The New York legislature has introduced a terrifying new bill that would give the governor the authority to physically detain “individuals or groups” that he deems dangerous or likely to spread a contagious disease such as the coronavirus.
As BizPac Review reports, the bill gives the authority to order detentions “in the opinion of the governor” if there’s “clear and convincing evidence that the health of others is or may be endangered by a … suspected case, contact or carrier of a contagious disease.”
If such a situation exists, the governor can communicate with “heads of local health departments” to have the person detained with “a single order” for an extensive amount of time.
Those detained by the governor’s order will “be detained in a medical facility or other appropriate facility or premises designated by the governor or his or her delegee.”
A person can then be detained for weeks.
“When a person or group is ordered to be detained … 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,” the bill reads via the report.
BizPac Review adds:
If a court doesn’t intervene, the apparent suspects will eventually have to be released within five days of requesting release. But if a court doesn’t intervene and the apparent suspects don’t request release, they can only be held for a total of 60 days.
If, on the other hand, a court does approve the detention, the governor doesn’t need to “seek further court review of such detention” for a total of 90 days.
Given court approval, the detention would continue indefinitely until the governor “[d]etermines, with the exercise of due diligence,” that the suspects are no longer contagious.
View part of the bill in the tweet below:
— Disclose.tv 🚨 (@disclosetv) January 2, 2021
Also, as BizPac Review points out, the bill does not specifically mention the coronavirus pandemic. So, the new authority—if approved—would allow the governor to detain residents under any contagious disease or similar situation.