Senate Bill S4343

                                BILL NUMBER:S4343A

TITLE OF BILL:  An act to amend the correction law, in relation to the
organization of the citizen's policy and complaint review council

PURPOSE:

This bill would amend the correction law to update the membership of
the Citizen's Policy and Complaint Review Council ("CPCRC" or
"Council").

SUMMARY OF PROVISIONS:

Section one of the bill would amend Correction Law § 42(a)(1) to
update the membership of the CPCRC by: (1) allowing a veteran of any
foreign war, conflict, or military occupation to serve on the Council;
and (2) requiring a licensed health care professional to serve on the
Council.

Section two of the bill provides that the bill would take effect
immediately.

EXISTING LAW:

Correction Law § 42(a)(1) creates the CPCRC within the State
Commission of Correction ("SCOC" or "Commission"). This is a
              

nine-member council, which is required to meet at least once per
month, and whose members serve without compensation (except for
reimbursement for their actual and necessary expenses in performing
their duties). The Council is responsible for reviewing and
investigating complaints and grievances filed by inmates of local
jails, assisting SCOC in policy development to improve SCOC's
performance, and promoting research and study of correctional program
development.

Under current law, the nine members of the Council must include: (1) a
veteran who served in Indochina between January 1, 1963 and May 7,
1975 who was discharged under other than dishonorable condition, or a
licensed mental health professional with experience or training in
post-traumatic stress syndrome; (2) an attorney admitted in the State
of New York; (3) a former inmate of a correctional facility; (4) a
former correctional officer; (5) a former resident of a Division for
Youth secure center; and (6) a former employee of a Division for Youth
secure center; and three other persons appointed by the Governor.

LEGISLATIVE HISTORY:

New bill.

STATEMENT IN SUPPORT:

The Commission has had difficulty recruiting two of the categories of
members, a Vietnam era veteran and a former resident of a Division for
Youth secure center, who are mandated to be represented on the
Council. As a result, when a vacancy occurs, these seats often go
unfulfilled for extended periods of time.


With respect to a Vietnam era veteran, it is SCOC's experience that
these veterans are of an age when many are retiring and either
relocating from the area or unwilling or unable to take time away from
their families and devote it to the work of the Council.  Nonetheless,
the Commission believes that it is important to have a veteran on the
Council. This bill, therefore, would expand the pool of eligible
veterans to serve on the Council by requiring a veteran of any foreign
war, Conflict, or military occupation to serve on the Council. This
would have the positive effect of retaining the possibility of having
a council member with experience in or familiarity with post-traumatic
stress disorder on the Council.

With respect to former residents of Division for Youth secure centers,
the Commission has had difficulty identifying persons who meet this
qualification because the fact that a person was a resident of such a
center is a confidential and privacy protected matter. This bill
allows this spot to be filled by either a licensed health care
professional or a former resident of a Division for Youth secure
center. This will be a valuable resource to the Council because it has
experienced a significant increase in the number of health and mental
health care related inmate grievances. Having a health care
professional on the Council will not place council members in the
difficult position of questioning the actions of a facility health
care official without the benefit of qualified advice.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This bill would take effect immediately.