S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5861
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2021
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on 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:
 
   Section 1. The correction law is amended by adding a new section 803-c
 to read as follows:
   § 803-C. PUBLIC HEALTH EMERGENCY ALLOWANCES AGAINST INDETERMINATE  AND
 DETERMINATE SENTENCES. 1. EVERY PERSON CONFINED IN AN INSTITUTION OF THE
 DEPARTMENT  OR A FACILITY IN THE DEPARTMENT OF MENTAL HYGIENE SERVING AN
 INDETERMINATE OR DETERMINATE SENTENCE OF IMPRISONMENT, EXCEPT  A  PERSON
 SERVING  A  SENTENCE  WITH  A  MAXIMUM  TERM OF LIFE IMPRISONMENT, SHALL
 RECEIVE A PUBLIC HEALTH EMERGENCY TIME ALLOWANCE  AGAINST  THE  TERM  OR
 MAXIMUM  TERM  OF  HIS OR HER SENTENCE IMPOSED BY THE COURT. SUCH ALLOW-
 ANCES SHALL BE GRANTED FOR TIME SERVED DURING A PUBLIC HEALTH  EMERGENCY
 IN ACCORDANCE WITH THIS SECTION IF:
   (A)  THE  GOVERNOR  DECLARES A STATE OF DISASTER EMERGENCY PURSUANT TO
 SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW IN  RESPONSE  TO  SUCH  PUBLIC
 HEALTH EMERGENCY;
   (B)  THE  PUBLIC HEALTH EMERGENCY ARISES AS A RESULT OF A COMMUNICABLE
 OR INFECTIOUS DISEASE; AND
   (C) THE PUBLIC HEALTH EMERGENCY RESULTS IN THE MODIFICATION OF CORREC-
 TIONAL FACILITY OPERATIONS.
   2. EXCEPT AS PROVIDED BY SUBDIVISION THREE  OF  THIS  SECTION,  PUBLIC
 HEALTH  EMERGENCY ALLOWANCES AWARDED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION SHALL PROVIDE FURTHER REMISSION FROM BOTH THE MAXIMUM AND  MINI-
 MUM  TERM  OF  AN  INCARCERATED INDIVIDUAL'S SENTENCE AT THE RATE OF SIX
 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.
                                                            LBD02781-01-1
              

 A. 5861                             2
 
 DISASTER  EMERGENCY DECLARED BY THE GOVERNOR PURSUANT TO SECTION TWENTY-
 EIGHT OF THE EXECUTIVE LAW IN RESPONSE TO THE PUBLIC HEALTH EMERGENCY.
   3.  PUBLIC  HEALTH  EMERGENCY ALLOWANCES SHALL NOT BE AVAILABLE TO ANY
 PERSON SERVING AN INDETERMINATE OR DETERMINATE SENTENCE AUTHORIZED FOR A
 SEX OFFENSE UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW.
   4. AN INCARCERATED INDIVIDUAL SHALL NOT BE  AWARDED  A  PUBLIC  HEALTH
 EMERGENCY  ALLOWANCE  IN  EXCESS  OF  TWELVE MONTHS OF REMISSION FOR ANY
 SINGLE PUBLIC HEALTH EMERGENCY.
   § 2. This act shall take effect immediately.