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Rounding up Citizens In NY for Internment/Detention Facilities.

MrMag00MrMag00 Member Posts: 532 ✭✭✭
edited January 2021 in Politics

New York Bill A416 working its way through to being law. They can round you up and throw you in jail if you have been in proximity to a "covid 19" positive (or any other thing) and throw you in jail, without due process.

Seems they just released prisoners who murdered and raped because of "covid" so now they want to put law abiding citizens there to fill the gap and collect money.


And it won't be long before gun owners fall into this category of public health and safety.


https://www.nysenate.gov/legislation/bills/2021/a416


 Introduced by M. of A. PERRY -- read once and referred to the Committee

  on Health

 

 AN ACT to amend the public health law, in relation to the removal of

  cases, contacts and carriers of communicable diseases who are poten-

  tially dangerous to the public health


  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-

 BLY, DO ENACT AS FOLLOWS:

 

  Section 1. The public health law is amended by adding a new section

 2120-a to read as follows:

  § 2120-A. REMOVAL AND DETENTION OF CASES, CONTACTS AND CARRIERS WHO

 ARE OR MAY BE A DANGER TO PUBLIC HEALTH; OTHER ORDERS. 1. THE PROVISIONS

 OF THIS SECTION SHALL BE UTILIZED IN THE EVENT THAT THE GOVERNOR

 DECLARES A STATE OF HEALTH EMERGENCY DUE TO AN EPIDEMIC OF ANY COMMUNI-

 CABLE DISEASE.

  2. UPON DETERMINING BY CLEAR AND CONVINCING EVIDENCE THAT THE HEALTH

 OF OTHERS IS OR MAY BE ENDANGERED BY A CASE, CONTACT OR CARRIER, OR

 SUSPECTED CASE, CONTACT OR CARRIER OF A CONTAGIOUS DISEASE THAT, IN THE

 OPINION OF THE GOVERNOR, AFTER CONSULTATION WITH THE COMMISSIONER, MAY

 POSE AN IMMINENT AND SIGNIFICANT THREAT TO THE PUBLIC HEALTH RESULTING

 IN SEVERE MORBIDITY OR HIGH MORTALITY, THE GOVERNOR OR HIS OR HER DELE-

 GEE, INCLUDING, BUT NOT LIMITED TO THE COMMISSIONER OR THE HEADS OF

 LOCAL HEALTH DEPARTMENTS, MAY ORDER THE REMOVAL AND/OR DETENTION OF SUCH

 A PERSON OR OF A GROUP OF SUCH PERSONS BY ISSUING A SINGLE ORDER, IDEN-

 TIFYING SUCH PERSONS EITHER BY NAME OR BY A REASONABLY SPECIFIC

 DESCRIPTION OF THE INDIVIDUALS OR GROUP BEING DETAINED. SUCH PERSON OR

 GROUP OF PERSONS SHALL BE DETAINED IN A MEDICAL FACILITY OR OTHER APPRO-

 PRIATE FACILITY OR PREMISES DESIGNATED BY THE GOVERNOR OR HIS OR HER

 DELEGEE AND COMPLYING WITH SUBDIVISION FIVE OF THIS SECTION.

  3. A PERSON OR GROUP REMOVED OR DETAINED BY ORDER OF THE GOVERNOR OR

 HIS OR HER DELEGEE PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE

 

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

            [ ] is old law to be omitted.

                              LBD04443-01-1


 A. 416               2

 

 DETAINED FOR SUCH PERIOD AND IN SUCH MANNER AS THE DEPARTMENT MAY DIRECT

 IN ACCORDANCE WITH THIS SECTION.

  4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION:

  (A) A CONFIRMED CASE OR A CARRIER WHO IS DETAINED PURSUANT TO SUBDIVI-

 SION TWO OF THIS SECTION SHALL NOT CONTINUE TO BE DETAINED AFTER THE

 DEPARTMENT DETERMINES THAT SUCH PERSON IS NO LONGER CONTAGIOUS.

  (B) A SUSPECTED CASE OR SUSPECTED CARRIER WHO IS DETAINED PURSUANT TO

 SUBDIVISION TWO OF THIS SECTION SHALL NOT CONTINUE TO BE DETAINED AFTER

 THE DEPARTMENT DETERMINES, WITH THE EXERCISE OF DUE DILIGENCE, THAT SUCH

 PERSON IS NOT INFECTED WITH OR HAS NOT BEEN EXPOSED TO SUCH A DISEASE,

 OR IF INFECTED WITH OR EXPOSED TO SUCH A DISEASE, NO LONGER IS OR WILL

 BECOME CONTAGIOUS.

  (C) A PERSON WHO IS DETAINED PURSUANT TO SUBDIVISION TWO OF THIS

 SECTION AS A CONTACT OF A CONFIRMED CASE OR A CARRIER SHALL NOT CONTINUE

 TO BE DETAINED AFTER THE DEPARTMENT DETERMINES THAT THE PERSON IS NOT

 INFECTED WITH THE DISEASE OR THAT SUCH CONTACT NO LONGER PRESENTS A

 POTENTIAL DANGER TO THE HEALTH OF OTHERS.

  (D) A PERSON WHO IS DETAINED PURSUANT TO SUBDIVISION TWO OF THIS

 SECTION AS A CONTACT OF A SUSPECTED CASE SHALL NOT CONTINUE TO BE

 DETAINED:

  (I) AFTER THE DEPARTMENT DETERMINES, WITH THE EXERCISE OF DUE DILI-

 GENCE, THAT THE SUSPECTED CASE WAS NOT INFECTED WITH SUCH A DISEASE, OR

 WAS NOT CONTAGIOUS AT THE TIME THE CONTACT WAS EXPOSED TO SUCH INDIVID-

 UAL; OR

  (II) AFTER THE DEPARTMENT DETERMINES THAT THE CONTACT NO LONGER

 PRESENTS A POTENTIAL DANGER TO THE HEALTH OF OTHERS.

  5. A PERSON WHO IS DETAINED PURSUANT TO SUBDIVISION TWO OF THIS

 SECTION SHALL, AS IS APPROPRIATE TO THE CIRCUMSTANCES:

  (A) HAVE HIS OR HER MEDICAL CONDITION AND NEEDS ASSESSED AND ADDRESSED

 ON A REGULAR BASIS, AND

  (B) BE DETAINED IN A MANNER THAT IS CONSISTENT WITH RECOGNIZED

 ISOLATION AND INFECTION CONTROL PRINCIPLES IN ORDER TO MINIMIZE THE

 LIKELIHOOD OF TRANSMISSION OF INFECTION TO SUCH PERSON AND TO OTHERS.

  6. WHEN A PERSON OR GROUP IS ORDERED TO BE DETAINED PURSUANT TO SUBDI-

 VISION TWO OF THIS SECTION FOR A PERIOD NOT EXCEEDING THREE BUSINESS

 DAYS, SUCH PERSON OR MEMBER OF SUCH GROUP SHALL, UPON REQUEST, BE

 AFFORDED AN OPPORTUNITY TO BE HEARD. IF A PERSON OR GROUP DETAINED

 PURSUANT TO SUBDIVISION TWO OF THIS SECTION NEEDS TO BE DETAINED BEYOND

 THREE BUSINESS DAYS, THEY SHALL BE PROVIDED WITH AN ADDITIONAL COMMIS-

 SIONER'S ORDER PURSUANT TO SUBDIVISIONS TWO AND EIGHT OF THIS SECTION.

  7. WHEN A PERSON OR GROUP IS ORDERED TO BE DETAINED PURSUANT TO SUBDI-

 VISION TWO OF THIS SECTION FOR A PERIOD EXCEEDING THREE BUSINESS DAYS,

 AND SUCH PERSON OR MEMBER OF SUCH GROUP REQUESTS RELEASE, THE GOVERNOR

 OR HIS OR HER DELEGEE SHALL MAKE AN APPLICATION FOR A COURT ORDER

 AUTHORIZING SUCH DETENTION WITHIN THREE BUSINESS DAYS AFTER SUCH REQUEST

 BY THE END OF THE FIRST BUSINESS DAY FOLLOWING SUCH SATURDAY, SUNDAY, OR

 LEGAL HOLIDAY, WHICH APPLICATION SHALL INCLUDE A REQUEST FOR AN EXPE-

 DITED HEARING. AFTER ANY SUCH REQUEST FOR RELEASE, DETENTION SHALL NOT

 CONTINUE FOR MORE THAN FIVE BUSINESS DAYS IN THE ABSENCE OF A COURT

 ORDER AUTHORIZING DETENTION. NOTWITHSTANDING THE FOREGOING PROVISIONS,

 IN NO EVENT SHALL ANY PERSON BE DETAINED FOR MORE THAN SIXTY DAYS WITH-

 OUT A COURT ORDER AUTHORIZING SUCH DETENTION. THE GOVERNOR OR HIS OR HER

 DELEGEE SHALL SEEK FURTHER COURT REVIEW OF SUCH DETENTION WITHIN NINETY

 DAYS FOLLOWING THE INITIAL COURT ORDER AUTHORIZING DETENTION AND THERE-

 AFTER WITHIN NINETY DAYS OF EACH SUBSEQUENT COURT REVIEW. IN ANY COURT

 PROCEEDING TO ENFORCE AN ORDER OF THE GOVERNOR OR HIS OR HER DELEGEE FOR


 A. 416               3

 

 THE REMOVAL OR DETENTION OF A PERSON OR GROUP ISSUED PURSUANT TO THIS

 SUBDIVISION OR FOR REVIEW OF THE CONTINUED DETENTION OF A PERSON OR

 GROUP, THE GOVERNOR OR HIS OR HER DELEGEE SHALL PROVE THE PARTICULARIZED

 CIRCUMSTANCES CONSTITUTING THE NECESSITY FOR SUCH DETENTION BY CLEAR AND

 CONVINCING EVIDENCE.

  8. (A) A COPY OF ANY DETENTION ORDER OF THE GOVERNOR OR HIS OR HER

 DELEGEE ISSUED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE

 GIVEN TO EACH DETAINED INDIVIDUAL; HOWEVER, IF THE ORDER APPLIES TO A

 GROUP OF INDIVIDUALS AND IT IS IMPRACTICAL TO PROVIDE INDIVIDUAL COPIES,

 IT MAY BE POSTED IN A CONSPICUOUS PLACE IN THE DETENTION PREMISES. ANY

 DETENTION ORDER OF THE COMMISSIONER ISSUED PURSUANT TO SUBDIVISION TWO

 OF THIS SECTION SHALL SET FORTH:

  (I) THE PURPOSE OF THE DETENTION AND THE LEGAL AUTHORITY UNDER WHICH

 THE ORDER IS ISSUED, INCLUDING THE PARTICULAR SECTIONS OF THIS ARTICLE

 OR OTHER LAW OR REGULATION;

  (II) A DESCRIPTION OF THE CIRCUMSTANCES AND/OR BEHAVIOR OF THE

 DETAINED PERSON OR GROUP CONSTITUTING THE BASIS FOR THE ISSUANCE OF THE

 ORDER;

  (III) THE LESS RESTRICTIVE ALTERNATIVES THAT WERE ATTEMPTED AND WERE

 UNSUCCESSFUL AND/OR THE LESS RESTRICTIVE ALTERNATIVES THAT WERE CONSID-

 ERED AND REJECTED, AND THE REASONS SUCH ALTERNATIVES WERE REJECTED;

  (IV) A NOTICE ADVISING THE PERSON OR GROUP BEING DETAINED THAT THEY

 HAVE  A  RIGHT TO REQUEST RELEASE FROM DETENTION, AND INCLUDING

 INSTRUCTIONS ON HOW SUCH REQUEST SHALL BE MADE;

  (V) A NOTICE ADVISING THE PERSON OR GROUP BEING DETAINED THAT THEY

 HAVE A RIGHT TO BE REPRESENTED BY LEGAL COUNSEL AND THAT UPON REQUEST OF

 SUCH PERSON OR GROUP ACCESS TO COUNSEL WILL BE FACILITATED TO THE EXTENT

 FEASIBLE UNDER THE CIRCUMSTANCES; AND

  (VI) A NOTICE ADVISING THE PERSON OR GROUP BEING DETAINED THAT THEY

 MAY SUPPLY THE ADDRESSES AND/OR TELEPHONE NUMBERS OF FRIENDS AND/OR

 RELATIVES TO RECEIVE NOTIFICATION OF THE PERSON'S DETENTION, AND THAT

 THE DEPARTMENT SHALL, AT THE DETAINED PERSON'S REQUEST AND TO THE EXTENT

 FEASIBLE, PROVIDE NOTICE TO A REASONABLE NUMBER OF SUCH PEOPLE THAT THE

 PERSON IS BEING DETAINED.

  (B) IN ADDITION, AN ORDER ISSUED PURSUANT TO SUBDIVISIONS TWO AND

 SEVEN OF THIS SECTION, REQUIRING THE DETENTION OF A PERSON OR GROUP FOR

 A PERIOD EXCEEDING THREE BUSINESS DAYS, SHALL:

  (I) ADVISE THE PERSON OR GROUP BEING DETAINED THAT THE DETENTION SHALL

 NOT CONTINUE FOR MORE THAN FIVE BUSINESS DAYS AFTER A REQUEST FOR

 RELEASE HAS BEEN MADE IN THE ABSENCE OF A COURT ORDER AUTHORIZING SUCH

 DETENTION;

  (II) ADVISE THE PERSON OR GROUP BEING DETAINED THAT, WHETHER OR NOT

 THEY REQUEST RELEASE FROM DETENTION, THE GOVERNOR OR HIS OR HER DELEGEE

 MUST OBTAIN A COURT ORDER AUTHORIZING DETENTION WITHIN SIXTY DAYS

 FOLLOWING THE COMMENCEMENT OF DETENTION AND THEREAFTER MUST FURTHER SEEK

 COURT REVIEW OF THE DETENTION WITHIN NINETY DAYS OF SUCH COURT ORDER AND

 WITHIN NINETY DAYS OF EACH SUBSEQUENT COURT REVIEW; AND

  (III) ADVISE THE PERSON OR GROUP BEING DETAINED THAT THEY HAVE THE

 RIGHT TO REQUEST THAT LEGAL COUNSEL BE PROVIDED, THAT UPON SUCH REQUEST

 COUNSEL SHALL BE PROVIDED IF AND TO THE EXTENT POSSIBLE UNDER THE

 CIRCUMSTANCES, AND THAT IF COUNSEL IS SO PROVIDED, THAT SUCH COUNSEL

 WILL BE NOTIFIED THAT THE PERSON OR GROUP HAS REQUESTED LEGAL REPRESEN-

 TATION.

  9. A PERSON WHO IS DETAINED IN A MEDICAL FACILITY, OR OTHER APPROPRI-

 ATE FACILITY OR PREMISES, SHALL NOT CONDUCT HIMSELF OR HERSELF IN A


 A. 416               4

 

 DISORDERLY MANNER, AND SHALL NOT LEAVE OR ATTEMPT TO LEAVE SUCH FACILITY

 OR PREMISES UNTIL HE OR SHE IS DISCHARGED PURSUANT TO THIS SECTION.

  10. WHERE NECESSARY AND FEASIBLE UNDER THE CIRCUMSTANCES, LANGUAGE

 INTERPRETERS AND PERSONS SKILLED IN COMMUNICATING WITH VISION AND HEAR-

 ING IMPAIRED INDIVIDUALS SHALL BE PROVIDED.

  11. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE ISSUANCE OF

 ORDERS PURSUANT TO § 11.21 OF THE NEW YORK CITY HEALTH CODE.

  12. IN ADDITION TO THE REMOVAL OR DETENTION ORDERS REFERRED TO IN

 SUBDIVISION TWO OF THIS SECTION, AND WITHOUT AFFECTING OR LIMITING ANY

 OTHER AUTHORITY THAT THE COMMISSIONER MAY OTHERWISE HAVE, THE GOVERNOR

 OR HIS OR HER DELEGEE MAY, IN HIS OR HER DISCRETION, ISSUE AND SEEK

 ENFORCEMENT OF ANY OTHER ORDERS THAT HE OR SHE DETERMINES ARE NECESSARY

 OR APPROPRIATE TO PREVENT DISSEMINATION OR TRANSMISSION OF CONTAGIOUS

 DISEASES OR OTHER ILLNESSES THAT MAY POSE A THREAT TO THE PUBLIC HEALTH

 INCLUDING, BUT NOT LIMITED TO, ORDERS REQUIRING ANY PERSON OR PERSONS

 WHO ARE NOT IN THE CUSTODY OF THE DEPARTMENT TO BE EXCLUDED; TO REMAIN

 ISOLATED OR QUARANTINED AT HOME OR AT A PREMISES OF SUCH PERSON'S CHOICE

 THAT IS ACCEPTABLE TO THE DEPARTMENT AND UNDER SUCH CONDITIONS AND FOR

 SUCH PERIOD AS WILL PREVENT TRANSMISSION OF THE CONTAGIOUS DISEASE OR

 OTHER ILLNESS; TO REQUIRE THE TESTING OR MEDICAL EXAMINATION OF PERSONS

 WHO MAY HAVE BEEN EXPOSED TO OR INFECTED BY A CONTAGIOUS DISEASE OR WHO

 MAY HAVE BEEN EXPOSED TO OR CONTAMINATED WITH DANGEROUS AMOUNTS OF

 RADIOACTIVE MATERIALS OR TOXIC CHEMICALS; TO REQUIRE AN INDIVIDUAL WHO

 HAS BEEN EXPOSED TO OR INFECTED BY A CONTAGIOUS DISEASE TO COMPLETE AN

 APPROPRIATE, PRESCRIBED COURSE OF TREATMENT, PREVENTIVE MEDICATION OR

 VACCINATION, INCLUDING DIRECTLY OBSERVED THERAPY TO TREAT THE DISEASE

 AND FOLLOW INFECTION CONTROL PROVISIONS FOR THE DISEASE; OR TO REQUIRE

 AN INDIVIDUAL WHO HAS BEEN CONTAMINATED WITH DANGEROUS AMOUNTS OF RADIO-

 ACTIVE MATERIALS OR TOXIC CHEMICALS SUCH THAT SAID INDIVIDUAL MAY PRES-

 ENT A DANGER TO OTHERS, TO UNDERGO DECONTAMINATION PROCEDURES DEEMED

 NECESSARY BY THE DEPARTMENT.  SUCH PERSON OR PERSONS SHALL, UPON

 REQUEST, BE AFFORDED AN OPPORTUNITY TO BE HEARD, BUT THE PROVISIONS OF

 SUBDIVISIONS TWO THROUGH ELEVEN OF THIS SECTION SHALL NOT OTHERWISE

 APPLY.

  13. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT OR

 REQUIRE THE FORCIBLE ADMINISTRATION OF ANY MEDICATION WITHOUT A PRIOR

 COURT ORDER.

  § 2. This act shall take effect on the thirtieth day after it shall

 have become a law. Effective immediately the addition, amendment and/or

 repeal of any rule or regulation necessary for the implementation of

 this act on its effective date are authorized to be made and completed

 on or before such date.

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