NY State Senate Bill 2009-S2072

Senate Bill S2072

Signed By Governor

2009-2010 Legislative Session

Authorizes any clergy licensed by the state to visit correctional facilities

download bill text pdf

Archive: Last Bill Status Via A606 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 11, 2009	signed chap.291
Jul 31, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate
Jun 04, 2009	3rd reading cal.517 substituted for s2072a
Jun 04, 2009	substituted by a606a
Jun 03, 2009	advanced to third reading
Jun 02, 2009	2nd report cal.
Jun 01, 2009	1st report cal.517
May 21, 2009	print number 2072a
May 21, 2009	amend (t) and recommit to crime victims, crime and correction
Feb 11, 2009	referred to crime victims, crime and correction

Votes

- Jul 16, 2009 - Floor Vote
  A606
  
  57
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (1)
      
      Lanza
      
      excused (4)
      
      Diaz
      
      Johnson
      
      Kruger
      
      Squadron

Bill Amendments

Original

A (Active)

2009-S2072 - Details

2009-S2072 - Summary

Authorizes any clergyman of congregations in the county in which local correctional facilities are located to visit inmates; currently requires ministers to have charge of a congregation in the town in which the institution is located.

2009-S2072 - Sponsor Memo

                                 BILL NUMBER:  S2072

 TITLE OF BILL :
An act to amend the correction law, in relation to authorizing any
clergy licensed by the state to visit correctional facilities

 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill would include, within the provisions of
authorization, access by all licensed clergy of the state to
correctional facilities of the state. Authorization to visit
incarcerated persons is not now extended to all members of the clergy
licensed in the state; such access is limited to only those ministers
wherein the correctional facility is located.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill will entitle all members of clergy licensed by or in New
York to obtain authorization to visit inmates incarcerated in state
correctional facilities.

Section 146 provides that the following persons shall be authorized to
visit at pleasure all correctional facilities: the governor and
lieutenant-governor, commissioner of general services, secretary of
state, comptroller and attorney general, members of the commission of
correction, members of the legislature, judges of the court of
appeals, supreme court and county judges, district attorneys, and
every minister of the gospel having charge of a congregation in the

town wherein any such facility is situated.

The amendment to section 146 would expand visitation eligibility and
rights of licensed clergy members and those persons incarcerated in a
state correctional facility to include visitation privileges to all
state-licensed ministry of the various religious denominations.
Provisions of this section and authorization are not applicable to any
designated areas or portions of a correctional facility in which
inmates under sentence of death are confined.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
The legislative intent of this initiative is to create the option for
persons incarcerated to receive religious services, spiritual advice,
to maintain a ministry of their faith and obtain personal counseling
from licensed clergy - other than those available virtually or merely
because of the geographical location of the correctional facility.

 JUSTIFICATION :
Persons who have been incarcerated should be allowed to participate in
and practice their known spiritual faith. Inmates should have the
option to exercise their religious beliefs and have the personal
choice of being ministered to by religious clergy from their own
community or congregation, rather than being forced or limited to
receiving spiritual advice or counseling from clergy who just happen
to reside within the boundaries of the prison. Incarcerated persons,
feeling ill at ease, are less likely to work toward recovery and
rehabilitation without the guidance of trusted and familiar
ministries. Also, if an inmate is relocated to another facility for
various reasons, this bill logically enables them to retain the
spiritual connection of members of the clergy with whom they are most
composed. Licensed members of clergy from the inmates home community
are presently excluded from offering counseling or ministerial
services merely because of geographical location. This legislative
initiative would allow licensed clergy in New York state to maintain
personal contact and continue ministerial services to members of their
faith who have unfortunately become incarcerated.

 PRIOR LEGISLATIVE HISTORY :
2003-04: S.644/A.1583 - Referred to Crime Victims, Crime and
Correction
2001-02: S.7749/A.11177 - Referred to Rules

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
Immediately.

2009-S2072 - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S2072A (ACTIVE) - Details

2009-S2072A (ACTIVE) - Summary

2009-S2072A (ACTIVE) - Sponsor Memo

2009-S2072A (ACTIVE) - Bill Text download pdf

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

                                 2072--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sens.  HUNTLEY, ADAMS, KRUEGER, PARKER, SAMPSON, SAVINO,
  STAVISKY -- read twice and ordered printed, and  when  printed  to  be
  committed  to  the Committee on Crime Victims, Crime and Correction --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  correction  law, in relation to persons who are
  authorized to visit correctional facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section 146 of the correction law, as
amended by section 3 of part E of chapter 56 of the  laws  of  2005,  is
amended to read as follows:
  1.  The following persons shall be authorized to visit at pleasure all
correctional facilities: The governor and  lieutenant-governor,  commis-
sioner  of  general services, secretary of state, comptroller and attor-
ney-general, members of the commission of  correction,  members  of  the
legislature,  judges  of  the court of appeals, supreme court and county
judges, district attorneys and  every  CLERGYMAN  OR  minister  [of  the
gospel],  AS  SUCH  TERMS  ARE  DEFINED  IN SECTION TWO OF THE RELIGIOUS
CORPORATIONS LAW, having charge of a congregation in the  [town]  COUNTY
wherein  any  such  facility  is situated. No other person not otherwise
authorized by law shall be permitted to enter  a  correctional  facility
except  by  authority of the commissioner of correction under such regu-
lations as the commissioner shall  prescribe.  The  provisions  of  this
section  shall  not  apply to such portion of a correctional facility in
which inmates under sentence of death are confined.
  S 2. Section 500-j of the correction law, as amended by chapter 508 of
the laws of 1991, is amended to read as follows:
  S 500-j. Who may  visit  [jails  and  workhouses]  LOCAL  CORRECTIONAL
FACILITIES.  The  following  persons  may  visit at pleasure all [county
jails and workhouses] LOCAL CORRECTIONAL FACILITIES:   The governor  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02669-02-9

S. 2072--A                          2

lieutenant-governor, secretary of state, comptroller and attorney-gener-
al, members of the legislature, judges of the court of appeals, justices
of  the  supreme  court  and county judges, district attorneys and every
CLERGYMAN  OR  minister  [of  the  gospel], AS SUCH TERMS ARE DEFINED IN
SECTION TWO OF THE  RELIGIOUS  CORPORATIONS  LAW,  having  charge  of  a
congregation  in  the  [town]  COUNTY  in which such [jail or workhouse]
FACILITY is located. No other person not  otherwise  authorized  by  law
shall  be  permitted  to enter the rooms of a [county jail or workhouse]
LOCAL CORRECTIONAL FACILITY in which convicts are confined, unless under
such regulations as the sheriff of the county, or in counties within the
city of New York, the commissioner of correction of such city, or in the
county of Westchester, the commissioner of  correction  of  such  county
shall prescribe.
  S 3. This act shall take effect immediately.

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Senate Bill S2072

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Sponsored By

Shirley L. Huntley