BILL NUMBER:S1085

TITLE OF BILL:

An act to amend the correction law, in relation to requiring
legislative approval for the closure of correctional facilities and
institutions

PURPOSE OR GENERAL IDEA OF BILL:

This bill would require legislative approval in the proposed closure
of correctional facilities and institutions across the State of New
York.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds new Section 30 to the Correction Law which would
require the New York State Department of Corrections and Community
Supervision to submit a report to the legislature 365 days prior to a
requested closing of a correctional facility or institution. The
Legislature or appropriate committees may approve the closure upon
review of the report. If the closure is not justified, the Legislature
will have the ability to deny the proposed closure by a majority vote
in both the Senate and the Assembly.

Section 2: Severability; allows any court of competent jurisdiction to
              

find this law invalid, in accordance with the State Constitution and
Statutes.

Section 3: The bill will take effect on the thirtieth day after it has
been signed into law.

JUSTIFICATION:

Ensuring the safety of the public must be the first priority of any
Government. Recently, the Governor closed Mount McGregor, a
Correctional Facility in the Town of Wilton, Saratoga County which
employed 320 people and housed over 450 inmates.

With the announcement of the closure, and three other facilities
across the state like it, no permanent plan had been created to
account for the parole or relocation of the inmates, as well as
transfers or retraining for current employees.

Government must be responsible and establish necessary plans for
current inmates and employees of these facilities instead of
arbitrarily "turning out the lights" on unsuspecting guards, prisoners
and communities.

We must not allow for the premature-parole of prisoners, which would
place our local communities in possible danger while disrupting the
financial security of employees of Mount McGregor. In rural regions of
Upstate New York, the Correctional Facilities play a vital role in the
local economy. These facilities employ many local residents who, not
only serve and protect our state, but comprise the community which
supports our schools, municipalities and local businesses.
Additionally, transparency and public debate are very important to a


free and open democracy. Allowing for legislative approval would allow
for the discussion of prison closures instead of the decision being
left to a few privileged bureaucrats.  These are just several reasons
why legislative approval of correctional facilities is necessary.

PRIOR LEGISLATIVE HISTORY:

S.5945 (2013-2014) referred to Crime Victims, Crime & Correction.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This Act shall take effect on the thirtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/ore
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 effective date.