New York 2025-2026 Regular Session

New York Senate Bill S02509

Introduced
1/21/25  
Refer
1/21/25  
Report Pass
3/25/25  
Refer
1/7/26  

Caption

Relates to the transfer of incarcerated individuals from a county jail to a state correctional institution when such county jail becomes unsafe for the confinement of incarcerated individuals due to extraordinary circumstances.

Impact

The bill is expected to significantly impact the laws governing corrections and local jail operations in New York. By establishing a clearer protocol for transfers, the legislation enhances public safety by ensuring that no incarcerated individual languishes in unsafe conditions. The implications of this amendment are crucial in managing unforeseen events that might compromise jail safety, thereby safeguarding the wellbeing of both corrections staff and the incarcerated individuals. Furthermore, it proposes that the state corrections commissioner has the authority to determine necessary reimbursements to the state for increased costs incurred during such transfers.

Summary

Bill S02509 introduces modifications to the correction law concerning the transfer of incarcerated individuals from county jails to state correctional institutions when circumstances render the county jail unsafe. This includes instances of natural disasters, extraordinary circumstances, or structural deficiencies in the jail facility. The bill aims to ensure that individuals are not confined in unsafe environments and lays down guidelines for temporary transfers to state facilities, with a maximum duration of 30 days, extendable under certain conditions. This provides a framework for handling emergencies affecting county jail operations effectively.

Contention

Notable points of contention may arise around the discretionary powers granted to the commissioner of corrections and community supervision in deciding transfers and the duration of confinement in state facilities. Critics may argue that this introduces potential risks of overcrowding in state institutions and could lead to operational challenges in managing additional inmate populations. Furthermore, the extended availability of state correctional institutions raises concerns about accountability and the standardization of treatment for individuals transferred under this law. There may be debates around adequate provisions for medical, psychological, or social services during these transfers, which are essential for the treatment of incarcerated individuals.

Companion Bills

NY A06136

Same As Relates to the transfer of incarcerated individuals from a county jail to a state correctional institution when such county jail becomes unsafe for the confinement of incarcerated individuals due to extraordinary circumstances.

Previously Filed As

NY A06136

Relates to the transfer of incarcerated individuals from a county jail to a state correctional institution when such county jail becomes unsafe for the confinement of incarcerated individuals due to extraordinary circumstances.

NY S09854

Prohibits the department of corrections from placing incarcerated individuals in two-person cells in residential rehabilitation units unless such incarcerated individuals agree.

NY AB1269

County and city jails: incarcerated person contacts.

NY A11071

Prohibits the department of corrections from placing incarcerated individuals in two-person cells in residential rehabilitation units unless such incarcerated individuals agree.

NY A09072

Establishes a digital legal mail program for the delivery of privileged correspondences to incarcerated individuals housed at correctional facilities; requires law offices sending legal mail via digital platforms to incarcerated individuals to register with the department of corrections.

NY S08492

Establishes a digital legal mail program for the delivery of privileged correspondences to incarcerated individuals housed at correctional facilities; requires law offices sending legal mail via digital platforms to incarcerated individuals to register with the department of corrections.

NY S10192

Requires mental health services for incarcerated individuals with mental health issues related to the trauma of incarceration upon reentry and reintegration into society upon release.

NY S09126

Enacts "India's law" under which an incarcerated individual's next of kin shall be notified and allowed visitation by a local correctional facility when such individual is experiencing a serious medical event or demonstrating behavior that is likely to result in serious harm to themselves or others; and within twenty-four hours from such conditions, the acting medical director shall apply for the incarcerated individual's transfer to a medical facility.

NY S04583

Relates to the health, safety and human rights of incarcerated pregnant individuals, incarcerated birthing parents and their children; requires the commissioner of corrections and community supervision to establish rules and regulations relating to conditions in institutions and correctional facilities and the treatment and care of birthing parents in such institutions and facilities.

NY A04879

Relates to the health, safety and human rights of incarcerated pregnant individuals, incarcerated birthing parents and their children; requires the commissioner of corrections and community supervision to establish rules and regulations relating to conditions in institutions and correctional facilities and the treatment and care of birthing parents in such institutions and facilities.

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