Bill Text: NY S04341 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to public health emergency allowances against sentences for certain incarcerated individuals; allows up to twelve months of public health emergency allowances to be given to incarcerated individuals during a public health crisis.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04341 Detail]

Download: New_York-2023-S04341-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4341

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 7, 2023
                                       ___________

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

        AN ACT to amend the correction law, in relation to public  health  emer-
          gency  allowances  against sentences for certain incarcerated individ-
          uals

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The correction law is amended by adding a new section 803-c
     2  to read as follows:
     3    §  803-c. Public health emergency allowances against indeterminate and
     4  determinate sentences. 1. Every person confined in an institution of the
     5  department or a facility in the department of mental hygiene serving  an
     6  indeterminate  or  determinate sentence of imprisonment, except a person
     7  serving a sentence with a  maximum  term  of  life  imprisonment,  shall
     8  receive  a  public  health  emergency time allowance against the term or
     9  maximum term of his or her sentence imposed by the  court.  Such  allow-
    10  ances  shall be granted for time served during a public health emergency
    11  in accordance with this section if:
    12    (a) the governor declares a state of disaster  emergency  pursuant  to
    13  section  twenty-eight  of  the  executive law in response to such public
    14  health emergency;
    15    (b) the public health emergency arises as a result of  a  communicable
    16  or infectious disease; and
    17    (c) the public health emergency results in the modification of correc-
    18  tional facility operations.
    19    2.  Except  as  provided  by subdivision three of this section, public
    20  health emergency allowances awarded pursuant to subdivision one of  this
    21  section  shall provide further remission from both the maximum and mini-
    22  mum term of an incarcerated individual's sentence at  the  rate  of  six
    23  months  for  each  month,  or  portion thereof, served during a state of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00397-01-3
        S. 4341                             2

     1  disaster emergency declared by the governor pursuant to section  twenty-
     2  eight of the executive law in response to the public health emergency.
     3    3.  Public  health  emergency allowances shall not be available to any
     4  person serving an indeterminate or determinate sentence authorized for a
     5  sex offense under article one hundred thirty of the penal law.
     6    4. An incarcerated individual shall not be  awarded  a  public  health
     7  emergency  allowance  in  excess  of  twelve months of remission for any
     8  single public health emergency.
     9    § 2. This act shall take effect immediately.