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 the Incarcerated Individuals Responsibility and Fair Wages Act; establishes a minimum wage for incarcerated individuals of five dollars per hour; establishes a prison incarcerated individual fund where up to forty percent of an incarcerated individual's wages can be sent to their family to help pay for certain expenses.

Requires the department of corrections and community supervision to create a family reunion program to provide eligible incarcerated individuals and their families the opportunity to meet for an extended period of time in a residential setting.

Authorizes certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction.

Permits the use of portable electronic devices for making phone calls as part of the telephone service system made available to incarcerated individuals.

This bill makes assaults on seniors (65+) occurring while they are using, attempting to use, or accessing public transportation a class D violent felony. It directly affects seniors using public transit and sets a penalty of up to 7 years in prison for such assaults. The key provision adds a new legal definition to the penal law specifically covering reckless or intentional physical injury to seniors in public transportation settings. This changes the legal classification for these incidents from a lesser offense to a more serious felony.

Authorizes the state inspector general to receive and investigate complaints of sexual assault in correctional facilities and other places operated by the department of corrections and community supervision for the confinement of persons; requires the state inspector general to establish protocol and procedures for such reports and investigations.

This bill increases penalties for aggravated cruelty to animals when committed during a domestic violence incident. It raises the maximum prison sentence from two years to four years for offenders who harm animals during domestic violence, including the period of tension before or stress after the violence. The law directly affects individuals convicted of animal cruelty who also commit domestic violence, as defined by state law. The change applies to specific acts of animal cruelty committed in the context of domestic violence, not general animal cruelty cases.

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).

Designates services to be provided by a jail-based substance use disorder treatment, peer led recovery support services, and transition services program as essential medical care services.