S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6098--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT establishing the New York state commission to end mass incarcera-
   tion and to prevent violence

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The United States has the largest pris-
 on population in the world as well as the highest per-capita  incarcera-
 tion  rate. In the United States, crime rate is not much higher compared
 to that in Western Europe. However, the incarceration rate is  three  or
 four  times  higher even though the crime rate is lower than at any time
 since the mid-1960s, and the United States has incarcerated seven  times
 as many people since that time while making up about five percent of the
 world's  population,  and  has  nearly twenty-one percent of the world's
 prisoners. African Americans are incarcerated at more  than  five  times
 the  rate of whites. The imprisonment rate of African Americans for drug
 charges is almost six times that of whites even while African  Americans
 and  whites  use  drugs  at  similar rates, and if African Americans and
 Hispanics were incarcerated at the same rates as whites, prison and jail
 populations would be reduced by almost forty percent. It  shall  be  the
 policy  of  the state of New York to end mass incarceration and to deter
 violent crime for the purpose of justice and public safety.
   § 2. A temporary state commission, to be known as the New  York  state
 commission  to end mass incarceration and to prevent violence, is hereby
 created to investigate, evaluate and make recommendations concerning how
 to reduce the New York prison population and the incidences  of  violent
 crime in New York state.
   §  3.  (a)  The  commission  shall consist of seventeen members, to be
 appointed as follows: nine members to be appointed by the governor,  one
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11889-02-9

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 of  whom shall be the chair; three members to be appointed by the tempo-
 rary president of the senate; one member appointed by the senate minori-
 ty leader; three members appointed by the speaker of the  assembly;  and
 one member appointed by the assembly minority leader.
   (b)  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 under this act. The  commis-
 sion  may  employ  and  at pleasure remove such personnel as it may deem
 necessary for the performance of its functions  and  fix  their  compen-
 sation within the amounts made available by appropriation therefor.
   § 4. Specifically the commission shall investigate:
   (a) how to reduce the New York prison population based on fairness and
 justice by exploring various topics, including, but not limited to:
   (1) operations of the criminal justice system;
   (2) the impact of the war on drugs;
   (3)  racial  inequities  throughout state of New York criminal justice
 system;
   (4) the impact of economic and social inequalities;
   (5) reduced mandatory sentences and sentencing reform generally;
   (6) more sentencing flexibility for judges;
   (7) reducing  the  post-release  impact  of  imprisonment  by  banning
 employers  from  asking about prison histories and providing more access
 to employment, education, housing,  social  services  and  other  public
 benefits;
   (8) drug and alcohol addictions, and mental illness treatment in pris-
 on;
   (9) drug and alcohol addictions, and mental illness treatment alterna-
 tives to prison;
   (10) the impact of privately-owned prisons;
   (11)  humane treatment of prisoners and safe and healthy prison condi-
 tions;
   (12) spread of HIV and AIDS in prisons;
   (13) policies that have increased costs to prisoners such  as  use  of
 phones  or  purchasing supplies, which discriminate against lower income
 inmates; and
   (14) bail reform; and
   (b) how to reduce the incidences of violent crime in New York state by
 examining various topics, including, but not limited to:
   (1) providing body cams for police;
   (2) supporting community policing;
   (3) improving police training;
   (4) increasing educational and  job  training  opportunities  for  the
 at-risk population;
   (5) reducing high school dropout rates;
   (6) additional employment opportunities;
   (7) social work-related support systems;
   (8) preventative violent crime measures;
   (9) increasing individual and community awareness programs;
   (10)  stricter  gun  laws  aimed  at  keeping guns from criminals, the
 mentally impaired,  and  children,  and  to  prevent  accidents  through
 enhanced training and regulations;
   (11) increasing use of data and information technology;
   (12) additional investments in police, schools, and re-entry programs;
   (13) the relationship between drugs and alcohol with violent crime;
   (14) gang violence;
   (15) how to combat racial profiling; and

 S. 6098--A                          3
 
   (16) reducing blighted housing.
   §  5.  (a)  For the accomplishment of its purposes, the commission may
 meet and hold public and/or  private  hearings  within  or  without  the
 state, and shall have all the powers of a legislative committee pursuant
 to  the  legislative  law. The commission is authorized and empowered to
 undertake any studies, inquiries, surveys or analyses it may deem  rele-
 vant  through  its  own personnel or in cooperation with or by agreement
 with any other public or private agency.
   (b) To the maximum extent feasible, the  commission  may  request  and
 shall be entitled to receive and shall utilize and be provided with such
 facilities,  resources and data from any court in the state and from any
 subdivision, department, board, bureau, commission,  office,  agency  or
 other instrumentality of the state or of any political subdivision ther-
 eof  as  it deems necessary or desirable for the proper execution of its
 powers and duties and to effectuate the purposes set forth in this act.
   (c) The commission is hereby authorized and empowered  to  enter  into
 any  agreements  and  to  do and perform any acts that may be necessary,
 desirable or proper to carry out the purposes  and  objectives  of  this
 act.
   §  6.  The  commission  shall make recommendations and a report of its
 findings. The commission shall submit such recommendations  and  report,
 including  any  recommendations  for  legislative  action as it may deem
 necessary and appropriate, to the governor, the temporary  president  of
 the  senate  and  the speaker of the assembly, and made public online on
 the governor's website no later than December first, two thousand  twen-
 ty.
   § 7. This act shall take effect immediately.