S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10194
 
                           I N  A S S E M B L Y
 
                              March 24, 2020
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Correction
 
 AN  ACT  to  amend  the  correction  law,  in relation to permitting the
   correctional association to access, visit, inspect,  and  examine  all
   state correctional facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2 of the correction law is amended by adding a  new
 subdivision 32 to read as follows:
   32.  "CORRECTIONAL  ASSOCIATION" MEANS THE CORRECTIONAL ASSOCIATION OF
 NEW YORK, DULY INCORPORATED BY CHAPTER  SIX  OF  THE  LAWS  OF  EIGHTEEN
 FORTY-SIX, AND ANY OF ITS EMPLOYEES, BOARD MEMBERS, AND DESIGNEES.
   §  2.  Section  146  of  the correction law is amended by adding a new
 subdivision 3 to read as follows:
   3. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  THE
 CORRECTIONAL ASSOCIATION SHALL BE PERMITTED, AT ITS PLEASURE, TO ACCESS,
 VISIT,  INSPECT,  AND  EXAMINE ALL STATE CORRECTIONAL FACILITIES WITHOUT
 ADVANCE NOTICE TO THE DEPARTMENT. UP TO TWELVE PEOPLE MAY  COMPRISE  THE
 CORRECTIONAL ASSOCIATION VISITING PARTY. EXCEPT FOR DOCUMENTS OR RECORDS
 CREATED  ABOUT  EMPLOYEES  OF  THE  DEPARTMENT SOLELY FOR SUPERVISORY OR
 DISCIPLINARY PURPOSES,  THE  CORRECTIONAL  ASSOCIATION  SHALL  BE  GIVEN
 UNFETTERED ACCESS TO ALL PAPER, ELECTRONIC, AND DIGITAL RECORDS, INCLUD-
 ING BUT NOT LIMITED TO DOCUMENTS, PAPERS, LOGBOOKS, EMAILS, BOOKS, DATA,
 VIDEO  AND  AUDIO RECORDINGS, POLICIES, AND PROCEDURES PERTAINING TO THE
 MANAGEMENT, CONDITION, ISSUES OR OPERATION  OF  ANY  STATE  CORRECTIONAL
 FACILITY,  INCLUDING  THE INDIVIDUAL RECORDS OF INCARCERATED INDIVIDUALS
 THAT ARE NOT OTHERWISE CONFIDENTIAL UNDER  THE  MENTAL  HYGIENE  LAW  OR
 FEDERAL  LAW.  THE  DEPARTMENT MAY NOT PLACE RESTRICTIONS ON SUCH VISITS
 AND INSPECTIONS, INCLUDING DURING PERIODS  WHEN  FACILITIES  ARE  LOCKED
 DOWN,  ALTHOUGH  THEY  MAY RESTRICT ACCESS TO A PORTION OF A FACILITY IN
 EMERGENCY SITUATIONS FOR THE DURATION OF THE EMERGENCY.
   B. UPON TWENTY-FOUR HOURS ADVANCE NOTICE, AT THE COMMENCEMENT  OF  ANY
 VISITS TO, OR INSPECTIONS AND EXAMINATIONS OF, STATE CORRECTIONAL FACIL-
 ITIES,  THE  SUPERINTENDENT  AND EXECUTIVE TEAM, TO THE EXTENT POSSIBLE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15807-01-0

 A. 10194                            2
 
 SHALL MEET WITH THE CORRECTIONAL  ASSOCIATION.  UPON  TWENTY-FOUR  HOURS
 ADVANCE NOTICE, THE CORRECTIONAL ASSOCIATION MAY MEET PRIVATELY WITH THE
 INMATE  LIAISON  COMMITTEE  AND  REPRESENTATIVES OF THE INMATE GRIEVANCE
 RESOLUTION COMMITTEE OR ANY OTHER INMATE ORGANIZATION OF ITS CHOOSING.
   C.  DURING  THE  COURSE  OF ANY SUCH VISIT, INSPECTION OR EXAMINATION,
 UPON CONSENT OF THE PERSON BEING INTERVIEWED, THE  CORRECTIONAL  ASSOCI-
 ATION  SHALL HAVE THE POWER TO INTERVIEW AND CONVERSE PUBLICLY OR CONFI-
 DENTIALLY WITH ANY CORRECTIONAL EMPLOYEE, ANY  INCARCERATED  INDIVIDUAL,
 AND  ANY OTHER PERSON PROVIDING SERVICES IN A STATE CORRECTIONAL FACILI-
 TY, WHETHER OR NOT EMPLOYED BY SUCH FACILITY. SUCH INTERVIEWS SHALL  NOT
 BE  RESTRICTED  BY THE DEPARTMENT OR ATTENDED BY ANYONE ON BEHALF OF THE
 DEPARTMENT NOR SHALL THERE BE ANY RETALIATION OR ADVERSE ACTION TAKEN BY
 THE DEPARTMENT OR OTHER STATE AGENCY AGAINST ANYONE WHO AGREES TO  SPEAK
 WITH  THE  CORRECTIONAL  ASSOCIATION.  THE  DEPARTMENT MAY NOT LIMIT THE
 NUMBER OF INDIVIDUALS THE CORRECTIONAL ASSOCIATION MAY INTERVIEW OR  THE
 DURATION  OF THE INTERVIEWS. THE CORRECTIONAL ASSOCIATION SHALL HAVE THE
 POWER TO CONDUCT PRIVATE, CONFIDENTIAL MEETINGS AT  THEIR  PLEASURE  AND
 WITHOUT  NOTICE  TO  THE  DEPARTMENT WITH INCARCERATED PEOPLE IN HOUSING
 UNITS AND IN ATTORNEY VISITING ROOMS OR OTHER ROOMS IN THE  FACILITY  IN
 WHICH  THEIR  CONVERSATIONS  WILL  REMAIN  CONFIDENTIAL.  NO  DEPARTMENT
 EMPLOYEE MAY ATTEND OR LISTEN TO ANY SUCH MEETING WITHOUT THE CONSENT OF
 THE CORRECTIONAL ASSOCIATION.
   D. THE CORRECTIONAL ASSOCIATION MAY AT  ANY  TIME  REQUEST  AND  SHALL
 PROMPTLY RECEIVE FROM THE DEPARTMENT OR ANY OTHER AGENCY OF THE STATE OR
 PUBLIC  AUTHORITY  SUCH PAPER, ELECTRONIC, AND DIGITAL RECORDS INCLUDING
 BUT NOT LIMITED TO ANY AND ALL DOCUMENTS, PAPERS, LOGBOOKS, BOOKS, DATA,
 VIDEO, AUDIO, POLICIES, PROCEDURES, DIRECTIVES AND EMAILS RELATED TO THE
 MANAGEMENT, CONDITIONS OF CONFINEMENT AND  TREATMENT  OF  PERSONS  UNDER
 CUSTODY, ISSUES OR OPERATION OF ANY STATE CORRECTIONAL FACILITY, INCLUD-
 ING  POLICIES,  PRACTICES  AND PROCEDURES RELATING TO STAFF TRAINING AND
 RECRUITMENT, SO AS TO ENABLE THE CORRECTIONAL ASSOCIATION TO  CARRY  OUT
 ITS  MISSION  AND  DUTIES,  REGARDLESS  OF WHETHER SUCH REQUESTED PAPER,
 ELECTRONIC, AND DIGITAL RECORDS COULD HAVE BEEN WITHHELD  UNDER  ARTICLE
 SIX  OF THE PUBLIC OFFICERS LAW. ANY SUCH PAPER, ELECTRONIC, AND DIGITAL
 RECORDS PROVIDED TO THE CORRECTIONAL ASSOCIATION BY THE DEPARTMENT  DOES
 NOT  CONSTITUTE  A  WAIVER OF ANY CONFIDENTIALITY OR PRIVILEGE REGARDING
 SUCH RECORDS. THE CORRECTIONAL ASSOCIATION SHALL  NOT  BE  COMPELLED  TO
 TESTIFY OR RELEASE RECORDS THAT ARE OTHERWISE EXEMPT FROM PUBLIC DISCLO-
 SURE,  INCLUDING  IDENTIFYING  INFORMATION  OR  CORRESPONDENCE  WITH ANY
 PERSON, WITHOUT A COURT ORDER UNLESS THAT PERSON CONSENTS IN WRITING  TO
 THE RELEASE OF SUCH INFORMATION.
   E.  THE CORRECTIONAL ASSOCIATION SHALL PERIODICALLY, BUT NOT LESS THAN
 EVERY FIVE YEARS, CONDUCT INSPECTIONS OF EACH STATE CORRECTIONAL FACILI-
 TY AND SHALL ISSUE REPORTS AND  RECOMMENDATIONS  TO  THE  GOVERNOR,  THE
 LEGISLATURE  AND THE PUBLIC ABOUT THE CONDITIONS AND ISSUES AT EACH SUCH
 FACILITY. THE DEPARTMENT SHALL ISSUE A TIMELY RESPONSE TO  SAID  REPORTS
 AND  INCLUDE EXPLANATIONS OF ANY ACTIONS THAT HAVE BEEN OR WILL BE TAKEN
 TO ADDRESS THE ISSUES RAISED THEREIN.
   F. THE CORRECTIONAL ASSOCIATION MAY SEND SURVEYS OR QUESTIONNAIRES  TO
 PEOPLE IN CUSTODY CONCERNING CONDITIONS OF CONFINEMENT OR OTHER SUBJECTS
 WITHIN  THEIR  MISSION  WITHOUT  PRIOR  APPROVAL  OF THE DEPARTMENT. THE
 DEPARTMENT SHALL DISTRIBUTE SUCH SURVEYS WHEN REQUESTED BY  THE  CORREC-
 TIONAL  ASSOCIATION. THE CORRECTIONAL ASSOCIATION MAY ALSO RECEIVE PHONE
 CALLS FROM INCARCERATED INDIVIDUALS AND/OR SET UP  A  HOTLINE  FOR  SUCH
 INDIVIDUALS TO CONTACT THEM.

 A. 10194                            3
 
   G.  IN ANY CASE WHERE THE DEPARTMENT OR AN EMPLOYEE THEREOF SHALL FAIL
 TO COMPLY WITH THE PROVISIONS  OF  THIS  SUBDIVISION,  THE  CORRECTIONAL
 ASSOCIATION  MAY APPLY TO THE SUPREME COURT FOR AN ORDER DIRECTED TO THE
 DEPARTMENT OR SUCH EMPLOYEE OF THE DEPARTMENT REQUIRING COMPLIANCE THER-
 EWITH.  UPON  SUCH APPLICATION, THE COURT MAY ISSUE SUCH ORDER AS MAY BE
 JUST AND A FAILURE TO COMPLY WITH THE ORDER OF  THE  COURT  SHALL  BE  A
 CONTEMPT  OF  COURT  AND BE PUNISHABLE AS SUCH; ANY ACTION OR PROCEEDING
 COMMENCED BY THE CORRECTIONAL ASSOCIATION PURSUANT TO  THIS  SUBDIVISION
 SHALL  HAVE  A  PREFERENCE  OVER  ALL  OTHER CASES, EXCEPT HABEAS CORPUS
 PROCEEDINGS, PENDING BEFORE THE COURT.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.