Criminal Justice

Bill S 6456 expands eligibility for incarcerated individuals to participate in prison work release programs by extending the required proximity to parole or conditional release. Most participants will now be eligible three years, instead of two, prior to release, and those with certain violent offenses will be eligible thirty months, up from eighteen. The bill also extends this three-year eligibility to individuals convicted of homicide offenses related to domestic abuse by the victim. Furthermore, it prohibits the governor from issuing executive orders to exclude classes of otherwise eligible individuals and adds aggravated harassment of an employee by an incarcerated individual to the list of ineligible offenses.

Amends provisions involving the arrest, prosecution, sentencing and penalties for offenses involving vehicular assault, manslaughter and homicide; removes certain barriers to prosecution for operating a vehicle under the influence of drugs or alcohol.

This bill would expand New York's definition of "aggravated harassment in the second degree" to include sending unwanted intimate photos or videos with the intent to harass, annoy, threaten, or alarm someone, and without a legitimate communication purpose. It directly affects individuals who transmit such images without consent for malicious reasons. The key provision requires both the harmful intent and the absence of a valid reason for the communication. If enacted, this would make such transmissions a specific criminal offense under the state's harassment laws.

Relates to the department of correction and community supervision's role with respect to discharge planning to assist incarcerated individuals in obtaining housing before release to community supervision.

Authorizes the imposition of bail for certain felony offenses involving the manufacture, sale, distribution, or possession with intent to sell synthetic opioids.

Senate Bill S 856 reorganizes the State Commission of Correction by expanding its membership from three to nine individuals. The bill diversifies the appointment process, allowing the Governor, Speaker of the Assembly, Temporary President of the Senate, and the Correctional Association to each appoint members. It also mandates that the commission include members with specific professional backgrounds, such as formerly incarcerated individuals, health professionals, and attorneys. Additionally, the bill establishes a ten-year term limit for commissioners and alters the process for designating the chairperson and removing members.

Establishes the crimes of criminal trespass on a school bus, school grounds or children's camp; requires the commissioner of motor vehicles, in consultation with the commissioner of transportation, to promulgate rules and regulations for certain signage on school buses; relates to professional development school bus driver safety training seminars statewide.

Requires rates paid for rehabilitation and opioid treatment be pursuant to certain fee schedules published by the office of addiction services and supports.

Provides immunity from prosecution for certain individuals engaged in prostitution who are victims of or witnesses to a crime and who report such crime or assist in the investigation or prosecution.

Enacts into law components of legislation necessary to implement an omnibus bill related to correctional services in the state of New York; requires the timely disclosure of video footage related to the death of incarcerated individuals to the attorney general's office of special investigations (Part A); requires institutions and local correctional facilities to adhere to certain standards regarding the camera coverage of incarcerated individuals and detainees, and access to such camera recordings (Part B); provides notice of the death of an incarcerated individual occurring in the custody of the department of corrections and community supervision; requires the department to promptly notify the next of kin and any other person designated as the representative of any incarcerated individual whose death takes place during custody (Part C); directs the state commission of correction to conduct a comprehensive study on deaths in correctional facilities within New York state to provide data-driven insights and recommendations to improve prison conditions, healthcare, and policies to prevent future tragedies (Part D); establishes the Terry Cooper autopsy accountability act requiring autopsy reports to include all photographs of the body, microscopic slides, and post-mortem x-rays taken by, at the direction of, or reviewed by the person performing the autopsy (Part E); relates to conflicts within the office of special investigation; provides that if the office of the attorney general has a conflict representing state employees in civil litigation, the attorney general may designate a deputy attorney general or assistant attorney general to act in their place; requires the attorney general to establish procedures to screen off certain records (part F); requires the commissioner of corrections and community supervision to collect and report on data from the office of special investigations regarding complaints received by such office in the previous quarter (Part G); increases the number of members on the state commission of correction; provides for the manner of confirmation of such members (Part H); relates to correctional facility visits by the correctional association; authorizes the correctional association to visit correctional facilities at any time with 24 hours advance notice; grants the correctional association access to certain records and information of correctional facilities (Part I); relates to the tolling of statute of limitations for individuals in state custody; provides that with respect to state action brought by anyone to recover damages for physical, psychological, or other injury or condition suffered while in state custody, the time in which such action must commence shall be extended to three years after such person is released from such custody (Part J).