious, charitable, or 13 educational purposes, no part of the net earnings of which inures to the 14 benefit of any private shareholder or individual. 15 § 201. Section 500-h of the correction law, as added by chapter 481 of 16 the laws of 1991, is amended to read as follows: 17 § 500-h. Payment of costs for medical and dental services. 1. Diag- 18 noses, tests, studies or analyses for the diagnosis of a disease or 19 disability, and care and treatment by a hospital, as defined in article 20 twenty-eight of the public health law, or by a physician, or by a 21 dentist to [inmates] incarcerated individuals of a local correctional 22 facility which are provided by a county or the city of New York shall be 23 available without cost or charge to the [inmates] incarcerated individ- 24 uals receiving such examinations, care or treatment. 25 2. Notwithstanding the provisions of subdivision one of this section, 26 any county or the city of New York may, by local law, provide that such 27 entity may be reimbursed for costs paid pursuant to subdivision one of 28 this section from any third party coverage or indemnification carried by 29 an [inmate] incarcerated individual. Such third party coverage or 30 indemnification shall first be applied against the total cost to the 31 hospital or other provider as established in accordance with the 32 provisions of section twenty-eight hundred seven of the public health 33 law relating to rates of payment of an individual's care and treatment, 34 as provided herein. 35 § 202. Section 500-k of the correction law, as amended by chapter 2 of 36 the laws of 2008, is amended to read as follows: 37 § 500-k. Treatment of [inmates] incarcerated individuals. Subdivisions 38 five and six of section one hundred thirty-seven of this chapter, except 39 paragraphs (d) and (e) of subdivision six of such section, relating to 40 the treatment of [inmates] incarcerated individuals in state correction- 41 al facilities are applicable to [inmates] incarcerated individuals 42 confined in county jails; except that the report required by paragraph 43 (f) of subdivision six of such section shall be made to a person desig- 44 nated to receive such report in the rules and regulations of the state 45 commission of correction, or in any county or city where there is a 46 department of correction, to the head of such department. 47 § 203. The section heading and subdivision 2 of section 500-o of the 48 correction law, as added by chapter 573 of the laws of 2011, are amended 49 to read as follows: 50 Agreements for custody of [inmates] incarcerated individuals from 51 other states. 52 2. [Inmates] Incarcerated individuals who are confined in a local 53 correctional facility pursuant to an agreement under this section shall 54 be dealt with in all respects in the same manner as [inmates] incarcer- 55 ated individuals committed to the custody of a local correctional facil- 56 ity pursuant to paragraph (e) of subdivision one of section fiveA. 7866 115 1 hundred-a of this article. All rules and regulations promulgated by the 2 commission regarding the treatment of [inmates] incarcerated individuals 3 confined in a local correctional facility shall be applicable to 4 [inmates] incarcerated individuals confined pursuant to this section. An 5 [inmate] incarcerated individual confined in a local correctional facil- 6 ity pursuant to an agreement under this section shall not be deprived of 7 any legal rights which such [inmate] incarcerated individual would have 8 had if confined in a correctional institution in the jurisdiction in 9 which he or she was convicted. 10 § 204. Subdivision 2 of section 501 of the correction law, as added by 11 chapter 122 of the laws of 2017, is amended to read as follows: 12 2. Notwithstanding subdivision one of this section, a county board of 13 supervisors may instead procure the services of a professional partner- 14 ship, a professional service corporation, a professional service limited 15 liability company or a registered limited liability company, duly 16 authorized to practice medicine in the state, for the purpose of provid- 17 ing health services to the [inmates] incarcerated individuals of the 18 jail, provided that one physician from any such professional partner- 19 ship, professional services corporation, professional service limited 20 liability company or registered limited liability company shall be 21 designated by the board to act as the chief medical officer of the jail. 22 § 205. Subdivisions 1 and 2 of section 504 of the correction law, 23 subdivision 1 as amended by chapter 799 of the laws of 1974 and subdivi- 24 sion 2 as amended by section 28 of subpart B of part C of chapter 62 of 25 the laws of 2011, are amended to read as follows: 26 1. If there is no jail in a county, or the jail becomes unfit or 27 unsafe for the confinement of some or all of the [inmates] incarcerated 28 individuals, civil or criminal, or is destroyed by fire or otherwise, or 29 if a pestilential disease breaks out in the jail or in the vicinity of 30 the jail and the physician to the jail certifies that it is likely to 31 endanger the health of any or all of the [inmates] incarcerated individ- 32 uals in the jail, the state commission of correction, upon application, 33 must, by an instrument in writing, filed with the clerk of the county, 34 designate another suitable place within the county, or the jail of any 35 other county, for the confinement of some or all of the [inmates] incar- 36 cerated individuals, as the case requires. The place so designated ther- 37 eupon becomes, to all intents and purposes, except as otherwise 38 prescribed in this article, the jail of the county for which it has been 39 so designated, and the purposes expressed in the instrument designating 40 the same. The designation may be amended, modified or revoked by the 41 state commission of correction by a subsequent instrument in writing 42 filed with the clerk of the county. 43 2. Where the jail in a county becomes unfit or unsafe for the confine- 44 ment of some or all of the [inmates] incarcerated individuals due to an 45 [inmate] incarcerated individual disturbance or other extraordinary 46 circumstances, including but not limited to a natural disaster, unantic- 47 ipated deficiencies in the structural integrity of a facility or the 48 inability to provide one or more [inmates] incarcerated individuals with 49 essential services such as medical care, upon the request of the munici- 50 pal official as defined in subdivision four of section forty of this 51 chapter and no other suitable place within the county nor the jail of 52 any other county is immediately available to house some or all of the 53 [inmates] incarcerated individuals, the commissioner of corrections and 54 community supervision may, in his or her sole discretion, make avail- 55 able, upon such terms and conditions as he or she may deem appropriate, 56 all or any part of a state correctional institution for the confinementA. 7866 116 1 of some or all of such [inmates] incarcerated individuals as an adjunct 2 to the county jail for a period not to exceed thirty days. However, if 3 the county jail remains unfit or unsafe for the confinement of some or 4 all of such [inmates] incarcerated individuals beyond thirty days, the 5 state commission of correction, with the consent of the commissioner of 6 corrections and community supervision, may extend the availability of a 7 state correctional institution for one or more additional thirty day 8 periods. The state commission of correction shall promulgate rules and 9 regulations governing the temporary transfer of [inmates] incarcerated 10 individuals to state correctional institutions from county jails, 11 including but not limited to provisions for confinement of such 12 [inmates] incarcerated individuals in the nearest correctional facility, 13 to the maximum extent practicable, taking into account necessary securi- 14 ty. The commissioner of corrections and community supervision may, in 15 his or her sole discretion, based on standards promulgated by the 16 department, determine whether a county shall reimburse the state for any 17 or all of the actual costs of confinement as approved by the director of 18 the division of the budget. On or before the expiration of each thirty 19 day period, the state commission of correction must make an appropriate 20 designation pursuant to subdivision one of this section if the county 21 jail remains unfit or unsafe for the confinement of some or all of the 22 [inmates] incarcerated individuals and consent to the continued avail- 23 ability of a state correctional institution as required for herein. The 24 superintendence, management and control of a state correctional institu- 25 tion or part thereof made available pursuant hereto and the [inmates] 26 incarcerated individuals housed therein shall be as directed by the 27 commissioner of corrections and community supervision. 28 § 206. Subdivisions 1, 3 and 4 of section 505 of the correction law, 29 as added by chapter 437 of the laws of 2013, are amended to read as 30 follows: 31 1. Where an [inmate] incarcerated individual who is not yet eighteen 32 years of age has been committed to the custody of the sheriff or other 33 person in charge of a local correctional facility and no medical consent 34 has been obtained prior to commitment, the commitment order shall be 35 deemed to grant to the minor the capacity to consent to routine medical, 36 dental and mental health services and treatment to himself or herself. 37 3. (a) At any time prior to the date the [inmate] incarcerated indi- 38 vidual becomes eighteen years of age, the [inmate's] incarcerated indi- 39 vidual's parent or legal guardian may institute legal proceedings pursu- 40 ant to section 70.20 of the penal law objecting to the provision of 41 routine medical, dental or mental health services and treatment being 42 provided to the [inmate] incarcerated individual. 43 (b) A notice of motion shall be served on the [inmate] incarcerated 44 individual and the sheriff or other person in charge of the local 45 correctional facility not less than seven days prior to the return date 46 of the motion. The person on whom the notice of motion is served shall 47 answer the motion not less than two days before the return date. On 48 examining the motion and answer and, in its discretion, after hearing 49 argument, the court shall enter an order, granting or denying the 50 motion. 51 4. Nothing in this section shall preclude an [inmate] incarcerated 52 individual from consenting on his or her own behalf to any medical, 53 dental or mental health services and treatment where otherwise author- 54 ized by law to do so.A. 7866 117 1 § 207. Subdivision 1 and paragraph a of subdivision 2 of section 508 2 of the correction law, as amended by chapter 196 of the laws of 2017, 3 are amended to read as follows: 4 1. A sheriff, in his or her discretion, may by written order permit 5 [inmates] incarcerated individuals confined in a local correctional 6 facility to receive medical diagnosis and treatment in outside hospi- 7 tals, upon the determination that such outside treatment and diagnosis 8 is necessary by reason of inadequate facilities within the local correc- 9 tional facility. Such [inmates] incarcerated individuals shall remain 10 under the jurisdiction and in the custody of said sheriff while in a 11 hospital, other than a secure facility, as such term is defined in para- 12 graph b of subdivision two of this section, and said sheriff shall 13 enforce proper measures in each case to safely maintain such jurisdic- 14 tion and custody. 15 a. If a physician to a jail or in case of a vacancy a physician acting 16 as such and the warden or jailer certify in writing that a prisoner 17 confined in a jail, either in a civil cause or upon a criminal charge, 18 is in such a state of mental health that he or she is in need of invol- 19 untary care and treatment and in their opinion should be removed to a 20 psychiatric hospital for treatment, the warden or jailer shall imme- 21 diately notify the director who shall have the responsibility for 22 providing treatment for such prisoner. If such director after examina- 23 tion of the prisoner by an examining physician designated by him or her 24 shall determine that such prisoner is in need of involuntary care and 25 treatment, the director shall file an application for the involuntary 26 hospitalization of such prisoner pursuant to article nine of the mental 27 hygiene law in a hospital or secure facility, as defined in paragraph b 28 of this subdivision, operated by the office of mental health or in the 29 case of a prisoner confined in a jail in a city or county which main- 30 tains or operates a general hospital containing a psychiatric prison 31 ward approved by the office of mental health to such prison ward for 32 care and treatment or to any other psychiatric hospital if such prison 33 ward is filled to capacity. Such application shall be supported by the 34 certificate of two physicians in accordance with the requirements of 35 section 9.27 of the mental hygiene law and thereupon such prisoner shall 36 be admitted forthwith to the hospital or secure facility in which such 37 application is filed, and the procedures of the mental hygiene law 38 governing the hospitalization of such prisoner. The jailer or warden 39 having custody of the prisoner shall deliver the prisoner to the hospi- 40 tal or secure facility with which the director has filed the applica- 41 tion. If such jailer or warden shall certify that such prisoner has a 42 mental illness which is likely to result in serious harm to himself, 43 herself or others and for which care in a psychiatric hospital is appro- 44 priate such jailer or warden shall effect the admission of such prisoner 45 to a hospital or secure facility forthwith in accordance with the 46 provisions of section 9.37 or 9.39 of the mental hygiene law and the 47 hospital shall admit such prisoner. Upon admission of the prisoner, 48 pursuant to section 9.37 or 9.39 of the mental hygiene law, the jailer 49 or warden shall notify the director, the prisoner's attorney, and his or 50 her family, where information about the family is available. While the 51 prisoner is in the hospital, other than a secure facility, he or she 52 shall remain in the custody under sufficient guard of the jailer or 53 warden in charge of the jail from which he or she came. When the prison- 54 er is in a secure facility, the jailer or warden may transfer custody of 55 the [inmate] incarcerated individual to the commissioner of mental 56 health, pursuant to an agreement between such jailer or warden and suchA. 7866 118 1 commissioner. A prisoner admitted to a psychiatric hospital pursuant to 2 section 9.27, 9.37 or 9.39 of the mental hygiene law may be retained at 3 the hospital or secure facility pursuant to the provisions of the mental 4 hygiene law until he or she has improved sufficiently in his or her 5 mental illness so that hospitalization is no longer necessary or until 6 ordered by the court to be returned to the jail whichever comes first 7 and in either event, the prisoner shall thereupon be returned to jail. 8 The cost of the care and treatment of such prisoners in the hospital or 9 secure facility shall be defrayed in accordance with the provisions of 10 the mental hygiene law in such cases provided. 11 From the time of admission of a prisoner to a hospital under this 12 section the retention of such prisoner for care and treatment shall be 13 subject to the provisions for notice, hearing, review and judicial 14 approval of continued retention or transfer and continued retention 15 provided by article nine of the mental hygiene law for the admission and 16 retention of involuntary patients. 17 § 208. Section 509 of the correction law, as amended by chapter 419 of 18 the laws of 1989, is amended to read as follows: 19 § 509. Absence of [inmate] incarcerated individual for funeral and 20 deathbed visits. The sheriff of a local correctional facility or his or 21 her designee may permit any [inmate] incarcerated individual confined in 22 his or her local correctional facility to attend the funeral of his or 23 her father, mother, guardian or former guardian, child, brother, sister, 24 husband, wife, grandparent, grandchild, ancestral uncle or ancestral 25 aunt within the state, or to visit such individual during his or her 26 illness if death be imminent; but the exercise of such power shall be 27 subject to such rules and regulations as the commission shall prescribe, 28 respecting the granting of such permission, duration of absence from the 29 institution, custody, transportation and care of the [inmate] incarcer- 30 ated individual, and guarding against escape. 31 § 209. The section heading, subdivisions (a), (b) and (e) of section 32 601 of the correction law, the section heading and subdivision (b) as 33 amended by chapter 39 of the laws of 1977, subdivision (a) as amended by 34 section 5 of chapter 177 of the laws of 2011, and subdivision (e) as 35 added by section 2 of part D of chapter 56 of the laws of 2008, are 36 amended to read as follows: 37 Delivery of commitment with [inmate] incarcerated individual; payment 38 of fees for transportation. 39 (a) Whenever an [inmate] incarcerated individual shall be delivered to 40 the superintendent of a state correctional facility pursuant to an inde- 41 terminate or determinate sentence, the officer so delivering such 42 [inmate] incarcerated individual shall deliver to such superintendent, 43 the sentence and commitment or certificate of conviction, or a certified 44 copy thereof, and a copy of any order of protection pursuant to section 45 380.65 of the criminal procedure law received by such officer from the 46 clerk of the court by which such [inmate] incarcerated individual shall 47 have been sentenced, a copy of the report of the probation officer's 48 investigation and report or a detailed statement covering the facts 49 relative to the crime and previous history certified by the district 50 attorney, a copy of the [inmate's] incarcerated individual's fingerprint 51 records, a detailed summary of available medical records, psychiatric 52 records and reports relating to assaults, or other violent acts, 53 attempts at suicide or escape by the [inmate] incarcerated individual 54 while in the custody of the local correctional facility; any such 55 medical or psychiatric records in the possession of a health care 56 provider other than the local correctional facility shall be summarizedA. 7866 119 1 in detail and forwarded by such health care provider to the medical 2 director of the appropriate state correctional facility upon request; 3 the superintendent shall present to such officer a certificate of the 4 delivery of such [inmate] incarcerated individual, and the fees of such 5 officer for transporting such [inmate] incarcerated individual shall be 6 paid from the treasury upon the audit and warrant of the comptroller. 7 Whenever an [inmate] incarcerated individual of the state is delivered 8 to a local facility, the superintendent shall forward summaries of such 9 records to the local facility with the [inmate] incarcerated individual. 10 (b) Whenever an [inmate] incarcerated individual is sentenced by a 11 court of this state to an indeterminate sentence, but the [inmate] 12 incarcerated individual is immediately returned to a correctional facil- 13 ity under the jurisdiction of the United States or of a sister state, 14 the clerk of the court shall immediately send to the commissioner of the 15 department a certified copy of the sentence, a copy of the probation 16 report and a copy of the fingerprint records of the [inmate] incarcerat- 17 ed individual. 18 (e) A copy of any order of protection issued by any court against such 19 [inmate] incarcerated individual pursuant to article five hundred thirty 20 of the criminal procedure law or article eight of the family court act 21 at the time of sentencing or which thereafter be issued shall accompany 22 any commitment. 23 § 209-a. Subdivisions (a) and (b) of section 601 of the correction 24 law, subdivision (a) as amended by section 6 of chapter 177 of the laws 25 of 2011 and subdivision (b) as amended by chapter 738 of the laws of 26 2004, are amended to read as follows: 27 (a) Whenever an [inmate] incarcerated individual shall be delivered to 28 the superintendent of a state correctional facility pursuant to an inde- 29 terminate or determinate sentence, the officer so delivering such 30 [inmate] incarcerated individual shall deliver to such superintendent, 31 the sentence and commitment or certificate of conviction, or a certified 32 copy thereof, and a copy of any order of protection pursuant to section 33 380.65 of the criminal procedure law received by such officer from the 34 clerk of the court by which such [inmate] incarcerated individual shall 35 have been sentenced, a copy of the report of the probation officer's 36 investigation and report or a detailed statement covering the facts 37 relative to the crime and previous history certified by the district 38 attorney, a copy of the [inmate's] incarcerated individual's fingerprint 39 records, a detailed summary of available medical records, psychiatric 40 records and reports relating to assaults, or other violent acts, 41 attempts at suicide or escape by the [inmate] incarcerated individual 42 while in the custody of the local correctional facility; any such 43 medical or psychiatric records in the possession of a health care 44 provider other than the local correctional facility shall be summarized 45 in detail and forwarded by such health care provider to the medical 46 director of the appropriate state correctional facility upon request; 47 the superintendent shall present to such officer a certificate of the 48 delivery of such [inmate] incarcerated individual, and the fees of such 49 officer for transporting such [inmate] incarcerated individual shall be 50 paid from the treasury upon the audit and warrant of the comptroller. 51 Whenever an [inmate] incarcerated individual of the state is delivered 52 to a local facility, the superintendent shall forward summaries of such 53 records to the local facility with the [inmate] incarcerated individual. 54 (b) Whenever an [inmate] incarcerated individual is sentenced by a 55 court of this state to an indeterminate or determinate sentence, but the 56 [inmate] incarcerated individual is immediately returned to a correc-A. 7866 120 1 tional facility under the jurisdiction of the United States or of a 2 sister state, the clerk of the court shall immediately send to the 3 commissioner of the department a certified copy of the sentence, a copy 4 of the probation report and a copy of the fingerprint records of the 5 [inmate] incarcerated individual. 6 § 210. The opening paragraph and subdivision 2 of section 601-d of the 7 correction law, as amended by section 29 of subpart B of part C of chap- 8 ter 62 of the laws of 2011, are amended to read as follows: 9 This section shall apply only to [inmates] incarcerated individuals in 10 the custody of the commissioner, and releasees under the supervision of 11 the department, upon whom a determinate sentence was imposed between 12 September first, nineteen hundred ninety-eight, and the effective date 13 of this section, which was required by law to include a term of post-re- 14 lease supervision: 15 2. Whenever it shall appear to the satisfaction of the department that 16 an [inmate] incarcerated individual in its custody or that a releasee 17 under its supervision, is a designated person, the department shall make 18 notification of that fact to the court that sentenced such person, and 19 to the [inmate] incarcerated individual or releasee. 20 § 211. Section 605-a of the correction law, as amended by section 30 21 of subpart B of part C of chapter 62 of the laws of 2011, is amended to 22 read as follows: 23 § 605-a. Transportation of female [inmates] incarcerated individuals. 24 Whenever any female [inmate] incarcerated individual is conveyed to an 25 institution under the jurisdiction of the state department of 26 corrections and community supervision pursuant to sentence or commit- 27 ment, such female [inmate] incarcerated individual shall be accompanied 28 by at least one female officer. 29 § 212. The section heading and subdivision 1 of section 606 of the 30 correction law, as added by chapter 824 of the laws of 1985, are amended 31 to read as follows: 32 Payment of costs for prosecution of [inmates] incarcerated 33 individuals. 1. When an [inmate] incarcerated individual of an institu- 34 tion of the department is alleged to have committed an offense while an 35 [inmate] incarcerated individual of such institution, the state shall 36 pay all reasonable costs for the prosecution of such offense, including 37 but not limited to, costs for: a grand jury impaneled to hear and exam- 38 ine evidence of such offense, petit jurors, witnesses, the defense of 39 any [inmate] incarcerated individual financially unable to obtain coun- 40 sel in accordance with the provisions of the county law, the district 41 attorney, the costs of the sheriff and the appointment of additional 42 court attendants, officers or other judicial personnel. 43 § 213. Subdivisions 2 and 3 of section 610 of the correction law, as 44 amended by chapter 268 of the laws of 1969, are amended to read as 45 follows: 46 2. This section shall be deemed to apply to every incorporated or 47 unincorporated society for the reformation of its [inmates] incarcerated 48 individuals, as well as houses of refuge, penitentiaries, protectories, 49 reformatories or other correctional institutions, continuing to receive 50 for its use, either public moneys, or a per capita sum from any munici- 51 pality for the support of [inmates] incarcerated individuals. 52 3. The rules and regulations established for the government of the 53 institutions mentioned in this section shall recognize the right of the 54 [inmates] incarcerated individuals to the free exercise of their reli- 55 gious belief, and to worship God according to the dictates of their 56 consciences, including baptism by immersion, in accordance with theA. 7866 121 1 provisions of the constitution; and shall allow religious services on 2 Sunday and for private ministration to the [inmates] incarcerated indi- 3 viduals in such manner as may best carry into effect the spirit and 4 intent of this section and be consistent with the proper discipline and 5 management of the institution; and the [inmates] incarcerated individ- 6 uals of such institutions shall be allowed such religious services and 7 spiritual advice and spiritual ministration from some recognized clergy- 8 man of the denomination or church which said [inmates] incarcerated 9 individuals may respectively prefer or to which they may have belonged 10 prior to their being confined in such institutions; but if any of such 11 [inmates] incarcerated individuals shall be minors under the age of 12 sixteen years, then such services, advice and spiritual ministration 13 shall be allowed in accordance with the methods and rites of the partic- 14 ular denomination or church which the parents or guardians of such 15 minors may select; such services to be held and such advice and minis- 16 tration to be given within the buildings or grounds, whenever possible, 17 where the [inmates] incarcerated individuals are required by law to be 18 confined, in such manner and at such hours as will be in harmony, as 19 aforesaid, with the discipline and the rules and regulations of the 20 institution and secure to such [inmates] incarcerated individuals free 21 exercise of their religious beliefs in accordance with the provisions of 22 this section. In case of a violation of any of the provisions of this 23 section any person feeling himself or herself aggrieved thereby may 24 institute proceedings in the supreme court of the district where such 25 institution is situated, which is hereby authorized and empowered to 26 enforce the provisions of this section. 27 § 214. The section heading, paragraph (c) of subdivision 1 and subdi- 28 vision 2 of section 611 of the correction law, the section heading and 29 subdivision 2 as amended by chapter 242 of the laws of 1930, and para- 30 graph (c) of subdivision 1 as amended by chapter 17 of the laws of 2016, 31 are amended to read as follows: 32 Births to [inmates] incarcerated individuals of correctional insti- 33 tutions and care of children of [inmates] incarcerated individuals of 34 correctional institutions. 35 (c) No restraints of any kind shall be used when such woman is in 36 labor, admitted to a hospital, institution or clinic for delivery, or 37 recovering after giving birth. Any such personnel as may be necessary to 38 supervise the woman during transport to and from and during her stay at 39 the hospital, institution or clinic shall be provided to ensure adequate 40 care, custody and control of the woman, except that no correctional 41 staff shall be present in the delivery room during the birth of a baby 42 unless requested by the medical staff supervising such delivery or by 43 the woman giving birth. The superintendent or sheriff or his or her 44 designee shall cause such woman to be subject to return to such institu- 45 tion or local correctional facility as soon after the birth of her child 46 as the state of her health will permit as determined by the medical 47 professional responsible for the care of such woman. If such woman is 48 confined in a local correctional facility, the expense of such accommo- 49 dation, maintenance and medical care shall be paid by such woman or her 50 relatives or from any available funds of the local correctional facility 51 and if not available from such sources, shall be a charge upon the coun- 52 ty, city or town in which is located the court from which such [inmate] 53 incarcerated individual was committed to such local correctional facili- 54 ty. If such woman is confined in any institution under the control of 55 the department, the expense of such accommodation, maintenance and 56 medical care shall be paid by such woman or her relatives and if notA. 7866 122 1 available from such sources, such maintenance and medical care shall be 2 paid by the state. In cases where payment of such accommodations, main- 3 tenance and medical care is assumed by the county, city or town from 4 which such [inmate] incarcerated individual was committed the payor 5 shall make payment by issuing payment instrument in favor of the agency 6 or individual that provided such accommodations and services, after 7 certification has been made by the head of the institution to which the 8 [inmate] incarcerated individual was legally confined, that the charges 9 for such accommodations, maintenance and medical care were necessary and 10 are just, and that the institution has no available funds for such 11 purpose. 12 2. A child so born may be returned with its mother to the correctional 13 institution in which the mother is confined unless the chief medical 14 officer of the correctional institution shall certify that the mother is 15 physically unfit to care for the child, in which case the statement of 16 the said medical officer shall be final. A child may remain in the 17 correctional institution with its mother for such period as seems desir- 18 able for the welfare of such child, but not after it is one year of age, 19 provided, however, if the mother is in a state reformatory and is to be 20 paroled shortly after the child becomes one year of age, such child may 21 remain at the state reformatory until its mother is paroled, but in no 22 case after the child is eighteen months old. The officer in charge of 23 such institution may cause a child cared for therein with its mother to 24 be removed from the institution at any time before the child is one year 25 of age. He shall make provision for a child removed from the institution 26 without its mother or a child born to a woman [inmate] incarcerated 27 individual who is not returned to the institution with its mother as 28 hereinafter provided. He may, upon proof being furnished by the father 29 or other relatives of their ability to properly care for and maintain 30 such child, give the child into the care and custody of such father or 31 other relatives, who shall thereafter maintain the same at their own 32 expense. If it shall appear that such father or other relatives are 33 unable to properly care for and maintain such child, such officer shall 34 place the child in the care of the commissioner of public welfare or 35 other officer or board exercising in relation to children the power of a 36 commissioner of public welfare of the county from which such [inmate] 37 incarcerated individual was committed as a charge upon such county. The 38 officer in charge of the correctional institution shall send to such 39 commissioner, officer or board a report of all information available in 40 regard to the mother and the child. Such commissioner of public welfare 41 or other officer or board shall care for or place out such child as 42 provided by law in the case of a child becoming dependent upon the coun- 43 ty. 44 § 215. Subdivisions 1 and 2 of section 618 of the correction law, 45 subdivision 1 as amended by chapter 413 of the laws of 1993 and subdivi- 46 sion 2 as amended by chapter 654 of the laws of 1974, are amended to 47 read as follows: 48 1. It shall also be the duty of the commissioner to continue to make 49 or have impressions made of the finger and thumbprints of all [inmates] 50 incarcerated individuals in any of the institutions under the jurisdic- 51 tion of the department; in his or her discretion, to cause said 52 [inmates] incarcerated individuals to be measured and described; and to 53 cause to be obtained and recorded, so far as possible, modus operandi 54 statements of said [inmates] incarcerated individuals. The commissioner 55 shall cause such impressions and measurements of persons confined in 56 state correctional institutions to be made by a person or persons in theA. 7866 123 1 official service of the state in conformity with the system now in use 2 in the division of criminal justice services, and shall prescribe rules 3 and regulations for obtaining and recording such modus operandi state- 4 ments, and for keeping accurate records of such impressions, measure- 5 ments and statements, in the offices of such institutions. 6 2. It is hereby made the duty of the officials having charge of all 7 the penitentiaries and county jails in the state to cause [inmates] 8 incarcerated individuals confined therein under sentence for any crime 9 to be measured and described and the fingerprint impressions of such 10 [inmates] incarcerated individuals to be made according to the rules and 11 methods prescribed by the commissioner of criminal justice services. It 12 shall also be the duty of such officials in charge of such institutions 13 to procure so far as possible modus operandi statements from all such 14 prisoners. And it shall be the duty of such officials to cause dupli- 15 cate records of such measurements, impressions and statements to be 16 made, two copies to be transmitted to the division of criminal justice 17 services within twenty-four hours following the time of the reception of 18 such [inmates] incarcerated individuals in said institutions. 19 § 216. Section 619 of the correction law, as amended by section 31 of 20 subpart B of part C of chapter 62 of the laws of 2011, is amended to 21 read as follows: 22 § 619. Cooperation with authorized agencies of the department of 23 social services. It shall be the duty of an official of any institution 24 under the jurisdiction of the commissioner of corrections and community 25 supervision to cooperate with an authorized agency of the department of 26 social services in making suitable arrangements for an [inmate] incar- 27 cerated individual confined therein to visit with his or her child 28 pursuant to subdivision seven of section three hundred eighty-four-b of 29 the social services law. 30 § 217. Section 622 of the correction law, as added by chapter 7 of the 31 laws of 2007, is amended to read as follows: 32 § 622. Sex offender treatment program. 1. The department shall make 33 available a sex offender treatment program for those [inmates] incarcer- 34 ated individuals who are serving sentences for felony sex offenses, or 35 for other offenses defined in subdivision (p) of section 10.03 of the 36 mental hygiene law, and are identified as having a need for such program 37 in accordance with sections eight hundred three and eight hundred five 38 of this chapter. In developing the treatment program, the department 39 shall give due regard to standards, guidelines, best practices, and 40 qualifications recommended by the office of sex offender management. The 41 department shall make such treatment programs available sufficiently in 42 advance of the time of the [inmate's] incarcerated individual's consid- 43 eration by the case review team, pursuant to section 10.05 of the mental 44 hygiene law, so as to allow the [inmate] incarcerated individual to 45 complete the treatment program prior to that time. 46 2. The primary purpose of the program shall be to reduce the likeli- 47 hood of reoffending by assisting such offenders to control their chain 48 of behaviors that lead to sexual offending. The length of participation 49 for each [inmate] incarcerated individual to achieve successful 50 completion shall be dependent upon the initial assessment of the 51 [inmate's] incarcerated individual's specific needs and the degree of 52 progress made by the [inmate] incarcerated individual as a participant 53 but shall not be less than six months. 54 3. The department's sex offender treatment program shall include resi- 55 dential programs, which shall require that at each correctional facility 56 where the residential program is provided, [inmate] incarcerated indi-A. 7866 124 1 vidual participants shall be housed within the same housing area in 2 order to provide clinically appropriate treatment, and to provide a more 3 structured and controlled setting. 4 4. Each residential program shall be staffed with a licensed psychol- 5 ogist who shall provide clinical supervision to the treatment staff, 6 review, approve and modify treatment plans as appropriate for individual 7 [inmates] incarcerated individuals, provide clinical assessments for 8 participating [inmates] incarcerated individuals, observe and partic- 9 ipate in group sessions and make treatment recommendations. Each resi- 10 dential program shall also be staffed with a licensed clinical social 11 worker or other mental health professional who shall be knowledgeable 12 about the administration of testing instruments that are designed to 13 measure the degree of a sex offender's psychopathy and his or her 14 program needs. The assigned licensed psychologist shall also be know- 15 ledgeable about the application of such testing instruments. 16 5. Any [inmate] incarcerated individual committed to the custody of 17 the department on or after the effective date of this section for a 18 felony sex offense, or for any of the other offenses listed in subdivi- 19 sion (p) of section 10.03 of the mental hygiene law, shall, as soon as 20 practicable, be initially assessed by staff of the office of mental 21 health who shall be knowledgeable regarding the diagnosis, treatment, 22 assessment or evaluation of sex offenders. The assessment shall include, 23 but not be limited to, the determination of the degree to which the 24 [inmate] incarcerated individual presents a risk of violent sexual reci- 25 divism and his or her need for sex offender treatment while in prison. 26 6. Staff of the office of mental health and the office of mental 27 retardation and developmental disabilities may be consulted about the 28 [inmate's] incarcerated individual's treatment needs and may assist in 29 providing any additional treatment services determined to be clinically 30 appropriate to address the [inmate's] incarcerated individual's underly- 31 ing mental abnormality or disorder. Such treatment services shall be 32 provided using professionally accepted treatment protocols. 33 § 218. Section 623 of the correction law, as added by chapter 240 of 34 the laws of 2007, is amended to read as follows: 35 § 623. [Inmate] Incarcerated individual telephone services. 1. Tele- 36 phone services contracts for [inmates] incarcerated individuals in state 37 correctional facilities shall be subject to the procurement provisions 38 as set forth in article eleven of the state finance law provided, howev- 39 er, that when determining the best value of such telephone service, the 40 lowest possible cost to the telephone user shall be emphasized. 41 2. The department shall make available either a "prepaid" or "collect 42 call" system, or a combination thereof, for telephone service. Under the 43 "prepaid" system, funds may be deposited into an account in order to pay 44 for station-to-station calls, provided that nothing in this subdivision 45 shall require the department to provide or administer a prepaid system. 46 Under a "collect call" system, call recipients are billed for the cost 47 of an accepted telephone call initiated by an [inmate] incarcerated 48 individual. Under such "collect call" system, the provider of [inmate] 49 incarcerated individual telephone service, as an additional means of 50 payment, must permit the recipient of [inmate] incarcerated individual 51 calls to establish an account with such provider in order to deposit 52 funds to pay for such collect calls in advance. 53 3. The department shall not accept or receive revenue in excess of its 54 reasonable operating cost for establishing and administering such tele- 55 phone system services as provided in subdivisions one and two of this 56 section.A. 7866 125 1 4. The department shall establish rules and regulations or depart- 2 mental procedures to ensure that any [inmate] incarcerated individual 3 phone call system established by this section provides reasonable secu- 4 rity measures to preserve the safety and security of each correctional 5 facility, all staff and all persons outside a facility who may receive 6 [inmate] incarcerated individual phone calls. 7 § 219. Section 624 of the correction law, as added by chapter 447 of 8 the laws of 2016, is amended to read as follows: 9 § 624. Next of kin; death of [inmate] incarcerated individual. The 10 department shall be responsive to inquiries from the next of kin and 11 other person designated as the representative of any [inmate] incarcer- 12 ated individual whose death takes place during custody regarding the 13 circumstances surrounding the death of such [inmate] incarcerated indi- 14 vidual, the medical procedures used and the cause of death including 15 preliminary determinations and final determination as reported by an 16 autopsy report. The next of kin and other person designated as a repre- 17 sentative shall be identified from the emergency contact information 18 previously provided by the [inmate] incarcerated individual to the 19 department. 20 § 220. Subdivisions 2, 3 and 4 of section 631 of the correction law, 21 subdivision 2 as separately amended by chapters 411 and 622 of the laws 22 of 1973 and subdivisions 3 and 4 as amended by chapter 622 of the laws 23 of 1973, are amended to read as follows: 24 2. "Eligible [inmate] incarcerated individual" means a person confined 25 in a city prison or reformatory in a city having a population of one 26 million or more or in a county jail and penitentiaries of a county which 27 elects to have this article apply thereto where a furlough program has 28 been established who is sentenced to a definite period of six months or 29 more or to a reformatory sentence of imprisonment and has served a mini- 30 mum of six months of any such sentence. 31 3. "Furlough program" means a program under which eligible [inmates] 32 incarcerated individuals may be granted the privilege of leaving the 33 premises of a prison for a period not exceeding seventy-two hours for 34 the purpose of seeking employment, maintaining family ties, solving 35 family problems, to undergo surgery or to receive medical treatment or 36 dental treatment not available in the correctional institution, or for 37 any matter necessary to the furtherance of any such purposes. 38 4. "Extended bounds of confinement" means the area in which an 39 [inmate] incarcerated individual participating in a furlough program may 40 travel, the routes he or she is permitted to use, the places he or she 41 is authorized to visit, and the hours, days, or specially defined period 42 during which he or she is permitted to be absent from the premises of 43 the institution. An extension of limits shall be under such prescribed 44 conditions as the commissioner deems necessary. Such extension of limits 45 may be withdrawn at any time. 46 § 221. Section 632 of the correction law, as added by chapter 886 of 47 the laws of 1972, is amended to read as follows: 48 § 632. Establishment of a furlough program. [1.] The commissioner 49 shall designate, in the rules and regulations of the department; appro- 50 priate employees or an appropriate unit of the department, to be respon- 51 sible for [(a)] (i) securing education, on-the-job training and employ- 52 ment opportunities for [inmates] incarcerated individuals who are 53 eligible to participate in a furlough program and [(b)] (ii) supervising 54 [inmates] incarcerated individuals during their participation in a 55 furlough program outside the premises of the institution.A. 7866 126 1 § 222. The section heading and subdivisions 1, 2, 6 and 7 of section 2 633 of the correction law, the section heading and subdivisions 2, 6 and 3 7 as added by chapter 886 of the laws of 1972, and subdivision 1 as 4 amended by chapter 622 of the laws of 1973, are amended to read as 5 follows: 6 Procedure for furlough release of eligible [inmates] incarcerated 7 individuals. 1. A person confined in a city prison or a county jail and 8 penitentiaries of a county which elects to have this article apply ther- 9 eto who is, or who within thirty days will become, an eligible [inmate] 10 incarcerated individual, may make application to the furlough release 11 committee of the institution for permission to participate in a furlough 12 program. 13 2. Any eligible [inmate] incarcerated individual may make application 14 to the furlough committee for leave of absence provided, however, that 15 in exigent circumstances such application may be made directly to the 16 warden of the institution and the warden may exercise all of the powers 17 of the furlough committee subject, however, to any limitations or 18 requirements set forth in the rules and regulations of the department 19 and subject further to the discretion of the commissioner. 20 6. After approving the program of furlough, the warden may then permit 21 an eligible [inmate] incarcerated individual who has accepted such 22 program to go outside the premises of the institution within the limits 23 of the extended bounds of confinement described in the memorandum; 24 provided, however, that no such permission shall become effective in the 25 case of a furlough program prior to the time at which the person to be 26 released becomes an eligible [inmate] incarcerated individual. 27 7. Participation in a furlough release program shall be a privilege. 28 Nothing contained in this article may be construed to confer upon any 29 [inmate] incarcerated individual the right to participate, or to contin- 30 ue to participate in a furlough program. The warden of the institution 31 may at any time, and upon recommendation of the furlough committee or of 32 the commissioner, revoke any [inmate's] incarcerated individual's privi- 33 lege to participate in a program of furlough. 34 § 223. Section 634 of the correction law, as added by chapter 886 of 35 the laws of 1972, subdivisions 1 and 4 as amended by chapter 843 of the 36 laws of 1980 and subdivision 2 as amended by chapter 622 of the laws of 37 1973, is amended to read as follows: 38 § 634. Conduct of [inmates] incarcerated individuals participating in 39 furlough program. 1. An [inmate] incarcerated individual who is permit- 40 ted to leave the premises of an institution to participate in a furlough 41 program shall have on his or her person a copy of the memorandum of that 42 program as signed by the warden of the institution and shall exhibit 43 such copy to any peace officer or police officer upon request of such 44 officer. 45 2. If the [inmate] incarcerated individual violates any provision of 46 the program, or any rule, or regulation promulgated by the commissioner 47 for conduct of [inmates] incarcerated individuals participating in 48 furlough programs, he or she shall be subject to disciplinary measures 49 to the same extent as if he or she violated a rule or regulation of the 50 commissioner for conduct of [inmates] incarcerated individuals within 51 the premises of the institution. 52 3. The provisions of this section relating to good behavior of 53 [inmates] incarcerated individuals while participating in furlough 54 programs outside the premises of institutions, and such allowances may 55 be granted, withheld, forfeited or cancelled in whole or part for behav- 56 ior outside the premises of an institution to the same extent and in theA. 7866 127 1 same manner as is provided for behavior of [inmates] incarcerated indi- 2 viduals within the premises of the institutions. 3 4. An [inmate] incarcerated individual who is in violation of the 4 provisions of his or her furlough program may be taken into custody by 5 any peace officer or police officer and, in such event the [inmate] 6 incarcerated individual shall be returned forthwith to the institution 7 that released him or her. In any case where the institution is in a 8 county other than the one in which the [inmate] incarcerated individual 9 is apprehended, the officer may deliver the [inmate] incarcerated indi- 10 vidual to the nearest institution, jail or lockup and it shall be the 11 duty of the person in charge of said facility to hold such [inmate] 12 incarcerated individual securely until such time as he or she is deliv- 13 ered into the custody of an officer of the institution from which he or 14 she was released. Upon delivering the [inmate] incarcerated individual 15 to an institution, jail or lockup, other than the one from which he or 16 she was released, the officer who apprehended the [inmate] incarcerated 17 individual shall forthwith notify the warden of the institution from 18 which the [inmate] incarcerated individual was released and it shall be 19 the duty of the warden to effect the expeditious return of the [inmate] 20 incarcerated individual to the institution. 21 § 224. Subparagraphs (ii) and (iv) of paragraph (d) of subdivision 1 22 of section 803 of the correction law, as added by section 7 of chapter 23 738 of the laws of 2004, are amended to read as follows: 24 (ii) Such merit time allowance shall not be available to any person 25 serving an indeterminate sentence authorized for an A-I felony offense, 26 other than an A-I felony offense defined in article two hundred twenty 27 of the penal law, or any sentence imposed for a violent felony offense 28 as defined in section 70.02 of the penal law, manslaughter in the second 29 degree, vehicular manslaughter in the second degree, vehicular 30 manslaughter in the first degree, criminally negligent homicide, an 31 offense defined in article one hundred thirty of the penal law, incest, 32 or an offense defined in article two hundred sixty-three of the penal 33 law, or aggravated harassment of an employee by an [inmate] incarcerated 34 individual. 35 (iv) Such merit time allowance may be granted when an [inmate] incar- 36 cerated individual successfully participates in the work and treatment 37 program assigned pursuant to section eight hundred five of this article 38 and when such [inmate] incarcerated individual obtains a general equiv- 39 alency diploma, an alcohol and substance abuse treatment certificate, a 40 vocational trade certificate following at least six months of vocational 41 programming or performs at least four hundred hours of service as part 42 of a community work crew. 43 Such allowance shall be withheld for any serious disciplinary infrac- 44 tion or upon a judicial determination that the person, while an [inmate] 45 incarcerated individual, commenced or continued a civil action, proceed- 46 ing or claim that was found to be frivolous as defined in subdivision 47 (c) of section eight thousand three hundred three-a of the civil prac- 48 tice law and rules, or an order of a federal court pursuant to rule 11 49 of the federal rules of civil procedure imposing sanctions in an action 50 commenced by a person, while an [inmate] incarcerated individual, 51 against a state agency, officer or employee. 52 § 224-a. Subparagraphs (ii) and (iv) of paragraph (d) of subdivision 1 53 of section 803 of the correction law, as added by section 10-a of chap- 54 ter 738 of the laws of 2004, are amended to read as follows: 55 (ii) Such merit time allowance shall not be available to any person 56 serving an indeterminate sentence authorized for an A-I felony offense,A. 7866 128 1 other than an A-I felony offense defined in article two hundred twenty 2 of the penal law, or any sentence imposed for a violent felony offense 3 as defined in section 70.02 of the penal law, manslaughter in the second 4 degree, vehicular manslaughter in the second degree, vehicular 5 manslaughter in the first degree, criminally negligent homicide, an 6 offense defined in article one hundred thirty of the penal law, incest, 7 or an offense defined in article two hundred sixty-three of the penal 8 law, or aggravated harassment of an employee by an [inmate] incarcerated 9 individual. 10 (iv) Such merit time allowance may be granted when an [inmate] incar- 11 cerated individual successfully participates in the work and treatment 12 program assigned pursuant to section eight hundred five of this article 13 and when such [inmate] incarcerated individual obtains a general equiv- 14 alency diploma, an alcohol and substance abuse treatment certificate, a 15 vocational trade certificate following at least six months of vocational 16 programming or performs at least four hundred hours of service as part 17 of a community work crew. 18 Such allowance shall be withheld for any serious disciplinary infrac- 19 tion or upon a judicial determination that the person, while an [inmate] 20 incarcerated individual, commenced or continued a civil action, proceed- 21 ing or claim that was found to be frivolous as defined in subdivision 22 (c) of section eight thousand three hundred three-a of the civil prac- 23 tice law and rules, or an order of a federal court pursuant to rule 11 24 of the federal rules of civil procedure imposing sanctions in an action 25 commenced by a person, while an [inmate] incarcerated individual, 26 against a state agency, officer or employee. 27 § 225. The section heading, clauses (A) and (C) of subparagraph (ii) 28 of paragraph (b), paragraphs (c) and (e) of subdivision 1 and subdivi- 29 sion 3 of section 803-b of the correction law, the section heading, 30 clauses (A) and (C) of subparagraph (ii) of paragraph (b), paragraph (e) 31 of subdivision 1 and subdivision 3 as added by section 4 of part L of 32 chapter 56 of the laws of 2009 and paragraph (c) of subdivision 1 as 33 amended by section 1 of part E of chapter 55 of the laws of 2017, are 34 amended to read as follows: 35 Limited credit time allowances for [inmates] incarcerated individuals 36 serving indeterminate or determinate sentences imposed for specified 37 offenses. 38 (A) in the case of an eligible offender who is not subject to an inde- 39 terminate sentence with a maximum term of life imprisonment, such offen- 40 der shall be eligible for conditional release six months earlier than as 41 provided by paragraph (b) of subdivision one of section 70.40 of the 42 penal law, provided that the department determines such offender has 43 earned the full amount of good time authorized by section eight hundred 44 three of this article; the withholding of any good behavior time credit 45 by the department shall render an [inmate] incarcerated individual inel- 46 igible for the credit defined herein; 47 (C) an [inmate] incarcerated individual shall not be eligible for the 48 credit defined herein if he or she is returned to the department pursu- 49 ant to a revocation of presumptive release, parole, conditional release, 50 or post-release supervision and has not been sentenced to an additional 51 indeterminate or determinate term of imprisonment. 52 (c) "significant programmatic accomplishment" means that the [inmate] 53 incarcerated individual: 54 (i) participates in no less than two years of college programming; or 55 (ii) obtains a masters of professional studies degree; orA. 7866 129 1 (iii) successfully participates as an [inmate] incarcerated individual 2 program associate for no less than two years; or 3 (iv) receives a certification from the state department of labor for 4 his or her successful participation in an apprenticeship program; or 5 (v) successfully works as an [inmate] incarcerated individual hospice 6 aid for a period of no less than two years; or 7 (vi) successfully works in the division of correctional industries' 8 optical program for no less than two years and receives a certification 9 as an optician from the American board of opticianry; or 10 (vii) receives an asbestos handling certificate from the department of 11 labor upon successful completion of the training program and then works 12 in the division of correctional industries' asbestos abatement program 13 as a hazardous materials removal worker or group leader for no less than 14 eighteen months; or 15 (viii) successfully completes the course curriculum and passes the 16 minimum competency screening process performance examination for sign 17 language interpreter, and then works as a sign language interpreter for 18 deaf [inmates] incarcerated individuals for no less than one year; or 19 (ix) successfully works in the puppies behind bars program for a peri- 20 od of no less than two years; or 21 (x) successfully participates in a vocational culinary arts program 22 for a period of no less than two years and earns a servsafe certificate 23 that is recognized by the national restaurant association; or 24 (xi) successfully completes the four hundred ninety hour training 25 program while assigned to a department of motor vehicles call center, 26 and continues to work at such call center for an additional twenty-one 27 months; or 28 (xii) receives a certificate from the food production center in an 29 assigned position following the completion of no less than eight hundred 30 hours of work in such position, and continues to work for an additional 31 eighteen months at the food production center. 32 (e) "disqualifying judicial determination" means a judicial determi- 33 nation that the person, while an [inmate] incarcerated individual, 34 commenced or continued a civil action or proceeding or claim that was 35 found to be frivolous as defined in subdivision (c) of section eight 36 thousand three hundred three-a of the civil practice law and rules, or 37 an order of a federal court pursuant to rule 11 of the federal rules of 38 civil procedure imposing sanctions in an action commenced by a person 39 while an [inmate] incarcerated individual against a state agency, offi- 40 cer or employee. 41 3. No person shall have the right to demand or require the credit 42 authorized by this section. The commissioner may revoke at any time such 43 credit for any disciplinary infraction committed by the [inmate] incar- 44 cerated individual or for any failure to continue to participate 45 successfully in any assigned work and treatment program after the 46 certificate of earned eligibility has been awarded. Any action by the 47 commissioner pursuant to this section shall be deemed a judicial func- 48 tion and shall not be reviewable if done in accordance with law. 49 § 226. Section 805 of the correction law, as amended by section 4 of 50 part E of chapter 62 of the laws of 2003, is amended to read as follows: 51 § 805. Earned eligibility program. Persons committed to the custody of 52 the department under an indeterminate or determinate sentence of impri- 53 sonment shall be assigned a work and treatment program as soon as prac- 54 ticable. No earlier than two months prior to the [inmate's] incarcerated 55 individual's eligibility to be paroled pursuant to subdivision one of 56 section 70.40 of the penal law, the commissioner shall review theA. 7866 130 1 [inmate's] incarcerated individual's institutional record to determine 2 whether he or she has complied with the assigned program. If the commis- 3 sioner determines that the [inmate] incarcerated individual has success- 4 fully participated in the program he or she may issue the [inmate] 5 incarcerated individual a certificate of earned eligibility. Notwith- 6 standing any other provision of law, an [inmate] incarcerated individual 7 who is serving a sentence with a minimum term of not more than eight 8 years and who has been issued a certificate of earned eligibility, shall 9 be granted parole release at the expiration of his or her minimum term 10 or as authorized by subdivision four of section eight hundred sixty-sev- 11 en of this chapter unless the board of parole determines that there is a 12 reasonable probability that, if such [inmate] incarcerated individual is 13 released, he or she will not live and remain at liberty without violat- 14 ing the law and that his or her release is not compatible with the 15 welfare of society. Any action by the commissioner pursuant to this 16 section shall be deemed a judicial function and shall not be reviewable 17 if done in accordance with law. 18 § 226-a. Section 805 of the correction law, as amended by chapter 262 19 of the laws of 1987, is amended to read as follows: 20 § 805. Earned eligibility program. Persons committed to the custody of 21 the department under an indeterminate sentence of imprisonment shall be 22 assigned a work and treatment program as soon as practicable. No earlier 23 than two months prior to the expiration of an [inmate's] incarcerated 24 individual's minimum period of imprisonment, the commissioner shall 25 review the [inmate's] incarcerated individual's institutional record to 26 determine whether he or she has complied with the assigned program. If 27 the commissioner determines that the [inmate] incarcerated individual 28 has successfully participated in the program he or she may issue the 29 [inmate] incarcerated individual a certificate of earned eligibility. 30 Notwithstanding any other provision of law, an [inmate] incarcerated 31 individual who is serving a sentence with a minimum term of not more 32 than six years and who has been issued a certificate of earned eligibil- 33 ity, shall be granted parole release at the expiration of his or her 34 minimum term or as authorized by subdivision four of section eight 35 hundred sixty-seven unless the board of parole determines that there is 36 a reasonable probability that, if such [inmate] incarcerated individual 37 is released, he or she will not live and remain at liberty without 38 violating the law and that his or her release is not compatible with the 39 welfare of society. Any action by the commissioner pursuant to this 40 section shall be deemed a judicial function and shall not be reviewable 41 if done in accordance with law. 42 § 227. Section 806 of the correction law, as added by section 5 of 43 part E of chapter 62 of the laws of 2003, subdivision 3 as amended by 44 section 40 of subpart B of part C of chapter 62 of the laws of 2011 and 45 subdivision 6 as amended by chapter 45 of the laws of 2012, is amended 46 to read as follows: 47 § 806. Presumptive release program for nonviolent [inmates] incarcer- 48 ated individuals. 1. Notwithstanding any other provision of law to the 49 contrary and except as provided in subdivision two of this section, an 50 [inmate] incarcerated individual who has been awarded a certificate of 51 earned eligibility by the commissioner as set forth in section eight 52 hundred five of this article may be entitled to presumptive release at 53 the expiration of the minimum or aggregate minimum period of his or her 54 indeterminate term of imprisonment, provided that: 55 (i) the [inmate] incarcerated individual has not been convicted previ- 56 ously of, nor is presently serving a sentence imposed for a class A-IA. 7866 131 1 felony, a violent felony offense as defined in section 70.02 of the 2 penal law, manslaughter in the second degree, vehicular manslaughter in 3 the second degree, vehicular manslaughter in the first degree, criminal- 4 ly negligent homicide, an offense defined in article one hundred thirty 5 of the penal law, incest, or an offense defined in article two hundred 6 sixty-three of the penal law, 7 (ii) the [inmate] incarcerated individual has not committed any seri- 8 ous disciplinary infraction, and 9 (iii) there has been no judicial determination that the person while 10 an [inmate] incarcerated individual commenced or continued a civil 11 action, proceeding or claim that was found to be frivolous as defined in 12 subdivision (c) of section eight thousand three hundred three-a of the 13 civil practice law and rules, or an order has not been issued by a 14 federal court pursuant to rule 11 of the federal rules of civil proce- 15 dure imposing sanctions in an action commenced by the [inmate] incarcer- 16 ated individual against a state agency, officer or employee. 17 2. In the case of an [inmate] incarcerated individual who meets the 18 criteria set forth in subdivision one of this section and who also meets 19 the criteria for merit time as provided for in paragraph (d) of subdivi- 20 sion one of section eight hundred three of this article, such [inmate] 21 incarcerated individual may be entitled to presumptive release, as 22 provided in this section, at the expiration of five-sixths of the mini- 23 mum or aggregate minimum period of his or her indeterminate term of 24 imprisonment. 25 3. Any [inmate] incarcerated individual eligible for presumptive 26 release pursuant to this section shall be required to apply for such 27 release pursuant to section two hundred six of this chapter. 28 4. The commissioner shall promulgate rules and regulations for the 29 granting, withholding, cancellation and recission of presumptive release 30 authorized by this section in accordance with law. 31 5. No person shall have the right to demand or require presumptive 32 release authorized by this section. The commissioner may revoke at any 33 time an [inmate's] incarcerated individual's scheduled presumptive 34 release pursuant to this section for any disciplinary infraction commit- 35 ted by the [inmate] incarcerated individual or for any failure to 36 continue to participate successfully in any assigned work and treatment 37 program after the certificate of earned eligibility has been awarded. 38 The commissioner may deny presumptive release to any [inmate] incarcer- 39 ated individual whenever the commissioner determines that such release 40 may not be consistent with the safety of the community or the welfare of 41 the [inmate] incarcerated individual. Any action by the commissioner 42 pursuant to this section shall be deemed a judicial function and shall 43 not be reviewable if done in accordance with law. 44 6. Any eligible [inmate] incarcerated individual who is not released 45 pursuant to subdivision one or two of this section shall be considered 46 for discretionary release on parole pursuant to the provisions of 47 section eight hundred five of this article or section two hundred 48 fifty-nine-i of the executive law, whichever is applicable. 49 7. Any reference to parole and conditional release in this chapter 50 shall also be deemed to include presumptive release. 51 § 228. Subdivision 2 of section 851 of the correction law, as amended 52 by chapter 60 of the laws of 1994, the opening paragraph as amended by 53 chapter 320 of the laws of 2006 and the closing paragraph as amended by 54 section 42 of subpart B of part C of chapter 62 of the laws of 2011, is 55 amended to read as follows:A. 7866 132 1 2. "Eligible [inmate] incarcerated individual" means: a person 2 confined in an institution who is eligible for release on parole or who 3 will become eligible for release on parole or conditional release within 4 two years. Provided, however, that a person under sentence for an 5 offense defined in paragraphs (a) and (b) of subdivision one of section 6 70.02 of the penal law, where such offense involved the use or threat- 7 ened use of a deadly weapon or dangerous instrument shall not be eligi- 8 ble to participate in a work release program until he or she is eligible 9 for release on parole or who will be eligible for release on parole or 10 conditional release within eighteen months. Provided, further, however, 11 that a person under a determinate sentence as a second felony drug 12 offender for a class B felony offense defined in article two hundred 13 twenty of the penal law, who was sentenced pursuant to section 70.70 of 14 such law, shall not be eligible to participate in a temporary release 15 program until the time served under imprisonment for his or her determi- 16 nate sentence, including any jail time credited pursuant to the 17 provisions of article seventy of the penal law, shall be at least eigh- 18 teen months. In the case of a person serving an indeterminate sentence 19 of imprisonment imposed pursuant to the penal law in effect after 20 September one, nineteen hundred sixty-seven, for the purposes of this 21 article parole eligibility shall be upon the expiration of the minimum 22 period of imprisonment fixed by the court or where the court has not 23 fixed any period, after service of the minimum period fixed by the state 24 board of parole. If an [inmate] incarcerated individual is denied 25 release on parole, such [inmate] incarcerated individual shall not be 26 deemed an eligible [inmate] incarcerated individual until he or she is 27 within two years of his or her next scheduled appearance before the 28 state parole board. In any case where an [inmate] incarcerated individ- 29 ual is denied release on parole while participating in a temporary 30 release program, the department shall review the status of the [inmate] 31 incarcerated individual to determine if continued placement in the 32 program is appropriate. No person convicted of any escape or absconding 33 offense defined in article two hundred five of the penal law shall be 34 eligible for temporary release. Further, no person under sentence for 35 aggravated harassment of an employee by an [inmate] incarcerated indi- 36 vidual as defined in section 240.32 of the penal law for, any homicide 37 offense defined in article one hundred twenty-five of the penal law, for 38 any sex offense defined in article one hundred thirty of the penal law, 39 or for an offense defined in section 255.25, 255.26 or 255.27 of the 40 penal law shall be eligible to participate in a work release program as 41 defined in subdivision three of this section. Nor shall any person under 42 sentence for any sex offense defined in article one hundred thirty of 43 the penal law be eligible to participate in a community services program 44 as defined in subdivision five of this section. Notwithstanding the 45 foregoing, no person who is an otherwise eligible [inmate] incarcerated 46 individual who is under sentence for a crime involving: (a) infliction 47 of serious physical injury upon another as defined in the penal law or 48 (b) any other offense involving the use or threatened use of a deadly 49 weapon may participate in a temporary release program without the writ- 50 ten approval of the commissioner. The commissioner shall promulgate 51 regulations giving direction to the temporary release committee at each 52 institution in order to aid such committees in carrying out this 53 mandate. 54 The governor, by executive order, may exclude or limit the partic- 55 ipation of any class of otherwise eligible [inmates] incarcerated indi- 56 viduals from participation in a temporary release program. Nothing inA. 7866 133 1 this paragraph shall be construed to affect either the validity of any 2 executive order previously issued limiting the participation of other- 3 wise eligible [inmates] incarcerated individuals in such program or the 4 authority of the commissioner to impose appropriate regulations limiting 5 such participation. 6 § 228-a. Subdivisions 2-a, 3, 4, 5, 6, 7, 8 and 10 of section 851 of 7 the correction law, subdivision 2-a as added by chapter 251 of the laws 8 of 2002, subdivision 3 as amended by chapter 60 of the laws of 1994, 9 subdivisions 4, 5, 6, 7, 8 and 10 as amended by chapter 691 of the laws 10 of 1977 and paragraph (a) of subdivision 6 as amended by chapter 107 of 11 the laws of 1983, are amended to read as follows: 12 2-a. Notwithstanding subdivision two of this section, the term "eligi- 13 ble [inmate] incarcerated individual" shall also include a person 14 confined in an institution who is eligible for release on parole or who 15 will become eligible for release on parole or conditional release within 16 two years, and who was convicted of a homicide offense as defined in 17 article one hundred twenty-five of the penal law or an assault offense 18 defined in article one hundred twenty of the penal law, and who can 19 demonstrate to the commissioner that: (a) the victim of such homicide or 20 assault was a member of the [inmate's] incarcerated individual's immedi- 21 ate family as that term is defined in section 120.40 of the penal law or 22 had a child in common with the [inmate] incarcerated individual; (b) the 23 [inmate] incarcerated individual was subjected to substantial physical, 24 sexual or psychological abuse committed by the victim of such homicide 25 or assault; and (c) such abuse was a substantial factor in causing the 26 [inmate] incarcerated individual to commit such homicide or assault. 27 With respect to an [inmate's] incarcerated individual's claim that he or 28 she was subjected to substantial physical, sexual or psychological abuse 29 committed by the victim, such demonstration shall include corroborative 30 material that may include, but is not limited to, witness statements, 31 social services records, hospital records, law enforcement records and a 32 showing based in part on documentation prepared at or near the time of 33 the commission of the offense or the prosecution thereof tending to 34 support the [inmate's] incarcerated individual's claim. Prior to making 35 a determination under this subdivision, the commissioner is required to 36 request and take into consideration the opinion of the district attorney 37 who prosecuted the underlying homicide or assault offense and the opin- 38 ion of the sentencing court. If such opinions are received within 39 forty-five days of the request, the commissioner shall take them into 40 consideration. If such opinions are not so received, the commissioner 41 may proceed with the determination. Any action by the commissioner 42 pursuant to this subdivision shall be deemed a judicial function and 43 shall not be reviewable in any court. 44 3. "Work release program" means a program under which eligible 45 [inmates] incarcerated individuals may be granted the privilege of leav- 46 ing the premises of an institution for a period not exceeding fourteen 47 hours in any day for the purpose of on-the-job training or employment, 48 or for any matter necessary to the furtherance of any such purposes. No 49 person shall be released into a work release program unless prior to 50 release such person has a reasonable assurance of a job training program 51 or employment. If after release, such person ceases to be employed or 52 ceases to participate in the training program, the [inmate's] incarcer- 53 ated individual's privilege to participate in such work release program 54 may be revoked in accordance with rules and regulations promulgated by 55 the commissioner.A. 7866 134 1 4. "Furlough program" means a program under which eligible [inmates] 2 incarcerated individuals may be granted the privilege of leaving the 3 premises of an institution for a period not exceeding seven days for the 4 purpose of seeking employment, maintaining family ties, solving family 5 problems, seeking post-release housing, attending a short-term educa- 6 tional or vocational training course, or for any matter necessary to the 7 furtherance of any such purposes. 8 5. "Community services program" means a program under which eligible 9 [inmates] incarcerated individuals may be granted the privilege of leav- 10 ing the premises of an institution for a period not exceeding fourteen 11 hours in any day for the purpose of participation in religious services, 12 volunteer work, or athletic events, or for any matter necessary to the 13 furtherance of any such purposes. 14 6. "Leave of absence" means a privilege granted to an [inmate] incar- 15 cerated individual, who need not be an "eligible [inmate] incarcerated 16 individual," to leave the premises of an institution for the period of 17 time necessary: 18 (a) to visit his or her spouse, child, brother, sister, grandchild, 19 parent, grandparent or ancestral aunt or uncle during his or her last 20 illness if death appears to be imminent; 21 (b) to attend the funeral of such individual; 22 (c) to undergo surgery or to receive medical or dental treatment not 23 available in the correctional institution only if deemed absolutely 24 necessary to the health and well-being of the [inmate] incarcerated 25 individual and whose approval is granted by the commissioner or his or 26 her designated representative. 27 7. "Educational leave" means a privilege granted to an eligible 28 [inmate] incarcerated individual to leave the premises of an institution 29 for a period not exceeding fourteen hours in any day for the purpose of 30 education or vocational training, or for any matter necessary to the 31 furtherance of any such purposes. 32 8. "Industrial training leave" means a privilege granted to an eligi- 33 ble [inmate] incarcerated individual to leave the premises of an insti- 34 tution for a period not exceeding fourteen hours in any day for the 35 purpose of participating in an industrial training program, or for any 36 matter necessary to the furtherance of any such purpose. 37 10. "Extended bounds of confinement" means the area in which an 38 [inmate] incarcerated individual participating in a temporary release 39 program may travel, the routes he or she is permitted to use, the places 40 he or she is authorized to visit, and the hours, days, or specially 41 defined period during which he or she is permitted to be absent from the 42 premises of the institution. 43 § 228-b. Subdivision 2 of section 851 of the correction law, as 44 amended by chapter 447 of the laws of 1991, the opening paragraph as 45 amended by chapter 252 of the laws of 2005 and the closing paragraph as 46 amended by section 43 of subpart B of part C of chapter 62 of the laws 47 of 2011, is amended to read as follows: 48 2. "Eligible [inmate] incarcerated individual" means: a person 49 confined in an institution who is eligible for release on parole or who 50 will become eligible for release on parole or conditional release within 51 two years. Provided, that a person under a determinate sentence as a 52 second felony drug offender for a class B felony offense defined in 53 article two hundred twenty of the penal law, who was sentenced pursuant 54 to section 70.70 of such law, shall not be eligible to participate in a 55 temporary release program until the time served under imprisonment for 56 his or her determinate sentence, including any jail time credited pursu-A. 7866 135 1 ant to the provisions of article seventy of the penal law, shall be at 2 least eighteen months. In the case of a person serving an indeterminate 3 sentence of imprisonment imposed pursuant to the penal law in effect 4 after September one, nineteen hundred sixty-seven, for the purposes of 5 this article parole eligibility shall be upon the expiration of the 6 minimum period of imprisonment fixed by the court or where the court has 7 not fixed any period, after service of the minimum period fixed by the 8 state board of parole. If an [inmate] incarcerated individual is denied 9 release on parole, such [inmate] incarcerated individual shall not be 10 deemed an eligible [inmate] incarcerated individual until he or she is 11 within two years of his or her next scheduled appearance before the 12 state parole board. In any case where an [inmate] incarcerated individ- 13 ual is denied release on parole while participating in a temporary 14 release program, the department shall review the status of the [inmate] 15 incarcerated individual to determine if continued placement in the 16 program is appropriate. No person convicted of any escape or absconding 17 offense defined in article two hundred five of the penal law shall be 18 eligible for temporary release. Nor shall any person under sentence for 19 any sex offense defined in article one hundred thirty of the penal law 20 be eligible to participate in a community services program as defined in 21 subdivision five of this section. Notwithstanding the foregoing, no 22 person who is an otherwise eligible [inmate] incarcerated individual who 23 is under sentence for a crime involving: (a) infliction of serious phys- 24 ical injury upon another as defined in the penal law, (b) a sex offense 25 involving forcible compulsion, or (c) any other offense involving the 26 use or threatened use of a deadly weapon may participate in a temporary 27 release program without the written approval of the commissioner. The 28 commissioner shall promulgate regulations giving direction to the tempo- 29 rary release committee at each institution in order to aid such commit- 30 tees in carrying out this mandate. 31 The governor, by executive order, may exclude or limit the partic- 32 ipation of any class of otherwise eligible [inmates] incarcerated indi- 33 viduals from participation in a temporary release program. Nothing in 34 this paragraph shall be construed to affect either the validity of any 35 executive order previously issued limiting the participation of other- 36 wise eligible [inmates] incarcerated individuals in such program or the 37 authority of the commissioner to impose appropriate regulations limiting 38 such participation. 39 § 228-c. Subdivisions 3, 4, 5, 6, 7, 8 and 10 of section 851 of the 40 correction law, subdivision 3 as added by chapter 60 of the laws of 41 1994, subdivisions 4, 5, 6, 7, 8 and 10 as amended by chapter 691 of the 42 laws of 1977 and paragraph (a) of subdivision 6 as amended by chapter 43 107 of the laws of 1983, are amended to read as follows: 44 3. "Work release program" means a program under which eligible 45 [inmates] incarcerated individuals may be granted the privilege of leav- 46 ing the premises of an institution for a period not exceeding fourteen 47 hours in any day for the purpose of on-the-job training or employment, 48 or for any matter necessary to the furtherance of any such purposes. No 49 person shall be released into a work release program unless prior to 50 release such person has a reasonable assurance of a job training program 51 or employment. If after release, such person ceases to be employed or 52 ceases to participate in the training program, the [inmate's] incarcer- 53 ated individual's privilege to participate in such work release program 54 may be revoked in accordance with rules and regulations promulgated by 55 the commissioner.A. 7866 136 1 4. "Furlough program" means a program under which eligible [inmates] 2 incarcerated individuals may be granted the privilege of leaving the 3 premises of an institution for a period not exceeding seven days for the 4 purpose of seeking employment, maintaining family ties, solving family 5 problems, seeking post-release housing, attending a short-term educa- 6 tional or vocational training course, or for any matter necessary to the 7 furtherance of any such purposes. 8 5. "Community services program" means a program under which eligible 9 [inmates] incarcerated individuals may be granted the privilege of leav- 10 ing the premises of an institution for a period not exceeding fourteen 11 hours in any day for the purpose of participation in religious services, 12 volunteer work, or athletic events, or for any matter necessary to the 13 furtherance of any such purposes. 14 6. "Leave of absence" means a privilege granted to an [inmate] incar- 15 cerated individual, who need not be an "eligible [inmate] incarcerated 16 individual," to leave the premises of an institution for the period of 17 time necessary: 18 (a) to visit his or her spouse, child, brother, sister, grandchild, 19 parent, grandparent or ancestral aunt or uncle during his or her last 20 illness if death appears to be imminent; 21 (b) to attend the funeral of such individual; 22 (c) to undergo surgery or to receive medical or dental treatment not 23 available in the correctional institution only if deemed absolutely 24 necessary to the health and well-being of the [inmate] incarcerated 25 individual and whose approval is granted by the commissioner or his or 26 her designated representative. 27 7. "Educational leave" means a privilege granted to an eligible 28 [inmate] incarcerated individual to leave the premises of an institution 29 for a period not exceeding fourteen hours in any day for the purpose of 30 education or vocational training, or for any matter necessary to the 31 furtherance of any such purposes. 32 8. "Industrial training leave" means a privilege granted to an eligi- 33 ble [inmate] incarcerated individual to leave the premises of an insti- 34 tution for a period not exceeding fourteen hours in any day for the 35 purpose of participating in an industrial training program, or for any 36 matter necessary to the furtherance of any such purpose. 37 10. "Extended bounds of confinement" means the area in which an 38 [inmate] incarcerated individual participating in a temporary release 39 program may travel, the routes he or she is permitted to use, the places 40 he or she is authorized to visit, and the hours, days, or specially 41 defined period during which he or she is permitted to be absent from the 42 premises of the institution. 43 § 228-d. Subdivisions 2, 3 and 4 of section 851 of the correction law, 44 as added by chapter 472 of the laws of 1969, are amended to read as 45 follows: 46 2. "Eligible [inmate] incarcerated individual" means a person confined 47 in an institution where a work release program has been established who 48 is eligible for release on parole or who will become eligible for 49 release on parole within one year. 50 3. "Work release program" means a program under which eligible 51 [inmates] incarcerated individual may be granted the privilege of leav- 52 ing the premises of an institution for the purpose of education, on-the- 53 job training or employment. 54 4. "Extended bounds of confinement" means the area in which an 55 [inmate] incarcerated individual participating in a work release program 56 may travel, the routes he or she is permitted to use, the places he orA. 7866 137 1 she is authorized to visit, and the hours, not exceeding fourteen hours 2 in any day, he or she is permitted to be absent from the premises of the 3 institution. 4 § 229. Subdivisions 1, 3, 4 and 5 of section 852 of the correction 5 law, subdivisions 1, 3 and 4 as amended by chapter 691 of the laws of 6 1977 and subdivision 5 as amended by section 44 of subpart B of part C 7 of chapter 62 of the laws of 2011, are amended to read as follows: 8 1. The commissioner, guided by consideration for the safety of the 9 community and the welfare of the [inmate] incarcerated individual, shall 10 review and evaluate all existing rules, regulations and directives 11 relating to current temporary release programs and consistent with the 12 provisions of this article for the administration of temporary release 13 programs shall by January first, nineteen hundred seventy-eight promul- 14 gate new rules and regulations for the various forms of temporary 15 release. Such rules and regulations shall reflect the purposes of the 16 different programs and shall include but not be limited to selection 17 criteria, supervision and procedures for the disposition of each appli- 18 cation. 19 3. Work release programs may be established only at institutions clas- 20 sified by the commissioner as work release facilities. Educational 21 release programs may be established only at those educational insti- 22 tutions which shall maintain attendance records for participating 23 [inmates] incarcerated individuals. 24 4. The commissioner shall designate in the rules and regulations of 25 the department appropriate employees or an appropriate unit of the 26 department to be responsible for (a) securing education, on-the-job 27 training and employment opportunities for [inmates] incarcerated indi- 28 viduals who are eligible to participate in a work release program, and 29 (b) assisting such [inmates] incarcerated individuals in such other 30 manner as necessary or desirable to assure the success of the program. 31 5. All [inmates] incarcerated individuals participating in temporary 32 release programs shall be assigned to parole officers for supervision. 33 As part of the parole officer's supervisory functions he or she shall be 34 required to provide reports every two months on each [inmate] incarcer- 35 ated individual under his or her supervision. Such reports shall 36 include but not be limited to: 37 (a) an evaluation of the individual's participation in such program; 38 (b) a statement of any problems and the manner in which such problems 39 were resolved relative to an individual's participation in such 40 programs; and 41 (c) a recommendation with respect to the individual's continued 42 participation in the program. 43 § 229-a. Subdivision 2 of section 852 of the correction law, as 44 amended by section 45 of subpart B of part C of chapter 62 of the laws 45 of 2011, is amended to read as follows: 46 2. The department shall be responsible for securing appropriate educa- 47 tion, on-the-job training and employment opportunities for eligible 48 [inmates] incarcerated individuals and shall supervise [inmates] incar- 49 cerated individuals during their participation in work release programs 50 outside the premises of institutions. 51 § 230. Subdivisions (a), (b), (e) and (f) of section 853 of the 52 correction law, as amended by chapter 757 of the laws of 1981, are 53 amended to read as follows: 54 (a) number of [inmate] incarcerated individual participants in each 55 temporary release program;A. 7866 138 1 (b) number of [inmates] incarcerated individuals participating in 2 temporary release for whom written approval of the commissioner was 3 required pursuant to subdivision two of section eight hundred fifty-one 4 of this chapter; 5 (e) number of [inmates] incarcerated individuals arrested; 6 (f) [inmates] incarcerated individuals involuntarily returned for 7 violations by institution; 8 § 231. Section 855 of the correction law, as amended by chapter 691 of 9 the laws of 1977, subdivision 6 as amended by section 47 of subpart B of 10 part C of chapter 62 of the laws of 2011, is amended to read as follows: 11 § 855. Procedure for temporary release of [inmates] incarcerated indi- 12 viduals. 1. A person confined in an institution designated for the 13 conduct of work release programs who is an eligible [inmate] incarcerat- 14 ed individual, may make application to the temporary release committee 15 of the institution for permission to participate in a work release 16 program. 17 2. Any eligible [inmate] incarcerated individual may make application 18 to the temporary release committee for participation in a furlough 19 program or community services program, or for an industrial training 20 leave or educational leave. 21 3. Any [inmate] incarcerated individual may make application to the 22 temporary release committee for a leave of absence provided, however, 23 that in exigent circumstances such application may be made directly to 24 the superintendent of the institution and the superintendent may exer- 25 cise all of the powers of the temporary release committee subject, 26 however, to any limitation or requirement set forth in the rules and 27 regulations of the department and subject further to the discretion of 28 the commissioner. All leave of absences provided in exigent circum- 29 stances shall state the reasons for approval or disapproval of the 30 application and shall be included in the [inmate's] incarcerated indi- 31 vidual's institutional parole file. 32 4. If the temporary release committee determines that a temporary 33 release program for the applicant is consistent with the safety of the 34 community and the welfare of the applicant, and is consistent with rules 35 and regulations of the department, the committee, with the assistance of 36 the employees or unit designated by the commissioner pursuant to subdi- 37 vision four of section eight hundred fifty-two of this article, shall 38 develop a suitable program of temporary release for the applicant. 39 Consistent with these provisions, any educational leave program shall 40 consider the scheduling of classes to insure a reduction of release time 41 not spent in educational pursuits. 42 5. The committee shall then prepare a memorandum setting forth the 43 details of the temporary release program including the extended bounds 44 of confinement and any other matter required by rules or regulations of 45 the department. Such memorandum shall be transmitted to the superinten- 46 dent who may approve or reject the program, subject to rules and regu- 47 lations promulgated by the commissioner. If the superintendent approves 48 the program, he or she shall indicate such approval in writing by sign- 49 ing the memorandum. If the superintendent rejects the program, he or she 50 shall state his or her reasons in writing and a copy of his or her 51 statement shall be given to the [inmate] incarcerated individual and to 52 the commissioner and such decision shall be reviewed by the commission- 53 er. If the commissioner rejects the program, he or she shall state his 54 or her reasons in writing. A copy of such statement shall be filed in 55 the [inmate's] incarcerated individual's institutional file.A. 7866 139 1 6. In order for an applicant to accept a program of temporary release, 2 such [inmate] incarcerated individual shall agree to be bound by all the 3 terms and conditions thereof and shall indicate such agreement by sign- 4 ing the memorandum of the program immediately below a statement reading 5 as follows: "I accept the foregoing program and agree to be bound by the 6 terms and conditions thereof. I understand that I will be under the 7 supervision of the state department of corrections and community super- 8 vision while I am away from the premises of the institution and I agree 9 to comply with the instructions of any parole officer or other employee 10 of the department assigned to supervise me. I understand that my partic- 11 ipation in the program is a privilege which may be revoked at any time, 12 and that if I violate any provision of the program I may be taken into 13 custody by any peace officer or police officer and I will be subject to 14 disciplinary procedures. I further understand that if I intentionally 15 fail to return to the institution at or before the time specified in the 16 memorandum I may be found guilty of a felony." Such agreement shall be 17 placed on file at the institution from which such temporary release is 18 granted. 19 7. After approving the program of temporary release, the superinten- 20 dent may then permit an [inmate] incarcerated individual who has 21 accepted such program to go outside the premises of the institution 22 within the limits of the extended bounds of confinement described in the 23 memorandum; provided, however, that no such permission shall become 24 effective in the case of a work release or furlough program prior to the 25 time at which the person to be released becomes an eligible [inmate] 26 incarcerated individual. 27 8. At least three days before releasing an [inmate] incarcerated indi- 28 vidual on a temporary release program, the superintendent shall notify 29 in writing the sheriff or chief of police of the community into which 30 the [inmate] incarcerated individual is to be released. 31 9. Participation in a temporary release program shall be a privilege. 32 Nothing contained in this article may be construed to confer upon any 33 [inmate] incarcerated individual the right to participate, or to contin- 34 ue to participate, in a temporary release program. The superintendent of 35 the institution may at any time, and upon recommendation of the tempo- 36 rary release committee or of the commissioner or of the chairman of the 37 state board of parole or his or her designee shall, revoke any 38 [inmate's] incarcerated individual's privilege to participate in a 39 program of temporary release in accordance with regulations promulgated 40 by the commissioner. 41 § 231-a. The section heading, subdivisions 1, 5 and 6 of section 853 42 of the correction law, as added by chapter 472 of the laws of 1969, are 43 amended to read as follows: 44 Procedure for release of eligible [inmates] incarcerated individuals. 45 1. A person confined in an institution designated for the conduct of 46 work release programs who is, or who within ninety days will become, an 47 eligible [inmate] incarcerated individual, may make application to the 48 work release committee of the institution for permission to participate 49 in a work release program. 50 5. After approving the program of work release, the warden may then 51 permit an eligible [inmate] incarcerated individual who has accepted 52 such program to go outside the premises of the institution within the 53 limits of the extended bounds of confinement described in the memoran- 54 dum. 55 6. Participation in a work release program shall be a privilege. Noth- 56 ing contained in this article may be construed to confer upon anyA. 7866 140 1 [inmate] incarcerated individual the right to participate, or to contin- 2 ue to participate, in a work release program. The warden of the institu- 3 tion may at any time, and upon recommendation of the work release 4 committee or of the chairman of the state board of parole or his or her 5 designee shall, revoke any [inmate's] incarcerated individual's privi- 6 lege to participate in a program of work release. 7 § 232. Section 856 of the correction law, as amended by chapter 691 of 8 the laws of 1977, subdivisions 1 and 4 as amended by chapter 843 of the 9 laws of 1980, is amended to read as follows: 10 § 856. Conduct of [inmates] incarcerated individuals participating in 11 a temporary release program. 1. An [inmate] incarcerated individual who 12 is permitted to leave the premises of an institution to participate in a 13 temporary release program shall have on his or her person a card identi- 14 fying him or her as a participant in a temporary release program as 15 signed by the superintendent of the institution at all times while 16 outside the premises of the institution and shall exhibit such card to 17 any peace officer or police officer upon request of such officer. The 18 commissioner may, by regulation, require such information, including 19 effective dates, to be included in such card as he or she shall deem 20 necessary and proper. 21 2. If the [inmate] incarcerated individual violates any provision of 22 the program, or any rule or regulation promulgated by the commissioner 23 for conduct of [inmates] incarcerated individuals participating in 24 temporary release programs, such [inmate] incarcerated individual shall 25 be subject to disciplinary measures to the same extent as if he or she 26 violated a rule or regulation of the commissioner for conduct of 27 [inmates] incarcerated individuals within the premises of the institu- 28 tion. The failure of an [inmate] incarcerated individual to voluntarily 29 return to the institution of his or her confinement more than ten hours 30 after his or her prescribed time of return shall create a rebuttable 31 presumption that the failure to return was intentional. Any [inmate] 32 incarcerated individual who is found to have intentionally failed to 33 return pursuant to this subdivision shall be an absconder in violation 34 of his or her temporary release program and will not be an eligible 35 [inmate] incarcerated individual as defined in subdivision two of 36 section eight hundred fifty-one of this chapter. The creation of such 37 rebuttable presumption shall not be admissible in any court of law as 38 evidence of the commission of any crime defined in the penal law. A full 39 report of any such violation, a summary of the facts and findings of the 40 disciplinary hearing and disciplinary measures taken, shall be made 41 available to the board for the [inmate's] incarcerated individual's next 42 scheduled appearance before the state board of parole including any 43 defense or explanation offered by the [inmate] incarcerated individual 44 in response at such hearing. 45 3. The provisions of this chapter relating to good behavior allowances 46 shall apply to behavior of [inmates] incarcerated individuals while 47 participating in temporary release programs outside the premises of 48 institutions, and such allowances may be granted, withheld, forfeited or 49 cancelled in whole or in part for behavior outside the premises of an 50 institution to the same extent and in the same manner as is provided for 51 behavior of [inmates] incarcerated individuals within the premises of 52 institutions. 53 4. An [inmate] incarcerated individual who is in violation of the 54 provisions of his or her temporary release program may be taken into 55 custody by any peace officer or police officer and, in such event, the 56 [inmate] incarcerated individual shall be returned forthwith to eitherA. 7866 141 1 the institution that released him or her, or to the nearest secure 2 facility where greater security is indicated. In any case where the 3 institution is in a county other than the one in which the [inmate] 4 incarcerated individual is apprehended, the officer may deliver the 5 [inmate] incarcerated individual to the nearest institution, jail or 6 lockup and it shall be the duty of the person in charge of said facility 7 to hold such [inmate] incarcerated individual securely until such time 8 as he or she is delivered into the custody of an officer of the institu- 9 tion from which he or she was released. Upon delivering the [inmate] 10 incarcerated individual to an institution, jail or lockup, other than 11 the one from which the [inmate] incarcerated individual was released, 12 the officer who apprehended the [inmate] incarcerated individual shall 13 forthwith notify the superintendent of the institution from which the 14 [inmate] incarcerated individual was released and it shall be the duty 15 of the superintendent to effect the expeditious return of the [inmate] 16 incarcerated individual to the institution. 17 5. Upon the conclusion or termination of a temporary release program, 18 a full report of the [inmate's] incarcerated individual's performance in 19 such program shall be prepared in accordance with regulations of the 20 commissioner. Such report shall include but not be limited to: adjust- 21 ment to release, supervision contacts, statement of any violations of 22 the terms and conditions of release and of any disciplinary actions 23 taken, and an assessment of the [inmate's] incarcerated individual's 24 suitability for parole. Such report shall be made available to the state 25 board of parole for the [inmate's] incarcerated individual's next sched- 26 uled appearance before such board. 27 § 232-a. Section 854 of the correction law, as added by chapter 472 of 28 the laws of 1969, subdivision 2 as amended by section 46 of subpart B of 29 part C of section 62 of the laws of 2011, is amended to read as follows: 30 § 854. Conduct of [inmates] incarcerated individuals participating in 31 work release program. 1. An [inmate] incarcerated individual who is 32 permitted to leave the premises of an institution to participate in a 33 program of work release shall have on his or her person a copy of the 34 memorandum of that program as signed by the warden of the institution at 35 all times while outside the premises of the institution and shall exhib- 36 it such copy to any peace officer upon request of the officer. 37 2. If the [inmate] incarcerated individual violates any provision of 38 the program, or any rule or regulation promulgated by the commissioner 39 of corrections and community supervision for conduct of [inmates] incar- 40 cerated individuals participating in work release programs, he or she 41 shall be subject to disciplinary measures to the same extent as if he or 42 she violated a rule or regulation of the commissioner for conduct of 43 [inmates] incarcerated individuals within the premises of the institu- 44 tion. 45 3. The provisions of this chapter relating to good behavior allowances 46 shall apply to behavior of [inmates] incarcerated individuals while 47 participating in work release programs outside the premises of insti- 48 tutions, and such allowances may be granted, withheld, forfeited or 49 cancelled in whole or in part for behavior outside the premises of an 50 institution to the same extent and in the same manner as is provided for 51 behavior of [inmates] incarcerated individuals within the premises of 52 institutions. 53 4. An [inmate] incarcerated individual who is in violation of the 54 provisions of his or her work release program may be taken into custody 55 by any peace officer and, in such event, the [inmate] incarcerated indi- 56 vidual shall be returned forthwith to the institution that released himA. 7866 142 1 or her. In any case where the institution is in a county other than the 2 one in which the [inmate] incarcerated individual is apprehended, the 3 officer may deliver the [inmate] incarcerated individual to the nearest 4 institution, jail or lockup and it shall be the duty of the person in 5 charge of said facility to hold such [inmate] incarcerated individual 6 securely until such time as he or she is delivered into custody of an 7 officer of the institution from which he or she was released. Upon 8 delivering the [inmate] incarcerated individual to an institution, jail 9 or lockup, other than the one from which he or she was released, the 10 peace officer who apprehended the [inmate] incarcerated individual shall 11 forthwith notify the warden of the institution from which the [inmate] 12 incarcerated individual was released and it shall be the duty of the 13 warden to effect the expeditious return of the [inmate] incarcerated 14 individual to the institution. 15 § 233. Section 858 of the correction law, as added by chapter 472 of 16 the laws of 1969 and as renumbered by chapter 691 of the laws of 1977, 17 is amended to read as follows: 18 § 858. Application of labor laws. The laws of the state and its poli- 19 tical subdivisions with respect to employment conditions shall apply to 20 [inmates] incarcerated individuals participating in work release 21 programs. 22 § 234. Section 859 of the correction law, as added by chapter 472 of 23 the laws of 1969 and as renumbered by chapter 691 of the laws of 1977, 24 is amended to read as follows: 25 § 859. When employment prohibited. No employment under a work release 26 program may be approved or continued if (a) such employment results in 27 the displacement of employed workers, or is applied in skills, crafts or 28 trades in which there is a surplus of available labor in the locality, 29 or (b) the rates of pay and other conditions of employment are not at 30 least equal to those paid or provided for work of similar nature in the 31 locality in which the work is to be performed, or (c) there is any labor 32 strike or lockout in the establishment in which the [inmate] incarcerat- 33 ed individual is employed. 34 § 235. Section 860 of the correction law, as added by chapter 472 of 35 the laws of 1969 and as renumbered by chapter 691 of the laws of 1977, 36 subdivision 4 as added and subdivision 5 as renumbered by chapter 233 of 37 the laws of 1985, is amended to read as follows: 38 § 860. Disposition of earnings. The earnings of an [inmate] incarcer- 39 ated individual participating in a work release program, less any 40 payroll deductions required or authorized by law, shall be turned over 41 to the warden who shall deposit such receipts as [inmates'] incarcerated 42 individuals' funds pursuant to section one hundred sixteen of this chap- 43 ter. Such receipts shall not be subject to attachment or garnishment in 44 the hands of the warden. The commissioner of correction may authorize 45 the warden to make disbursements of such receipts, and such receipts may 46 be disbursed, for any or all of the following purposes: 47 1. Appropriate and reasonable costs related to the [inmate's] incar- 48 cerated individual's participation in the work release program; 49 2. Support of the [inmate's] incarcerated individual's dependents; 50 3. Payment of fines imposed by any court; 51 4. Payment of any court ordered restitution or reparation to the 52 victim of the [inmate's] incarcerated individual's crime. 53 5. Purchases by the [inmate] incarcerated individual from the commis- 54 sary of the institution.A. 7866 143 1 The balance of such receipts, if any, after disbursements for the 2 foregoing purposes shall be paid to the [inmate] incarcerated individual 3 upon termination of his or her imprisonment. 4 § 236. Section 861 of the correction law, as added by chapter 472 of 5 the laws of 1969 and as renumbered by chapter 691 of the laws of 1977, 6 is amended to read as follows: 7 § 861. [Inmate] Incarcerated individual not agent of state. An 8 [inmate] incarcerated individual participating in a work release program 9 shall not, merely by reason of such participation, be deemed an agent, 10 employee or servant of the state while outside the premises of an insti- 11 tution pursuant to the terms of a work release program. 12 § 237. Subdivisions 1 and 2 of section 865 of the correction law, 13 subdivision 1 as amended by section 2 of part KK of chapter 55 of the 14 laws of 2019 and subdivision 2 as amended by section 2 of part L of 15 chapter 56 of the laws of 2009, are amended to read as follows: 16 1. "Eligible [inmate] incarcerated individual" means a person 17 sentenced to an indeterminate term of imprisonment who will become 18 eligible for release on parole within three years or sentenced to a 19 determinate term of imprisonment who will become eligible for condi- 20 tional release within three years, who has not reached the age of fifty 21 years, who has not previously been convicted of a violent felony as 22 defined in article seventy of the penal law, or a felony in any other 23 jurisdiction which includes all of the essential elements of any such 24 violent felony, upon which an indeterminate or determinate term of 25 imprisonment was imposed and who was between the ages of sixteen and 26 fifty years at the time of commission of the crime upon which his or her 27 present sentence was based. Notwithstanding the foregoing, no person who 28 is convicted of any of the following crimes shall be deemed eligible to 29 participate in this program: (a) a violent felony offense as defined in 30 article seventy of the penal law; provided, however, that a person who 31 is convicted of burglary in the second degree as defined in subdivision 32 two of section 140.25 of the penal law, or robbery in the second degree 33 as defined in subdivision one of section 160.10 of the penal law, or an 34 attempt thereof, is eligible to participate, (b) an A-I felony offense, 35 (c) any homicide offense as defined in article one hundred twenty-five 36 of the penal law, (d) any felony sex offense as defined in article one 37 hundred thirty of the penal law and (e) any escape or absconding offense 38 as defined in article two hundred five of the penal law. 39 2. "Shock incarceration program" means a program pursuant to which 40 eligible [inmates] incarcerated individuals are selected to participate 41 in the program and serve a period of six months in a shock incarceration 42 facility, which shall provide rigorous physical activity, intensive 43 regimentation and discipline and rehabilitation therapy and programming. 44 Such [inmates] incarcerated individuals may be selected either: (i) at a 45 reception center; or (ii) at a general confinement facility when the 46 otherwise eligible [inmate] incarcerated individual then becomes eligi- 47 ble for release on parole within three years in the case of an indeter- 48 minate term of imprisonment, or then becomes eligible for conditional 49 release within three years in the case of a determinate term of impri- 50 sonment. 51 § 238. Subdivisions 1 and 2 of section 866 of the correction law, 52 subdivision 1 as added by chapter 261 of the laws of 1987 and subdivi- 53 sion 2 as amended by section 3 of part L of chapter 56 of the laws of 54 2009, are amended to read as follows: 55 1. The commissioner, guided by consideration for the safety of the 56 community and the welfare of the [inmate] incarcerated individual, shallA. 7866 144 1 promulgate rules and regulations for the shock incarceration program. 2 Such rules and regulations shall reflect the purpose of the program and 3 shall include, but not be limited to, selection criteria, [inmate] 4 incarcerated individual discipline, programming and supervision, and 5 program structure and administration. 6 2. The commissioner shall appoint or cause to be appointed a shock 7 incarceration selection committee at one or more designated correctional 8 facilities, which shall meet on a regularly scheduled basis to review 9 all eligible [inmates] incarcerated individuals transferred to such 10 facility for screening and all applications for the shock incarceration 11 program. 12 § 239. Section 867 of the correction law, as added by chapter 261 of 13 the laws of 1987, subdivision 1 as amended by chapter 55 of the laws of 14 1992, subdivision 2-a as added by section 2 of part AAA of chapter 56 of 15 the laws of 2009 and subdivision 4 as amended by chapter 738 of the laws 16 of 2004, is amended to read as follows: 17 § 867. Procedure for selection of participants in shock incarceration 18 program. 1. An eligible [inmate] incarcerated individual may make an 19 application to the shock incarceration screening committee for permis- 20 sion to participate in the shock incarceration program. 21 2. If the shock incarceration screening committee determines that an 22 [inmate's] incarcerated individual's participation in the shock incar- 23 ceration program is consistent with the safety of the community, the 24 welfare of the applicant and the rules and regulations of the depart- 25 ment, the committee shall forward the application to the commissioner or 26 his designee for approval or disapproval. 27 2-a. Subdivisions one and two of this section shall apply to a judi- 28 cially sentenced shock incarceration [inmate] incarcerated individual 29 only to the extent that the screening committee may determine whether 30 the [inmate] incarcerated individual has a medical or mental health 31 condition that will render the [inmate] incarcerated individual unable 32 to successfully complete the shock incarceration program, and the facil- 33 ity in which the [inmate] incarcerated individual will participate in 34 such program. Notwithstanding subdivision five of this section, an 35 [inmate] incarcerated individual sentenced to shock incarceration shall 36 promptly commence participation in the program when such [inmate] incar- 37 cerated individual is an eligible [inmate] incarcerated individual 38 pursuant to subdivision one of section eight hundred sixty-five of this 39 article. 40 3. Applicants cannot participate in the shock incarceration program 41 unless they agree to be bound by all the terms and conditions thereof 42 and indicate such agreement by signing the memorandum of the program 43 immediately below a statement reading as follows: 44 "I accept the foregoing program and agree to be bound by the terms and 45 conditions thereof. I understand that my participation in the program is 46 a privilege that may be revoked at any time at the sole discretion of 47 the commissioner. I understand that I must successfully complete the 48 entire program to obtain a certificate of earned eligibility upon the 49 completion of said program, and in the event that I do not successfully 50 complete said program, for any reason, I will be transferred to a 51 nonshock incarceration correctional facility to continue service of my 52 sentence." 53 4. An [inmate] incarcerated individual who has successfully completed 54 a shock incarceration program shall be eligible to receive such a 55 certificate of earned eligibility pursuant to section eight hundred five 56 of this chapter. Notwithstanding any other provision of law, anA. 7866 145 1 [inmate] incarcerated individual sentenced to a determinate sentence of 2 imprisonment who has successfully completed a shock incarceration 3 program shall be eligible to receive such a certificate of earned eligi- 4 bility and shall be immediately eligible to be conditionally released. 5 5. Participation in the shock incarceration program shall be a privi- 6 lege. Nothing contained in this article may be construed to confer upon 7 any [inmate] incarcerated individual the right to participate or contin- 8 ue to participate therein. 9 § 240. Paragraph (h) of subdivision 5 of section 220.10 of the crimi- 10 nal procedure law, as added by chapter 92 of the laws of 1996, is 11 amended to read as follows: 12 (h) Where the indictment charges the class E felony offense of aggra- 13 vated harassment of an employee by an [inmate] incarcerated individual 14 as defined in section 240.32 of the penal law, then a plea of guilty 15 must include at least a plea of guilty to a class E felony. 16 § 241. The closing paragraph of subdivision 5 of section 420.10 of the 17 criminal procedure law, as separately amended by chapters 233 and 506 of 18 the laws of 1985, is amended to read as follows: 19 For the purposes of this subdivision, the court shall not determine 20 that the defendant is unable to pay the fine, restitution or reparation 21 ordered solely because of such defendant's incarceration but shall 22 consider all the defendant's sources of income including, but not limit- 23 ed to, moneys in the possession of an [inmate] incarcerated individual 24 at the time of his or her admission into such facility, funds earned by 25 him or her in a work release program as defined in subdivision four of 26 section one hundred fifty of the correction law, funds earned by him or 27 her as provided for in section one hundred eighty-seven of the 28 correction law and any other funds received by him or her or on his or 29 her behalf and deposited with the superintendent or the municipal offi- 30 cial of the facility where the person is confined. 31 § 242. Subdivision 1 of section 440.50 of the criminal procedure law, 32 as amended by chapter 193 of the laws of 2017, is amended to read as 33 follows: 34 1. Upon the request of a victim of a crime, or in any event in all 35 cases in which the final disposition includes a conviction of a violent 36 felony offense as defined in section 70.02 of the penal law, a felony 37 defined in article one hundred twenty-five of such law, or a felony 38 defined in article one hundred thirty of such law, the district attorney 39 shall, within sixty days of the final disposition of the case, inform 40 the victim by letter of such final disposition. If such final disposi- 41 tion results in the commitment of the defendant to the custody of the 42 department of corrections and community supervision for an indeterminate 43 sentence, the notice provided to the crime victim shall also inform the 44 victim of his or her right to submit a written, audiotaped, or vide- 45 otaped victim impact statement to the department of corrections and 46 community supervision or to meet personally with a member of the state 47 board of parole at a time and place separate from the personal interview 48 between a member or members of the board and the [inmate] incarcerated 49 individual and make such a statement, subject to procedures and limita- 50 tions contained in rules of the board, both pursuant to subdivision two 51 of section two hundred fifty-nine-i of the executive law. A copy of such 52 letter shall be provided to the board of parole. The right of the victim 53 under this subdivision to submit a written victim impact statement or to 54 meet personally with a member of the state board of parole applies to 55 each personal interview between a member or members of the board and the 56 [inmate] incarcerated individual.A. 7866 146 1 § 243. Article VIII and paragraph 5 of article IX of section 580.20 of 2 the criminal procedure law are amended to read as follows: 3 ARTICLE VIII 4 This agreement shall enter into full force and effect as to a party 5 state when such state has enacted the same into law. A state party to 6 this agreement may withdraw herefrom by enacting a statute repealing the 7 same. However, the withdrawal of any state shall not affect the status 8 of any proceedings already initiated by [inmates] incarcerated individ- 9 uals or by state officers at the time such withdrawal takes effect, nor 10 shall it affect their rights in respect thereof. 11 5. It shall be lawful and mandatory upon the warden or other official 12 in charge of a penal or correctional institution in this state to give 13 over the person of any [inmate] incarcerated individual thereof whenever 14 so required by the operation of the agreement on detainers. 15 § 244. Section 2222-a of the surrogate's court procedure act, as 16 amended by section 167 of subpart B of part C of chapter 62 of the laws 17 of 2011, is amended to read as follows: 18 § 2222-a. Notice of legacy or distributive share payable to [inmate] 19 incarcerated individual or prisoner 20 Where the legatee, distributee or beneficiary is an [inmate] incarcer- 21 ated individual serving a sentence of imprisonment with the state 22 department of corrections and community supervision or a prisoner 23 confined at a local correctional facility, the court shall give prompt 24 written notice to the office of victim services, and at the same time 25 direct that no payment be made to such [inmate] incarcerated individual 26 or prisoner for a period of thirty days following the date of entry of 27 the order containing such direction. 28 § 245. Section 85 of the New York city criminal court act is amended 29 to read as follows: 30 § 85. Segregation of certain women. Whenever any woman is accused or 31 convicted before the court of any crime arising out of an industrial 32 dispute, such woman shall be segregated from the other [inmates] incar- 33 cerated individuals thereof in any jail, prison or institution to which 34 she may be committed. 35 § 246. Subdivision 9 of section 10 of the court of claims act, as 36 amended by section 67 of subpart B of part C of chapter 62 of the laws 37 of 2011, is amended to read as follows: 38 9. A claim of any [inmate] incarcerated individual in the custody of 39 the department of corrections and community supervision for recovery of 40 damages for injury to or loss of personal property may not be filed 41 unless and until the [inmate] incarcerated individual has exhausted the 42 personal property claims administrative remedy, established for 43 [inmates] incarcerated individuals by the department. Such claim must be 44 filed and served within one hundred twenty days after the date on which 45 the [inmate] incarcerated individual has exhausted such remedy. 46 § 247. Subdivision 6-a of section 20 of the court of claims act, as 47 amended by section 68 of subpart B of part C of chapter 62 of the laws 48 of 2011, is amended to read as follows: 49 6-a. Notwithstanding the provisions of subdivisions five, five-a and 50 six of this section, in any case where a judgment or any part thereof is 51 to be paid to an [inmate] incarcerated individual serving a sentence of 52 imprisonment with the state department of corrections and community 53 supervision or to a prisoner confined at a local correctional facility, 54 the comptroller shall give written notice, if required pursuant to 55 subdivision two of section six hundred thirty-two-a of the executiveA. 7866 147 1 law, to the office of victim services that such judgment shall be paid 2 thirty days after the date of such notice. 3 § 248. Section 20-a of the court of claims act, as amended by section 4 69 of subpart B of part C of chapter 62 of the laws of 2011, is amended 5 to read as follows: 6 § 20-a. Settlement of claims. Notwithstanding any inconsistent 7 provision of this act or of the state finance law, the comptroller shall 8 examine, audit, and certify for payment the settlement of any claim 9 filed in the court of claims for injuries to personal property, real 10 property, or for personal injuries caused by the tort of an officer or 11 employee of the state while acting as such officer or employee, provided 12 that a stipulation of settlement executed by the parties shall have been 13 approved by order of the court. No such stipulation shall be executed on 14 behalf of the state without, after consultation with the director of the 15 budget, the approval of the head of the department or agency having 16 supervision of the officer or employee alleged to have caused the inju- 17 ries and of the attorney general. The attorney general shall cause a 18 review to be made within the department of law of all cases filed in the 19 court of claims to determine which cases are appropriate for possible 20 settlement. Payment of any claim made pursuant to the approval of a 21 settlement by the court shall be made from the funds appropriated for 22 the purpose of payment of judgments against the state pursuant to 23 section twenty of this act. In any case where payment is to be made to 24 an [inmate] incarcerated individual serving a sentence of imprisonment 25 with the state department of corrections and community supervision or to 26 a prisoner confined at a local correctional facility, the procedures set 27 forth in subdivision six-a of section twenty of this article shall be 28 followed. On or before January fifteenth the comptroller, in consulta- 29 tion with the department of law and other agencies as may be appropri- 30 ate, shall submit to the governor and the legislature an annual account- 31 ing of settlements paid pursuant to this section during the preceding 32 and current fiscal years. Such accounting shall include, but not be 33 limited to the number, type and amount of claims so paid, as well as an 34 estimate of claims to be paid during the remainder of the current fiscal 35 year and during the following fiscal year. 36 § 249. Subdivision (f) of section 1101 of the civil practice law and 37 rules, as added by section 1 of part D of chapter 412 of the laws of 38 1999, subparagraph (i) of paragraph 1 and paragraph 3 as amended by 39 section 51 of subpart B of part C of chapter 62 of the laws of 2011, is 40 amended to read as follows: 41 (f) Fees for [inmates] incarcerated individuals. 1. Notwithstanding 42 any other provision of law to the contrary, a federal, state or local 43 [inmate] incarcerated individual under sentence for conviction of a 44 crime may seek to commence his or her action or proceeding by paying a 45 reduced filing fee as provided in paragraph two of this subdivision. 46 Such [inmate] incarcerated individual shall file the form affidavit 47 referred to in subdivision (d) of this section along with the summons 48 and complaint or summons with notice or third-party summons and 49 complaint or petition or notice of petition or order to show cause. As 50 part of such application, the [inmate] incarcerated individual shall 51 indicate the name and mailing address of the facility at which he or she 52 is confined along with the name and mailing address of any other feder- 53 al, state or local facility at which he or she was confined during the 54 preceding six month period. The case will be given an index number if 55 applicable, or, in courts other than the supreme or county courts, any 56 necessary filing number and the application will be submitted to a judgeA. 7866 148 1 of the court. Upon receipt of the application, the court shall obtain 2 from the appropriate official of the facility at which the [inmate] 3 incarcerated individual is confined a certified copy of the [inmate's] 4 incarcerated individual's trust fund account statement (or institutional 5 equivalent) for the six month period preceding filing of the [inmate's] 6 incarcerated individual's application. If the [inmate] incarcerated 7 individual has been confined for less than six months at such facility, 8 the court shall obtain additional information as follows: 9 (i) in the case of a state [inmate] incarcerated individual who has 10 been transferred from another state correctional facility, the court 11 shall obtain a trust fund account statement for the six month period 12 from the central office of the department of corrections and community 13 supervision in Albany; or 14 (ii) in the case of a state [inmate] incarcerated individual who is 15 newly transferred from a federal or local correctional facility, the 16 court shall obtain any trust fund account statement currently available 17 from such facility. The court may, in its discretion, seek further 18 information from the prior or current facility. 19 2. If the court determines that the [inmate] incarcerated individual 20 has insufficient means to pay the full filing fee, the court may permit 21 the [inmate] incarcerated individual to pay a reduced filing fee, the 22 minimum of which shall not be less than fifteen dollars and the maximum 23 of which shall not be more than fifty dollars. The court shall require 24 an initial payment of such portion of the reduced filing fee as the 25 [inmate] incarcerated individual can reasonably afford or shall author- 26 ize no initial payment of the fee if exceptional circumstances render 27 the [inmate] incarcerated individual unable to pay any fee; provided 28 however, that the difference between the amount of the reduced filing 29 fee and the amount paid by the [inmate] incarcerated individual in the 30 initial partial payment shall be assessed against the [inmate] incarcer- 31 ated individual as an outstanding obligation to be collected either by 32 the superintendent or the municipal official of the facility at which 33 the [inmate] incarcerated individual is confined, as the case may be, in 34 the same manner that mandatory surcharges are collected as provided for 35 in subdivision five of section 60.35 of the penal law. The court shall 36 notify the superintendent or the municipal official of the facility 37 where the [inmate] incarcerated individual is housed of the amount of 38 the reduced filing fee that was not directed to be paid by the [inmate] 39 incarcerated individual. Thereafter, the superintendent or the munici- 40 pal official shall forward to the court any fee obligations that have 41 been collected, provided however, that: 42 (i) in no event shall the filing fee collected exceed the amount of 43 fees required for the commencement of an action or proceeding; and 44 (ii) in no event shall an [inmate] incarcerated individual be prohib- 45 ited from proceeding for the reason that the [inmate] incarcerated indi- 46 vidual has no assets and no means by which to pay the initial partial 47 filing fee. 48 3. The institution at which an [inmate] incarcerated individual is 49 confined, or the central office for the department of corrections and 50 community supervision, whichever is applicable, shall promptly provide 51 the trust fund account statement to the [inmate] incarcerated individual 52 as required by this subdivision. 53 4. Whenever any federal, state or local [inmate] incarcerated individ- 54 ual obtains a judgment in connection with any action or proceeding which 55 exceeds the amount of the filing fee, paid in accordance with the 56 provisions of this subdivision for commencing such action or proceeding,A. 7866 149 1 the court shall award to the prevailing [inmate] incarcerated 2 individual, as a taxable disbursement, the actual amount of any fee paid 3 to commence the action or proceeding. 4 5. The provisions of this subdivision shall not apply to a proceeding 5 commenced pursuant to article seventy-eight of this chapter which 6 alleges a failure to correctly award or certify jail time credit due an 7 [inmate] incarcerated individual, in violation of section six hundred-a 8 of the correction law and section 70.30 of the penal law. 9 § 250. Section 5011 of the civil practice law and rules, as amended by 10 section 52 of subpart B of part C of chapter 62 of the laws of 2011, is 11 amended to read as follows: 12 § 5011. Definition and content of judgment. A judgment is the determi- 13 nation of the rights of the parties in an action or special proceeding 14 and may be either interlocutory or final. A judgment shall refer to, and 15 state the result of, the verdict or decision, or recite the default upon 16 which it is based. A judgment may direct that property be paid into 17 court when the party would not have the benefit or use or control of 18 such property or where special circumstances make it desirable that 19 payment or delivery to the party entitled to it should be withheld. In 20 any case where damages are awarded to an [inmate] incarcerated individ- 21 ual serving a sentence of imprisonment with the state department of 22 corrections and community supervision or to a prisoner confined at a 23 local correctional facility, the court shall give prompt written notice 24 to the office of victim services, and at the same time shall direct that 25 no payment be made to such [inmate] incarcerated individual or prisoner 26 for a period of thirty days following the date of entry of the order 27 containing such direction. 28 § 251. Paragraph 5 of subdivision (b) of section 7002 of the civil 29 practice law and rules, as amended by chapter 355 of the laws of 1986, 30 is amended to read as follows: 31 5. in a city having a population of one million or more inhabitants, a 32 person held as a trial [inmate] incarcerated individual in a city 33 detention institution shall petition for a writ to the supreme court in 34 the county in which the charge for which the [inmate] incarcerated indi- 35 vidual is being detained is pending. Such [inmate] incarcerated individ- 36 ual may also petition for a writ to the appellate division in the 37 department in which he is detained or to any justice of the supreme 38 court provided that the writ shall be made returnable before a justice 39 of the supreme court held in the county in which the charge for which 40 the [inmate] incarcerated individual is being detained is pending. 41 § 252. Subdivision 2 of section 61 of the civil rights law, as amended 42 by section 54 of subpart B of part C of chapter 62 of the laws of 2011, 43 is amended to read as follows: 44 2. If the petitioner stands convicted of a violent felony offense as 45 defined in section 70.02 of the penal law or a felony defined in article 46 one hundred twenty-five of such law or any of the following provisions 47 of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 48 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 49 subdivision two of section 230.30 or 230.32, and is currently confined 50 as an [inmate] incarcerated individual in any correctional facility or 51 currently under the supervision of the department of corrections and 52 community supervision or a county probation department as a result of 53 such conviction, the petition shall for each such conviction specify 54 such felony conviction, the date of such conviction or convictions, and 55 the court in which such conviction or convictions were entered.A. 7866 150 1 § 253. Subdivision 2 of section 62 of the civil rights law, as amended 2 by section 55 of subpart B of part C of chapter 62 of the laws of 2011, 3 is amended to read as follows: 4 2. If the petition be to change the name of a person currently 5 confined as an [inmate] incarcerated individual in any correctional 6 facility or currently under the supervision of the department of 7 corrections and community supervision or a county probation department 8 as a result of a conviction for a violent felony offense as defined in 9 section 70.02 of the penal law or a felony defined in article one 10 hundred twenty-five of such law or any of the following provisions of 11 such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 12 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 13 subdivision two of section 230.30 or 230.32, notice of the time and 14 place when and where the petition will be presented shall be served, in 15 like manner as a notice of a motion upon an attorney in an action, upon 16 the district attorney of every county in which such person has been 17 convicted of such felony and upon the court or courts in which the 18 sentence for such felony was entered. Unless a shorter period of time is 19 ordered by the court, said notice shall be served upon each such 20 district attorney and court or courts not less than sixty days prior to 21 the date on which such petition is noticed to be heard. 22 § 254. Subdivisions 2 and 3 of section 79 of the civil rights law, 23 subdivision 2 and paragraph (a) of subdivision 3 as amended by section 24 56 of subpart B of part C of chapter 62 of the laws of 2011 and subdivi- 25 sion 3 as amended by chapter 687 of the laws of 1973, are amended to 26 read as follows: 27 2. A sentence of imprisonment in a state correctional institution for 28 any term less than for life or a sentence of imprisonment in a state 29 correctional institution for an indeterminate term, having a minimum of 30 one day and a maximum of natural life shall not be deemed to suspend the 31 right or capacity of any person so sentenced to commence and prosecute 32 an action or proceeding in any court within this state or before a body 33 or officer exercising judicial, quasi-judicial or administrative func- 34 tions within this state; provided, however, that where at the time of 35 the commencement and during the prosecution of such action or proceeding 36 such person is an [inmate] incarcerated individual of a state correc- 37 tional institution, he or she shall not appear at any place other than 38 within the institution for any purpose related to such action or 39 proceeding unless upon a subpoena issued by the court before whom such 40 action or proceeding is pending or, where such action or proceeding is 41 pending before a body or officer, before a judge to whom a petition for 42 habeas corpus could be made under subdivision (b) of section seven thou- 43 sand two of the civil practice law and rules upon motion of any party 44 and upon a determination that such person's appearance is essential to 45 the proper and just disposition of the action or proceeding. Unless the 46 court orders otherwise, a motion for such subpoena shall be made on at 47 least two days' notice to the commissioner of corrections and community 48 supervision. 49 3. (a) Except as provided in paragraph (b) of this subdivision, the 50 state shall not be liable for any expense of or related to any such 51 action or proceeding, including but not limited to the expense of or 52 related to transporting the [inmate] incarcerated individual to, or 53 lodging or guarding him or her at any place other than in a state 54 correctional institution. The department of corrections and community 55 supervision shall not be required to perform any services related to 56 such action or proceeding, including but not limited to transporting theA. 7866 151 1 [inmate] incarcerated individual to or lodging or guarding him at any 2 place other than a state correctional institution unless and until the 3 department has received payment for such services. 4 (b) Where the [inmate] incarcerated individual is permitted in accord- 5 ance with any other law to proceed with the action or proceeding as a 6 poor person the expense of transporting the [inmate] incarcerated indi- 7 vidual to, or lodging or guarding him or her at any place other than in 8 a state correctional institution or any other expense relating thereto 9 shall be a state charge; provided, however, that where an [inmate] 10 incarcerated individual has been granted such permission and a recovery 11 by judgment or by settlement is had in his or her favor, the court may 12 direct him or her to pay out of the recovery all or part of any sum 13 expended by the state. 14 § 255. Subdivisions 2 and 3 of section 79-a of the civil rights law, 15 subdivision 2 and paragraph (a) of subdivision 3 as amended by section 16 57 of subpart B of part C of chapter 62 of the laws of 2011 and subdivi- 17 sion 3 as added by chapter 687 of the laws of 1973, are amended to read 18 as follows: 19 2. A sentence to imprisonment for life shall not be deemed to suspend 20 the right or capacity of any person so sentenced to commence, prosecute 21 or defend an action or proceeding in any court within this state or 22 before a body or officer exercising judicial, quasi-judicial or adminis- 23 trative functions within this state; provided, however, that where at 24 the time of the commencement and during the prosecution or defense of 25 such action or proceeding such person is an [inmate] incarcerated indi- 26 vidual of a state correctional institution, he or she shall not appear 27 at any place other than within the institution for any purpose related 28 to such action or proceeding unless upon a subpoena issued by the court 29 before whom such action or proceeding is pending or, where such action 30 or proceeding is pending before a body or officer, before a judge to 31 whom a petition for habeas corpus could be made under subdivision (b) of 32 section seven thousand two of the civil practice law and rules upon 33 motion of any party and upon a determination that such person's appear- 34 ance is essential to the proper and just disposition of the action or 35 proceeding. Unless the court orders otherwise, a motion for such subpoe- 36 na shall be made on at least two days' notice to the commissioner of 37 corrections and community supervision. 38 3. (a) Except as provided in paragraph (b) of this subdivision, the 39 state shall not be liable for any expense of or related to any such 40 action or proceeding, including but not limited to the expense of or 41 related to transporting the [inmate] incarcerated individual to, or 42 lodging or guarding him or her at any place other than in a state 43 correctional institution. The department of corrections and community 44 supervision shall not be required to perform any services related to 45 such action or proceeding, including but not limited to transporting the 46 [inmate] incarcerated individual to or lodging or guarding him or her at 47 any place other than a state correctional institution unless and until 48 the department has received payment for such services. 49 (b) Where the [inmate] incarcerated individual is permitted in accord- 50 ance with any other law to proceed with the action or proceeding as a 51 poor person the expense of transporting the [inmate] incarcerated indi- 52 vidual to, or lodging or guarding him or her at any place other than in 53 a state correctional institution or any other expense relating thereto 54 shall be a state charge; provided, however, that where an [inmate] 55 incarcerated individual has been granted such permission and a recovery 56 by judgment or by settlement is had in his or her favor, the court mayA. 7866 152 1 direct him or her to pay out of the recovery all or part of any sum 2 expended by the state. 3 § 256. Intentionally omitted. 4 § 257. Intentionally omitted. 5 § 258. Intentionally omitted. 6 § 259. Intentionally omitted. 7 § 260. Subdivision 7 of section 40 of chapter 784 of the laws of 1951, 8 constituting the New York state defense emergency act, is amended to 9 read as follows: 10 7. Heads of departments in charge of institutions shall have such 11 power with respect to health or safety of [inmates] incarcerated indi- 12 viduals thereof, including transportation of [inmates] incarcerated 13 individuals to, from and between such institutions. 14 § 261. Intentionally omitted. 15 § 262. Intentionally omitted. 16 § 263. The section heading of section 9-104 of the administrative code 17 of the city of New York is amended to read as follows: 18 Transfer of [inmates] incarcerated individuals by commissioner of 19 correction. 20 § 264. Subdivision a of section 9-107 of the administrative code of 21 the city of New York is amended to read as follows: 22 a. The commissioner of correction shall establish a program for the 23 treatment of heroin addicts through the use of methadone hydrochloride 24 therapy. The program shall be available on a voluntary basis only to 25 such [inmates] incarcerated individuals as apply, subject to a medical 26 evaluation, before acceptance, of their need for such treatment. 27 § 265. Section 9-109 of the administrative code of the city of New 28 York is amended to read as follows: 29 § 9-109 Classification. The commissioner of correction shall so far as 30 practicable classify all felons, misdemeanants and violators of local 31 laws under the commissioner's charge, so that the youthful or less hard- 32 ened offenders shall be segregated from the older or more hardened 33 offenders. The commissioner of correction may set apart one or more of 34 the penal institutions for the custody of such youthful or less hardened 35 offenders, and he or she is empowered to transfer such offenders thereto 36 from any penal institution of the city. The commissioner of correction 37 is empowered to classify the transferred [inmates] incarcerated individ- 38 uals, so far as practicable, with regard to age, nature of offense, or 39 other fact, and to separate or group such offenders according to such 40 classification. 41 § 266. Section 9-110 of the administrative code of the city of New 42 York, as amended by local law number 170 of the city of New York for the 43 year 2017, is amended to read as follows: 44 § 9-110 Education and programming. 45 The commissioner of correction may establish and maintain schools or 46 classes for the instruction and training of the [inmates] incarcerated 47 individuals of any institution under the commissioner's charge, and 48 shall offer to all [inmates] incarcerated individuals incarcerated for 49 more than 10 days a minimum of five hours per day of [inmate] incarcer- 50 ated individuals programming or education, excluding weekends and holi- 51 days. Such programming or education may be provided by the department 52 or by another provider, and need not be offered to [inmates] incarcerat- 53 ed individuals in punitive segregation, or to [inmates] incarcerated 54 individuals who may be ineligible or unavailable for such programming or 55 education, or where offering such programming or education would not be 56 consistent with the safety of the [inmate] incarcerated individual,A. 7866 153 1 staff or facility. Nothing in this section shall prohibit the department 2 from offering such programming or education on the basis of incentive- 3 based criteria developed by the department. For the purposes of this 4 section, the term "[inmate] incarcerated individual programming" has the 5 same meaning as in section 9-144. 6 § 267. Subdivision a of section 9-111 of the administrative code of 7 the city of New York is amended to read as follows: 8 a. The commissioner of correction is empowered to set aside in the 9 city prison a sufficient space for the purposes of installing a library 10 for the [inmates] incarcerated individuals. The commissioner of 11 correction may do likewise in any other place in which persons are held 12 for infractions of the law pending a determination by a court. 13 § 268. The section heading and the opening paragraph of subdivision a 14 of section 9-114 of the administrative code of the city of New York are 15 amended to read as follows: 16 Discipline of [inmates] incarcerated individuals. 17 Officers in any institution in the department of correction shall use 18 all suitable means to defend themselves, to enforce discipline, and to 19 secure the persons of [inmates] incarcerated individuals who shall: 20 § 269. The fourth undesignated paragraph of subdivision c of section 21 9-116 of the administrative code of the city of New York, as amended by 22 local law number 43 of the city of New York for the year 2006, is 23 amended to read as follows: 24 None of the foregoing provisions of this section shall apply to or 25 govern the rotation of tours of duty of custodial officers who may be 26 detailed or assigned to an institution wherein no [inmates] incarcerated 27 individuals are detained overnight. 28 § 270. Paragraph 3 of subdivision b of section 9-117 of the adminis- 29 trative code of the city of New York, as added by chapter 629 of the 30 laws of 2003, is amended to read as follows: 31 3. Nothing in this subdivision shall limit in any way persons who are 32 or will be employed by or under contract with the department of 33 correction from maintaining incidental supervision and custody of an 34 [inmate] incarcerated individual, where the primary duties and responsi- 35 bilities of such persons and contractors consist of administering or 36 providing programs and services to persons detained or confined in any 37 of its facilities; nor shall anything in this subdivision be construed 38 to limit or affect the existing authority of the mayor and commissioner 39 to appoint non-uniformed persons, whose duties include overall security 40 of the department of correction, to positions of authority. 41 § 271. Subdivisions a and c of section 9-118 of the administrative 42 code of the city of New York are amended to read as follows: 43 a. The commissioner of correction may establish a commissary in any 44 institution under the commissioner's jurisdiction for the use and bene- 45 fit of the [inmates] incarcerated individuals and employees thereof. All 46 moneys received from the sales of such commissaries shall be paid over 47 semi-monthly to the commissioner of finance without deduction. Except as 48 otherwise provided in this subdivision, the provisions of section 12-114 49 of the code shall apply to every officer or employee who receives such 50 moneys in the performance of his or her duties in any such commissary. 51 The accounts of the commissaries shall be subject to supervision, exam- 52 ination and audit by the comptroller and all other powers of the comp- 53 troller in accordance with the provisions of the charter and code. 54 c. Any surplus remaining in the commissary fund after deducting all 55 items described in subdivision b hereof shall be used for the general 56 welfare of the [inmates] incarcerated individuals of the institutionsA. 7866 154 1 under the jurisdiction of the department of correction. In the event 2 such fund at any time exceeds one hundred thousand dollars, the excess 3 shall be transferred to the general fund. 4 § 272. The section heading of section 9-121 of the administrative code 5 of the city of New York is amended to read as follows: 6 Records of [inmates] incarcerated individuals of institutions. 7 § 273. Section 9-122 of the administrative code of the city of New 8 York is amended to read as follows: 9 § 9-122 Labor of prisoners in other agencies; correction officers. A 10 correction officer or correction officers from the department of 11 correction shall at all times direct and guard all [inmates] incarcerat- 12 ed individuals of any of the institutions in the department of 13 correction who are performing work for any other agency. 14 § 274. Subdivision b of section 9-127 of the administrative code of 15 the city of New York, as added by local law number 54 of the city of New 16 York for the year 2004, is amended to read as follows: 17 b. The department of correction shall collect, from any sentenced 18 [inmate] incarcerated individual who will serve, after sentencing, ten 19 days or more in any city correctional institution, information relating 20 to such [inmate's] incarcerated individual's housing, employment and 21 sobriety needs. The department of correction shall, with the consent of 22 such [inmate] incarcerated individual, provide such information to any 23 social service organization that is providing discharge planning 24 services to such [inmate] incarcerated individual under contract with 25 the department of correction. For the purposes of this section and 26 sections 9-128 and 9-129 of this title, "discharge planning" shall mean 27 the creation of a plan for post-release services and assistance with 28 access to community-based resources and government benefits designed to 29 promote an [inmate's] incarcerated individual's successful reintegration 30 into the community. 31 § 275. Section 9-127.1 of the administrative code of the city of New 32 York, as added by local law number 167 of the city of New York for the 33 year 2017, is amended to read as follows: 34 § 9-127.1[.] Discharge planning. a. As used in this section, the 35 following terms have the following meanings: 36 Discharge plan. The term "discharge plan" means a plan describing the 37 manner in which an eligible [inmate] incarcerated individual will be 38 able to receive re-entry services upon release from the custody of the 39 department to the community. A discharge plan shall, to the extent prac- 40 ticable, be designed to address the unique needs of each eligible 41 [inmate] incarcerated individual, including but not limited to the 42 [inmate's] incarcerated individual's geographic location upon release 43 from the custody of the department, specific social service needs if 44 applicable, prior criminal history, and employment needs. 45 Eligible [inmate] incarcerated individual. The term "eligible 46 [inmate] incarcerated individual" means a person who served a sentence 47 of 30 days or more in the custody of the department, and who is being 48 released from the custody of the department to the community. 49 Re-entry services. The term "re-entry services" means appropriate 50 programming and support planning offered to an [inmate] incarcerated 51 individual upon release from the custody of the department to the commu- 52 nity, as well as follow-up support offered to the [inmate] incarcerated 53 individual after his or her release. Such programming, support planning, 54 and follow-up support shall include case management and connections to 55 employment, and other social services that may be available to such 56 [inmate] incarcerated individual upon his or her release.A. 7866 155 1 b. Prior to the release of an eligible [inmate] incarcerated individ- 2 ual from the custody of the department, a designee of the department 3 shall to the extent practicable develop and offer to such [inmate] 4 incarcerated individual a discharge plan. Discharge plans developed 5 pursuant to this section shall not be required when, upon release from 6 the custody of the department, an [inmate] incarcerated individual is 7 transferred to the custody of another government agency or to the custo- 8 dy of a hospital or healthcare provider, or where a discharge plan is 9 otherwise required by law. 10 § 276. Subdivisions a and b of section 9-128 of the administrative 11 code of the city of New York, as added by local law number 54 of the 12 city of New York for the year 2004, are amended to read as follows: 13 a. The department of correction shall make applications for government 14 benefits available to [inmates] incarcerated individuals by providing 15 such applications in areas accessible to [inmates] incarcerated individ- 16 uals in city correctional institutions. 17 b. The department of correction shall provide assistance with the 18 preparation of applications for government benefits and identification 19 to sentenced [inmates] incarcerated individuals who will serve, after 20 sentencing, thirty days or more in any city correctional institution and 21 who receive discharge planning services from the department of 22 correction or any social services organization under contract with the 23 department of correction, and, in its discretion, to any other [inmate] 24 incarcerated individual who may benefit from such assistance. 25 § 277. Section 9-129 of the administrative code of the city of New 26 York, as added by local law number 54 of the city of New York for the 27 year 2004, is amended to read as follows: 28 § 9-129 Reporting. The commissioner of correction shall submit a 29 report to the mayor and the council by October first of each year 30 regarding implementation of sections 9-127 and 9-128 of this title and 31 other discharge planning efforts, and, beginning October first, two 32 thousand eight and annually thereafter, regarding recidivism among 33 [inmates] incarcerated individuals receiving discharge planning services 34 from the department of correction or any social services organization 35 under contract with the department of correction. 36 § 278. Section 9-130 of the administrative code of the city of New 37 York, as added by local law number 33 of the city of New York for the 38 year 2016, paragraph 23 as amended and paragraph 24 of subdivision c as 39 added by local law number 145 for the year of 2018, is amended to read 40 as follows: 41 § 9-130 Jail data reporting. 42 a. Definitions. For purposes of this section, the following terms have 43 the following meanings: 44 Adolescent. The term "adolescent" means an [inmate] incarcerated indi- 45 vidual 16 or 17 years of age. 46 Adult. The term "adult" means an [inmate] incarcerated individual 22 47 years of age or older. 48 Assault. The term "assault" means any action taken with intent to 49 cause physical injury to another person. 50 Department. The term "department" means the New York city department 51 of correction. 52 Hospital. The term "hospital" includes any hospital setting, whether a 53 hospital outside of the department's jurisdiction or a correction unit 54 operated by the department within a hospital. 55 Serious injury. The term "serious injury" means a physical injury that 56 (i) creates a substantial risk of death or disfigurement; (ii) is a lossA. 7866 156 1 or impairment of a bodily organ; (iii) is a fracture or break to a bone 2 other than fingers and toes; or (iv) is an injury defined as serious by 3 a physician. 4 Sexual abuse. The term "sexual abuse" has the same meaning as set 5 forth in section 115.6 of title 28 of the code of federal regulations, 6 or successor regulation, promulgated pursuant to the federal prison rape 7 elimination act of 2003. 8 Staff. The term "staff" means anyone other than an [inmate] incarcer- 9 ated individual who works at a facility operated by the department. 10 Young adult. The term "young adult" means an [inmate] incarcerated 11 individual 18 to 21 years of age. 12 Use of force A. The term "use of force A" means a use of force by 13 staff on an [inmate] incarcerated individual resulting in an injury that 14 requires medical treatment beyond the prescription of over-the-counter 15 analgesics or the administration of minor first aid, including those 16 uses of force resulting in one or more of the following: (i) multiple 17 abrasions and/or contusions; (ii) chipped or cracked tooth; (iii) loss 18 of tooth; (iv) laceration; (v) puncture; (vi) fracture; (vii) loss of 19 consciousness, including a concussion; (viii) suture; (ix) internal 20 injuries, including but not limited to ruptured spleen or perforated 21 eardrum; or (x) admission to a hospital. 22 Use of force B. The term "use of force B" means a use of force by 23 staff on an [inmate] incarcerated individual which does not require 24 hospitalization or medical treatment beyond the prescription of over- 25 the-counter analgesics or the administration of minor first aid, includ- 26 ing the following: (i) a use of force resulting in a superficial bruise, 27 scrape, scratch, or minor swelling; and (ii) the forcible use of mechan- 28 ical restraints in a confrontational situation that results in no or 29 minor injury. 30 Use of force C. The term "use of force C" means a use of force by 31 staff on an [inmate] incarcerated individual resulting in no injury to 32 staff or [inmate] incarcerated individual, including an incident where 33 the use of oleoresin capsicum spray results in no injury, beyond irri- 34 tation that can be addressed through decontamination. 35 b. No later than 20 days after the end of each month, the department 36 shall post on its website a report containing the following information 37 for the prior month, in total and by indicating the rate per 100 38 [inmates] incarcerated individuals in the custody of the department 39 during such prior month: 40 1. fight infractions written against [inmates] incarcerated individ- 41 uals; 42 2. assaults on [inmates] incarcerated individuals by [inmates] incar- 43 cerated individuals involving stabbings, shootings or slashings; 44 3. assaults on [inmates] incarcerated individuals by [inmates] incar- 45 cerated individuals in which an [inmate] incarcerated individual 46 suffered a serious injury, excluding assaults involving stabbings, 47 shootings or slashings; 48 4. actual incidents of use of force A; 49 5. actual incidents of use of force B; 50 6. actual incidents of use of force C; 51 7. assaults on staff by [inmates] incarcerated individuals in which 52 staff suffered serious injury. 53 c. No later than 45 days after the end of each quarter ending March 54 31, June 30, September 30 and December 31, the department shall post on 55 its website a report containing the following information for the prior 56 quarter, in total and by indicating the rate per 100 [inmates] incarcer-A. 7866 157 1 ated individuals in the custody of the department during such prior 2 quarter. Such report shall also disaggregate the following information 3 by listing adults, young adults, and adolescent [inmates] incarcerated 4 individuals separately: 5 1. fight infractions written against [inmates] incarcerated individ- 6 uals; 7 2. assaults on [inmates] incarcerated individuals by [inmates] incar- 8 cerated individuals in which an [inmate] incarcerated individual 9 suffered a serious injury, excluding assaults involving stabbings, 10 shootings or slashings; 11 3. assaults on [inmates] incarcerated individuals by [inmates] incar- 12 cerated individuals involving stabbings; 13 4. assaults on [inmates] incarcerated individuals by [inmates] incar- 14 cerated individuals involving shootings; 15 5. assaults on [inmates] incarcerated individuals by [inmates] incar- 16 cerated individuals involving slashings; 17 6. total number of assaults on [inmates] incarcerated individuals by 18 [inmates] incarcerated individuals involving stabbings, shootings or 19 slashings; 20 7. total number of assaults on [inmates] incarcerated individuals by 21 [inmates] incarcerated individuals involving stabbings, shootings or 22 slashings in which an [inmate] incarcerated individual suffered a seri- 23 ous injury; 24 8. assaults on [inmates] incarcerated individuals by [inmates] incar- 25 cerated individuals in which an [inmate] incarcerated individual was 26 admitted to a hospital as a result; 27 9. homicides of [inmates] incarcerated individuals by [inmates] incar- 28 cerated individuals; 29 10. attempted suicides by [inmates] incarcerated individuals; 30 11. suicides by [inmates] incarcerated individuals; 31 12. assaults on staff by [inmates] incarcerated individuals; 32 13. assaults on staff by [inmates] incarcerated individuals in which 33 staff suffered serious injury; 34 14. assaults on staff by [inmates] incarcerated individuals in which 35 the staff was transported to a hospital as a result; 36 15. incidents in which an [inmate] incarcerated individual splashed 37 staff; 38 16. allegations of use of force A; 39 17. actual incidents of use of force A; 40 18. [inmate] incarcerated individual hospitalization as a result of 41 use of force A; 42 19. allegations of use of force B; 43 20. actual incidents of use of force B; 44 21. allegations of use of force C; 45 22. actual incidents of use of force C; 46 23. incidents of use of force C in which chemical agents were used; 47 24. incidents of use of force in which staff uses any device capable 48 of administering an electric shock. 49 d. Beginning July 1, 2016 and every July first thereafter, the depart- 50 ment shall post on its website a report for the prior calendar year 51 containing information pertaining to (1) allegations of sexual abuse of 52 an [inmate] incarcerated individual by an [inmate] incarcerated individ- 53 ual; (2) substantiated incidents of sexual abuse of an [inmate] incar- 54 cerated individual by an [inmate] incarcerated individual; (3) allega- 55 tions of sexual abuse of an [inmate] incarcerated individual by staff;A. 7866 158 1 and (4) substantiated incidents of sexual abuse of an [inmate] incarcer- 2 ated individual by staff. 3 e. The information in subdivisions b, c and d of this section shall be 4 compared to previous reporting periods, and shall be permanently stored 5 on the department's website. 6 § 279. Section 9-134 of administrative code of the city of New York, 7 as added by local law number 90 of the city of New York for the year 8 2015, is amended to read as follows: 9 § 9-134 Jail segregated housing statistics. a. Definitions. For the 10 purposes of this section, the following terms have the following mean- 11 ings: 12 Department. The term "department" means the New York city department 13 of correction. 14 [Inmate] Incarcerated individual recreation day. The term "[inmate] 15 incarcerated individual recreation day" means one day per each individ- 16 ual for every day in punitive segregation during each quarter. 17 [Inmate] Incarcerated individual shower day. The term "[inmate] incar- 18 cerated individual shower day" means one day per each individual for 19 every day in punitive segregation during each quarter. 20 Mental health unit ("MHU"). The term "mental health unit" ("MHU") 21 means any separate housing area staffed by mental health clinicians 22 where [inmates] incarcerated individuals with mental illness who have 23 been found guilty of violating department rules are housed, including 24 but not limited to restricted housing units and clinical alternative to 25 punitive segregation units. 26 Segregated housing unit. The term "segregated housing unit" means any 27 city jail housing units in which [inmates] incarcerated individuals are 28 regularly restricted to their cells more than the maximum number of 29 hours as set forth in subdivision (b) of section 1-05 of chapter 1 of 30 title 40 of the rules of the city of New York, or any successor rule 31 establishing such maximum number of hours for the general population of 32 [inmates] incarcerated individuals in city jails. Segregated housing 33 units do not include mental health units. Segregated housing units 34 include, but are not limited to, punitive segregation housing and 35 enhanced supervision housing. 36 Serious injury. The term "serious injury" means a physical injury that 37 includes: (i) a substantial risk of death or disfigurement; (ii) loss or 38 impairment of a bodily organ; (iii) a fracture or break to a bone, 39 excluding fingers and toes; (iv) an injury defined as serious by a 40 physician; and (v) any additional serious injury as defined by the 41 department. 42 Staff. The term "staff" means anyone, other than an [inmate] incarcer- 43 ated individual, working at a facility operated by the department. 44 Use of force. The term "use of force" means an instance where staff 45 used their hands or other parts of their body, objects, instruments, 46 chemical agents, electric devices, firearm, or any other physical method 47 to restrain, subdue, or compel an [inmate] incarcerated individual to 48 act in a particular way, or stop acting in a particular way. This term 49 shall not include moving, escorting, transporting, or applying 50 restraints to a compliant [inmate] incarcerated individual. 51 Use of force A. The term "use of force A" means a use of force result- 52 ing in an injury that requires medical treatment beyond the prescription 53 of over-the-counter analgesics or the administration of minor first aid, 54 including, but not limited to: (i) multiple abrasions and/or contusions; 55 (ii) chipped or cracked tooth; (iii) loss of tooth; (iv) laceration; (v) 56 puncture; (vi) fracture; (vii) loss of consciousness, including aA. 7866 159 1 concussion; (viii) suture; (ix) internal injuries, including but not 2 limited to ruptured spleen or perforated eardrum; or (x) admission to a 3 hospital. 4 Use of force B. The term "use of force B" means a use of force result- 5 ing in an injury that does not require hospitalization or medical treat- 6 ment beyond the prescription of over-the-counter analgesics or the 7 administration of minor first aid. 8 Use of force C. The term "use of force C" means a use of force result- 9 ing in no injury to staff or [inmates] incarcerated individuals. 10 b. For the quarter beginning October first, two thousand fourteen, 11 commencing on or before January twentieth, two thousand fifteen, and on 12 or before the twentieth day of each quarter thereafter, the commissioner 13 of correction shall post a report on the department website containing 14 information relating to the use of segregated housing units and MHU in 15 city jails for the previous quarter. Such quarterly report shall include 16 separate indicators, disaggregated by facility and housing category for 17 the total number of [inmates] incarcerated individuals housed in segre- 18 gated housing units and MHU. Such quarterly report shall also include 19 the following information regarding the segregated housing unit and MHU 20 population: (i) the number of [inmates] incarcerated individuals in each 21 security risk group as defined by the department's classification system 22 directive, (ii) the number of [inmates] incarcerated individuals subject 23 to enhanced restraints, including but not limited to, shackles, waist 24 chains and hand mittens, (iii) the number of [inmates] incarcerated 25 individuals sent to segregated housing units and MHU during the period, 26 (iv) the number of [inmates] incarcerated individuals sent to segregated 27 housing units and MHU from mental observation housing areas, (v) the 28 number of [inmates] incarcerated individuals, by highest infraction 29 offense grade as classified by the department, (grade one, two, or 30 three), (vi) the number of [inmates] incarcerated individuals serving 31 punitive segregation in the following specified ranges: less than ten 32 days, ten to thirty days, thirty-one to ninety days, ninety-one to one 33 hundred eighty days, one hundred eighty-one to three hundred sixty-five 34 days, and more than three hundred sixty-five days, (vii) the number of 35 [inmates] incarcerated individuals receiving mental health services, 36 (viii) the number of [inmates] incarcerated individuals twenty-one years 37 of age and under, (ix) the number of [inmates] incarcerated individuals 38 over twenty-one years of age in ten-year intervals, (x) the race and 39 gender of [inmates] incarcerated individuals, (xi) the number of 40 [inmates] incarcerated individuals who received infractions while in 41 segregated housing units or MHU, (xii) the number of [inmates] incarcer- 42 ated individuals who received infractions that led to the imposition of 43 additional punitive segregation time, (xiii) the number of [inmates] 44 incarcerated individuals who committed suicide, (xiv) the number of 45 [inmates] incarcerated individuals who attempted suicide, (xv) the 46 number of [inmates] incarcerated individuals on suicide watch, (xvi) the 47 number of [inmates] incarcerated individuals who caused injury to them- 48 selves (excluding suicide attempt), (xvii) the number of [inmates] 49 incarcerated individuals seriously injured while in segregated housing 50 units or MHU, (xviii) the number of [inmates] incarcerated individuals 51 who were sent to non-psychiatric hospitals outside the city jails, (xix) 52 the number of [inmates] incarcerated individuals who died (non-suicide), 53 (xx) the number of [inmates] incarcerated individuals transferred to a 54 psychiatric hospital from segregated housing units, (xxi) the number of 55 [inmates] incarcerated individuals transferred to a psychiatric hospital 56 from MHU, disaggregated by program, (xxii) the number of [inmates]A. 7866 160 1 incarcerated individuals moved from general punitive segregation to MHU, 2 disaggregated by program, (xxiii) the number of [inmates] incarcerated 3 individuals placed into MHU following a disciplinary hearing, disaggre- 4 gated by program, (xxiv) the number of [inmates] incarcerated individ- 5 uals moved from MHU to a segregated housing unit, disaggregated by 6 segregated housing unit type, (xxv) the number of [inmates] incarcerated 7 individuals prescribed anti-psychotic medications, mood stabilizers or 8 anti-anxiety medications, disaggregated by the type of medication, 9 (xxvi) the number of requests made by [inmates] incarcerated individuals 10 for medical or mental health treatment and the number granted, (xxvii) 11 the number of requests made by [inmates] incarcerated individuals to 12 attend congregate religious services and the number granted, (xxviii) 13 the number of requests made by [inmates] incarcerated individuals for 14 assistance from the law library and the number granted, (xxix) the 15 number of requests made by [inmates] incarcerated individuals to make 16 telephone calls and the number granted, disaggregated by weekly personal 17 calls and other permissible daily calls, (xxx) the number of [inmate] 18 incarcerated individual recreation days and the number of recreation 19 hours attended, (xxxi) the number of individual recreation hours that 20 were offered to [inmates] incarcerated individuals prior to six a.m., 21 (xxxii) the number of [inmate] incarcerated individual shower days and 22 the number of showers taken, (xxxiii) the number of [inmates] incarcer- 23 ated individuals who received visits, (xxxiv) the number of instances of 24 allegations of use of force, (xxxv) the number of instances of use of 25 force A, (xxxvi) the number of instances of use of force B, (xxxvii) the 26 number of instances of use of force C, (xxxviii) the number of instances 27 in which contraband was found, (xxxix) the number of instances of alle- 28 gations of staff on [inmate] incarcerated individual sexual assault, 29 (xl) the number of instances of substantiated staff on [inmate] incar- 30 cerated individual sexual assault, (xli) the number of instances of 31 allegations of [inmate] incarcerated individual on staff sexual assault, 32 and (xlii) the number of instances of substantiated [inmate] incarcerat- 33 ed individual on staff sexual assault. 34 § 280. Section 9-135 of the administrative code of the city of New 35 York, as added by local law number 84 of the city of New York for the 36 year 2015, is amended to read as follows: 37 § 9-135 Alternative housing unit waiting list. The commissioner shall 38 post a report every 60 days, on the department of correction website, 39 setting forth the number of city jail [inmates] incarcerated individuals 40 who have been found guilty of violating departmental rules but have yet 41 to be placed in punitive segregation, restrictive housing or a clinical 42 alternative to punitive segregation housing, or any successor to such 43 housing units, disaggregated by [inmates] incarcerated individuals with 44 "M" designations at the end of their book and case numbers, indicating 45 that the [inmates] incarcerated individuals are known to mental health 46 staff, and [inmates] incarcerated individuals without "M" designations. 47 Such report shall state the number of [inmates] incarcerated individuals 48 awaiting placement in any such housing unit categorized by the length of 49 time such [inmates] incarcerated individuals have been awaiting place- 50 ment in the following categories: 1-5 days, 6-15 days, 16-30 days, 31-60 51 days, and 61 days or longer. The commissioner shall also post, no later 52 than 45 days after the end of each quarter, a quarterly report that sets 53 forth the number of [inmates] incarcerated individuals awaiting transfer 54 to the custody of the New York state department of health or the New 55 York state [department of] office for people with developmental disabil- 56 ities pursuant to [section] article 730 of the criminal procedure law,A. 7866 161 1 the length of stay for such [inmates] incarcerated individuals, and the 2 housing facility in which such [inmates] incarcerated individuals were 3 placed. 4 § 281. Subdivision a and paragraph 4 of subdivision b of section 9-136 5 of the administrative code of the city of New York, as added by local 6 law number 87 of the city of New York for the year 2015, are amended to 7 read as follows: 8 a. Definitions. For the purposes of this section, the following terms 9 have the following meanings: 10 Grievance. The term "grievance" means a written complaint submitted by 11 an [inmate] incarcerated individual in the custody of the department 12 about an issue, condition, practice or action relating to the [inmate's] 13 incarcerated individual's confinement that is subject to the [inmate] 14 incarcerated individual grievance and request program or any successor 15 program. 16 [Inmate] Incarcerated individual grievance and request program. The 17 term "[inmate] incarcerated individual grievance and request program" 18 means a formal process established by the department that provides 19 [inmates] incarcerated individuals with the opportunity to resolve 20 issues regarding their confinement through a structured process. 21 4. The number of [inmates] incarcerated individuals that submitted 22 grievances. 23 § 282. Section 9-137 of the administrative code of the city of New 24 York, as added by local law number 88 of the city of New York for the 25 year 2015, is amended to read as follows: 26 § 9-137 Jail population statistics. 27 a. Within 45 days of the end of each quarter of the fiscal year, the 28 department shall post a report on its website containing information 29 related to the [inmate] incarcerated individual population in city jails 30 for the preceding quarter. Such quarterly report shall include the 31 following information based on the number of [inmate] incarcerated indi- 32 vidual admissions during the reporting period, and based on the average 33 daily population of the city's jails for the preceding quarter in total, 34 and as a percentage of the average daily population of [inmates] incar- 35 cerated individuals in the department's custody during the reporting 36 period: 37 1. Age, in years, disaggregated as follows: 16-17, 18-21, 22-25, 38 26-29, 30-39, 40-49, 50-59, 60-69, 70 or older. 39 2. Gender, including a separate category for those [inmates] incarcer- 40 ated individuals housed in any transgender housing unit. 41 3. Race of [inmates] incarcerated individuals, categorized as follows: 42 African-American, Hispanic, Asian, white, or any other race. 43 4. The borough in which the [inmate] incarcerated individual was 44 arrested. 45 5. Educational background as self-reported by [inmates] incarcerated 46 individuals after admission to the custody of the department, categor- 47 ized as follows based on the highest level of education achieved: no 48 high school diploma or general education diploma, a general education 49 diploma, a high school diploma, some college but no degree, an associ- 50 ate's degree, a bachelor's degree, or a post-collegiate degree. 51 6. The number of [inmates] incarcerated individuals identified by the 52 department as a member of a security risk group, as defined by the 53 department. 54 § 283. Section 9-138 of the administrative code of the city of New 55 York, as added by local law number 89 of the city of New York for the 56 year 2015, is amended to read as follows:A. 7866 162 1 § 9-138 Use of force directive. The commissioner shall post on the 2 department's website the directive stating the department's current 3 policies regarding the use of force by departmental staff on [inmates] 4 incarcerated individuals, including but not limited to the circumstances 5 in which any use of force is justified, the circumstances in which vari- 6 ous levels of force or various uses of equipment are justified, and the 7 procedures staff must follow prior to using force. The commissioner may 8 redact such directive as necessary to preserve safety and security in 9 the facilities under the department's control. 10 § 284. Section 9-139 of the administrative code of the city of New 11 York, as added by local law number 91 of the city of New York for the 12 year 2015, is amended to read as follows: 13 § 9-139 [Inmate] Incarcerated individual bill of rights. a. The 14 department shall inform every [inmate] incarcerated individual upon 15 admission to the custody of the department, in writing, using plain and 16 simple language, of their rights under department policy, which shall be 17 consistent with federal, state, and local laws, and board of correction 18 minimum standards, on the following topics: non-discriminatory treat- 19 ment, personal hygiene, recreation, religion, attorney visits, access to 20 legal reference materials, visitation, telephone calls and other corre- 21 spondence, media access, due process in any disciplinary proceedings, 22 health services, safety from violence, and the grievance system. 23 b. The department shall inform every [inmate] incarcerated individual 24 upon admission to the custody of the department, in writing, using plain 25 and simple language, of their responsibilities under the department's 26 rules governing [inmate] incarcerated individual conduct. 27 c. The department shall inform every [inmate] incarcerated individual 28 upon admission to the custody of the department, in writing, using plain 29 and simple language, of available services relating to education, voca- 30 tional development, drug and alcohol treatment and counseling, and 31 mental health treatment and counseling services. 32 d. The department shall publish on its website any documents created 33 pursuant to this section. Such documents shall be available in English 34 and Spanish. 35 e. Within 24 hours of admission to the custody of the department, the 36 department shall provide to each [inmate] incarcerated individual an 37 oral summary of the rights and responsibilities enumerated in subdivi- 38 sions a, b, and c of this section in the [inmate's] incarcerated indi- 39 vidual's preferred language, if the language is accessible through the 40 city's language access plan. The department shall make a good faith 41 effort to provide an oral summary in languages that are not accessible 42 through the city's language access plan as soon as practicable. 43 f. Upon admission to the custody of the department, each [inmate] 44 incarcerated individual shall also be offered the option of being 45 provided the Connections guidebook for formerly incarcerated people, or 46 any similar or successor book or handbook that describes resources 47 available to those re-entering society after being incarcerated. 48 § 285. Subdivision b of section 9-140 of the administrative code of 49 the city of New York, as added by local law number 85 of the city of New 50 York for the year 2015, is amended to read as follows: 51 b. The commissioner shall post on the department website on a quarter- 52 ly basis, within 30 days of the beginning of each quarter, a report 53 containing information pertaining to the visitation of the [inmate] 54 incarcerated individual population in city jails for the prior quarter. 55 Such quarterly report shall include the following information in totalA. 7866 163 1 and disaggregated by whether the visitor is a professional, and also 2 disaggregated by the type of services the professional provides: 3 1. The total number of visitors to city jails, the total number of 4 visitors to borough jail facilities, and the total number of visitors to 5 city jails on Rikers Island. 6 2. The total number of visitors that visited an [inmate] incarcerated 7 individual at city jails, the total number of visitors that visited an 8 [inmate] incarcerated individual at borough jail facilities, and the 9 total number of visitors that visited an [inmate] incarcerated individ- 10 ual at city jails on Rikers Island. 11 3. The number of visitors unable to visit an [inmate] incarcerated 12 individual at any city jail, in total and disaggregated by the reason 13 such visit was not completed. 14 4. The [inmate] incarcerated individual visitation rate, which shall 15 be calculated by dividing the average daily number of visitors who 16 visited [inmates] incarcerated individuals at city jails during the 17 reporting period by the average daily [inmate] incarcerated individual 18 population of city jails during the reporting period. 19 5. The borough jail facility visitation rate, which shall be calcu- 20 lated by dividing the average daily number of visitors who visited 21 [inmates] incarcerated individuals at borough jail facilities during the 22 reporting period by the average daily [inmate] incarcerated individual 23 population of borough jail facilities during the reporting period. 24 6. The Rikers Island visitation rate, which shall be calculated by 25 dividing the average daily number of visitors who visited [inmates] 26 incarcerated individuals at city jails on Rikers Island during the 27 reporting period by the average daily [inmate] incarcerated individual 28 population of city jails on Rikers Island during the reporting period. 29 § 286. Section 9-141 of the administrative code of the city of New 30 York, as added by local law number 82 of the city of New York for the 31 year 2016, is amended to read as follows: 32 § 9-141 Feminine hygiene products. All female [inmates] incarcerated 33 individuals in the custody of the department shall be provided, at the 34 department's expense, with feminine hygiene products as soon as practi- 35 cable upon request. All female individuals arrested and detained in the 36 custody of the department for at least 48 hours shall be provided, at 37 the department's expense, with feminine hygiene products as soon as 38 practicable upon request. For purposes of this section, "feminine 39 hygiene products" means tampons and sanitary napkins for use in 40 connection with the menstrual cycle. 41 § 287. Subdivisions a and c and paragraphs 6 and 7 of subdivision d of 42 section 9-142 of the administrative code of the city of New York, as 43 added by local law number 120 of the city of New York for the year 2016, 44 are amended to read as follows: 45 a. Definitions. For the purposes of this section, the following terms 46 shall have the following meanings: 47 Child. The term "child" means any person one year of age or younger 48 whose mother is in the custody of the department. 49 Nursery. The term "nursery" means any department facility designed to 50 accommodate newborn children of incarcerated mothers, pursuant to New 51 York state correctional law section 611 or any successor statute. 52 Staff. The term "staff" means anyone, other than an [inmate] incarcer- 53 ated individual, working at a facility operated by the department. 54 Use of force A. The term "use of force A" means a use of force by 55 staff on an [inmate] incarcerated individual resulting in an injury to 56 staff or [inmate] incarcerated individual that requires medical treat-A. 7866 164 1 ment beyond the prescription of over-the-counter analgesics or the 2 administration of minor first aid, including those uses of force result- 3 ing in one or more of the following treatments/injuries: (i) multiple 4 abrasions and/or contusions; (ii) chipped or cracked tooth; (iii) loss 5 of tooth; (iv) laceration; (v) puncture; (vi) fracture; (vii) loss of 6 consciousness; including a concussion; (viii) suture; (ix) internal 7 injuries, including but not limited to, ruptured spleen or perforated 8 eardrum; and (x) admission to a hospital. 9 Use of force B. The term "use of force B" means a use of force by 10 staff on an [inmate] incarcerated individual resulting in an injury to 11 staff or [inmate] incarcerated individual that does not require hospi- 12 talization or medical treatment beyond the prescription of over-the- 13 counter analgesics or the administration of minor first aid, including 14 the following: (i) a use of force resulting in a superficial bruise, 15 scrape, scratch, or minor swelling; and (ii) the forcible use of mechan- 16 ical restraints in a confrontational situation that results in no or 17 minor injury. 18 Use of force C. The term "use of force C" means a use of force by 19 staff on an [inmate] incarcerated individual resulting in no injury to 20 staff or [inmate] incarcerated individual, including incidents where use 21 of oleoresin capsicum spray results in no injury, beyond irritation that 22 can be addressed through decontamination. 23 c. Children and their mothers shall be housed in the nursery unless 24 the department determines that such housing would not be in the best 25 interest of such child pursuant to section 611 of the correction law or 26 any successor statute. The department shall maintain formal written 27 procedures consistent with this policy and with the following 28 provisions: 29 1. The warden of the facility in which the nursery is located may deny 30 a child admission to the nursery only if a consideration of all relevant 31 evidence indicates that such admission would not be in the best interest 32 of the child. 33 2. Any [inmate] incarcerated individual whose child is denied admis- 34 sion to the nursery shall be provided with a written determination spec- 35 ifying the facts and reasons underlying such determination. Such notice 36 shall indicate that this determination may be appealed, and describe the 37 appeals process in plain and simple language. 38 3. An [inmate] incarcerated individual may appeal such determination. 39 The appeal shall be decided by the commissioner or the chief of the 40 department, in consultation with a person who has expertise in early 41 childhood development. Any denial of an appeal shall include a specific 42 statement of the reasons for denial. A copy of this determination on 43 the appeal shall be provided to such [inmate] incarcerated individual. 44 4. [Inmates] Incarcerated individuals who are unable to read or under- 45 stand the procedures in this subdivision shall be provided with neces- 46 sary assistance. 47 6. The programming and services available to [inmates] incarcerated 48 individuals and children in the nursery, including but not limited to 49 the following categories: parenting, health and mental health, drug 50 and/or alcohol addiction, vocational, educational, recreational, or 51 other life skills; and 52 7. The following information by indicating the rate per 100 female 53 [inmates] incarcerated individuals in the custody of the department, 54 disaggregated by whether or not the incident took place in the nursery: 55 (i) incidents of use of force A, (ii) incidents of use of force B, (iii)A. 7866 165 1 incidents of use of force C, and (iv) incidents of use of force C in 2 which chemical agents are used. 3 § 288. The section heading and subdivisions a and b of section 9-143 4 of the administrative code of the city of New York, as added by local 5 law number 121 of the city of New York for the year 2016, are amended to 6 read as follows: 7 Annual report on mentally ill [inmates] incarcerated individuals and 8 recidivism. 9 a. Definitions. For the purposes of this section, the following terms 10 have the following meanings: 11 Eligible [inmate] incarcerated individual. The term "eligible [inmate] 12 incarcerated individual" means an [inmate] incarcerated individual whose 13 period of confinement in a city correctional facility lasts 24 hours or 14 longer, and who, during such confinement, receives treatment for a 15 mental illness, but does not include [inmates] incarcerated individuals 16 seen by mental health staff on no more than two occasions during their 17 confinement and assessed on the latter of those occasions as having no 18 need for further treatment in any city correctional facility or upon 19 their release from any such facility. 20 Reporting period. The term "reporting period" means the calendar year 21 two years prior to the year in which the report issued pursuant to this 22 section is issued. 23 b. No later than March 31 of each year, beginning in 2017, the depart- 24 ment shall post on its website a report regarding mentally ill [inmates] 25 incarcerated individuals and recidivism. Such report shall include but 26 not be limited to the following information: 27 1. The number of [inmates] incarcerated individuals released by the 28 department to the community during the reporting period, the number of 29 eligible inmates released to the community by the department during the 30 reporting period, and the percentage of [inmates] incarcerated individ- 31 uals released to the community by the department who were eligible 32 during the reporting period, provided that such report shall count each 33 individual released during the reporting period only once; and 34 2. The number and percentage of [inmates] incarcerated individuals 35 released to the community by the department during the reporting period 36 who returned to the custody of the department within one year of their 37 discharge, and the number and percentage of eligible [inmates] incarcer- 38 ated individuals released to the community by the department during the 39 reporting period who returned to the custody of the department within 40 one year of their discharge, provided that such report shall count each 41 individual released during the reporting period only once. 42 § 289. Subdivision a of section 9-144 of the administrative code of 43 the city of New York, as added by local law number 122 of the city of 44 New York for the year 2016, is amended to read as follows: 45 [a.] The department shall evaluate [inmate] incarcerated individual 46 programming each calendar year. For purposes of this section, "[inmate] 47 incarcerated individual programming" includes but is not limited to any 48 structured services offered directly to [inmates] incarcerated individ- 49 uals for the purposes of vocational training, counseling, cognitive 50 behavioral therapy, addressing drug dependencies, or any similar 51 purpose. No later than April 1 of each year, beginning in 2017, the 52 department shall submit a summary of each evaluation to the mayor and 53 the council, and post such summary to the department's website. This 54 summary shall include factors determined by the department, including, 55 but not be limited to, information related to the following for each 56 such program: (i) the amount of funding received; (ii) estimated numberA. 7866 166 1 of [inmates] incarcerated individuals served; (iii) a brief description 2 of the program including the estimated number of hours of programming 3 offered and utilized, program length, goals, target populations, effec- 4 tiveness, and outcome measurements, where applicable; and (iv) success- 5 ful completion and compliance rates, if applicable. Such summary shall 6 be permanently accessible from the department's website and shall be 7 provided in a format that permits automated processing, where appropri- 8 ate. Each yearly summary shall include a comparison of the current year 9 with the prior five years, where such information is available. 10 § 290. The second undesignated paragraph of subdivision a of section 11 9-145 of the administrative code of the city of New York, as added by 12 local law number 123 of the city of New York for the year 2016, is 13 amended to read as follows: 14 Staff. The term "staff" means any employee of the department or any 15 person who regularly provides health or counseling services directly to 16 [inmates] incarcerated individuals. 17 § 291. The section heading and subdivisions a and b of section 9-146 18 of the administrative code of the city of New York, as added by local 19 law number 178 of the city of New York for the year 2016, are amended to 20 read as follows: 21 [Inmate court] Court appearance transportation for incarcerated indi- 22 viduals. a. By April 1, 2017 and upon gaining access to such database 23 described in subdivision c of this section, the department shall, within 24 48 hours of admission of an [inmate] incarcerated individual to the 25 custody of the department, determine whether an [inmate] incarcerated 26 individual has any pending court appearances scheduled in New York city 27 criminal court or the criminal term of New York state supreme court 28 other than those appearances for cases for which such defendant is 29 admitted to the custody of the department or that pertain solely to the 30 payment of court surcharges. 31 b. In complying with subdivision a of this section, the department 32 shall: 33 1. notify the office of court administration that such [inmate] incar- 34 cerated individual is in department custody upon determination of such 35 court appearance, pursuant to subdivision a of this section; and 36 2. provide, as required by the court, transportation for every 37 [inmate] incarcerated individual for all such court appearances. 38 § 292. Section 9-147 of the administrative code of the city of New 39 York, as added by local law number 180 of the city of New York for the 40 year 2016, is amended to read as follows: 41 § 9-147 [Inmate court] Court appearance clothing for incarcerated 42 individuals. Except as provided elsewhere in this section, the depart- 43 ment shall provide every [inmate] incarcerated individual appearing for 44 a trial or before a grand jury with access to clothing in their personal 45 property prior to transport for such appearance, and produce all such 46 [inmates] incarcerated individuals for such appearances in such cloth- 47 ing. If such clothing is not available, or if an [inmate] incarcerated 48 individual chooses not to wear their personal clothing, the department 49 shall provide such [inmate] incarcerated individual with new or gently 50 used, size appropriate clothing of a kind customarily worn by persons 51 not in the custody of the department, unless (i) such [inmate] incarcer- 52 ated individual chooses to wear the uniform issued by the department, or 53 (ii) such [inmate] incarcerated individual is required to wear such 54 uniform by an order of the court. The department shall permit personal 55 clothing to be delivered to an [inmate] incarcerated individual during 56 such time as packages are permitted to be delivered under title 40 ofA. 7866 167 1 the rules of the city of New York or during reasonable hours the day 2 before an [inmate's] incarcerated individual's scheduled appearance for 3 a trial or before a grand jury. New or gently used, weather- and size- 4 appropriate clothing of a kind customarily worn by persons not in the 5 custody of the department shall be offered to any [inmate] incarcerated 6 individual released from the custody of the department from a court, 7 unless the [inmate] incarcerated individual is wearing the [inmate's] 8 incarcerated individual's own personal clothing. 9 § 293. Subdivisions a, b and c of section 9-148 of the administrative 10 code of the city of New York, as added by local law number 123 of the 11 city of New York for the year 2017, are amended to read as follows: 12 a. The department shall accept cash bail payments immediately and 13 continuously after an [inmate] incarcerated individual is admitted to 14 the custody of the department, except on such dates on which an [inmate] 15 incarcerated individual appears in court other than an arraignment in 16 criminal court. 17 b. The department shall release any [inmate] incarcerated individual 18 for whom bail or bond has been paid or posted within the required time 19 period of the later of such payment being made or the department's 20 receipt of notice thereof, provided that if an [inmate] incarcerated 21 individual cannot be released within the required time period due to 22 extreme and unusual circumstances then such [inmate] incarcerated indi- 23 vidual shall be released as soon as possible. Such timeframe may be 24 extended when any of the following occurs, provided that the [inmate's] 25 incarcerated individual's release shall be forthwith as that term is 26 used in section 520.15 of the criminal procedure law: 27 1. The [inmate] incarcerated individual receives discharge planning 28 services prior to release; 29 2. The [inmate] incarcerated individual has a warrant or hold from 30 another jurisdiction or agency; 31 3. The [inmate] incarcerated individual is being transported at the 32 time bail or bond is paid or posted; 33 4. The [inmate] incarcerated individual is not in departmental custody 34 at the time bail or bond is paid or posted; 35 5. The [inmate] incarcerated individual requires immediate medical or 36 mental health treatment; or 37 6. Section 520.30 of the criminal procedure law necessitates a delay. 38 c. The department shall accept or facilitate the acceptance of cash 39 bail payments for [inmates] incarcerated individuals in the custody of 40 the department: (i) at any courthouse of the New York City Criminal 41 Court, (ii) at any location within one half mile of any such courthouse 42 during all operating hours of such courthouse and at least two hours 43 subsequent to such courthouse's closing, or (iii) online. 44 § 294. Subdivision a, the opening paragraph of subdivision b, subdivi- 45 sions c and d of section 9-149 of the administrative code of the city of 46 New York, as added by local law number 124 of the city of New York for 47 the year 2017, are amended to read as follows: 48 a. In order to facilitate the posting of bail, the department may 49 delay the transportation of an [inmate] incarcerated individual for 50 admission to a housing facility for not less than four and not more than 51 12 hours following the inmate's arraignment in criminal court if 52 requested by either the department or a not-for-profit corporation under 53 contract with the city to provide pretrial and other criminal justice 54 services, including interviewing adult defendants either before or after 55 such persons are arraigned on criminal charges, has made direct contactA. 7866 168 1 with a person who reports that he or she will post bail for the [inmate] 2 incarcerated individual. 3 Such delay is not permissible for any [inmate] incarcerated individual 4 who: 5 c. This section does not require the department to exceed the lawful 6 capacity of any structure or unit, or require the department to detain 7 [inmates] incarcerated individuals in courthouse facilities during such 8 times as correctional staff are not regularly scheduled to detain 9 [inmates] incarcerated individuals provided that the department must 10 provide for the regular staffing of courthouse facilities for at least 11 one hour after the last [inmate] incarcerated individual was taken into 12 custody on bail. 13 d. Beginning July 1, 2018, the department or its designee shall submit 14 to the council an annual report regarding the implementation of subdivi- 15 sions a and b of this section. Such report shall include the following 16 information: 17 1. The locations in which the department has implemented the 18 provisions of this section; 19 2. In such locations, the number of [inmates] incarcerated individuals 20 whose admission to a housing facility was delayed pursuant to this 21 section; 22 3. The number and percentage of such [inmates] incarcerated individ- 23 uals who posted bail during such delay and the number and percentage of 24 such [inmates] incarcerated individuals who posted bail during the two 25 calendar days following such [inmates'] incarcerated individuals' 26 arraignment; and 27 4. The number of [inmates] incarcerated individuals whose admission to 28 a housing facility was delayed and who required medical treatment during 29 such period of delay. 30 § 295. Section 9-150 of the administrative code of the city of New 31 York, as added by local law number 125 of the city of New York for the 32 year 2017, is amended to read as follows: 33 § 9-150 Bail facilitation. 34 Definitions. As used in this section, the following terms have the 35 following meanings: 36 Bail facilitator. The term "bail facilitator" means a person or 37 persons whose duties include explaining to eligible [inmates] incarcer- 38 ated individuals how to post bail or bond, explaining the fees that may 39 be collected by bail bonds companies, taking reasonable steps to commu- 40 nicate directly with or facilitate [inmate] incarcerated individual 41 communication with possible sureties, and taking any other reasonable 42 measures to assist [inmates] incarcerated individuals in posting bail or 43 bond. 44 Eligible [inmate] incarcerated individual. The term "eligible 45 [inmate] incarcerated individual" means a person in the custody of the 46 department held only on bail or bond. 47 a. Within 24 hours of taking custody of an eligible [inmate] incarcer- 48 ated individual, the department shall provide to such [inmate] incarcer- 49 ated individual the following information in written form: (i) the 50 [inmate's] incarcerated individual's amount of bail or bond, (ii) the 51 [inmate's] incarcerated individual's New York state identification 52 number or booking and case number or other unique identifying number, 53 (iii) options for all forms of bail payment and all steps required for 54 such payment, including the locations at which a surety may post bail 55 and the requirements for so posting, and (iv) any other informationA. 7866 169 1 relevant to assisting the [inmate] incarcerated individual in posting 2 bail or bond. 3 b. Within 24 hours of taking custody of eligible [inmates] incarcerat- 4 ed individuals, the department shall notify such [inmates] incarcerated 5 individuals that they may post their own bail. Within such time period, 6 the department shall, to the extent practicable and in a manner consist- 7 ent with officer safety and all applicable laws, offer such [inmates] 8 incarcerated individuals the opportunity to obtain property, including 9 personal contact information and financial resources, that such 10 [inmates] incarcerated individuals may require for the purpose of post- 11 ing bail and which is stored in such [inmate's] incarcerated individ- 12 ual's personal property, provided that any member of the department who 13 accesses such [inmate's] incarcerated individual's property pursuant to 14 this subdivision shall request access only for the purpose of facilitat- 15 ing posting bail. 16 c. The department shall ensure that bail facilitators meet with all 17 eligible [inmates] incarcerated individuals within 48 hours of their 18 admission to the custody of the department, that eligible [inmates] 19 incarcerated individuals have continued access to bail facilitators, and 20 that bail facilitators are provided with reasonable resources necessary 21 to fulfill their duties. 22 § 296. Subdivision d of section 9-151 of the administrative code of 23 the city of New York, as added by local law number 168 of the city of 24 New York for the year 2017, is amended to read as follows: 25 d. The department of correction report shall include, but need not be 26 limited to, the following information, which shall be produced in a 27 format that protects the privacy interests of [inmates] incarcerated 28 individuals, including but not limited to those who have juvenile 29 records and sealed criminal records or are otherwise protected by state 30 or federal law. The student age as of the incident date will be used to 31 categorize the student as adolescent or young adult, for the purposes of 32 this reporting. 33 § 297. The second undesignated paragraph of subdivision a of section 34 9-152 of the administrative code of the city of New York, as added by 35 local law number 216 of the city of New York for the year 2017, is 36 amended to read as follows: 37 Incident. The term "incident" means any incident in which staff used 38 force on an [inmate] incarcerated individual. 39 § 298. The opening paragraph and paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 40 10, 12, 13, 14, 15, 33 and the opening paragraphs of paragraphs 11 and 41 16 of subdivision a of section 9-306 of the administrative code of the 42 city of New York, as added by local law number 86 of the city of New 43 York for the year 2015 and such section as renumbered by local law 44 number 25 of the city of New York for the year 2018, are amended to read 45 as follows: 46 Within 90 days of the beginning of each reporting period, the office 47 of criminal justice shall post on its website a report regarding bail 48 and the criminal justice system for the preceding reporting period. The 49 reporting period for paragraphs 1, 3, 14, and 15 of this subdivision is 50 quarterly, the reporting period for paragraphs 2, 4, 5, 6, 7, 8, 9, 10, 51 11, 12, 13, and 16 is semi-annually, and the reporting period for para- 52 graphs 17 through 33 is annually. For the purposes of this subdivision, 53 any [inmate] incarcerated individual incarcerated on multiple charges 54 shall be deemed to be incarcerated only on the most serious charge, a 55 violent felony shall be deemed to be more serious than a non-violent 56 felony of the same class, any [inmate] incarcerated individual incarcer-A. 7866 170 1 ated on multiple charges of the same severity shall be deemed to be held 2 on each charge, any [inmate] incarcerated individual incarcerated on 3 multiple bail amounts shall be deemed to be held only on the highest 4 bail amount, any [inmate] incarcerated individual held on pending crimi- 5 nal charges who has a parole hold shall be deemed to be held only on the 6 parole hold, any [inmate] incarcerated individual held on pending crimi- 7 nal charges who has any other hold shall be deemed to be held only on 8 the pending criminal charges, and any [inmate] incarcerated individual 9 incarcerated on multiple cases in which sentence has been imposed on at 10 least one of such cases shall be deemed to be sentenced. Such report 11 shall contain the following information, for the preceding reporting 12 period or for the most recent reporting period for which such informa- 13 tion is available, to the extent such information is available: 14 1. The average daily population of [inmates] incarcerated individuals 15 in the custody of the department of correction. 16 2. The number of [inmates] incarcerated individuals admitted to the 17 custody of the department of correction during the reporting period who 18 had been sentenced to a definite sentence, the number held on pending 19 criminal charges, and the number in any other category. 20 3. Of the number of [inmates] incarcerated individuals in the custody 21 of the department of correction on the last Friday of each calendar 22 month of the reporting period, the percentage who had been sentenced to 23 a definite sentence, the percentage held on pending criminal charges, 24 and the percentage in any other category. 25 4. Of the number of [inmates] incarcerated individuals in the custody 26 of the department of correction on the last Friday of each calendar 27 month of the reporting period held on pending criminal charges, the 28 percentage who were remanded without bail. 29 5. The number of [inmates] incarcerated individuals in the custody of 30 the department of correction who were sentenced to a definite sentence 31 during the reporting period of the following length: (a) 1-15 days; (b) 32 16-30 days; (c) 31-90 days; (d) 91-180 days; or (e) more than 180 days. 33 6. Of the number [inmates] of incarcerated individuals in the custody 34 of the department of correction on the last Friday of each calendar 35 month of the reporting period who were sentenced to a definite sentence, 36 the percentage of [inmates] incarcerated individuals whose sentences 37 were of the following lengths: (a) 1-15 days; (b) 16-30 days; (c) 31-90 38 days; (d) 91-180 days; or (e) more than 180 days. 39 7. The number of [inmates] incarcerated individuals admitted to the 40 custody of the department of correction during the reporting period on 41 pending criminal charges who were charged with offenses of the following 42 severity: (a) class A felonies; (b) class B or C felonies; (c) class D 43 or E felonies; (d) misdemeanors; or (e) non-criminal charges. 44 8. Of the number of [inmates] incarcerated individuals in the custody 45 of the department of correction on the last Friday of each calendar 46 month of the reporting period held on pending criminal charges, the 47 percentage charged with offenses of the following severity: (a) class A 48 felonies; (b) class B or C felonies; (c) class D or E felonies; (d) 49 misdemeanors; or (e) non-criminal charges. 50 9. The number of [inmates] incarcerated individuals admitted to the 51 custody of the department of correction during the reporting period on 52 pending criminal charges who were charged with offenses of the following 53 severity: (a) class A felonies disaggregated by offense; (b) violent 54 felonies as defined in section 70.02 of the penal law; (c) non-violent 55 felonies as defined in section 70.02 of the penal law; (d) misdemeanors; 56 or (e) non-criminal charges.A. 7866 171 1 10. Of the number of [inmates] incarcerated individuals in the custody 2 of the department of correction on the last Friday of each calendar 3 month of the reporting period held on pending criminal charges, the 4 percentage charged with offenses of the following severity: (a) class A 5 felonies disaggregated by offense; (b) violent felonies as defined in 6 section 70.02 of the penal law; (c) non-violent felonies as defined in 7 section 70.02 of the penal law; (d) misdemeanors; or (e) non-criminal 8 charges. 9 Of the number of [inmates] incarcerated individuals in the custody of 10 the department of correction on the last Friday of each calendar month 11 of the reporting period held on pending criminal charges, the percentage 12 charged with offenses of the following type, including the attempt to 13 commit any of such offense as defined in [section] article 110 of the 14 penal law: 15 12. The number of [inmates] incarcerated individuals admitted to the 16 custody of the department of correction during the reporting period on 17 pending criminal charges who were charged with offenses in the catego- 18 ries defined in subparagraphs a, b, and c of paragraph 11 of this subdi- 19 vision. 20 13. The number of [inmates] incarcerated individuals admitted to the 21 custody of the department of correction during the reporting period on 22 pending criminal charges who had bail fixed in the following amounts: 23 (a) $1; (b) $2-$500; (c) $501-$1000; (d) $1001-$2500; (e) $2501-$5000; 24 (f) $5001-$10,000; (g) $10,001-$25,000; (h) $25,001-$50,000; (i) 25 $50,001-$100,000; or (j) more than $100,000. 26 14. Of the number of [inmates] incarcerated individuals in the custody 27 of the department of correction on the final Friday of each calendar 28 month of the reporting period who were held on pending criminal charges, 29 the percentage who had bail fixed in the following amounts: (a) $1; (b) 30 $2-$500; (c) $501-$1000; (d) $1001-$2500; (e) $2501-$5000; (f) 31 $5001-$10,000; (g) $10,001-$25,000; (h) $25,001-$50,000; (i) 32 $50,001-$100,000; or (j) more than $100,000. 33 15. Of the number of [inmates] incarcerated individuals in the custody 34 of the department of correction on the final day of the reporting period 35 who were held on pending criminal charges, the percentage who had been 36 incarcerated for the following lengths of time: (a) 1-2 days; (b) 3-5 37 days; (c) 6-15 days; (d) 16-30 days; (e) 31-90 days; (f) 91-180 days; 38 (g) 180-365 days; or (h) more than 365 days. 39 The information in paragraphs 1, 5, 7, 9, 13, 15, 30, 31, 32, and 33 40 of this subdivision disaggregated by the borough in which the [inmate's] 41 incarcerated individual's case was pending. This data shall be listed 42 separately and shall also be compared to the following crime rates 43 disaggregated by borough: 44 33. Of the number of [inmates] incarcerated individuals in the custody 45 of the department of correction on the last Friday of each calendar 46 month who were held on pending criminal charges during the reporting 47 period, the percentage in which the status of the criminal case on the 48 final day of the reporting period is as follows: (a) the charges are 49 pending and the defendant was released by posting bail; (b) the charges 50 are pending and the defendant was released by court order; (c) the 51 charges are pending and the defendant was not released; (d) conviction 52 for a violent felony; (e) conviction for a non-violent felony; (f) 53 conviction for a misdemeanor; (g) conviction for a non-criminal offense; 54 (h) charges dismissed or adjourned in contemplation of dismissal; or (i) 55 any other disposition.A. 7866 172 1 § 299. Subdivision (e) of section 11-4021 of the administrative code 2 of the city of New York, as amended by chapter 556 of the laws of 2011, 3 is amended to read as follows: 4 (e) In the alternative, the commissioner of finance may dispose of any 5 cigarettes seized pursuant to this section, except those that violate, 6 or are suspected of violating, federal trademark laws or import laws, by 7 transferring them to the department of correction for sale to or use by 8 [inmates] incarcerated individuals in such institutions. 9 § 300. Subdivision b of section 14-140 of the administrative code of 10 the city of New York, as amended by local law number 28 of the city of 11 New York for the year 1987, is amended to read as follows: 12 b. Custody of property and money. All property or money taken from the 13 person or possession of a prisoner, all property or money suspected of 14 having been unlawfully obtained or stolen or embezzled or of being the 15 proceeds of crime or derived through crime or derived through the 16 conversion of unlawfully acquired property or money or derived through 17 the use or sale of property prohibited by law from being held, used or 18 sold, all property or money suspected of having been used as a means of 19 committing crime or employed in aid or furtherance of crime or held, 20 used or sold in violation of law, all money or property suspected of 21 being the proceeds of or derived through bookmaking, policy, common 22 gambling, keeping a gambling place or device, or any other form of ille- 23 gal gambling activity and all property or money employed in or in 24 connection with or in furtherance of any such gambling activity, all 25 property or money taken by the police as evidence in a criminal investi- 26 gation or proceeding, all property or money taken from or surrendered by 27 a pawnbroker on suspicion of being the proceeds of crime or of having 28 been unlawfully obtained, held or used by the person who deposited the 29 same with the pawnbroker, all property or money which is lost or aban- 30 doned, all property or money left uncared for upon a public street, 31 public building or public place, all property or money taken from the 32 possession of a person appearing to be insane, intoxicated or otherwise 33 incapable of taking care of himself or herself, that shall come into the 34 custody of any member of the police force or criminal court, and all 35 property or money of [inmates] incarcerated individuals of any city 36 hospital, prison or institution except the property found on deceased 37 persons that shall remain unclaimed in its custody for a period of one 38 month, shall be given, as soon as practicable, into the custody of and 39 kept by the property clerk except that vehicles suspected of being 40 stolen or abandoned and evidence vehicles as defined in subdivision b of 41 section 20-495 of the code may be taken into custody in the manner 42 provided for in subdivision b of section 20-519 of the code. 43 § 301. Intentionally omitted. 44 § 302. Intentionally omitted. 45 § 303. Intentionally omitted. 46 § 304. The opening paragraph of subdivision a of section 17-199 of the 47 administrative code of the city of New York, as added by local law 48 number 58 of the city of New York for the year 2015, is amended to read 49 as follows: 50 The department shall submit to the mayor and the speaker of the coun- 51 cil no later than July 15, 2015, and every three months thereafter, a 52 report regarding the medical and mental health services provided to 53 [inmates] incarcerated individuals in city correctional facilities 54 during the previous three calendar months that includes, but need not be 55 limited to:A. 7866 173 1 § 305. The third and fourth undesignated paragraphs of section 17-1801 2 of the administrative code of the city of New York, as added by local 3 law number 124 of the city of New York for the year 2016, is amended to 4 read as follows: 5 Health evaluation. The term "health evaluation" means any evaluation 6 of an [inmate's] incarcerated individual's health and mental health upon 7 their admission to the custody of the department of correction pursuant 8 to minimum standards of [inmate] incarcerated individual care estab- 9 lished by the board of correction. 10 [Inmate] Incarcerated individual. The term ["inmate"] "incarcerated 11 individual" means any person in the custody of the New York city depart- 12 ment of correction. 13 § 306. The section heading of section 17-1803 of the administrative 14 code of the city of New York, as added by local law number 124 of the 15 city of New York for the year 2016, is amended to read as follows: 16 [Inmate health] Health information from screening of incarcerated 17 individuals. 18 § 307. Section 17-1804 of the administrative code of the city of New 19 York, as added by local law number 124 of the city of New York for the 20 year 2016, is amended to read as follows: 21 § 17-1804 [Inmate health] Health information exchange of incarcerated 22 individuals. The department or its designee shall establish procedures 23 to obtain the pre-arraignment screening record created pursuant to 24 section 17-1802 and any medical records created and maintained by any 25 hospital in connection with treatment provided to an arrestee who subse- 26 quently enters the custody of the department of correction, at the 27 request of any health care provider conducting a health evaluation of 28 such [inmate] incarcerated individuals. 29 § 308. Intentionally omitted. 30 § 309. Intentionally omitted. 31 § 310. Intentionally omitted. 32 § 311. Intentionally omitted. 33 § 312. Section 27-260 of the administrative code of the city of New 34 York is amended to read as follows: 35 § 27-260 Classification. Buildings and spaces shall be classified in 36 the institutional occupancy group when persons suffering from physical 37 limitations because of health or age are harbored therein for care or 38 treatment; when persons are detained therein for penal or correctional 39 purposes; or when the liberty of the [inmates] incarcerated individuals 40 is restricted. The institutional occupancy group consists of sub groups 41 H-1 and H-2. 42 § 313. Subdivision b of section 403.4.1 of chapter 4 of the New York 43 city plumbing code, as amended by local law number 79 of the city of New 44 York for the year 2016, is amended to read as follows: 45 b. Toilet facilities for employees shall be separate from facilities 46 for [inmates] incarcerated individuals or patients. 47 § 314. Subdivision e of section 13-c of the New York city charter, as 48 added by local law number 103 of the city of New York for the year 2016, 49 is amended to read as follows: 50 e. Four-year plan. Within one year after the completion of the first 51 biennial report required by subdivision d of this section, and in every 52 fourth calendar year thereafter, the coordinator shall prepare and 53 submit to the mayor and the council a four-year plan for providing 54 reentry services to those city residents who need such services. Such 55 plan may include recommendations for approaches to serving city resi- 56 dents in need of reentry services, including the establishment of anA. 7866 174 1 initial point of access for individuals immediately upon their release 2 from the custody of the department of correction in a location adjacent 3 to Rikers Island or to the correctional facility that releases the most 4 [inmates] incarcerated individuals daily. Such report and plan shall 5 also identify obstacles to making such services available to all those 6 who need them and describe what additional resources would be necessary 7 to do so. 8 § 315. Paragraph 8 of subdivision d of section 556 of the New York 9 city charter, as added by a vote of the people of the city of New York 10 at the general election held in November of 2001, section 11 of proposal 11 number 5, is amended to read as follows: 12 (8) promote or provide medical and health services for the [inmates] 13 incarcerated individuals of prisons maintained and operated by the city; 14 § 316. Section 625 of the New York city charter is amended to read as 15 follows: 16 § 625. Labor of prisoners. Every [inmate] incarcerated individual of 17 an institution under the authority of the commissioner shall be employed 18 in some form of industry, in farming operations or other employment, and 19 products thereof shall be utilized in the institutions under the commis- 20 sioner or in any other agency. Those persons held for trial may be 21 employed in the same manner as sentenced prisoners, provided they give 22 their consent in writing. Such [inmates] incarcerated individuals or 23 prisoners held for trial may be detailed by the commissioner to perform 24 work or service on the grounds and buildings or on any public improve- 25 ment under the charge of any other agency. 26 § 317. Paragraph 1 of subdivision d of section 803 of the New York 27 city charter, as added by local law number 165 of the city of New York 28 for the year 2016, is amended to read as follows: 29 1. The commissioner shall, immediately upon appointment of the indi- 30 vidual described in paragraph 2 of this subdivision, in addition to the 31 investigatory work done in the normal course of the commissioner's 32 duties, on an ongoing basis, conduct system-wide investigations, 33 reviews, studies, and audits, and make recommendations regarding 34 system-wide operations, policies, programs, and practices of the depart- 35 ment of correction, with the goal of improving conditions in city jails, 36 including but not limited to, reducing violence in departmental facili- 37 ties, protecting the safety of departmental employees and [inmates] 38 incarcerated individuals, protecting the rights of [inmates] incarcerat- 39 ed individuals, and increasing the public's confidence in the department 40 of correction. The commissioner may consider, in addition to any other 41 information the commissioner deems relevant, information regarding civil 42 actions filed in state or federal court against individual correction 43 officers or the city regarding the department of correction, notices of 44 claim received by the comptroller filed against individual correction 45 officers or the city regarding the department of correction, settlements 46 by the comptroller of claims filed against individual correction offi- 47 cers or the city regarding the department of correction, complaints 48 received and investigations conducted by the board of correction, 49 complaints received and any investigations regarding such complaints 50 conducted by the department of correction, complaints received pursuant 51 to section 804 of this chapter, and any criminal arrests or investi- 52 gations of individual correction officers known to the department of 53 investigation in its ongoing review of the department of correction. 54 § 318. Subdivision 9 of section 1057-a of the New York city charter, 55 as added by local law number 138 of the city of New York for the year 56 2016, is amended to read as follows:A. 7866 175 1 9. In addition to the other requirements of this section, the depart- 2 ment of correction shall implement and administer a program of distrib- 3 ution and submission of absentee ballot applications, and subsequently 4 received absentee ballots, for eligible [inmates] incarcerated individ- 5 uals. Such department shall offer, to all [inmates] incarcerated indi- 6 viduals who are registered to vote, absentee ballot applications, and a 7 means to complete them, during the period from sixty days prior to any 8 primary, special, or general election in the city of New York until two 9 weeks prior to any such election. Such department shall subsequently 10 provide any absentee ballot received from the board of elections in 11 response to any such application to the applicable [inmate] incarcerated 12 individual, as well as a means to complete it. Such department shall 13 provide assistance to any such [inmate] incarcerated individual in fill- 14 ing out such application or ballot upon request. Such department shall, 15 not later than five days after receipt, transmit such completed applica- 16 tions and ballots from any [inmate] incarcerated individual who wishes 17 to have them transmitted to the board of elections for the city of New 18 York. The provisions of this subdivision shall not apply in any specific 19 instance in which the department deems it unsafe to comply therewith. 20 § 319. Whenever the term "inmate" or any equivalent expression thereof 21 is used in any provision of law, such term shall be deemed to mean and 22 refer to an "incarcerated individual" or variation thereof. 23 § 320. Any provision of any act of the legislature enacted in the 24 calendar year in which this act is enacted, which contains a reference 25 to an inmate or an equivalent expression thereof shall be deemed to mean 26 or refer to an incarcerated individual as the context requires pursuant 27 to the provisions of this act. 28 § 321. The commissioner of the department of corrections and community 29 supervision and the commissioner of the department of criminal justice 30 services shall act to remove references to "inmate" or an equivalent 31 expression thereof from internal documents and replace such references 32 to "incarcerated individual" as the context requires. 33 § 322. This act shall take effect immediately, provided, however, 34 that: 35 1. the amendments to subdivision 1 of section 259-c of the executive 36 law made by section eight of this act shall be subject to the expiration 37 and reversion of such subdivision pursuant to subdivision d of section 38 74 of chapter 3 of the laws of 1995, as amended, when upon such date the 39 provisions of section eight-a of this act shall take effect; 40 2. the amendments to subdivision 2 of section 259-c of the executive 41 law made by section eight-b of this act shall take effect on the same 42 date and in the same manner as section 38-b of subpart A of part C of 43 chapter 62 of the laws of 2011, takes effect; 44 3. the amendments to paragraph (a) of subdivision 2 and paragraph (d) 45 of subdivision 3 of section 259-i of the executive law made by section 46 eleven of this act shall be subject to the expiration and reversion of 47 such paragraphs pursuant to subdivision d of section 74 of chapter 3 of 48 the laws of 1995, as amended, when upon such date the provisions of 49 section eleven-a of this act shall take effect; 50 4. the amendments to paragraph (a) of subdivision 1 of section 259-r 51 of the executive law made by section fourteen of this act shall be 52 subject to the expiration and reversion of such paragraph pursuant to 53 subdivision d of section 74 of chapter 3 of the laws of 1995, as 54 amended, when upon such date the provisions of section fourteen-a of 55 this act shall take effect;A. 7866 176 1 5. the amendments to paragraph b of subdivision 2 of section 265 of 2 the executive law made by section sixteen of this act shall not affect 3 the repeal of such section and shall be deemed repealed therewith; 4 6. the amendments to paragraph (a-1) of subdivision 1 of section 5 2807-c of the public health law made by section fifty-three of this act 6 shall be subject to the expiration and reversion of such paragraph 7 pursuant to subdivision 5 of section 168 of chapter 639 of the laws of 8 1996, as amended, when upon such date the provisions of section fifty- 9 three-a of this act shall take effect; 10 7. the amendments to subdivision 5 of section 60.35 of the penal law 11 made by section one hundred three of this act shall be subject to the 12 expiration and reversion of such subdivision pursuant to subdivision h 13 of section 74 of chapter 3 of the laws of 1995, as amended, when upon 14 such date the provisions of section one hundred three-a of this act 15 shall take effect; 16 8. the amendments to paragraph (d) of subdivision 1 of section 70.20 17 of the penal law made by section one hundred four of this act shall be 18 subject to the expiration and reversion of such subdivision pursuant to 19 subdivision d of section 74 of chapter 3 of the laws of 1995, as 20 amended, when upon such date the provisions of section one hundred 21 four-a of this act shall take effect; 22 9. the amendments to subdivision 18 of section 2 of the correction law 23 made by section one hundred seven of this act shall be subject to the 24 expiration and reversion of such subdivision pursuant to subdivision (q) 25 of section 427 of chapter 55 of the laws of 1992, as amended, when upon 26 such date the provisions of section one hundred seven-a of this act 27 shall take effect; 28 10. the amendments to subdivision 17 of section 45 of the correction 29 law made by section one hundred twenty-one of this act shall not affect 30 the repeal of such subdivision and shall be deemed repealed therewith; 31 11. the amendments to subdivision 5 of section 72 of the correction 32 law made by section one hundred twenty-eight of this act shall be 33 subject to the expiration and reversion of such subdivision pursuant to 34 section 10 of chapter 339 of the laws of 1972, as amended, when upon 35 such date the provisions of section one hundred twenty-eight-a of this 36 act shall take effect; 37 12. the amendments to section 72-a of the correction law made by 38 section one hundred twenty-nine of this act shall not affect the expira- 39 tion of such section and shall be deemed to expire therewith; 40 13. the amendments to section 91 of the correction law made by section 41 one hundred forty-two of this act shall be subject to the expiration and 42 reversion of such section pursuant to section 8 of part H of chapter 56 43 of the laws of 2009, as amended, when upon such date the provisions of 44 section one hundred forty-two-a of this act shall take effect; 45 14. the amendments to section 92 of the correction law made by section 46 one hundred forty-three of this act shall be subject to the expiration 47 and reversion of such section pursuant to section 8 of part H of chapter 48 56 of the laws of 2009, as amended, when upon such date the provisions 49 of section one hundred forty-three-a of this act shall take effect; 50 15. the amendments to sections 500-b, 500-c, and 500-o of the 51 correction law made by sections one hundred ninety-eight, one hundred 52 ninety-nine, and two hundred three of this act shall not affect the 53 repeal of such sections and shall be deemed repealed therewith; 54 16. the amendments to subdivision (a) of section 601 of the correction 55 law made by section two hundred nine of this act shall be subject to the 56 expiration and reversion of such subdivision pursuant to subdivision dA. 7866 177 1 of section 74 of chapter 3 of the laws of 1995, as amended, when upon 2 such date the provisions of section two hundred nine-a of this act shall 3 take effect; 4 17. the amendments to subdivision (b) of section 601 of the correction 5 law made by section two hundred nine-a of this act shall take effect on 6 the same date and in the same manner as section 6 of chapter 738 of the 7 laws of 2004, takes effect; 8 18. the amendments to article 22-A of the correction law made by 9 sections two hundred twenty, two hundred twenty-one, two hundred twen- 10 ty-two and two hundred twenty-three of this act shall not affect the 11 expiration of such article and shall be deemed to expire therewith; 12 19. the amendments to section 803 of the correction law made by 13 section two hundred twenty-four of this act shall be subject to the 14 expiration and reversion of such section pursuant to subdivision d of 15 section 74 of chapter 3 of the laws of 1995, as amended, when upon such 16 date the provisions of section two hundred twenty-four-a of this act 17 shall take effect; 18 20. the amendments to section 805 of the correction law made by 19 section two hundred twenty-six of this act shall be subject to the expi- 20 ration and reversion of such section pursuant to subdivision d of 21 section 74 of chapter 3 of the laws of 1995, as amended, when upon such 22 date the provisions of section two hundred twenty-six-a of this act 23 shall take effect; 24 21. the amendments to section 806 of the correction law made by 25 section two hundred twenty-seven of this act shall not affect the repeal 26 of such section and shall be deemed repealed therewith; 27 22. the amendments to subdivision 2 of section 851 of the correction 28 law made by section two hundred twenty-eight of this act shall be 29 subject to the expiration and reversion of such subdivision and section 30 pursuant to subdivision (c) of section 46 of chapter 60 of the laws of 31 1994 and section 10 of chapter 339 of the laws of 1972, as amended, when 32 upon such date the provisions of section two hundred twenty-eight-b of 33 this act shall take effect; 34 23. the amendments to section 851 of the correction law made by 35 sections two hundred twenty-eight-b and two hundred twenty-eight-c of 36 this act shall be subject to the expiration and reversion of such 37 section pursuant to subdivision (c) of section 46 of chapter 60 of the 38 laws of 1994, section 10 of chapter 339 of the laws of 1972, and section 39 5 of chapter 554 of the laws of 1986, as amended, when upon such date 40 section two hundred twenty-eight-d of this act shall take effect; 41 24. the amendments to section 851 of the correction law, made by 42 section two hundred twenty-eight-a of this act, shall not affect the 43 expiration and reversion of such section pursuant to chapter 339 of the 44 laws of 1972, as amended, and shall expire therewith, when upon such 45 date section two hundred twenty-eight-c of this act shall take effect; 46 25. the amendments to section 852 of the correction law, made by 47 section two hundred twenty-nine of this act shall be subject to the 48 expiration and reversion of such section pursuant to chapter 339 of the 49 laws of 1972, as amended, when upon such date the provisions of section 50 two hundred twenty-nine-a of this act shall take effect; 51 26. the amendments to section 855 of the correction law, made by 52 section two hundred thirty-one of this act, shall not affect the expira- 53 tion and reversion of such section pursuant to chapter 339 of the laws 54 of 1972, as amended, and shall expire therewith, when upon such date the 55 provisions of section two hundred thirty-one-a of this act shall take 56 effect;A. 7866 178 1 27. the amendments to section 856 of the correction law made by 2 section two hundred thirty-two of this act shall be subject to the expi- 3 ration and reversion of such section pursuant to chapter 339 of the laws 4 of 1972, as amended, when upon such date the provisions of section two 5 hundred thirty-two-a of this act shall take effect; 6 27-a. the amendments to section 865 of the correction law made by 7 section two hundred thirty-seven of this act shall take effect on the 8 same date and in the same manner as section 2 of part KK of chapter 55 9 of the laws of 2019, takes effect; 10 28. the amendments to subdivision 9 of section 10 of the court of 11 claims act made by section two hundred forty-six of this act shall not 12 affect the expiration of such subdivision and shall be deemed to expire 13 therewith; 14 29. the amendments to subdivision (f) of section 1101 of the civil 15 practice law and rules made by section two hundred forty-nine of this 16 act shall not affect the expiration of such subdivision and shall be 17 deemed to expire therewith; 18 30. the amendments to section 9-135 of the administrative code of the 19 city of New York made by section two hundred eighty of this act shall 20 not affect the repeal of such section and shall be deemed repealed ther- 21 ewith; and 22 31. the amendments to subdivision d of section 9-149 of the adminis- 23 trative code of the city of New York made by section two hundred nine- 24 ty-four of this act shall not affect the repeal of such subdivision and 25 shall be deemed repealed therewith.
