NY State Senate Bill 2023-S7781A

Senate Bill S7781A

2023-2024 Legislative Session

Relates to establishing an annual heat mitigation plan; and directing the extreme heat action plan work group to analyze the impact of extreme heat on incarcerated individuals and people working in prisons

download bill text pdf

Current Bill Status - On Floor Calendar

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2024	amended on third reading 7781a
Feb 12, 2024	advanced to third reading
Feb 07, 2024	2nd report cal.
Feb 06, 2024	1st report cal.369
Jan 03, 2024	referred to crime victims, crime and correction
Dec 01, 2023	referred to rules

Votes

- Feb 6, 2024 - Crime Victims, Crime And Correction Committee Vote
  S7781A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Feb 6, 2024
      
      aye (6)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Rolison
      
      Salazar
      
      Sepúlveda
      
      aye wr (1)
      
      Gallivan

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S7781 - Details

See Assembly Version of this Bill:: A9169
Law Section:: Correction Law
Laws Affected:: Amd §112, Cor L

2023-S7781 - Summary

Directs the commission of corrections and community supervision to establish an annual heat mitigation plan; directs the extreme heat action plan work group of the department of environmental conservation to analyze the impact of extreme heat on incarcerated individuals and people working in prisons.

2023-S7781 - Sponsor Memo

                                 
BILL NUMBER: S7781

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the correction law, in relation to establishing an annu-
al heat mitigation plan; and directing the extreme heat action plan work
group of the department of environmental conservation to analyze the
impact of extreme heat on incarcerated individuals and people working in
prisons

 
PURPOSE:

Establishes an annual heat mitigation plan; and directing the extreme
heat action plan work group to analyze the impact of extreme heat on
incarcerated individuals and people working in prisons

 
SUMMARY OF PROVISIONS:

Section 1 amends section 112 of the correction law by adding a new
subdivision 6 to require the commissioner to promulgate rules and regu-
lations to establish and maintain an annual heat mitigation plan to

ensure the safety and wellbeing of incarcerated individuals and correc-
tional staff. Such plan shall include but not be limited to, access to
industrial fans, water, ice, and additional access to showers. Such a
plan shall also maintain a list of vulnerable individuals and facility
staff, monitor temperatures, increase wellness checks, and provide
adequate shade on exercise yards.

The commissioner, as part of the heat mitigation plan, shall develop a
timeline to establish cooling stations and provide evaporative fans to
each facility.

Section 2 allows the extreme heat action plan work group of the depart-
ment of environmental conservation shall analyze the impact of extreme
heat on incarcerated individuals and facility staff and articulate their
specific needs in such a work group's long term heat adaptation plan.

Section 3 states the effective date.

 
JUSTIFICATION:

The correctional system's responsibility extends beyond public safety to
prioritize the well-being of both incarcerated individuals and staff.
Escalating temperatures due to climate change present unprecedented
challenges for correctional facilities. It is imperative that a Heat
Mitigation Plan is established, ensuring that our corrections system is
safeguarding the health of those confined and their caretakers.

Establishing a Heat Mitigation Plan for correctional facilities is a
necessary step to fulfill legal, and ethical responsibilities. By insti-
tuting a plan we uphold human rights, maintain a just correctional
system, and foster an environment supporting rehabilitation and public
safety.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

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

2023-S7781 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7781
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 1, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the correction law, in relation to establishing an annu-
   al heat mitigation plan; and directing the extreme  heat  action  plan
   work  group of the department of environmental conservation to analyze
   the impact of extreme heat  on  incarcerated  individuals  and  people
   working in prisons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 112 of the correction law is amended  by  adding  a
 new subdivision 6 to read as follows:
   6.  (A)  THE  COMMISSIONER  SHALL  PROMULGATE RULES AND REGULATIONS TO
 ESTABLISH AND MAINTAIN AN ANNUAL HEAT MITIGATION PLAN TO  ENSURE  INCAR-
 CERATED  INDIVIDUALS AND CORRECTIONAL FACILITY STAFF HAVE OPTIONS AVAIL-
 ABLE TO STAY COOL, HYDRATED AND SAFE DURING HIGH HEAT TEMPERATURES. SUCH
 PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) ACCESS TO INDUSTRIAL FANS, WATER, ICE, AND  ADDITIONAL  ACCESS  TO
 SHOWERS;
   (II) COMMISSARIES FULLY STOCKED WITH PERSONAL FANS PRIOR TO THE BEGIN-
 NING OF SUMMER;
   (III) MONITORING TEMPERATURES IN HOUSING, PROGRAM AND INDUSTRY AREAS;
   (IV)  MAINTAINING  A LIST OF INCARCERATED INDIVIDUALS AND CORRECTIONAL
 FACILITY STAFF WITH MEDICAL CONDITIONS THAT MAKE THEM  MORE  SUSCEPTIBLE
 TO HEAT AND MONITOR THEIR WELL-BEING;
   (V) INCREASED ROUNDS AND WELLNESS CHECKS; AND
   (VI) PROVIDING SHADE ON EXERCISE YARDS.
   (B)  THE  COMMISSIONER,  AS  PART  OF SUCH HEAT MITIGATION PLAN, SHALL
 DEVELOP A TIMELINE TO ESTABLISH COOLING STATIONS AND PROVIDE EVAPORATIVE
 FANS TO EACH FACILITY.
   § 2. The extreme heat action plan work  group  of  the  department  of
 environmental  conservation  shall analyze the impact of extreme heat on
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13122-02-3

 S. 7781                             2
 
 incarcerated individuals and people working in  prisons  and  articulate
 their  specific  needs  in  such  work group's long-term heat adaptation
 plan.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

co-Sponsors

2023-S7781A (ACTIVE) - Details

See Assembly Version of this Bill:: A9169
Law Section:: Correction Law
Laws Affected:: Amd §112, Cor L

2023-S7781A (ACTIVE) - Summary

2023-S7781A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7781A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the correction law, in relation to establishing an annu-
al heat mitigation plan; and directing the extreme heat action plan work
group of the department of environmental conservation to analyze the
impact of extreme heat on incarcerated individuals and people working in
prisons

 
PURPOSE:

Establishes an annual heat mitigation plan; and directing the extreme
heat action plan work group to analyze the impact of extreme heat on
incarcerated individuals and people working in prisons

 
SUMMARY OF PROVISIONS:

Section 1 amends section 112 of the correction law by adding a new
subdivision 6 to require the commissioner to promulgate rules and regu-
lations to establish and maintain an annual heat mitigation plan to

ensure the safety and wellbeing of incarcerated individuals and correc-
tional staff. Such plan shall include but not be limited to, access to
industrial fans, water, ice, and additional access to showers. Such a
plan shall also maintain a list of vulnerable individuals and facility
staff, monitor temperatures, increase wellness checks, and provide
adequate shade on exercise yards.

The commissioner, as part of the heat mitigation plan, shall develop a
timeline to establish cooling stations and provide evaporative fans to
each facility.

Section 2 allows the extreme heat action plan work group of the depart-
ment of environmental conservation shall analyze the impact of extreme
heat on incarcerated individuals and facility staff and articulate their
specific needs in such a work group's long term heat adaptation plan.

Section 3 states the effective date.

 
JUSTIFICATION:

The correctional system's responsibility extends beyond public safety to
prioritize the well-being of both incarcerated individuals and staff.
Escalating temperatures due to climate change present unprecedented
challenges for correctional facilities. It is imperative that a Heat
Mitigation Plan is established, ensuring that our corrections system is
safeguarding the health of those confined and their caretakers.

Establishing a Heat Mitigation Plan for correctional facilities is a
necessary step to fulfill legal, and ethical responsibilities. By insti-
tuting a plan we uphold human rights, maintain a just correctional
system, and foster an environment supporting rehabilitation and public
safety.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

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

2023-S7781A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7781--A
     Cal. No. 369
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 1, 2023
                                ___________
 
 Introduced by Sens. HARCKHAM, JACKSON, ROLISON -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   recommitted to the Committee on Crime Victims, Crime and Correction in
   accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the correction law, in relation to establishing an annu-
   al heat mitigation plan; and directing the extreme  heat  action  plan
   work  group of the department of environmental conservation to analyze
   the impact of extreme heat  on  incarcerated  individuals  and  people
   working in prisons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 112 of the correction law is amended  by  adding  a
 new subdivision 6 to read as follows:
   6.  (A)  THE  COMMISSIONER  SHALL  PROMULGATE RULES AND REGULATIONS TO
 ESTABLISH AND MAINTAIN AN ANNUAL HEAT MITIGATION PLAN TO  ENSURE  INCAR-
 CERATED  INDIVIDUALS AND CORRECTIONAL FACILITY STAFF HAVE OPTIONS AVAIL-
 ABLE TO STAY COOL, HYDRATED AND SAFE DURING HIGH HEAT TEMPERATURES. SUCH
 PLAN SHALL INCLUDE, TO THE EXTENT POSSIBLE:
   (I) ACCESS TO INDUSTRIAL FANS, WATER, ICE, AND  ADDITIONAL  ACCESS  TO
 SHOWERS;
   (II) COMMISSARIES FULLY STOCKED WITH PERSONAL FANS PRIOR TO THE BEGIN-
 NING OF SUMMER;
   (III) MONITORING TEMPERATURES IN HOUSING, PROGRAM AND INDUSTRY AREAS;
   (IV)  MAINTAINING  A LIST OF INCARCERATED INDIVIDUALS AND CORRECTIONAL
 FACILITY STAFF WITH MEDICAL CONDITIONS THAT MAKE THEM  MORE  SUSCEPTIBLE
 TO HEAT AND MONITOR THEIR WELL-BEING;
   (V) INCREASED ROUNDS AND WELLNESS CHECKS; AND
   (VI) PROVIDING SHADE ON EXERCISE YARDS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13122-04-4
 S. 7781--A                          2
 
   (B)  THE  COMMISSIONER,  AS  PART  OF SUCH HEAT MITIGATION PLAN, SHALL
 DEVELOP A TIMELINE TO ESTABLISH COOLING STATIONS AND PROVIDE EVAPORATIVE
 FANS TO EACH FACILITY.
   §  2.  The  extreme  heat  action plan work group of the department of
 environmental conservation shall analyze the impact of extreme  heat  on
 incarcerated  individuals  and  people working in prisons and articulate
 their specific needs in such  work  group's  long-term  heat  adaptation
 plan.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Senate Bill S7781A

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Sponsored By

Pete Harckham

Current Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Robert Jackson

Rob Rolison

2023-S7781 - Details

2023-S7781 - Summary

2023-S7781 - Sponsor Memo

2023-S7781 - Bill Text download pdf

co-Sponsors

Robert Jackson

Rob Rolison

2023-S7781A (ACTIVE) - Details

2023-S7781A (ACTIVE) - Summary

2023-S7781A (ACTIVE) - Sponsor Memo

2023-S7781A (ACTIVE) - Bill Text download pdf

Comments