US Law to detain anyone being a danger to public health

[Anthea]

NY State Assembly Bill A416

S T A T E O F N E W Y O R K
________________________________________________________________________

416

2021-2022 Regular Sessions

I N A S S E M B L Y

(PREFILED)

January 6, 2021
___________

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 COMMUNICABLE 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 OMMISSIONER, MAY POSE AN IMMINENT AND SIGNIFICANT THREAT TO THE PUBLIC HEALTH RESULTING IN SEVERE MORBIDITY OR HIGH MORTALITY, THE GOVERNOR OR HIS OR HER DELEGEE, 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, IDENTIFYING 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 APPROPRIATE 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 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 INDIVIDUAL; 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 SUBDIVISION 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 COMMISSIONER'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 EXPEDITED 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 WITHOUT 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 THEREAFTER 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 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.

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

[Anthea]

Remove or Detain contagious people

New York Gov. Andrew Cuomo could kick out or lock up anyone suspected of being infected with coronavirus or other contagious diseases if a contentious bill passes

Democrat Nick Perry has been accused of targeting sick people and infringing on constitutional freedoms by trying to beef up the state's public health law.

New York Governor Andrew Cuomo could have the right to detain coronavirus-stricken people

2020 was a year of huge loss because of Covid, said the governor

Many people have been trying to do the right thing by wearing face coverings to halt the spread of coronavirus

According to New York State Senate documents, his Assembly Bill A416 has been officially read once and already referred to the Committee on Health.

In it, Mr Perry vies to "amend the public health law in relation to the removal of cases, contacts and carriers of communicable diseases who are potentially dangerous to the public health."

If given the green light, permission would be granted to the state's governor to order the removal and/or detention of any person suspected of carrying a contagious disease.

That person would be “detained in a medical facility or other appropriate facility or premises designated by the governor", including those battling coronavirus.

'PRIVACY VIOLATION'

However, Cody Anderson, chair of the Libertarian Party of New York, mocked the legal push, and urged lawmakers to reject it.

The party points out in a statement that the proposed bill specifies no timeframe, location or criteria to end any detention of a sick person.

Instead, the vague wording means it would be left "to the discretion of the governor".

Mr Anderson said: “Let’s put aside for a moment the egregious privacy violation in issuing an order announcing an individual to be a health risk.

“This bill offers a clear and direct path to unconstitutional and indefinite detainment, on the governor’s sole authority.

"No US state was ever meant to have a single person acting as judge and jury, without checks or balances.

"If this bill is allowed to pass, that is exactly what New York will have.”

Democrat Nick Perry is keen for the bill to be enshrined in law

The New York State Assemblyman issued a statement after being mocked

The New York State Assemblyman issued a statement after being mocked

He warned also: “We once again demand that legislative leaders be principled when they claim 'My body, my choice' – they must not pick and choose.”

But Assemblyman Nick Perry tweeted that he was "open to amendments" after being subjected to 'racial' taunts, and 'threats' in the wake of publicity over his bill.

He said on Twitter that the bill was "initially introduced to address public health concerns related to the containment of the Ebola virus after it was discovered that Ebola-infected persons had entered the US.

"There is no intent, no plan, or provisions in my bill to take away, or violate any rights or liberties that all Americans are entitled to under our constitution, either state or federal."

The Democrat urged people to "read the bill carefully, and not accept grossly misinformed and misrepresented interpretations of this bill, even though some provisions may be applicable to the current Covid-19 pandemic.

"Bear in mind also that the Ebola virus raged through many African countries before it was contained, and meant almost certain death to anyone who contracted the virus.

New York has become the fourth state to pass one million total Covid cases

Gov Cuomo said that 138 more New Yorkers have died from Covid

"I am convinced that most smart Americans, faced with the deadly consequences of having a person who is a carrier of a very deadly virus roaming freely through any community, would support public action to contain such a person from contaminating and potentially bringing certain death to persons they have contact with.

"The bill hasn't been pushed for passage because the Ebola threat was ended thanks to a vaccine.

"However, many learned scientists believe that the likelihood of such a deadly pandemic is still real.

"And somewhere in the future there may be the need for people to be protected from a person or persons carrying a very deadly and transmittable virus.

"This bill is designed to ensure that our government could lawfully act to protect all the people."

What does the New York State Assembly Bill A416 say?

The long-winded bill has been read once and referred to the Committee on Health.

It reads: "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 delegee, 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, identifying 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 appropriate facility or premises designated by the governor or his or her delegee."

https://www.thesun.co.uk/news/13638708/ ... ease-bill/