New York State Senator Pete Harckham and Assemblymember Chris Burdick announced this week that their bill requiring the Commissioner of New York State’s Department of Corrections and Community Supervision (DOCCS) to establish an annual heat mitigation plan for correctional facilities statewide has been signed into law by Governor Kathy Hochul.
“Excessive heat in correctional facilities puts both incarcerated individuals and correctional staff at risk of heatstroke and other serious health issues,” said Harckham. “As climate change continues to drive higher temperatures, this problem will only worsen. It is our legal and moral responsibility to ensure safe and humane living conditions for those in the state’s custody and for those working in our correctional facilities. This new law is an important step forward. I’d like to thank Governor Hochul for signing the bill and my colleague Chris Burdick, cosponsor for the legislation in the Assembly, for his commitment to making this possible.”
“I wish to thank the Governor for signing this vital legislation into law,” said Burdick. “Each year, we have more and more days of extreme heat and it not only affects incarcerated individuals, but correctional officers and any staff members working in these facilities. The correctional facilities can become intolerable, and it is inhumane for anyone to be expected to function in such conditions. I am hopeful that this new law will result in practical and effective plans to create a better environment for all those who live and work in these correctional facilities.”
A report from the Correctional Association of New York revealed that only 52% of incarcerated individuals surveyed had access to adequate temperature controls year-round.
The new law (S7781A/A9169A) requires DOCCS, in collaboration with New York State’s Department of Environmental Conservation’s Extreme Heat Action Plan Work Group, to assess the impact of extreme heat on both inmates and staff and create a comprehensive plan to mitigate the effects of high temperatures on a yearly basis. These plans would include procedures to monitor and report temperature levels and strategies to ensure adequate air conditioning and ventilation throughout the entire prison.
In some cases, like at Sing Sing Correctional Facility in Ossining, the antiquated infrastructure of the facility makes installing central air conditioning impractical. However, a heat mitigation plan may include alternative approaches to battling extreme heat conditions, such as improving access to industrial fans, establishing cooling stations for incarcerated individuals and staff, making cool drinking water more accessible, stocking commissaries with personal fans prior to the beginning of summer and performing additional wellness checks for inmates during heatwaves.
As New York’s incarcerated population ages, the risks posed by extreme heat are growing, especially for older inmates and those on medication who are more vulnerable to temperature-related health issues.
This new law helps address a growing problem in New York in a flexible manner that can work for corrections facilities across the state.
Wayne Spence, President of the New York State Public Employees Federation, said, “The New York State Public Employees Federation thanks Governor Kathy Hochul for signing a new law to identify workable solutions to address temperature regulation in DOCCS facilities. This new law is good for incarcerated individuals and staff. PEF also thanks Senator Peter Harckham and Assemblymember Chris Burdick for their work on and support for this important new law.”
