NY State Assembly Bill 2017-A4064B

Archive: Last Bill Status - In Assembly Committee

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
Jan 03, 2018	referred to correction
Mar 31, 2017	print number 4064b
Mar 31, 2017	amend and recommit to correction
Mar 06, 2017	print number 4064a
Mar 06, 2017	amend and recommit to correction
Feb 01, 2017	referred to correction

Bill Amendments

Original

B (Active)

2017-A4064 - Details

See Senate Version of this Bill:: S2949
Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd §112, Cor L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4966
2015-2016: S1833
2019-2020: A1623, S1382
2021-2022: A876

2017-A4064 - Summary

Requires the commissioner of corrections and community supervision to establish a staffing plan for all uniformed and non-uniformed employees; further requires adequate staffing at correctional facilities.

2017-A4064 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4064
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by M. of A. JONES -- 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:
   §  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  THREE  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.

                                                            LBD05026-02-7

 A. 4064                             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. 4064                             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.
   § 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.

co-Sponsors

View additional co-sponsors

2017-A4064A - Details

See Senate Version of this Bill:: S2949
Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd §112, Cor L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4966
2015-2016: S1833
2019-2020: A1623, S1382
2021-2022: A876

2017-A4064A - Summary

2017-A4064A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4064--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred to the Committee
   on Correction -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 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:
   §  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  THREE  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05026-03-7

 A. 4064--A                          2
 
 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 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.  NOTHING IN THIS
 SUBDIVISION SHALL BE DEEMED TO AUTHORIZE A REDUCTION  IN  THE  RATIO  OF
 OFFICERS  IN  FACILITIES WHICH ALREADY MAINTAIN A RATIO OF AT LEAST 1.75
 OFFICERS AND 1.25 OFFICERS FOR SEVEN  DAY  POSTS  AND  FIVE  DAY  POSTS,
 RESPECTIVELY.
   (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

 A. 4064--A                          3
 
   (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.
   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.
   §  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 are authorized and directed to be made  and  completed  on  or
 before such effective date.

co-Sponsors

View additional co-sponsors

2017-A4064B (ACTIVE) - Details

See Senate Version of this Bill:: S2949
Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd §112, Cor L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4966
2015-2016: S1833
2019-2020: A1623, S1382
2021-2022: A876

2017-A4064B (ACTIVE) - Summary

2017-A4064B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4064--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by  M. of A. JONES, GOTTFRIED, JENNE, BLAKE, GUNTHER, ORTIZ,
   McDONALD, HARRIS, WALTER, MONTESANO, DiPIETRO, COOK -- read  once  and
   referred  to the Committee on Correction -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended and recommitted to said committee
 
 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:
   §  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  THREE  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05026-06-7

 A. 4064--B                          2
 
 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 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 AT LEAST 1.75 CORRECTION OFFICERS FOR EVERY SEVEN DAY POST  AND
 A  RATIO  OF  AT  LEAST 1.25 CORRECTION OFFICERS FOR EACH FIVE DAY POST.
 NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE A REDUCTION  IN
 THE RATIO OF OFFICERS IN FACILITIES WHICH ALREADY MAINTAIN A RATIO OF AT
 LEAST  1.75 OFFICERS AND 1.25 OFFICERS FOR SEVEN DAY POSTS AND FIVE DAYS
 POSTS, RESPECTIVELY.
   (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);

 A. 4064--B                          3
 
   (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.
   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.
   § 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.

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Assembly Bill A4064B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2017-A4064 - Details

2017-A4064 - Summary

2017-A4064 - Bill Text download pdf

co-Sponsors

2017-A4064A - Details

2017-A4064A - Summary

2017-A4064A - Bill Text download pdf

co-Sponsors

2017-A4064B (ACTIVE) - Details

2017-A4064B (ACTIVE) - Summary

2017-A4064B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A4064B

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Sponsored By

JONES

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2017-A4064 - Details

2017-A4064 - Summary

2017-A4064 - Bill Text download pdf

co-Sponsors

Richard Gottfried

Addie Jenne

Michael Blake

Aileen Gunther

2017-A4064A - Details

2017-A4064A - Summary

2017-A4064A - Bill Text download pdf

co-Sponsors

Richard Gottfried

Addie Jenne

Michael Blake

Aileen Gunther

2017-A4064B (ACTIVE) - Details

2017-A4064B (ACTIVE) - Summary

2017-A4064B (ACTIVE) - Bill Text download pdf

Comments