New York 2025-2026 Regular Session

New York Assembly Bill A04949

Introduced
2/10/25  
Refer
2/10/25  

Caption

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.

Summary

Bill A04949 aims to amend the correction law by establishing emergency management release plans for correctional facilities in New York during state disaster emergencies. It proposes the formation of an advisory board tasked with developing these plans, which will include recommendations for the selection process of incarcerated individuals eligible for emergency release, evacuation procedures, and operational changes to ensure the safety of those who remain incarcerated. The bill outlines specific criteria for determining eligibility for emergency release, focusing on vulnerable populations within correctional facilities.

Impact

If enacted, this bill will significantly alter the operational protocols of correctional facilities in New York during declared state emergencies. It mandates the development of comprehensive emergency management plans that will directly affect the release procedures of incarcerated individuals, particularly those deemed medically vulnerable or at risk. The legislation aims to ensure that the rights and safety of incarcerated individuals are prioritized during emergencies, potentially leading to a reduction in the incarcerated population during such events.

Sentiment

The general sentiment surrounding Bill A04949 appears to be cautiously optimistic, with support for the protection of vulnerable populations within correctional facilities during emergencies. However, there are concerns regarding the implementation of the proposed plans and the criteria for release, suggesting a need for further discussion and refinement of the bill's provisions.

Contention

Notable points of contention include the criteria for determining eligibility for emergency release, particularly the potential for misinterpretation or misuse of the guidelines. Some stakeholders argue that the criteria may not adequately address the complexities of individual cases, while others express concern about the safety implications of releasing incarcerated individuals during emergencies. Advocacy groups and correctional staff may hold differing views on the balance between public safety and the rights of incarcerated individuals.

Companion Bills

NY S07137

Same As 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.

Previously Filed As

NY S00309

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.

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