NY State Senate Bill 2025-S764

Senate Bill S764

2025-2026 Legislative Session

Relates to the commissioner of corrections and community supervision's heat mitigation plan for correctional facilities

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
Jan 13, 2025	ordered to third reading cal.38
Jan 08, 2025	referred to rules

Votes

- Jan 13, 2025 - Rules Committee Vote
  S764
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 13, 2025
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      aye wr (1)
      
      Stec

2025-S764 (ACTIVE) - Details

See Assembly Version of this Bill:: A1676
Law Section:: Correction Law
Laws Affected:: Amd §112, Cor L (as proposed in S.7781-A & A.9169-A)

2025-S764 (ACTIVE) - Summary

Relates to the commissioner of corrections and community supervision's heat mitigation plan for correctional facilities; provides findings regarding permanent cooling solutions shall be included.

2025-S764 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S764

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the correction law, in relation to the commissioner of
corrections and community supervision's heat mitigation plan for correc-
tional facilities

 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2024,
c.561.

 
SUMMARY OF PROVISIONS:

This legislation amends the underlying chapter by allowing correctional
facilities to consider safety and security protocols when determining
whether to provide shade on exercise yards in an annual heat mitigation
plan for correctional facilities.  The legislation also requires that
the heat mitigation plan include an evaluation of the feasibility of
establishing cooling stations and a "permanent sustainable cooling

solution" at each facility. If a feasible solution is found, the commis-
sioner must develop a timeline to implement the findings.

 
EXISTING LAW:

Click here

 
JUSTIFICATION:

Pursuant to approval memo 31 of 2024, the Executive stated that changes
were necessary to address security and feasibility challenges. This
legislation is a negotiated change to the underlying chapter that
addresses those concerns.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 561 of the Laws of 2025. S.7781-A and
A.9169-A both passed the Senate and Assembly, respectively, in June
2024.

 
FISCAL IMPLICATIONS:

Click here

 
LOCAL FISCAL IMPLICATIONS:

Click here

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2024 amending the correction law relating to
establishing an annual heat mitigation plan; and directing the extreme
heat action plan work group of the department of environmental conserva-
tion to analyze the impact of extreme heat on incarcerated individuals
and people working in prisons, as proposed in legislative bills numbers
S. 7781-A and A. 9169-A, takes effect.

2025-S764 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    764
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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 the  commissioner  of
   corrections  and  community  supervision's  heat  mitigation  plan for
   correctional facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  6  of  section 112 of the correction law, as
 added by a chapter of the laws  of  2024  amending  the  correction  law
 relating  to  establishing an annual heat mitigation plan; and directing
 the extreme heat action plan work group of the  department  of  environ-
 mental conservation to analyze the impact of extreme heat on incarcerat-
 ed individuals and people working in prisons, as proposed in legislative
 bills numbers S. 7781-A and A. 9169-A, is amended 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] WHO HAVE 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 IF CONSISTENT WITH THE FACILI-
 TY'S SAFETY AND SECURITY PROTOCOLS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02905-01-5
 S. 764                              2
 
   (b) The commissioner, as part of  such  heat  mitigation  plan,  shall
 [develop a timeline to establish] EVALUATE THE FINANCIAL AND OPERATIONAL
 FEASIBILITY  OF  ESTABLISHING  cooling stations [and provide evaporative
 fans to] AND A PERMANENT SUSTAINABLE COOLING SOLUTION AT each  facility,
 PROVIDED THAT UPON A DETERMINATION OR FINDING THAT A PERMANENT SUSTAINA-
 BLE  COOLING  SOLUTION  IS  FEASIBLE  IN EACH FACILITY, THE COMMISSIONER
 SHALL DEVELOP A TIMELINE TO IMPLEMENT THE FINDINGS OF SUCH EVALUATION.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the laws of 2024 amending the correction law
 relating to establishing an annual heat mitigation plan;  and  directing
 the  extreme  heat  action plan work group of the department of environ-
 mental conservation to analyze the impact of extreme heat on incarcerat-
 ed individuals and people working in prisons, as proposed in legislative
 bills numbers S. 7781-A and A. 9169-A, takes effect.

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