S T A T E   O F   N E W   Y O R K
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                                   8046
 
                             I N  S E N A T E
 
                              March 12, 2020
                                ___________
 
 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 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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

 S. 8046                             2
 
 ITIES, THE SUPERINTENDENT AND EXECUTIVE TEAM, TO  THE  EXTENT  POSSIBLE,
 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.

 S. 8046                             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.