S T A T E   O F   N E W   Y O R K
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                                  3494

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law, in relation to adequate staffing  at
  correctional facilities

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

  Section 1. Section 112 of the correction law, as  amended  by  chapter
476 of the laws of 1970, is amended to read as follows:
  S  112.  Powers  and  duties of commissioner of correction relating to
correctional facilities. 1. The commissioner [of correction] shall  have
the  superintendence, management and control of the correctional facili-
ties in the department and of the inmates confined therein, and  of  all
matters  relating to the government, discipline, policing, contracts and
fiscal concerns thereof. HE OR SHE  SHALL  HAVE  THE  RESPONSIBILITY  TO
ENSURE  THAT  ADEQUATE  STAFFING  EXISTS  AT EVERY CORRECTIONAL FACILITY
PURSUANT TO SUBDIVISION TWO OF THIS SECTION. He OR SHE  shall  have  the
power  and  it  shall  be  his  OR  HER duty to inquire into all matters
connected with said correctional facilities.  He OR SHE shall make  such
rules  and regulations, not in conflict with the statutes of this state,
for the government of the officers and other employees of the department
assigned to said facilities, and in regard to the duties to be performed
by them, and for the government  and  discipline  of  each  correctional
facility,  as  he OR SHE may deem proper, and shall cause such rules and
regulations to be recorded by the superintendent of the facility, and  a
copy  thereof to be furnished to each employee assigned to the facility.
He OR SHE shall also prescribe a system of accounts and  records  to  be
kept at each correctional facility, which system shall be uniform at all
of  said facilities, and he OR SHE shall also make rules and regulations
for a record of photographs and other means of identifying  each  inmate
received  into  said  facilities.  He  OR  SHE shall appoint and remove,
subject to the civil service law and  rules,  subordinate  officers  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04173-02-9
              

A. 3494                             2

other  employees  of  the  department  who  are assigned to correctional
facilities.
  2.  THE COMMISSIONER SHALL ESTABLISH A STAFFING PLAN FOR ALL UNIFORMED
AND NON-UNIFORMED EMPLOYEES. WITH REGARD TO UNIFORMED STAFF, THE COMMIS-
SIONER SHALL ESTABLISH A STAFFING PLAN WHICH SHALL INCLUDE, BUT  NOT  BE
LIMITED TO, THE FOLLOWING FACTORS:
  (A)  THE  NUMBER  OF  TOTAL  SECURITY  POSTS  THAT  MUST BE STAFFED BY
CORRECTION OFFICERS AND CORRECTIONAL SERGEANTS BY CORRECTIONAL FACILITY.
THESE POSTS SHALL BE DELINEATED BY THOSE THAT ARE  NECESSARY  FIVE  DAYS
PER WEEK AND SEVEN DAYS PER WEEK.
  (B) THE STAFFING PLAN SHALL REQUIRE THAT EVERY POST BE STAFFED USING A
RATIO  OF  1.75 CORRECTION OFFICERS FOR EVERY SEVEN DAY POST AND A RATIO
OF 1.25 CORRECTION OFFICERS FOR EACH FIVE DAY POST.
  (C) THE COMMISSIONER SHALL PROVIDE A COPY OF SUCH STAFFING PLAN TO THE
CHAIRS  OF  THE  SENATE  FINANCE,  SENATE  CRIME  VICTIMS,   CRIME   AND
CORRECTION,  ASSEMBLY  WAYS AND MEANS AND ASSEMBLY CORRECTION COMMITTEES
BY DECEMBER THIRTY-FIRST OF EACH YEAR. SUCH REPORT  SHALL  ALSO  PROVIDE
DETAILED  INFORMATION  REGARDING  HOW  THE STAFFING PLAN WAS IMPLEMENTED
DURING THE CURRENT FISCAL YEAR. THIS INFORMATION SHALL INCLUDE:
  (I) THE NUMBER OF CORRECTION OFFICERS AND  SERGEANTS  BY  CORRECTIONAL
FACILITY THAT THE STAFFING PLAN REQUIRED AS WELL AS THE ACTUAL NUMBER OF
CORRECTION  OFFICERS  AND  SERGEANTS THAT WERE AVAILABLE BY CORRECTIONAL
FACILITY DURING THE CURRENT FISCAL YEAR. IN  THE  EVENT  THE  DEPARTMENT
DEVIATED  FROM THE STAFFING PLAN, THE COMMISSIONER SHALL PROVIDE DETAILS
ON WHY THE STAFFING PLAN WAS NOT IMPLEMENTED  AS  REQUIRED  PURSUANT  TO
THIS SECTION;
  (II) THE NUMBER OF POSTS INCLUDED IN THE STAFFING PLAN FOR EACH FACIL-
ITY  THAT  HAVE  BEEN  CLOSED ON A DAILY BASIS, BY CORRECTIONAL FACILITY
SECURITY CLASSIFICATION (MINIMUM, MEDIUM AND MAXIMUM);
  (III) THE NUMBER OF SECURITY POSITIONS NOT  FILLED  AND  THOSE  ELIMI-
NATED,  BY  CORRECTIONAL FACILITY SINCE TWO THOUSAND ONE COMPARED TO THE
NUMBER OF INMATES INCARCERATED IN EACH SUCH FACILITY; AND
  (IV) A BREAKDOWN  BY  CORRECTIONAL  FACILITY  SECURITY  CLASSIFICATION
(MINIMUM, MEDIUM, AND MAXIMUM) OF THE STAFF HOURS OF OVERTIME WORKED, BY
YEAR  SINCE  TWO  THOUSAND ONE AND THE ANNUAL AGGREGATE COSTS RELATED TO
THIS OVERTIME. IN ADDITION, SUCH REPORT SHALL BE DELINEATED  BY  CORREC-
TIONAL  FACILITY  SECURITY CLASSIFICATION, THE ANNUAL NUMBER OF SECURITY
POSITIONS ELIMINATED, THE NUMBER OF CLOSED POSTS  AND  AMOUNT  OF  STAFF
HOURS  OF  OVERTIME ACCRUED AS WELL AS THE OVERALL OVERTIME EXPENDITURES
THAT RESULTED.
  3. The commissioner [of  correction]  may  require  reports  from  the
superintendent  or  any  other  officer  or  employee  of the department
assigned to any correctional facility in relation to his OR HER  conduct
as  such  officer  or employee, and shall have the power to inquire into
any improper conduct which may be alleged to have been committed by  any
person  at  any  correctional  facility,  and  for that purpose to issue
subpoenas to compel the attendance  of  witnesses,  and  the  production
before him OR HER of books, writings and papers. A subpoena issued under
this section shall be regulated by the civil practice law and rules. The
commissioner  [of  correction]  is authorized and empowered to lease the
railroad, constructed under and by the authority of the laws of eighteen
hundred [and] seventy-eight, chapter one hundred [and] forty-eight,  for
such  term  of  years  and  upon  such  terms and conditions as shall be
approved of, in writing, by the governor and comptroller of this state.
  S 2. This act shall take effect immediately; provided,  however,  that
effective immediately, the addition, amendment and/or repeal of any rule

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or regulation necessary for the implementation of this act on its effec-
tive  date  is  authorized  and  directed to be made and completed on or
before such effective date.