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

                                  2459

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced by M. of A. O'DONNELL, 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 section 19
of  subpart A of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
  S 112. Powers and duties  of  commissioner  relating  to  correctional
facilities   and   community   supervision.   1.  The  commissioner  [of
corrections and community supervision] shall have  the  superintendence,
management  and control of the correctional facilities 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 facil-
ities.  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 super-
intendent 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04710-01-5
              

A. 2459                             2

or she shall appoint and remove, subject to the civil  service  law  and
rules,  subordinate  officers  and other employees of the department who
are assigned to correctional facilities.
  2.  The  commissioner shall have the management and control of persons
released on community supervision and of all matters  relating  to  such
persons'  effective reentry into the community, as well as all contracts
and fiscal concerns thereof. The commissioner shall have the  power  and
it  shall  be his or her duty to inquire into all matters connected with
said community supervision. The commissioner shall make such  rules  and
regulations,  not  in  conflict with the statutes of this state, for the
governance of  the  officers  and  other  employees  of  the  department
assigned  to  said community supervision, and in regard to the duties to
be performed by them, as he or she deems proper  and  shall  cause  such
rules  and  regulations  to  be  furnished  to each employee assigned to
perform community supervision. The commissioner shall also  prescribe  a
system  of  accounts and records to be kept, which shall be uniform. The
commissioner shall also make rules  and  regulations  for  a  record  of
photographs  and  other  means  of  identifying  each inmate released to
community supervision. The commissioner shall appoint officers and other
employees of the department who are assigned to perform community super-
vision.
  3. 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

A. 2459                             3

POSITIONS  ELIMINATED,  THE  NUMBER  OF CLOSED POSTS AND AMOUNT OF STAFF
HOURS OF OVERTIME ACCRUED AS WELL AS THE OVERALL  OVERTIME  EXPENDITURES
THAT RESULTED.
  4. The commissioner may require reports from the superintendent or any
other officer or employee of the department assigned to any correctional
facility  or  to perform community supervision 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 or in the course of his  or  her
performance  of  community  supervision,  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.
  [4.]  5. The commissioner and the chair of the parole board shall work
jointly to develop and implement, as soon as  practicable,  a  risk  and
needs  assessment  instrument or instruments, which shall be empirically
validated, that would be administered to inmates upon reception  into  a
correctional facility, and throughout their incarceration and release to
community supervision, to facilitate appropriate programming both during
an  inmate's  incarceration  and  community supervision, and designed to
facilitate the successful integration of inmates into the community.
  S 2. This act shall take effect immediately; provided,  however,  that
effective immediately, the addition, amendment and/or repeal of any rule
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.