NY State Senate Bill 2023-S4339

Senate Bill S4339

2023-2024 Legislative Session

Relates to authorizing home confinement for certain prisoners during a declared state of emergency

download bill text pdf

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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
Jan 03, 2024	referred to crime victims, crime and correction
Feb 07, 2023	referred to crime victims, crime and correction

2023-S4339 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §608, Cor L
Versions Introduced in 2021-2022 Legislative Session:: S3181

2023-S4339 (ACTIVE) - Summary

Authorizes the commissioner to place certain incarcerated individuals in home confinement during a declared state of emergency if such state of emergency conditions materially affect the functioning of the department of corrections and community supervision.

2023-S4339 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4339

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the correction law, in relation to authorizing home
confinement for certain incarcerated individuals during a declared state
of emergency

 
PURPOSE:

To permit home confinement for certain incarcerated individuals during a
declared state of emergency.

 
SUMMARY OF PROVISIONS:

Section 1 amends the corrections law by adding a new section 608.

Section 2 provides an effective date.

 
JUSTIFICATION:

COVID-19 hits hardest in dense population centers or clusters where
people gather in close proximity. It is advised to maintain social
distance of at least 6 feet to mitigate the possibility of contracting
the virus, but it is nearly impossible to do so irvour correctional
facilities. The state's correctional facilities ate notoriously over-
crowded, and thus, COVID-19 is spreading within New York's incarcerated
population at a much higher rate than the general population. It is time
to think of alternatives to confinement in our facilities to lower
congestion. Federal law already permits home confinement as an alterna-
tive. This bill will mirror the Federal law and permit the Commissioner
to place incarcerated individuals in home confinement, as an alternative
to confinement within facilities during times of a declared state of
emergency.

 
PRIOR LEGISLATIVE HISTORY:

S. 3181 of 2021-22: New bill, Referred to Crime Victims, Crime and
Correction

 
FISCAL IMPLICATIONS:

Will save the state money by lowering the prison population and lowering
medical costs for incarcerated people.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S4339 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4339
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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  authorizing  home
   confinement  for  certain  incarcerated  individuals during a declared
   state of emergency

   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 608
 to read as follows:
   § 608. HOME CONFINEMENT AUTHORITY. 1. FOR PURPOSES  OF  THIS  SECTION,
 "COVERED  EMERGENCY  PERIOD" SHALL MEAN THE PERIOD BEGINNING ON THE DATE
 ON WHICH A STATE DISASTER EMERGENCY HAS BEEN DECLARED  BY  THE  GOVERNOR
 PURSUANT  TO  ARTICLE  TWO-B OF THE EXECUTIVE LAW AND ENDING ON THE DATE
 THAT IS THIRTY DAYS AFTER THE DATE ON WHICH SUCH STATE DISASTER EMERGEN-
 CY HAS BEEN LIFTED.
   2. DURING A COVERED EMERGENCY PERIOD, IF THE COMMISSIONER SHALL DETER-
 MINE THAT EMERGENCY CONDITIONS WILL MATERIALLY AFFECT THE FUNCTIONING OF
 THE DEPARTMENT, THE COMMISSIONER SHALL HAVE THE AUTHORITY TO  PLACE  ANY
 INCARCERATED  INDIVIDUAL  IN  HOME CONFINEMENT FOR A PERIOD OF TIME THAT
 THE COMMISSIONER DEEMS APPROPRIATE.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00269-01-3

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