Plugged In @ Hinman Straub

September 17, 2021

What’s Inside

  • Governor Announces Series of Universal Mask Requirements
  • Governor Signs the Less is More Act
  • Governor Announces JCOPE Appointments
  • Judge Issues Temporary Restraining Order Regarding Health Care Worker Vaccine Mandate
  • Round Five of Luminate New York Competition Now Open for Applications
  • Independent Redistricting Commission Releases Draft Maps
  • Political Updates
  • Coming Up

Governor Announces Series of Universal Mask Requirements

The Governor announced a series of universal mask requirements this week. The masking requirements will apply to all individuals over two years old regardless of vaccination status in the following settings:

OCFS-licensed and -registered

  • Child care centers;
  • Home-based group family and family child care programs;
  • After-school child care programs; and
  • Enrolled legally exempt group programs.

The new masking requirements will also apply to congregate programs and facilities licensed, registered, operated, certified or approved by:

  • The Office of Mental Health;
  • The Office of Addiction Services and Supports;
  • The Office for People With Developmental Disabilities;
  • The Office of Children and Family Services; and
  • The Office of Temporary and Disability Assistance.

Governor Hochul said:

With the Delta variant on the rise, requiring masks at state-regulated child care, mental health, and substance abuse facilities is a key part of our broader strategy for slowing the spread of the virus, reopening our economy safely, and protecting vulnerable members of our population. For children under 12 who are not yet eligible to be vaccinated, masks are the best line of defense against COVID-19 infection. This new mask requirement ensures that children in our child care facilities receive the same protection as children in our schools.

Governor Signs the Less is More Act

The Governor signed the Less is More Act (S.1144A/A.5576A) which modifies the standard of evidence and certain other procedures when determining whether to revoke the community supervision of a person on parole. Major provisions of the bill include:

Earned Time Credits

Individuals on parole can earn 30 days of time credit for every 30 days in the community that they adhere to parole rules. If the parolee is found to have violated a condition of parole, they will not earn the 30-day reduction in parole time and may face additional sanctions depending on the violation.

Ending Automatic Incarceration

For parolees accused of technical violations (i.e. non-criminal rule violations) parole authorities will give the parolee a written notice of the violation and order the person to appear at an administrative hearing on the alleged violation. This provision does not apply to people on parole for sex offenses. A judge would assess whether the paroled person is likely to return for their administrative hearing if they remained at liberty in the community. Currently, technical violations result in re-incarceration automatically and without judicial discretion.

For parolees accused of non-technical violations (i.e. new crimes), parolees will receive a recognizance hearing before a judge within 24 hours, or as soon as court is open for any business, to determine whether they will be detained pending revocation proceedings.

Eliminating Incarceration for Certain Technical Violations

Under the Less Is More Act, parolees will no longer be reincarcerated as a punishment for many technical violations, defined as “any conduct that violates a condition of community supervision in an important respect, other than the commission of a new felony or misdemeanor offense under the penal law.” More serious technical violations such as absconding and repeatedly refusing treatment will continue to be punishable by short incarceration periods proportionate to the seriousness or repetition of the violation.

Capping Periods of Incarceration

Under the Less Is More Act, there are only a limited number of technical violations for which a person is subject to incarceration, and for those few violations, there are limits to the length of incarceration. For non-technical violations the bill leaves intact current law establishing potential parole penalties for new criminal conduct. People on parole will now have the right to de novo judicial review of the sustained non-technical violation and the punishment imposed.

The bill will take effect on March 1, 2022, with some provisions taking effect prior on a rolling basis.

Governor Hochul said:

Our fellow New Yorkers on parole deserve to reenter society with our support and respect – reincarcerating parolees for technical violations traps them and doesn’t help our communities. New Yorkers currently serving sentences in jails and prisons also deserve our support – there is no justice in mistreating incarcerated New Yorkers. While this is just one step and more work needs to be done collaboratively with all levels of government, I am proud to take these steps to increase the safety in city jails, not only for those incarcerated, but for the staff who work tirelessly to keep operations running.

Governor Announces JCOPE Appointments

The Governor announced appointments to the Joint Commission on Public Ethics directly prior to JCOPE convening their regularly scheduled monthly meeting. The Governor designated the already serving Commissioner James Dering as Acting Chair of the Commission and appointed Randall Hinrichs to serve on the Commission as a Governor’s appointee. The Governor also announced she is beginning a process to review and reform JCOPE, and as part of that process will solicit input from good government groups, legislators, and other stakeholders to improve ethics oversight in New York State.

James Dering, Acting Chair

Commissioner Dering is a partner at Garfunkel Wild, P.C. (“GW”), a law firm that focuses on serving the business and legal needs of clients in the health care industry and other areas. Mr. Dering works in GW’s Albany, NY office and is a member of the firm’s Health Care, Business and Compliance practice groups. Previously, he served as General Counsel of the New York State Department of Health, and formerly was Deputy General Counsel and Director of the Bureau of House Counsel.

The Honorable C. Randall Hinrichs, Commissioner

Commissioner Hinrichs previously served as Suffolk County District Administrative Judge. Prior, Judge Hinrichs served as the Supervising Judge of the Suffolk County Court from April 25, 2008 until his appointment as District Administrative Judge. Before joining the bench, Judge Hinrichs served in the Suffolk County District Attorney’s office from March 1982 to December 2001.

During the meeting, the commission considered a motion brought by a minority legislative appointee to revoke former Governor Cuomo’s authorization to sell the rights to his book “American Crisis: Leadership Lessons from the COVID-19 Pandemic.” The motion was defeated with the help of Governor Hochul’s newly appointed commissioners.

The Governor defended her selections to the commission when questioned regarding her appointees voting against the revocation of Cuomo’s book deal:

What happened yesterday was the result of two resignations. In order for there to be any business going forward, I had to appoint somebody. And that was the circumstance yesterday. I had to find an individual. And individual who was highly recommended, who has credentials…I am not going to render opinions, because I don’t believe it is my place to do so. If anyone is going to question my independence on this, start with the statement I am offering now. I will not interfere with what JCOPE does. I am not going to comment on their investigations. That’s wildly inappropriate for me to do so.

Judge Issues Temporary Restraining Order Regarding Health Care Worker Vaccine Mandate

United States District Judge David Hurd ordered a temporary restraining order to enjoin enforcement of the state’s vaccine mandate for certain health care workers who assert a religious exemption. The state has until September 22 to respond to the lawsuit in federal court in Utica. If the state opposes the plaintiffs’ request for a preliminary court order blocking the vaccine mandate, a September 28 oral hearing will occur.

In a separate case, a Manhattan Supreme Court Judge issued a temporary restraining order over New York City’s vaccine mandate for Department of Education workers. The suit was brought by several municipal unions including UFT and DC37. Oral arguments will begin September 22.

Hazel Crampton-Hays, press secretary to the Governor, said in a statement:

Governor Hochul is doing everything in her power to protect New Yorkers and combat the Delta variant by increasing vaccine rates across the State. Requiring vaccination of health care workers is critical to this battle.

Round Five of Luminate New York Competition Now Open for Applications

Luminate NY—the world’s largest business accelerator for startup companies that have optics, photonics, and imaging (OPI) enabled applications—is now accepting applications for round five of the innovative program. The accelerator brings companies to the Finger Lakes Region to leverage resources to speed the commercialization of emerging technologies within a range of industries, from quantum computing, medical devices, and LiDAR to augmented reality, robotics, and autonomous vehicles. Luminate NY is administered by NextCorps, a University of Rochester affiliate.

Applicants for Luminate NY must be incorporated, have at least two full-time employees, and should have proven their core technology, preferably having developed a working prototype. Once admitted, companies will receive assistance, including capital, access to comprehensive lab facilities for technology development, education, and business mentoring. Applications will be accepted now through January 10, 2022.

Dr. Sujatha Ramanujan, Managing Director, Luminate NY said:

This one-of-a-kind accelerator is helping emerging companies change the trajectory of their progress and the strength of their innovations. We encourage founders to apply to explore what Luminate can do for their business.

Independent Redistricting Commission Releases Draft Maps

The Independent Redistricting Commission (IRC) released its first set of draft maps this week. The IRC is tasked with redistricting New York’s state and congressional districts. The commission was supposed to release one set of maps, though were unable to reach a consensus and instead released two different sets of draft maps created along party lines. The IRC will now embark on a schedule of fourteen public hearings to solicit public feedback.

Under current law, the IRC needs to approve and submit maps to the state Legislature by January 1. The maps they send need approval by a bipartisan group of seven of the 10 commissioners. If they can’t reach that seven-vote threshold, they send the map with the most votes. If it’s a dead tie, they send both. The Legislature then needs to approve the maps by a two-thirds vote to send them to the governor. If the Legislature does not approve the maps, the commission has until Feb. 28 to submit new versions. If the Legislature rejects those as well, then lawmakers may draw their own maps.

A state constitutional amendment will be on the ballot in November to change the rules slightly. If approved, the commission would be required to submit their plans to lawmakers earlier, and the voting requirements for the commission to approve the plans would be relaxed. The state Legislature would need only a simple majority to approve the plans. If the commission failed to produce a consensus by January 1, they would submit all their drafts to the Legislature as starting points.

Political Updates

City & State NY’s Weekly Winners and Losers here.

Siena Research Institute releases first poll since Hochul’s ascension to Governor (crosstabs here).

CNBC: NY Attorney General Letitia James held private talks about running for governor in wake of Cuomo resignation here.

Alphonso David says HRC treated him differently because of race.

Mayoral frontrunner Eric Adams says New York will no longer be anti-business.

Top earning New Yorkers could face 61.2% combined tax rate under U.S. House of Representatives plan.

Byron Brown loses two court decisions, will not appear on November ballot.

The City: ‘Independent’ Redistricting Panel Draws Partisan Battle Lines in Congress Fight here.

Rep. Jacobs reports securities trades late, violating federal rules.

Hospitals and health care facilities face looming staffing crisis as many workers refuse vaccination.

Coming Up

The Assembly will hold a public hearing on neonicotinoid pesticides on September 20.

The Senate will hold a public hearing to solicit testimony on proposed reforms to the voting process and operations of county boards of elections on September 21.

The Assembly will hold a public hearing on intercity passenger rail transportation on September 22.

The Senate will hold a public hearing to review the finances and projections of the Metropolitan Transportation Authority (MTA) in the aftermath of COVID-19 and receipt of federal aid, to review the implementation of the Transformation Plan, and to seek updates on major capital projects on September 29.

The Senate will hold a public hearing to review how school districts are spending Foundation Aid increases and ARP funds on September 30.

The Assembly will hold a public hearing on conditions at the Rikers Island Correctional Facility and other NYC Department of Corrections facilities on October 1.

The Senate will hold a second public hearing to review how school districts are spending Foundation Aid increases and ARP funds on October 5.

The Public Service Commission will hold its next meeting on October 7.

The Board of Regents will hold their next meeting on October 18 and 19.

JCOPE will hold its next meeting on October 19.

*NEW DATE AND LOCATION* The Assembly will hold a public hearing on employment opportunities for people with disabilities on October 20.

The Senate Task Force on Opioids, Addiction and Overdose will hold a public meeting to discuss the impacts of COVID-19 on the overdose crisis on October 20.

The Assembly will hold a public hearing on restructuring the New York State Division of Veterans Services (NYSDVS) on October 21.