Criminal Justice (Corrections)

Creates crimes of reckless endangerment of public health with respect to HIV/AIDS transmission; creates crime of filing false instrument with respect to HIV/AIDS; provides for HIV/AIDS testing for alleged sex offenders and public health offenders; provides for contagious disease testing for persons in the custody of the department of corrections; provides that if an incarcerated individual tests positive notice shall be given to all employees that will have contact with such incarcerated individual.

Relates to segregated confinement; provides that certain incarcerated individuals shall not be placed in a residential rehabilitation unit; makes related provisions.

Provides that no state or local correctional facility shall deny entry to a person visiting such facility due to the fact that such person is menstruating or has a contraceptive device or appears on body scan imaging or alternative methods to have or be using a menstrual product or contraceptive device.

This bill creates new criminal offenses for drivers who enter active construction zones where workers are present. It establishes two levels of vehicular assault (causing serious injury) and two levels of vehicular manslaughter (causing death), with penalties ranging from class E felony to class B felony based on whether the violation was negligent or reckless. A separate misdemeanor charge applies to any driver, cyclist, or pedestrian entering an active work zone without authorization, punishable by fines up to $500 or up to three months in jail. The law defines an "active work zone" as any area with proper signage, cones, or traffic controls where workers are physically present.

This bill requires New York State correctional facilities to move incarcerated individuals diagnosed with specific serious mental illnesses (such as schizophrenia, bipolar disorder, or major depression) out of segregated confinement or long-term rehabilitation units into specialized residential mental health treatment units. It mandates this diversion after consultation with mental health clinicians, applying to anyone diagnosed at any time with one of the listed conditions, unless the move relates to a disciplinary hearing. The policy aims to replace prolonged solitary confinement with appropriate mental health treatment for affected individuals. This change directly impacts incarcerated people with qualifying mental health diagnoses currently held in restrictive settings.

Requires incarcerated individual sexual harassment complaints made against department employees to be investigated by the attorney general; makes the findings and recommendations of the attorney general final and binding on the part of the department.

Eliminates certain court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part B); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part C); vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part D); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part E); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part F).

Relates to correctional facility visits by the correctional association; authorizes the correctional association to visit correctional facilities at any time and without advance notice; grants the correctional association access to certain records and information of correctional facilities.

Provides doula services at all correctional institutions and local correctional facilities; requires the department of corrections and community supervision to retain an organization to make at least two doulas at any given time available to provide doula services twice a week, for four hours, at all correctional institutions and local correctional facilities that house incarcerated individuals who identify as female, as well as to provide doula services during labor and delivery, upon request.

Eliminates certain court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part B); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part C); vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part D); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part E); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part F).