LBD14403-01-2
S. 8216 2
education shall issue a report within ten months after the effective
date of this section.
§ 3. Subdivision 1-b of section 71 of the correction law, as amended
by chapter 322 of the laws of 2021, is amended to read as follows:
1-b. The commissioner shall promulgate rules and regulations setting
forth the procedures by which an incarcerated individual may apply to be
considered for transfer to a foreign nation. The commissioner, or his
designee, shall retain sole and absolute authority to approve or disap-
prove an incarcerated individual's application for transfer. Nothing
herein shall be construed to confer upon an incarcerated individual a
right to be [a] transferred to a foreign nation. Notwithstanding any
other law, rule or regulation to the contrary, no [inmate] INCARCERATED
INDIVIDUAL application for transfer shall be processed unless the incar-
cerated individual has first indicated his willingness and desire in
writing, on a form prescribed by the commissioner, to be considered for
transfer to the foreign nation. Such form shall also contain a copy of
the incarcerated individual's most recent legal date computation print-
out indicating the term or aggregate term of the sentence originally
imposed and the release dates resulting therefrom. If a request for
transfer is approved by the commissioner or his designee, facility staff
shall assist in the preparation and submission of all materials and
forms necessary to effectuate the person's request for transfer to the
United States Department of Justice for purposes of finalization of the
transfer process, including verification proceedings before a United
States District Court Judge, United States magistrate or other appointed
United States official to assure and document the incarcerated individ-
ual's voluntary request for transfer.
§ 4. Paragraph b of subdivision 3 of section 146 of the correction
law, as amended by chapter 32 of the laws of 2021, is amended to read as
follows:
b. Upon twenty-four hours advance notice, at the commencement of any
visits to, or inspections and examinations of, state correctional facil-
ities, the superintendent and executive team, to the extent practicable,
shall meet with the correctional association. Upon twenty-four hours
advance notice, the correctional association may meet privately with the
[inmate] INCARCERATED INDIVIDUAL liaison committee and representatives
of the [inmate] INCARCERATED INDIVIDUAL grievance resolution committee
or any other organization of incarcerated individuals recognized by the
department.
§ 5. Subparagraph (i) of paragraph (a) of subdivision 2 of section 401
of the correction law, as separately amended by section 8 of part NNN of
chapter 59 and chapter 322 of the laws of 2021, is amended to read as
follows:
(i) In exceptional circumstances, a mental health clinician, or the
highest ranking facility security supervisor in consultation with a
mental health clinician who has interviewed the incarcerated individual,
may determine that an incarcerated individual's access to out-of-cell
therapeutic programming and/or mental health treatment in a residential
mental health treatment unit presents an unacceptable risk to the safety
of incarcerated individuals or staff. Such determination shall be docu-
mented in writing and such [inmate] INCARCERATED INDIVIDUAL may be
removed to a residential rehabilitation unit that is not a residential
mental health treatment unit where alternative mental health treatment
and/or other therapeutic programming, as determined by a mental health
clinician, shall be provided.
S. 8216 3
§ 6. Subdivision 2 of section 500-k of the correction law, as added by
chapter 93 of the laws of 2021, is amended to read as follows:
2. Notwithstanding any other section of law to the contrary, subdivi-
sion thirty-four of section two of this chapter, and subparagraphs (i),
(iv) and (v) of paragraph (j) and subparagraph (ii) of paragraph (m) of
subdivision six of section one hundred thirty-seven of this chapter
shall not apply to local correctional facilities with a total combined
capacity of five hundred [inmates] INCARCERATED INDIVIDUALS or fewer.
§ 7. Section 601-a of the correction law, as amended by chapter 337 of
the laws of 2009, is amended to read as follows:
§ 601-a. Return of persons erroneously sentenced for the purpose of
resentence. Whenever it shall appear to the satisfaction of the depart-
ment based on facts submitted on behalf of a person sentenced and
confined in a state prison, that any such person has been erroneously
sentenced, it shall be the duty of the department to communicate with
the sentencing court, the [inmate's] INCARCERATED INDIVIDUAL'S defense
attorney and the district attorney of the county in which such person
was convicted. If upon investigation, the sentencing court, the defense
attorney or the district attorney believes that the person has been so
erroneously sentenced, the sentencing court, or the district attorney
acting at the direction of the sentencing court, shall notify the
department and arrange for the person to be heard and properly resen-
tenced. The department thereupon shall comply with any court order to
produce such person from such prison and cause him or her to be taken
before the court in which he or she was sentenced for the purpose of
resentence. The cost and expense of the return of such person necessar-
ily incurred shall be a charge against the county from which he or she
was committed.
§ 8. Section 607 of the correction law, as added by chapter 570 of the
laws of 2021, is amended to read as follows:
§ 607. Prohibition of double-bunked housing. 1. For purposes of this
section "double-bunked housing" shall mean the practice of [inmate]
INCARCERATED INDIVIDUAL housing where bunk beds are used in a dormitory
setting, with [inmates] INCARCERATED INDIVIDUALS residing in an open
space and sleeping on bunk beds.
2. Upon the effective date of this section, the department is prohib-
ited from housing [inmates] INCARCERATED INDIVIDUALS using double-bunked
housing practices in correctional facilities. Any [inmates] INCARCERATED
INDIVIDUALS housed in such double-bunked housing on the effective date
of this section shall be moved to other housing accommodations provided
that such accommodations are not located in a more restrictive housing
unit or correctional facility unless otherwise appropriate.
3. The department is authorized to promulgate or repeal any rules and
regulations necessary to facilitate the implementation of this section.
§ 9. Subdivision 4 of section 611 of the correction law, as added by
chapter 621 of the laws of 2021, is amended to read as follows:
4. Upon admitting a woman known to be pregnant, or upon learning of
pregnancy status, the chief medical officer of each correctional facili-
ty housing female [inmates] INCARCERATED INDIVIDUALS, including the
medical professional responsible for each local correctional facility
housing female [inmates] INCARCERATED INDIVIDUALS, or such officer or
professional's designee, shall immediately inform such woman of the
option of participating in pregnancy counseling services and the right
to abortion services.
§ 10. Section 625 of the correction law, as added by chapter 392 of
the laws of 2018, is amended to read as follows:
S. 8216 4
§ 625. Feminine hygiene products. Feminine hygiene products, includ-
ing, but not limited to, sanitary napkins, tampons and panty liners,
shall be provided at no cost to individuals housed in state and local
correctional facilities used for the general confinement of female
[inmates] INCARCERATED INDIVIDUALS and in any other state or local
facility where women are detained or confined by law enforcement agen-
cies.
§ 11. Section 626 of the correction law, as added by chapter 432 of
the laws of 2021, is amended to read as follows:
§ 626. Medication assisted treatment in correctional facilities. 1.
For purposes of this section "medication assisted treatment" means
treatment of chemical dependence or abuse and concomitant conditions
with medications requiring a prescription or order from an authorized
prescribing professional.
2. (a) The commissioner, in conjunction with the office of [alcoholism
and substance abuse] ADDICTION services AND SUPPORTS, shall establish a
program to be administered at correctional facilities within the depart-
ment in the state, for the purpose of employing medication assisted
treatment for [inmates] INCARCERATED INDIVIDUALS in such facilities who
are undergoing treatment for a substance use disorder. Such program
shall include all forms of medication assisted treatments approved for
the treatment of a substance use disorder by the Federal Food and Drug
Administration for the duration of an [inmate's] INCARCERATED INDIVID-
UAL'S incarceration and shall provide an individualized treatment plan
for each participant. After a medical screening, [inmates] INCARCERATED
INDIVIDUALS who are determined to suffer from a substance use disorder,
for which FDA approved addiction medications exist shall be offered
placement in the medication assisted treatment program. Placement in
such program shall not be mandatory. Each participating [inmate] INCAR-
CERATED INDIVIDUAL shall work with an authorized specialist to determine
an individualized treatment plan, including an appropriate level of
counseling. Decisions regarding type, dosage, or duration of any medica-
tion regimen shall be made by a qualified health care professional
licensed or certified under title eight of the education law who is
authorized to administer such medication in conjunction with the
[inmate] INCARCERATED INDIVIDUAL.
(b) i. Such program shall also include conditions for a reentry strat-
egy for [inmates] INCARCERATED INDIVIDUALS who have participated in
medication assisted treatment. Such strategy shall include, but not be
limited to, providing each participating [inmate] INCARCERATED INDIVID-
UAL with information on available treatment facilities in their area,
information on available housing and employment resources, and any other
information that will assist the [inmate] INCARCERATED INDIVIDUAL in
continued recovery once released. Such program shall also assist the
[inmate] INCARCERATED INDIVIDUAL in Medicaid enrollment, prior to
release.
ii. Such program shall provide participating [inmates] INCARCERATED
INDIVIDUAL preparing for release from prison with a one-week supply of
any necessary medication, where permissible under federal laws and regu-
lations to continue their medication assisted treatment in an effort to
prevent relapse.
(c) Reentry planning and community supervision should include a colla-
borative relationship between clinical and parole staff including shar-
ing of accurate information regarding the [inmate's] INCARCERATED INDI-
VIDUAL'S participation in medication assisted treatment to ensure that
their medication is not deemed illicit or illegal. Additionally, proce-
S. 8216 5
dures shall be developed to assist any reentrant who communicates a
relapse with their parole officer or who fails a drug test, to receive
substance use disorder support in lieu of arrest and/or incarceration.
3. The commissioner shall submit within one year of the effective date
of this section and annually thereafter, a report to the governor, the
temporary president of the senate and the speaker of the assembly on the
effectiveness of the program established pursuant to this section. Such
reports shall include an analysis of the impact of such program on the
participating [inmates] INCARCERATED INDIVIDUALS, including factors such
as institutional adjustment, behavior infractions, reentry rates, HIV
and hepatitis C treatment, and program participation, among related
relevant factors. The reports shall also include the impact on institu-
tional safety and performance and any recommendations for additional
legislative enactments that may be needed or required to improve or
enhance the program as determined to be appropriate by the commissioner.
4. Participation in the medication assisted treatment program shall
not be withheld from a qualified [inmate] INCARCERATED INDIVIDUAL. An
[inmate] INCARCERATED INDIVIDUAL may enter into such program at any time
during his or her incarceration. An [inmate] INCARCERATED INDIVIDUAL
using medication assisted treatment prior to such [inmate's] INCARCERAT-
ED INDIVIDUAL'S incarceration shall be eligible to, upon request by such
[inmate] INCARCERATED INDIVIDUAL, continue such treatment in the medica-
tion assisted treatment program for any period of time during the dura-
tion of such [inmate's] INCARCERATED INDIVIDUAL'S incarceration. No
person shall be denied participation in the program on the basis of a
positive drug screening upon entering custody or upon intake into the
program; nor shall any person receive a disciplinary infraction for such
positive drug screening. No person shall be removed from, or denied
participation in the program on the basis of having received any disci-
plinary infraction: (a) before entry into the program; or (b) during
participation in the program.
§ 12. The article heading of article 26-A of the correction law, as
added by chapter 261 of the laws of 1987, is amended to read as follows:
SHOCK INCARCERATION PROGRAM
FOR STATE CORRECTIONAL [INMATES] INCARCERATED
INDIVIDUALS
§ 13. Subdivision 3 of section 259-h of the executive law, as added by
chapter 904 of the laws of 1977, is amended to read as follows:
3. The provisions of this subdivision shall apply in any case where a
person is under a sentence imposed pursuant to the penal law in effect
prior to September first, nineteen hundred sixty-seven, other than a
sentence specified in subdivisions one and two of this section. Any
person who is not otherwise or who will not sooner become eligible for
release on parole shall be or become eligible for release on parole
under such sentence after service of a minimum period of imprisonment of
eight years and four months.
Notwithstanding the provisions of subdivisions one and two hereof,
[inmates] INCARCERATED INDIVIDUALS convicted of murder, second degree,
and sentenced pursuant to the provisions of the penal law in effect
prior to September first, nineteen hundred sixty-seven, who are not
otherwise or who will not sooner become eligible for release on parole,
shall be eligible for release on parole under such sentence after
service of a minimum period of imprisonment of eight years and four
months.
§ 14. Subparagraph (i) of paragraph (a) of subdivision 2 of section
259-i of the executive law, as separately amended by section 6 of chap-
S. 8216 6
ter 103 and section 11 of chapter 322 of the laws of 2021, is amended to
read as follows:
(i) Except as provided in subparagraph (ii) of this paragraph, at
least one month prior to the date on which an incarcerated individual
may be paroled pursuant to subdivision one of section 70.40 of the penal
law, a member or members as determined by the rules of the board shall
personally interview such incarcerated individual and determine whether
he or she should be paroled in accordance with the guidelines adopted
pursuant to subdivision four of section two hundred fifty-nine-c of this
article. If parole is not granted upon such review, the incarcerated
individual shall be informed in writing within two weeks of such appear-
ance of the factors and reasons for such denial of parole. Such reasons
shall be given in detail and not in conclusory terms. The board shall
specify a date not more than twenty-four months from such determination
for reconsideration, and the procedures to be followed upon reconsider-
ation shall be the same. If the incarcerated individual is released, he
or she shall be given a copy of the conditions of parole. Such condi-
tions shall where appropriate, include a requirement that the parolee
comply with any restitution order, mandatory surcharge, sex offender
registration fee and DNA databank fee previously imposed by a court of
competent jurisdiction that applies to the parolee. The conditions shall
indicate which restitution collection agency established under subdivi-
sion eight of section 420.10 of the criminal procedure law, shall be
responsible for collection of restitution, mandatory surcharge, sex
offender registration fees and DNA databank fees as provided for in
section 60.35 of the penal law and section eighteen hundred nine of the
vehicle and traffic law. If the [inmate] INCARCERATED INDIVIDUAL is
released, he or she shall also be notified in writing that his or her
voting rights will be restored upon release.
§ 15. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as separately amended by section 7 of chapter 103 and section 11-a
of chapter 322 of the laws of 2021, is amended to read as follows:
(a) At least one month prior to the expiration of the minimum period
or periods of imprisonment fixed by the court or board, a member or
members as determined by the rules of the board shall personally inter-
view an incarcerated individual serving an indeterminate sentence and
determine whether he or she should be paroled at the expiration of the
minimum period or periods in accordance with the procedures adopted
pursuant to subdivision four of section two hundred fifty-nine-c of this
article. If parole is not granted upon such review, the incarcerated
individual shall be informed in writing within two weeks of such appear-
ance of the factors and reasons for such denial of parole. Such reasons
shall be given in detail and not in conclusory terms. The board shall
specify a date not more than twenty-four months from such determination
for reconsideration, and the procedures to be followed upon reconsider-
ation shall be the same. If the incarcerated individual is released, he
or she shall be given a copy of the conditions of parole. Such condi-
tions shall where appropriate, include a requirement that the parolee
comply with any restitution order and mandatory surcharge previously
imposed by a court of competent jurisdiction that applies to the paro-
lee. The conditions shall indicate which restitution collection agency
established under subdivision eight of section 420.10 of the criminal
procedure law, shall be responsible for collection of restitution and
mandatory surcharge as provided for in section 60.35 of the penal law
and section eighteen hundred nine of the vehicle and traffic law. If the
[inmate] INCARCERATED INDIVIDUAL is released, he or she shall also be
S. 8216 7
notified in writing that his or her voting rights will be restored upon
release.
§ 16. Subdivision 5 of paragraph b of section 101.00 of the local
finance law, as amended by chapter 200 of the laws of 1960, is amended
to read as follows:
5. A county, city or town from providing, pursuant to law, for the
care, support, maintenance and secular education of inmates of orphan
asylums, homes for dependent children or INCARCERATED INDIVIDUALS IN
correctional institutions and of children placed in family homes by
authorized agencies, whether under public or private control.
§ 17. Subdivision (l) of section 10.03 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
(l) "Related offenses" include any offenses that are prosecuted as
part of the same criminal action or proceeding, or which are part of the
same criminal transaction, or which are the bases of the orders of
commitment received by the department of correctional services in
connection with an [inmate's] INCARCERATED INDIVIDUAL'S current term of
incarceration.
§ 18. Subdivision 8 of section 60.05 of the penal law, as added by
section 1 of part KK of chapter 55 of the laws of 2019, is amended to
read as follows:
8. Shock incarceration participation. (a) When the court imposes a
determinate sentence of imprisonment pursuant to subdivision three of
section 70.02 of this chapter or subdivision six of section 70.06 of
this chapter upon a person who stands convicted either of burglary in
the second degree as defined in subdivision two of section 140.25 of
this chapter or robbery in the second degree as defined in subdivision
one of section 160.10 of this chapter, or an attempt thereof, upon
motion of the defendant, the court may issue an order directing that the
department of corrections and community supervision enroll the defendant
in the shock incarceration program as defined in article twenty-six-A of
the correction law, provided that the defendant is an eligible [inmate]
INCARCERATED INDIVIDUAL, as described in subdivision one of section
eight hundred sixty-five of the correction law. Notwithstanding the
foregoing provisions of this subdivision, any defendant to be enrolled
in such program pursuant to this subdivision shall be governed by the
same rules and regulations promulgated by the department of corrections
and community supervision, including without limitation those rules and
regulations establishing requirements for completion and such rules and
regulations governing discipline and removal from the program.
(b) Paragraph [(b)] B of subdivision seven of section 60.04 of this
article shall apply in the event an [inmate] INCARCERATED INDIVIDUAL
designated by court order for enrollment in the shock incarceration
program requires a degree of medical care or mental health care that
cannot be provided at a shock incarceration facility.
§ 19. Subparagraph (i) of paragraph (a), subparagraph (ii) of para-
graph (c) and subparagraphs (i) and (ii) of paragraph (f) of subdivision
6 of section 3502 of the public health law, as added by chapter 313 of
the laws of 2018, are amended to read as follows:
(i) Notwithstanding the provisions of this section or any other
provision of law, rule or regulation to the contrary, licensed practi-
tioners, persons licensed under this article and unlicensed personnel
employed at a local correctional facility may, in a manner permitted by
the regulations promulgated pursuant to this subdivision, utilize body
imaging scanning equipment that applies ionizing radiation to humans for
purposes of screening [inmates] INCARCERATED INDIVIDUALS committed to
S. 8216 8
such facility, in connection with the implementation of such facility's
security program.
(ii) Limitations on exposure which shall be no more than fifty percent
of the annual exposure limits for non-radiation workers as specified by
applicable regulations, except that [inmates] INCARCERATED INDIVIDUALS
under the age of eighteen shall not be subject to more than five percent
of such annual exposure limits, and pregnant women shall not be subject
to such scanning at any time. Procedures for identifying pregnant women
shall be set forth in the regulations;
(i) the number of times the equipment was used on [inmates] INCARCER-
ATED INDIVIDUALS upon intake, after visits, and upon the suspicion of
contraband, as well as any other event that triggers the use of such
equipment;
(ii) the average, median, and highest number of times the equipment
was used on any [inmate] INCARCERATED INDIVIDUAL, with corresponding
exposure levels;
§ 20. Subdivision 7 of section 194 of the social services law, as
amended by chapter 322 of the laws of 2021, is amended to read as
follows:
7. as far as practicable provide suitable employment for any incarcer-
ated individual whom the attending physician pronounces able to work,
assigning such [inmates] INCARCERATED INDIVIDUALS to such labor in
connection with the farm and garden, or the care and upkeep of the
buildings or other suitable tasks in the public home as they may be
deemed capable of performing, and providing occupational and other
diversions as may be for the best interests of the incarcerated individ-
uals,
§ 21. Paragraph 1 of subdivision b of section 9-143 of the administra-
tive code of the city of New York, as amended by chapter 322 of the laws
of 2021, is amended to read as follows:
1. The number of incarcerated individuals released by the department
to the community during the reporting period, the number of eligible
[inmates] INCARCERATED INDIVIDUALS released to the community by the
department during the reporting period, and the percentage of incarcer-
ated individuals released to the community by the department who were
eligible during the reporting period, provided that such report shall
count each individual released during the reporting period only once;
and
§ 22. Subdivision a of section 9-149 of the administrative code of the
city of New York, as amended by chapter 322 of the laws of 2021, is
amended to read as follows:
a. In order to facilitate the posting of bail, the department may
delay the transportation of an incarcerated individual for admission to
a housing facility for not less than four and not more than 12 hours
following the [inmate's] INCARCERATED INDIVIDUAL'S arraignment in crimi-
nal court if requested by either the department or a not-for-profit
corporation under contract with the city to provide pretrial and other
criminal justice services, including interviewing adult defendants
either before or after such persons are arraigned on criminal charges,
has made direct contact with a person who reports that he or she will
post bail for the incarcerated individual.
§ 23. The section heading of section 9-154 of the administrative code
of the city of New York, as added by local law number 144 of the city of
New York for the year 2018, is amended to read as follows:
Telephone services to [inmates] INCARCERATED INDIVIDUALS.
S. 8216 9
§ 24. The definition "correctional health authority" of subdivision a
of section 9-156 of the administrative code of the city of New York, as
added by local law number 21 of the city of New York for the year 2019,
is amended to read as follows:
Correctional health authority. The term "correctional health authori-
ty" means the entity responsible for the delivery of health and mental
health services to [inmates] INCARCERATED INDIVIDUALS in the custody of
the department.
§ 25. The definition "cell" of section 408.1.1 of the building code of
the administrative code of the city of New York, as added by section 5
of part C of local law number 126 of the city of New York for the year
2021, is amended to read as follows:
CELL. A room within a housing unit in a detention or correctional
facility used to confine [inmates] INCARCERATED INDIVIDUALS or prison-
ers.
§ 26. Section E106.4.8 of appendix E of the building code of the
administrative code of the city of New York, as amended by section 54 of
part C of local law number 126 of the city of New York for the year
2021, is amended to read as follows:
E106.4.8 Detention and correctional facilities. In detention and
correctional facilities, where a public pay telephone is provided in a
secured area used only by detainees or [inmates] INCARCERATED INDIVID-
UALS and security personnel, then at least one TTY shall be provided in
at least one secured area.
§ 27. This act shall take effect immediately; provided, however:
a. that if chapter 432 of the laws of 2021 shall not have taken effect
on or before such date then sections one and eleven of this act shall
take effect on the same date and in the same manner as such chapter of
the laws of 2021 takes effect;
b. that if section 8 of part NNN of chapter 59 of the laws of 2021
shall not have taken effect on or before such date then section five of
this act shall take effect on the same date and in the same manner as
such section of such part of such chapter of the laws of 2021 takes
effect;
c. that if chapter 93 of the laws of 2021 shall not have taken effect
on or before such date then section six of this act shall take effect on
the same date and in the same manner as such chapter of the laws of 2021
takes effect;
d. that if chapter 570 of the laws of 2021 shall not have taken effect
on or before such date then section eight of this act shall take effect
on the same date and in the same manner as such chapter of the laws of
2021 takes effect;
e. that if chapter 621 of the laws of 2021 shall not have taken effect
on or before such date then section nine of this act shall take effect
on the same date and in the same manner as such chapter of the laws of
2021 takes effect;
f. that the amendments to subdivision 2 of section 259-i of the execu-
tive law made by section fourteen of this act shall be subject to the
expiration and reversion of such subdivision pursuant to subdivision d
of section 74 of chapter 3 of the laws of 1995 as amended, when upon
such date the provisions of section fifteen of this act shall take
effect;
g. that the amendments to subdivision 6 of section 3502 of the public
health law made by section nineteen of this act shall not affect the
expiration and repeal of such subdivision and shall be deemed to expire
and repeal therewith;
S. 8216 10
h. that the amendments to section 9-149 of the administrative code of
the city of New York made by section twenty-two of this act shall not
affect the expiration and repeal of such section and shall be deemed to
expire and repeal therewith;
i. that if section 5 of part C of local law number 126 of the city of
New York for the year 2021 shall not have taken effect on or before such
date then section twenty-five of this act shall take effect on the same
date and in the same manner as such local law of the city of New York
for the year 2021 takes effect; and
j. that if section 54 of part C of local law number 126 of the city of
New York for the year 2021 shall not have taken effect on or before such
date then section twenty-six of this act shall take effect on the same
date and in the same manner as such local law of the city of New York
for the year 2021 takes effect.
