NY State Senate Bill 2021-S9423

Senate Bill S9423

2021-2022 Legislative Session

Relates to the establishment of emergency management release plans to be developed for use in correctional facilities in the event of a state disaster emergency declared pursuant to executive order

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2022	referred to correction delivered to assembly passed senate
May 31, 2022	ordered to third reading cal.1733 committee discharged and committed to rules
May 25, 2022	referred to crime victims, crime and correction

Votes

- Jun 1, 2022 - Floor Vote
  S9423
  
  43
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Gaughran
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  May 31, 2022 - Rules Committee Vote
  S9423
  
  15
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 31, 2022
      
      aye (15)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      nay (2)
      
      Griffo
      
      Ortt
      
      aye wr (3)
      
      Boyle
      
      Lanza
      
      Ritchie
      
      absent (1)
      
      O'Mara

co-Sponsors

2021-S9423 (ACTIVE) - Details

Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Add §134, Cor L
Versions Introduced in 2023-2024 Legislative Session:: S309

2021-S9423 (ACTIVE) - Summary

Relates to the establishment of emergency management release plans to be developed for use in correctional facilities in the event of a state disaster emergency declared pursuant to executive order; establishes an advisory board to provide recommendations for the development of such plans; establishes criteria to be used to determine eligibility for emergency release of incarcerated individuals.

2021-S9423 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9423

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to the establishment of
emergency management release plans to be developed for use in correc-
tional facilities in the event of a state disaster emergency declared
pursuant to executive order

 
PURPOSE OF BILL:

The purpose of this bill is to protect incarcerated individuals, correc-
tional staff, and surrounding communities from preventable consequences
of public health or disaster emergencies. When COVID-19 hit New York,
our correctional system was ill-prepared. The result was a higher level
of risk, harm, and loss than would have occurred had disaster management
plans been in effect. This bill requires a thoughtful and deliberate
process for the creation of such plans for each correctional facility.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the correction law by adding a new section
134 titled State Disaster Emergency Management Plan, with 14 subdivi-
sions.

Subdivision 1 of the new section 134 establishes an advisory board to
make recommendations to DOCCS regarding the development of emergency
management release plans for use during a state disaster emergency
declared pursuant to executive order.

Subdivision 2 sets forth the composition of the board's membership.

Subdivision 3 provides a process for filling vacancies on the board.

Subdivision 4 provides a process for electing a chair of the board and
establishes quorum requirements.

Subdivision 5 sets forth the duties of the advisory board, including
establishing requirements that board members visit facilities, that they
evaluate and make site-specific recommendations regarding facilities'
state disaster emergency plan - including a selection process for deter-
mining eligibility for emergency release, a process for evacuation of
incarcerated individuals who do not qualify for emergency release,
changes to facility operations to ensuie the safety and well-being of
incarcerated individuals who remain incarcerated during a state disaster
emergency, and alternative methods to meet their needs.

Subdivision 6 requires state agencies and departments to assist the
advisory board as needed in the performance of their duties and provide
access to relevant information upon request.

Subdivision 7 prohibits the compensation of advisory board members but
allows their reimbursement for necessary and actual expenses.

Subdivision 8 authorizes the chair of the board to call meetings of the
board.


Subdivision 9 directs the board to issue its first general recommenda-
tions within 6 months of the effective date of this section, to issue
its facility-specific recommendations within 6 months of a visit to that
facility, and to update any recommendations it makes on at least an
annual basis.

Subdivision 10(a) directs DOCCS to develop and implement sustainable
facility-based emergency management release plans for use in correction-
al facilities in the event of a state disaster emergency declared pursu-
ant to executive order based on the advisory board's recommendations
within 1 year of receiving those recommendations and to update that plan
on at least an annual basis.

Subdivision 10(b) requires that emergency management release plans in
correctional facilities describe the procedures by which they will be
implemented, including factors to be considered in determining eligibil-
ity for emergency release and the reasons for any denials of eligibil-
ity.

Subdivision 11 specifies the factors to be considered when determining
eligibility for emergency release, including whether the individual is
terminally ill, is medically vulnerable, has additional documented
illness(es) verified by an independent medical professional that put
them at risk, is unlikely to pose a substantial risk of causing bodily
injury or inflicting physical violence against another person, is over
55 years of age, is a primary caregiver, is pregnant, has completed at
least half of their minimum sentence if serving and indeterminate
sentence or half of their sentence if serving a determinate sentence, or
will complete their sentence within 18 months of the enactment of this
section.

Subdivision 12 empowers DOCCS to act independently to implement the
emergency management release plans in correctional facilities upon the
declaration of a state disaster emergency by executive order.

Subdivision 13 requires DOCCS to provide the emergency management
release plan for each facility operated by DOCCS to the governor, the
state legislature, and the advisory board within 48 hours of the start
of a state disaster emergency declared by executive order, including a
certification that each facility has released the persons described
under this section, the identity of each person released pursuant to an
emergency management release plan, and the factors used to determine
their eligibility for emergency release, without invading the privacy of
those individuals.

Subdivision 14 defines terms used in this section. Section 2 provides
the effective date.

 
JUSTIFICATION:

The U.S. has the highest incarceration rate in the world. Facilities
often suffer from overcrowding and lack access to basic health care.
Correctional facilities across the state have been devastated by the
COVID-19 pandemic, having dramatically high rates of infection, spread,
and mortality. DOCCS was not prepared for the onset of the COVID-19
public health emergency. Moreover, this danger extends beyond prison
walls, impacting staff and their communities as well as the communities
of those imprisoned. Because the majority of incarcerated populations
tend to come from low-income, disenfranchised communities of color, the
added health risks of being incarcerated during a public health crisis
exacerbate an already high-risk situation. To reduce this cycle of
suffering and death and prevent it from happening in the future, we must
reimagine our entire system of incarceration and how correctional facil-
ities respond to state disaster emergencies such as the COVID-19 pandem-
ic. This bill creates a system of practical responses that would protect
incarcerated populations, correctional facility staff, outside popu-
lations that interact with the criminal justice system, and the inter-
ests of equity and justice.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2021-S9423 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9423
 
                             I N  S E N A T E
 
                               May 25, 2022
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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 the establishment of
   emergency management release plans to be developed for use in  correc-
   tional  facilities in the event of a state disaster emergency declared
   pursuant to executive order

   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 134
 to read as follows:
   § 134. STATE DISASTER EMERGENCY MANAGEMENT RELEASE  PLANS  IN  CORREC-
 TIONAL  FACILITIES.  1. THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT
 AN ADVISORY BOARD TO PROVIDE RECOMMENDATIONS TO THE DEPARTMENT REGARDING
 THE DEVELOPMENT OF EMERGENCY MANAGEMENT RELEASE PLANS WITHIN THE FACILI-
 TIES OPERATED BY THE DEPARTMENT FOR USE IN THE EVENT OF A STATE DISASTER
 EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER.
   2. THE ADVISORY BOARD SHALL CONSIST OF NINE MEMBERS INCLUDING:
   (A) THE COMMISSIONER OF THE DEPARTMENT, OR HIS OR HER DESIGNEE;
   (B) THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR HIS OR HER DESIG-
 NEE;
   (C) THE DIRECTOR OF HOMELAND SECURITY AND EMERGENCY SERVICES;
   (D) TWO INDIVIDUALS WHO WERE FORMERLY INCARCERATED IN FACILITIES OPER-
 ATED BY THE DEPARTMENT, ONE EACH APPOINTED BY THE TEMPORARY PRESIDENT OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY, BASED ON CONSULTATIONS  WITH
 ADVOCACY ORGANIZATIONS WORKING DIRECTLY WITH COMMUNITIES IMPACTED BY THE
 CRIMINAL JUSTICE SYSTEM;
   (E) THREE MEMBERS APPOINTED BY THE GOVERNOR INCLUDING:
   (I)  A  MEMBER OF THE NEW YORK STATE CORRECTIONAL OFFICERS' BENEVOLENT
 ASSOCIATION;
   (II) AN INDIVIDUAL WITH A DEMONSTRATED BACKGROUND IN  EMERGENCY  PLAN-
 NING  WHO  HAS CREATED AN EMERGENCY MANAGEMENT ACCREDITATION PROGRAM FOR
 ACCREDITATION PURPOSES IN THE PAST;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13475-04-2

 S. 9423                             2
 
   (III) AN INDIVIDUAL WITH A BACKGROUND IN CORRECTIONAL HEALTH,  CAPABLE
 OF  ASCERTAINING  PARTICULAR VULNERABILITIES TO ANY EMERGING DISEASES OR
 INFECTIONS, OR ANY OTHER PUBLIC HEALTH RISKS THAT COULD FACE THE  INCAR-
 CERATED POPULATION; AND
   (F) AN ATTORNEY WITH EXPERIENCE DEFENDING THE CONSTITUTIONAL RIGHTS OF
 INCARCERATED INDIVIDUALS.
   3.  VACANCIES ON THE ADVISORY BOARD SHALL BE FILLED IN THE SAME MANNER
 AS THE ORIGINAL APPOINTMENT.
   4. THE MEMBERS OF THE ADVISORY BOARD SHALL ELECT A CHAIR OF THE  BOARD
 FROM AMONG THEIR NUMBER. A MAJORITY OF THE MEMBERS OF THE ADVISORY BOARD
 SHALL  CONSTITUTE A QUORUM FOR THE PURPOSES OF THE BUSINESS OF THE ADVI-
 SORY BOARD.
   5. THE ADVISORY BOARD SHALL:
   (A) VISIT EACH FACILITY OPERATED BY THE DEPARTMENT AT LEAST  ONE  TIME
 EVERY THREE YEARS;
   (B)  EVALUATE  AND  MAKE  GENERAL RECOMMENDATIONS FOR THE CORRECTIONAL
 FACILITY SYSTEM AND FACILITY-SPECIFIC RECOMMENDATIONS FOR EACH  FACILITY
 OPERATED BY THE DEPARTMENT AS TO:
   (I)  A  SELECTION  PROCESS  FOR  INCARCERATED INDIVIDUALS ELIGIBLE FOR
 EMERGENCY RELEASE DURING A STATE DISASTER EMERGENCY DECLARED PURSUANT TO
 EXECUTIVE ORDER. SUCH SELECTION PROCESS SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO, CONSIDERATION OF INCARCERATED INDIVIDUALS WHO MEET  THE  CRITERIA
 INCLUDED UNDER SUBDIVISION ELEVEN OF THIS SECTION;
   (II)  A  PROCESS FOR EVACUATION OF INCARCERATED INDIVIDUALS WHO DO NOT
 QUALIFY FOR EMERGENCY RELEASE DURING A STATE DISASTER EMERGENCY DECLARED
 PURSUANT TO EXECUTIVE ORDER IF SUCH NEED ARISES;
   (III) CHANGES TO FACILITY OPERATIONS TO ENSURE THE SAFETY AND WELL-BE-
 ING OF INCARCERATED INDIVIDUALS WHO REMAIN INCARCERATED DURING  A  STATE
 DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER; AND
   (IV)  ALTERNATIVE  METHODS  THAT  CAN BE DEPLOYED IN ORDER TO MEET THE
 NEEDS OF INCARCERATED INDIVIDUALS WHO  REMAIN  INCARCERATED  DURING  THE
 STATE  DISASTER  EMERGENCY,  INCLUDING  ALTERNATIVES  TO HELP FACILITATE
 VISITS BY COUNSEL AND FAMILY VISITATION; AND
   (C) HAVE AUTHORITY BASED ON A DECLARED EMERGENCY TO  EVALUATE  REPORTS
 AND  DRAFT  COUNTER  REPORTS  WITH  ALTERNATIVE  RECOMMENDED  COURSES OF
 ACTION.
   6. EACH STATE AGENCY AND DEPARTMENT SHALL PROVIDE  ASSISTANCE  TO  THE
 ADVISORY  BOARD  AS  REQUESTED  FOR  THE PURPOSE OF FULFILLING THE OBLI-
 GATIONS OF THE ADVISORY BOARD UNDER THIS  SECTION.  THE  ADVISORY  BOARD
 SHALL HAVE ACCESS TO ALL THE RELEVANT DATA NECESSARY TO MAKE RECOMMENDA-
 TIONS  AS  PROVIDED  IN SUBDIVISION FIVE OF THIS SECTION, INCLUDING, BUT
 NOT LIMITED TO, FOR EACH FACILITY OPERATED  BY  THE  DEPARTMENT  IN  THE
 STATE:
   (A) THE NUMBER OF INCARCERATED INDIVIDUALS IN THE FACILITY;
   (B) INFORMATION AS TO THE VULNERABILITY AND RESILIENCY OF EACH FACILI-
 TY;
   (C) THE STAFF TO INCARCERATED INDIVIDUAL RATIO;
   (D) THE NUMBER OF VACANT SPOTS AT THE FACILITY; AND
   (E)  THE  NUMBER  AND  IDENTITY  OF  INCARCERATED INDIVIDUALS RELEASED
 PURSUANT TO THIS PLAN AND THE FACTORS UTILIZED TO DETERMINE SUCH RELEASE
 PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION AND A DETAILED REPORT  ON
 INCARCERATED  INDIVIDUALS  THAT  FIT INTO A CATEGORY BUT WERE DETERMINED
 INELIGIBLE FOR RELEASE PURSUANT TO THIS SECTION AND THE FACTORS UTILIZED
 FOR SUCH DETERMINATION.
 S. 9423                             3
 
   7. THE MEMBERS OF THE ADVISORY BOARD SHALL SERVE WITHOUT  COMPENSATION
 BUT  SHALL  BE REIMBURSED FOR THEIR NECESSARY AND ACTUAL EXPENSES IN THE
 PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.
   8.  MEETINGS  OF THE ADVISORY BOARD SHALL BE CALLED BY THE CHAIRPERSON
 OF THE ADVISORY BOARD.
   9. THE ADVISORY BOARD SHALL ISSUE ITS FIRST GENERAL RECOMMENDATIONS TO
 THE DEPARTMENT WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF  THIS  SECTION
 AND  SHALL  ISSUE  RECOMMENDATIONS  FOR  EACH  FACILITY  OPERATED BY THE
 DEPARTMENT NO LATER THAN SIX MONTHS AFTER THE ADVISORY BOARD CONDUCTS  A
 VISIT  TO SUCH FACILITY AND SHALL UPDATE ITS GENERAL RECOMMENDATIONS AND
 FACILITY SPECIFIC RECOMMENDATIONS ON AT LEAST AN ANNUAL BASIS.
   10. (A) WITHIN ONE YEAR OF RECEIPT OF THE RECOMMENDATIONS OF THE ADVI-
 SORY BOARD, THE  DEPARTMENT  SHALL  DEVELOP  AND  IMPLEMENT  SUSTAINABLE
 FACILITY-BASED EMERGENCY MANAGEMENT PLANS FOR THE RELEASE OF INCARCERAT-
 ED  INDIVIDUALS  FOR  USE  IN  THE  EVENT  OF A STATE DISASTER EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER BASED  UPON  THE  ADVISORY  BOARD'S
 RECOMMENDATIONS.  THE  DEPARTMENT SHALL REVIEW AND UPDATE EACH SUCH PLAN
 ON AT LEAST AN ANNUAL BASIS. UPDATES TO THE PLANS SHALL INCLUDE MEASURES
 TAKEN BASED UPON UPDATED RECOMMENDATIONS BY THE ADVISORY BOARD.
   (B) EMERGENCY PLANS DEVELOPED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS  DESCRIBING  THE
 PROCEDURES  THAT  WILL  BE IMPLEMENTED TO FACILITATE THE RECOMMENDATIONS
 MADE BY THE ADVISORY BOARD AS DESCRIBED IN PARAGRAPH (B) OF  SUBDIVISION
 FIVE OF THIS SECTION, INCLUDING A LIST OF INCARCERATED INDIVIDUALS TO BE
 CONSIDERED  FOR  EMERGENCY  RELEASE BASED ON THE CRITERIA ESTABLISHED IN
 SUBDIVISION ELEVEN OF THIS SECTION FOR DETERMINING ELIGIBILITY FOR EMER-
 GENCY RELEASE. AFTER SUCH LIST OF INCARCERATED INDIVIDUALS TO BE CONSID-
 ERED FOR EMERGENCY RELEASE IS COMPILED FOR EACH FACILITY OPERATED BY THE
 DEPARTMENT, INDIVIDUALIZED DECISIONS SHALL BE MADE BY THE DEPARTMENT  AS
 TO  THE  ELIGIBILITY  FOR  RELEASE OF EACH INCARCERATED INDIVIDUAL, WITH
 CLEARLY STATED REASONS IN CASE OF DENIAL.
   (I) AN INCARCERATED INDIVIDUAL MAY BE DEEMED INELIGIBLE FOR  CONSIDER-
 ATION  FOR  EMERGENCY  RELEASE  IF  THEY  HAVE  BEEN FOUND GUILTY BY THE
 DEPARTMENT OF A VIOLENT INSTITUTIONAL INFRACTION WITHIN THE ONE  HUNDRED
 EIGHTY DAYS PRIOR TO RELEASE CONSIDERATION.
   (II) THE TERMINATION OF THE STATE DISASTER EMERGENCY DECLARED PURSUANT
 TO  EXECUTIVE  ORDER SHALL NOT BE A BASIS FOR AN INCARCERATED INDIVIDUAL
 RELEASED PURSUANT TO THE PROVISIONS OF THIS SECTION TO BE REMANDED  BACK
 INTO CUSTODY.
   11.  THE FOLLOWING CRITERIA SHALL BE CONSIDERED TO DETERMINE ELIGIBIL-
 ITY FOR EMERGENCY RELEASE OF AN INCARCERATED INDIVIDUAL PURSUANT TO THIS
 SECTION; PROVIDED, HOWEVER, THAT SUCH CRITERIA REPRESENT  A  NON-EXHAUS-
 TIVE  LIST  OF FACTORS TO BE CONSIDERED IN DETERMINING SUCH ELIGIBILITY.
 SUCH CRITERIA SHALL INCLUDE CONSIDERATION OF ANY INCARCERATED INDIVIDUAL
 WHO:
   (A) IS TERMINALLY ILL, MENTALLY ILL, OR DISABLED, AS DETERMINED  BY  A
 MEDICAL PROFESSIONAL;
   (B) IS MEDICALLY VULNERABLE;
   (C) HAS AN ADDITIONAL DOCUMENTED ILLNESS OR ILLNESSES DETERMINED BY AN
 INDEPENDENT  HEALTH  PRACTITIONER  NOT  AFFILIATED WITH THE FACILITY WHO
 DETERMINES THAT SUCH ILLNESS OR ILLNESSES PLACE THE INDIVIDUAL AT RISK;
   (D) IS UNLIKELY TO POSE A SUBSTANTIAL RISK OF CAUSING BODILY INJURY OR
 USING VIOLENT FORCE AGAINST ANOTHER INDIVIDUAL;
   (E) IS OVER FIFTY-FIVE YEARS OLD;
   (F) IS A PRIMARY CAREGIVER;
   (G) IS PREGNANT;
 S. 9423                             4
 
   (H) HAS COMPLETED MORE THAN FIFTY PERCENT OF THEIR MINIMUM SENTENCE IF
 SERVING AN INDETERMINATE SENTENCE OR FIFTY PERCENT OF THEIR SENTENCE  IF
 SERVING A DETERMINATE SENTENCE; OR
   (I)  WILL COMPLETE THEIR SENTENCE WITHIN EIGHTEEN MONTHS OF THE EFFEC-
 TIVE DATE OF THIS SECTION.
   12. THE DEPARTMENT SHALL HAVE THE  AUTHORITY  TO  IMPLEMENT  FACILITY-
 BASED  EMERGENCY MANAGEMENT RELEASE PLANS UPON THE OCCURRENCE OF A STATE
 DISASTER EMERGENCY PURSUANT TO EXECUTIVE ORDER.
   13. WITHIN FORTY-EIGHT HOURS OF A STATE  DISASTER  EMERGENCY  DECLARED
 PURSUANT  TO EXECUTIVE ORDER, THE DEPARTMENT SHALL PROVIDE TO THE GOVER-
 NOR, THE ADVISORY BOARD AND THE STATE LEGISLATURE THE EMERGENCY  MANAGE-
 MENT  PLAN  FOR RELEASE IN EACH FACILITY OPERATED BY THE DEPARTMENT. THE
 DEPARTMENT SHALL PROVIDE THE GOVERNOR, THE ADVISORY BOARD AND THE  STATE
 LEGISLATURE:
   (A) A CERTIFICATION THAT EACH FACILITY HAS RELEASED THE PERSONS DETER-
 MINED ELIGIBLE FOR EMERGENCY RELEASE PURSUANT TO THIS SECTION;
   (B)  THE IDENTITY OF EACH INCARCERATED INDIVIDUAL RELEASED PURSUANT TO
 THE EMERGENCY MANAGEMENT RELEASE PLAN FOR EACH FACILITY OPERATED BY  THE
 DEPARTMENT AND THE FACTORS UTILIZED FOR SUCH ELIGIBILITY DETERMINATIONS,
 WITHOUT  DISCLOSING ANY INFORMATION THAT WOULD CONSTITUTE AN INVASION OF
 THE PRIVACY OF ANY INDIVIDUAL OR WHICH WOULD DISCLOSE  PROTECTED  HEALTH
 INFORMATION; AND
   (C)  AN ESTIMATE OF THE FISCAL SAVINGS TO THE STATE DUE TO THE RELEASE
 OF INCARCERATED INDIVIDUALS PURSUANT TO THIS SECTION.
   14. DEFINITIONS. AS USED IN THIS SECTION, THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANING:
   (A)  THE  TERM "MEDICALLY VULNERABLE" INCLUDES, BUT IS NOT LIMITED TO,
 AN INDIVIDUAL WHO IS:
   (I) DIAGNOSED WITH A CHRONIC LUNG DISEASE;
   (II) DIAGNOSED WITH MODERATE OR SEVERE ASTHMA;
   (III) DIAGNOSED WITH A SERIOUS HEART CONDITION;
   (IV) DIAGNOSED WITH DIABETES;
   (V) DIAGNOSED WITH A CHRONIC KIDNEY DISEASE AND UNDERGOING DIALYSIS;
   (VI) DIAGNOSED WITH LIVER DISEASE;
   (VII) DIAGNOSED WITH CANCER;
   (VIII) DIAGNOSED WITH OBESITY; OR
   (IX) IMMUNOCOMPROMISED.
   (B) THE TERM "PRIMARY CAREGIVER"  MEANS  AN  INDIVIDUAL  WHO  HAS  THE
 RESPONSIBILITY  FOR  THE CARE OF ANOTHER INDIVIDUAL, EITHER VOLUNTARILY,
 BY CONTRACT, BY RECEIPT OF PAYMENT FOR CARE, OR AS A RESULT OF THE OPER-
 ATION OF LAW AND INCLUDES  A  FAMILY  MEMBER  OR  OTHER  INDIVIDUAL  WHO
 PROVIDES  COMPENSATED  OR  UNCOMPENSATED  CARE TO ANOTHER INDIVIDUAL, ON
 BEHALF OF SUCH INDIVIDUAL OR ON BEHALF OF A PUBLIC  OR  PRIVATE  AGENCY,
 ORGANIZATION, OR INSTITUTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.

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Senate Bill S9423

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Julia Salazar