NY State Senate Bill 2019-S5751

Senate Bill S5751

2019-2020 Legislative Session

Establishes a temporary state commission to study and make recommendations on violence in state correctional facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2020	reported and committed to finance
Jan 08, 2020	referred to crime victims, crime and correction
May 14, 2019	referred to crime victims, crime and correction

Votes

- Jan 21, 2020 - Crime Victims, Crime And Correction Committee Vote
  S5751
  
  6
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Jan 21, 2020
      
      aye (6)
      
      Akshar
      
      Bailey
      
      Montgomery
      
      Myrie
      
      Rivera
      
      Sepúlveda
      
      nay (1)
      
      Gallivan

2019-S5751 (ACTIVE) - Details

See Assembly Version of this Bill:: A8209
Current Committee:: Senate Finance
Law Section:: Correctional Services
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2775, A7588
2023-2024: S1923, A6486

2019-S5751 (ACTIVE) - Summary

Establishes a temporary state commission to study and make recommendations on violence in state correctional facilities including the causes and consequences of such violence with a particular emphasis on changes in levels of violence and the causes of those changes.

2019-S5751 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5751

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act establishing a temporary state commission to
study and make recommendations on violence in state correctional facili-
ties; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a multidisciplinary committee to exam the causes of, and
possible remedies for, violence in our state prison system.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 creates a temporary commission to study prison violence.

Section 2 provides for the appointment of commission members.

Section 3 clarifies that members shall not receive compensation but
shall receive necessary expenses.

Section 4 provides that members shall have unrestricted access to
correctional facilities and receive copies of documents.

Section 5 provides for a final report.

Section 6 is the effective date and the expiration date.

 
JUSTIFICATION:

The New York State Correctional Officer and Police Benevolent Associ-
ation (NYSCOPBA)reported an increase in violence in state correctional
facilities starting around 2013. Although the prison population has been
declining overall, assaults and unusual incidents have been increasing.
NYSCOPBA has speculated that the increase in violence may be due to
prison closures, and subsequent overcrowding of remaining facilities,
inadequate staffing, the higher proportion of people convicted of
violent offenses in the population, or changes in policy relating to the
use of SHU. News articles have noted a general increase in violence in
the country starting in 2013 due to the availability of cheap heroin on
the streets. DOCCS, while noting an increase in the rate of assault
incidents, has stated that few of them result in any injury to officers
or inmates and that most of them are not assaults under the criminal law
definition. Some people have suggested that the new generation coming
into prisons may have poor social skills, decreased ability to resolve
conflicts and be prone to violence because they grew up with video games
and cell phones rather than personal interactions.

This bill creates a temporary state commission with representation of
the unions, DOCCS and OMH, prisoner advocacy groups and John Jay College
of Criminal Justice to conduct a two-year study on the causes of
violence, and any increase in violence, in our state prison system and
to make recommendations to the governor and the legislature for changes
in practice and policy to address such violence.

 
PRIOR LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed two years after such date.

2019-S5751 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5751
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2019
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Crime Victims, Crime and
   Correction
 
 AN ACT establishing a temporary  state  commission  to  study  and  make
   recommendations  on  violence  in  state  correctional facilities; and
   providing for the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. A temporary state commission is hereby created to study and
 make  recommendations to the governor and the legislature concerning the
 causes and consequences of violence in  state  correctional  facilities.
 The  commission  will  place particular emphasis on changes in levels of
 violence and the causes of those changes, but will not be restricted  to
 those topics.
   §  2.  a.  The  commission  shall  consist  of  fourteen members to be
 appointed as follows:
   (i) the commissioner of the department of  correctional  services  and
 community  supervision  or his or her designee, who shall serve as chair
 of the commission;
   (ii) the commissioner of the office of mental health  or  his  or  her
 designee;
   (iii) the president of the union representing correctional officers or
 his or her designee;
   (iv)  the president of the union representing correctional lieutenants
 or his or her designee;
   (v) the president of the union representing professional employees  or
 his or her designee;
   (vi)  the  president of John Jay College of Criminal Justice or his or
 her designee;
   (vii) the executive director of the Correctional  Association  of  New
 York or his or her designee;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11544-01-9

 S. 5751                             2

   (viii) the executive director of Prisoner's Legal Services of New York
 or his or her designee; and
   (ix) six members to be appointed as follows:
   (1) two shall be appointed by the governor;
   (2)  two  shall be appointed by the temporary president of the senate;
 and
   (3) two shall be appointed by the speaker of the assembly.
   b. Vacancies in the appointed  members  of  the  commission  shall  be
 filled  in  the manner provided for original appointments. Membership on
 the commission shall not constitute a public office.
   § 3. The members of the commission shall receive no  compensation  for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties hereunder.
   §  4. The members of the commission shall be given unrestricted access
 to all state correctional facilities and to receive unredacted copies of
 any documents maintained by such facilities, although documents that are
 confidential under state or federal law may not be disclosed by  members
 of the commission to individuals or organizations otherwise unauthorized
 to receive such documents and all such copies of such documents shall be
 destroyed upon the expiration of this act.
   §  5.  The commission shall publish a final report of its findings and
 make any recommendations it may deem necessary and  appropriate  to  the
 governor,  the  temporary  president  of  the senate, the speaker of the
 assembly, the  chairperson  of  the  senate  crime  victims,  crime  and
 correction  committee  and  the  chairperson  of the assembly correction
 committee no later than two years after the effective date of this act.
   § 6. This act shall take effect immediately and shall  expire  and  be
 deemed repealed two years after such date.

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