NY State Assembly Bill 2021-A8461A

Assembly Bill A8461A

2021-2022 Legislative Session

Increases the number of members on the state commission of correction and relates to inspection and procedures applicable to unsafe or unsanitary correctional facilities

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 18, 2022	print number 8461a
Jan 18, 2022	amend and recommit to correction
Jan 05, 2022	referred to correction
Nov 17, 2021	referred to correction

Bill Amendments

Original

A (Active)

2021-A8461 - Details

See Senate Version of this Bill:: S8161
Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd §§40, 41, 45, 46, 43 & 47, Cor L
Versions Introduced in 2023-2024 Legislative Session:: A5709, S626, S5877

2021-A8461 - Summary

Increases the number of members on the state commission of correction; relates to inspection and procedures applicable to unsafe or unsanitary correctional facilities; requires the biannual publication of reports containing the results of inspections.

2021-A8461 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8461
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Correction
 
 AN ACT to amend the correction law, in relation to the membership of the
   state commission of correction and to inspection and procedures appli-
   cable to unsafe or unsanitary correctional facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 41 of the correction law, as added
 by chapter 865 of the laws of 1975, is amended to read as follows:
   1.  There  shall be within the executive department a state commission
 of correction. It shall consist of [three] NINE persons [to  be],  THREE
 OF  WHOM  SHALL BE appointed by the governor UPON NAMES SUBMITTED BY THE
 JUDGES OF THE COURT OF APPEALS, by and with the advice  and  consent  of
 the  senate,  THREE OF WHOM SHALL BE APPOINTED BY A MAJORITY VOTE OF THE
 MEMBERSHIP OF THE ASSEMBLY UPON NAMES SUBMITTED BY THE  SPEAKER  OF  THE
 ASSEMBLY, AND THREE OF WHOM SHALL BE APPOINTED BY A MAJORITY VOTE OF THE
 MEMBERSHIP OF THE SENATE UPON NAMES SUBMITTED BY THE TEMPORARY PRESIDENT
 OF THE SENATE. AT LEAST ONE MEMBER OF THE COMMISSION SHALL BE A FORMERLY
 INCARCERATED PERSON, AND A PREFERENCE IN APPOINTMENT SHALL BE GRANTED TO
 NOMINEES  WHO HAVE BEEN PERSONALLY AFFECTED BY CONTACT WITH THE CRIMINAL
 LEGAL SYSTEM. AT LEAST ONE MEMBER OF THE COMMISSION SHALL HAVE A PROFES-
 SIONAL BACKGROUND IN PUBLIC HEALTH. NO MORE THAN THREE  MEMBERS  OF  THE
 COMMISSION  SHALL  HAVE A BACKGROUND IN LAW ENFORCEMENT, CRIMINAL PROSE-
 CUTION, OR EMPLOYMENT WITHIN A CORRECTIONS AGENCY, AND  THE  MEMBERS  OF
 THE  COMMISSION  WITH  SUCH  BACKGROUNDS SHALL NEVER BE GREATER THAN THE
 NUMBER OF MEMBERS OF THE COMMISSION WITH BACKGROUNDS IN INDIGENT  CRIMI-
 NAL  DEFENSE  SERVICES,  PRISONER'S  RIGHTS  LITIGATION, OR PUBLIC LEGAL
 SERVICES. THE REMAINING MEMBERS OF THE COMMISSION SHALL  HAVE  EXPERTISE
 IN  ANY  OTHER  FIELD  DEEMED  USEFUL FOR THE PROMOTION OF AN EFFICIENT,
 HUMANE, AND LAWFUL CORRECTIONAL SYSTEM. The governor shall designate one
 of the appointed members as chairman to serve as such at the pleasure of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13287-07-1

 A. 8461                             2
 
 the governor.  The members shall devote full time to  their  duties  and
 shall hold no other salaried public position.
   §  2. Subdivision 3 of section 45 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   3.  Except  in  circumstances  involving  health,  safety  or  alleged
 violations  of  established  standards  of  the  commission,  visit, and
 inspect EVERY correctional [facilities] FACILITY IN THE STATE ON A REGU-
 LAR BASIS consistent with a schedule determined by the chairman  of  the
 commission[, taking into consideration available resources, workload and
 staffing],  and  appraise the management of such correctional facilities
 with specific attention to matters such as safety, security,  health  of
 incarcerated  individuals, sanitary conditions, rehabilitative programs,
 disturbance and fire prevention and control preparedness, and  adherence
 to  laws  and  regulations governing the rights of incarcerated individ-
 uals. THE COMMISSION SHALL NOT DISCLOSE ITS SCHEDULE FOR INSPECTIONS  OR
 PROVIDE  ADVANCE  NOTICE  TO  ANY  CORRECTIONAL  FACILITY  OF  A PLANNED
 INSPECTION.
   § 3. Paragraph (a) of subdivision 8 of section 45  of  the  correction
 law,  as  amended  by  section  2 of part D of chapter 63 of the laws of
 2005, is amended to read as follows:
   (a) Close any correctional facility which  is  unsafe,  unsanitary  or
 inadequate to provide for the separation and classification of prisoners
 required  by  law or which has not adhered to or complied with the rules
 or regulations promulgated with respect to  any  such  facility  by  the
 commission  pursuant  to  the  provisions  of  subdivision  six  of this
 section; provided, however, THAT THE CLOSURE OF ANY  LOCAL  CORRECTIONAL
 FACILITY PURSUANT TO THIS SECTION SHALL NOT BE CAUSE FOR THE TRANSFER OF
 ANY  INCARCERATED  PERSON  TO  A  CORRECTIONAL  FACILITY OPERATED BY THE
 DEPARTMENT, AND that before such facility may be closed  due  to  condi-
 tions  which  are  unsafe,  unsanitary  or inadequate to provide for the
 separation and classification of prisoners, the commission shall cause a
 citation to be mailed to the appropriate municipal or other official  at
 least  ten  days before the return day thereof directing the responsible
 authorities designated to appear before such commission at the time  and
 place  set  forth  in the citation, and show cause why such correctional
 facility should not be closed. After a hearing thereon or upon the fail-
 ure to appear, such commission  is  empowered  to  order  such  facility
 designated  in the citation closed within twenty days, during which time
 the respondent authority may review such order in the manner provided in
 article seventy-eight of the  civil  practice  law  and  rules,  in  the
 supreme  court. Fifteen days after the order to close has been served by
 a registered letter upon the appropriate official if no court review has
 been taken, and fifteen days after the order of such commission has been
 confirmed by the court, in case of court review,  such  facility  desig-
 nated  in the order shall be closed, and it shall be unlawful to confine
 or detain any person therein and any officer confining or detaining  any
 person therein shall be guilty of a class A misdemeanor.
   §  4. Subdivision 4 of section 46 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended and two new  subdivisions  5
 and 6 are added to read as follows:
   4. In any case where any rule or regulation promulgated by the commis-
 sion  pursuant  to subdivision six of section forty-five of this article
 or the laws relating to the construction, management and affairs of  any
 correctional  facility  or  the  care,  treatment  and discipline of its
 incarcerated individuals, are being or are about  to  be  violated,  the
 commission  shall  IMMEDIATELY notify the person in charge or control of
 A. 8461                             3
 
 the facility of such violation, recommend remedial  action,  and  direct
 such  person to comply with the rule, regulation or law, as the case may
 be.   THE COMMISSION SHALL ALSO IMMEDIATELY  NOTIFY  THE  GOVERNOR,  THE
 CHAIR  AND MEMBERS OF THE ASSEMBLY STANDING COMMITTEE ON CORRECTION, AND
 THE CHAIR AND MEMBERS OF THE SENATE STANDING COMMITTEE ON CRIME VICTIMS,
 CRIME, AND CORRECTION, OF THE ALLEGED OR DOCUMENTED  VIOLATION  AND  THE
 REMEDIAL ACTION THAT THE COMMISSION RECOMMENDS. Upon the failure of such
 person  to  comply with the rule, regulation or law the commission [may]
 SHALL apply to the supreme court for an EMERGENCY order directed to such
 person requiring compliance with such rule, regulation or law; PROVIDED,
 HOWEVER, THAT IF THE COMMISSION DECIDES TO CLOSE A FACILITY PURSUANT  TO
 SECTION FORTY-FIVE OF THIS ARTICLE, THE COMMISSION SHALL NOT BE REQUIRED
 TO  APPLY  FOR AN EMERGENCY ORDER. Upon such application the court [may]
 SHALL 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 punishable as such.
   5.  (A)  IN ANY CASE WHERE THERE IS A REASONABLY FORESEEABLE RISK THAT
 CONDITIONS AT A CORRECTIONAL FACILITY MIGHT VIOLATE  THE  CONSTITUTIONAL
 RIGHTS  OF  PEOPLE INCARCERATED THERE, CAUSE IMMINENT HARM TO ANY INCAR-
 CERATED PERSON, OR CAUSE THE IMMINENT DEATH OF ANY INCARCERATED  PERSON,
 THE  COMMISSION  SHALL  BE REQUIRED TO ORDER THE CLOSURE OF SUCH CORREC-
 TIONAL FACILITY PURSUANT TO SUBDIVISION EIGHT OF SECTION  FORTY-FIVE  OF
 THIS ARTICLE. SUCH CORRECTIONAL FACILITY SHALL REMAIN CLOSED PERMANENTLY
 OR  UNTIL  THE COMMISSION HAS DETERMINED THAT SUCH CORRECTIONAL FACILITY
 CAN RESUME OPERATIONS IN COMPLIANCE WITH ALL REGULATIONS PROMULGATED  BY
 THE COMMISSION AND WITHOUT POSING ANY REASONABLY FORESEEABLE HARM TO ANY
 PERSON  INCARCERATED THERE. THE COMMISSION SHALL NOT NEED TO APPLY FOR A
 COURT ORDER PURSUANT TO SUBDIVISION FOUR OF THIS SECTION BEFORE DECIDING
 TO CLOSE A CORRECTIONAL FACILITY. FAILURE TO  TAKE  ACTION  PURSUANT  TO
 THIS  SUBDIVISION  OR  SUBDIVISION FOUR OF THIS SECTION SHALL CONSTITUTE
 NEGLECT OF A MINISTERIAL MATTER.  FOR THE PURPOSES OF THIS  SUBDIVISION,
 "MINISTERIAL MATTER" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
 IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE OF SECTION SEVENTY-THREE OF THE
 PUBLIC OFFICERS LAW.
   (B) UPON A RECOMMENDATION MADE BY THE GOVERNOR OR THE ATTORNEY  GENER-
 AL,  OR  UPON A RESOLUTION PASSED IN THE ASSEMBLY OR SENATE, OR UPON THE
 REQUEST OF A CONSIDERABLE NUMBER OF PEOPLE INCARCERATED IN  ANY  CORREC-
 TIONAL  FACILITY  OR  PARTICULAR  WING,  ANNEX, OR HOUSING UNIT THEREOF,
 ASKING THE COMMISSION TO INSPECT ANY CORRECTIONAL FACILITY AND RECOMMEND
 REMEDIAL ACTIONS OR CLOSE A CORRECTIONAL  FACILITY  PURSUANT  TO  POWERS
 GRANTED  IN  SECTION  FORTY-FIVE  OF  THIS ARTICLE, THE COMMISSION SHALL
 DISCUSS SUCH MATTER AT THE NEXT STATED MEETING TO OCCUR AFTER TEN  BUSI-
 NESS  DAYS,  PROVIDED THAT SUCH MEETING OCCURS WITHIN FORTY-FIVE DAYS OF
 SUCH REQUEST.  THE COMMISSION SHALL INSPECT THE CORRECTIONAL FACILITY OR
 FACILITIES IN QUESTION, COLLECT ANY RELEVANT DOCUMENTS, AND CONDUCT  ANY
 INTERVIEWS  OF INCARCERATED PEOPLE, STAFF, MEDICAL PROVIDERS, AND SUPER-
 VISORS AT SUCH CORRECTIONAL FACILITY PRIOR TO SUCH MEETING AND MAKE  THE
 RESULT  OF  ITS  INSPECTION  AND  ANALYSIS PUBLIC ONLINE BEFORE ITS NEXT
 STATED MEETING. SUCH ANALYSIS SHALL, AT A MINIMUM, INCLUDE A DESCRIPTION
 OF THE FACTORS CONTAINED IN SUBDIVISION THREE OF SECTION  FORTY-FIVE  OF
 THIS  ARTICLE.  AT SUCH MEETING, THE COMMISSION SHALL DETERMINE WHETHER,
 BASED ON ITS INSPECTION AND ANALYSIS, THE  CORRECTIONAL  FACILITY  LACKS
 COMPLIANCE WITH ANY LAW OR REGULATION PROMULGATED BY THE COMMISSION, AND
 WHETHER  SUCH  NON-COMPLIANCE POSES AN IMMINENT HARM TO ANY INCARCERATED
 PERSON IN THE CUSTODY OF THAT CORRECTIONAL FACILITY.    AT  SUCH  STATED
 MEETING  THE COMMISSION SHALL STATE ON THE RECORD THE REASONING UNDERLY-
 ING ITS DETERMINATION TO TAKE  NO  ACTION,  RECOMMEND  REMEDIAL  ACTION,
 A. 8461                             4
 
 APPLY  TO THE SUPREME COURT FOR AN EMERGENCY ORDER, OR ORDER THE CLOSURE
 OF A FACILITY.
   6.  (A)  TWICE  PER  YEAR, AT INTERVALS SEPARATED BY APPROXIMATELY SIX
 MONTHS, THE COMMISSION SHALL PUBLISH A REPORT CONTAINING THE RESULTS  OF
 ITS  ANNUAL  INSPECTIONS OF CORRECTIONAL FACILITIES IN A PROMINENT PLACE
 ON ITS WEBSITE. SUCH REPORTS SHALL CONTAIN, WITHOUT LIMITATION, DETAILED
 INFORMATION ABOUT ANY VIOLATIONS OF REGULATIONS OR  APPLICABLE  LAWS  AT
 EACH  CORRECTIONAL  FACILITY INSPECTED, NOTABLE EXCERPTS FROM INTERVIEWS
 WITH INCARCERATED PEOPLE, STAFF, MEDICAL PROVIDERS, AND  SUPERVISORS  AT
 EACH  FACILITY,  DESCRIPTIONS OF REPORTABLE INCIDENTS THAT HAVE OCCURRED
 AT ANY CORRECTIONAL FACILITY THAT WAS INSPECTED, AND COPIES OF RECOMMEN-
 DATIONS OR DIRECTIVES THAT HAVE BEEN ISSUED TO ANY CORRECTIONAL FACILITY
 DURING THE PERIOD OF TIME  COVERED  BY  THE  REPORT.  THE  REPORT  SHALL
 CONTAIN  A  SUMMARY  OR  COPY OF ANY CORRECTIONAL FACILITY'S RESPONSE TO
 RECOMMENDATIONS OR DIRECTIVES ISSUED BY THE COMMISSION IN RELATION TO AN
 INSPECTION THAT OCCURRED DURING THAT YEAR.
   (B) WITHIN TWENTY DAYS OF A  REQUEST,  AND  ONLY  PROVIDED  THAT  SUCH
 DISCLOSURE  IS  AUTHORIZED  BY  LAWS AND REGULATIONS GOVERNING ACCESS TO
 INDIVIDUALLY-IDENTIFYING  HEALTH  INFORMATION,  THE   COMMISSION   SHALL
 DISCLOSE  TO  THE  NEXT-OF-KIN OR AUTHORIZED LEGAL REPRESENTATIVE OF ANY
 PERSON WHO HAS DIED OR SUFFERED  A  SERIOUS  INJURY  AT  A  CORRECTIONAL
 FACILITY THE DETAILS AND CIRCUMSTANCES OF SUCH INCIDENT, INCLUDING WITH-
 OUT  LIMITATION THE COMPLETE RESULT OF THE COMMISSION'S INVESTIGATION OF
 SUCH INCIDENT, TRUE AND CORRECT COPIES OF RECORDS  THAT  THE  COMMISSION
 HAS  RECEIVED FROM SUCH FACILITY IN CONNECTION WITH ITS INVESTIGATION OF
 SUCH INCIDENT, AND A LIST OF REGULATIONS OR  APPLICABLE  LAWS  THAT  MAY
 HAVE  BEEN VIOLATED IN PROXIMATE RELATION TO SUCH INCIDENT, WITHOUT COST
 TO THE REQUESTOR.
   (C) WITHIN THIRTY DAYS OF ANY DEATH OF AN INCARCERATED PERSON  IN  THE
 CUSTODY OF A CORRECTIONAL FACILITY AND FOLLOWING THE COMMISSION'S INVES-
 TIGATION  OF  THE  CIRCUMSTANCES  OF  SUCH  DEATH,  THE COMMISSION SHALL
 PUBLISH ON ITS WEBSITE A GENERAL SUMMARY OF  ITS  INVESTIGATION,  AND  A
 DETERMINATION   AS  TO  WHETHER  THE  INCARCERATED  INDIVIDUAL  RECEIVED
 ADEQUATE MEDICAL CARE WHILE IN CUSTODY AND  WHETHER  CONDITIONS  IN  THE
 CORRECTIONAL FACILITY OR THE QUALITY OF MEDICAL CARE OR SUPERVISION THAT
 THE INCARCERATED PERSON RECEIVED WERE CONTRIBUTING FACTORS OR RELATED TO
 THE CAUSE OF DEATH. SUCH RESULTS SHALL BE REDACTED OR WRITTEN TO PREVENT
 THE  DISCLOSURE  OF  POTENTIALLY  SENSITIVE PERSONAL MEDICAL INFORMATION
 BELONGING TO THE DECEASED INCARCERATED PERSON.
   (D) ANY PERSON WHO WILLFULLY OBSTRUCTS THE EFFORTS OF  THE  COMMISSION
 TO  INSPECT  A  CORRECTIONAL  FACILITY, INCLUDING WITHOUT LIMITATION, BY
 OBSTRUCTING THE EFFORTS OF AN EMPLOYEE OR MEMBER OF  THE  COMMISSION  TO
 COPY  OR REVIEW RECORDS REASONABLY RELATED TO THE COMMISSION'S DUTIES OR
 FALSIFYING OR DESTROYING RECORDS IN THE  POSSESSION  OF  A  CORRECTIONAL
 FACILITY THAT THE COMMISSION MAY SEEK TO COPY OR REVIEW, SHALL BE GUILTY
 OF OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. FOR THE
 PURPOSES  OF  THIS  SECTION, THE TERM "OBSTRUCTING GOVERNMENTAL ADMINIS-
 TRATION IN THE SECOND DEGREE" SHALL HAVE THE SAME MEANING AS  SUCH  TERM
 DOES  IN  SECTION  195.05  OF  THE  PENAL LAW. IN ANY PROCEEDING BROUGHT
 AGAINST AN INDIVIDUAL FOR OBSTRUCTING THE EFFORTS OF THE  COMMISSION  TO
 INSPECT  A  CORRECTIONAL  FACILITY,  THERE SHALL BE A PRESUMPTION OF THE
 WILLFULNESS OF SUCH OBSTRUCTION,  REBUTTABLE  UPON  A  PREPONDERANCE  OF
 EVIDENCE TO THE CONTRARY.
   (E)   IF,   IN  THE  COURSE  OF  THE  COMMISSION'S  INVESTIGATIONS  OR
 INSPECTIONS, THE COMMISSION FINDS EVIDENCE OF A PATTERN OF  MALFEASANCE,
 NONFEASANCE,  ABUSE, OR NEGLIGENCE ON THE PART OF STAFF OR MANAGEMENT AT
 A. 8461                             5
 
 ANY CORRECTIONAL FACILITY, THE COMMISSION SHALL IMMEDIATELY REPORT  SUCH
 EVIDENCE TO THE ATTORNEY GENERAL AND THE DISTRICT ATTORNEY FOR THE COUN-
 TY  IN  WHICH  SUCH  CORRECTIONAL FACILITY IS LOCATED, AND SUCH EVIDENCE
 SHALL  BE PUBLISHED WITHIN THE REPORTS ISSUED BY THE COMMISSION PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION.
   § 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-A8461A (ACTIVE) - Details

See Senate Version of this Bill:: S8161
Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd §§40, 41, 45, 46, 43 & 47, Cor L
Versions Introduced in 2023-2024 Legislative Session:: A5709, S626, S5877

2021-A8461A (ACTIVE) - Summary

2021-A8461A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8461--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Correction -- recommitted to the Committee on  Correction
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee

 AN ACT to amend the correction law, in relation to the membership of the
   state commission of correction and to inspection and procedures appli-
   cable to unsafe or unsanitary correctional facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 40 of the correction law is amended by adding a new
 subdivision 7 to read as follows:
   7. "SERIOUS INJURY" MEANS THE SAME AS SUCH TERM IS DEFINED IN  SECTION
 FIFTY-ONE HUNDRED TWO OF THE INSURANCE LAW.
   §  2. Section 41 of the correction law, as added by chapter 865 of the
 laws of 1975, is amended to read as follows:
   § 41. State commission of correction; organization. 1. (A) There shall
 be within the executive department a state commission of correction.  It
 shall  consist  of  [three]  NINE  persons [to be], TWO OF WHOM SHALL BE
 appointed by the governor[, by and with the advice and  consent  of  the
 senate],  TWO  OF  WHOM  SHALL  BE  APPOINTED  BY A MAJORITY VOTE OF THE
 MEMBERSHIP OF THE ASSEMBLY, TWO OF WHOM SHALL BE APPOINTED BY A MAJORITY
 VOTE OF THE MEMBERSHIP OF THE SENATE, TWO OF WHOM SHALL BE APPOINTED  BY
 THE  ATTORNEY GENERAL, AND ONE OF WHOM SHALL BE APPOINTED BY THE CORREC-
 TIONAL ASSOCIATION. ALL APPOINTMENTS SHALL BE BY AND WITH THE ADVICE AND
 CONSENT OF THE SENATE TO ENSURE THE REQUIREMENTS OF THIS SUBDIVISION ARE
 MET.
   (B) AT LEAST ONE MEMBER OF THE COMMISSION SHALL BE A  FORMERLY  INCAR-
 CERATED  PERSON,  AND  A  PREFERENCE  IN APPOINTMENT SHALL BE GRANTED TO
 NOMINEES WHO HAVE BEEN PERSONALLY AFFECTED BY CONTACT WITH THE  CRIMINAL
 LEGAL SYSTEM. AT LEAST ONE MEMBER OF THE COMMISSION SHALL HAVE A PROFES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13287-11-2

 A. 8461--A                          2
 
 SIONAL  BACKGROUND  IN  PUBLIC HEALTH. NO MORE THAN THREE MEMBERS OF THE
 COMMISSION SHALL HAVE A BACKGROUND IN LAW ENFORCEMENT,  CRIMINAL  PROSE-
 CUTION,  OR  EMPLOYMENT  WITHIN A CORRECTIONS AGENCY, AND THE MEMBERS OF
 THE  COMMISSION  WITH  SUCH  BACKGROUNDS SHALL NEVER BE GREATER THAN THE
 NUMBER OF MEMBERS OF THE COMMISSION WITH BACKGROUNDS IN INDIGENT  CRIMI-
 NAL  DEFENSE  SERVICES,  PRISONER'S  RIGHTS  LITIGATION, OR PUBLIC LEGAL
 SERVICES. THE REMAINING MEMBERS OF THE COMMISSION SHALL  HAVE  EXPERTISE
 IN  ANY  OTHER  FIELD  DEEMED  USEFUL FOR THE PROMOTION OF AN EFFICIENT,
 HUMANE, AND LAWFUL CORRECTIONAL SYSTEM. The [governor]  MEMBERS  OF  THE
 COMMISSION  shall  designate one of the appointed members as chairman to
 serve [as such] at [the] THEIR pleasure [of the governor].  The  members
 shall  devote full time to their duties and shall hold no other salaried
 public position.
   2. The members shall hold office for terms  of  five  years;  provided
 that of the three members first appointed, one shall serve for a term of
 two years, one shall serve for a term of three years and one shall serve
 for  a  term  of  five  years  from  January first next succeeding their
 appointment. No member shall serve for more than ten years.  Any  member
 of  the  commission  may  be  removed by the governor for cause after an
 opportunity to be heard in his OR HER defense.
   3. Any member chosen to fill a vacancy created other than  by  expira-
 tion  of  term  shall  be appointed for the unexpired term of the member
 whom he OR SHE is to succeed.  Vacancies caused by expiration of term or
 otherwise shall be filled in the same manner as  original  appointments;
 PROVIDED,  HOWEVER,  THAT IF A POSITION ON THE COMMISSION REMAINS VACANT
 FOR ANY PERIOD LONGER THAN ONE HUNDRED EIGHTY DAYS, THE MEMBERS  OF  THE
 COMMISSION MAY APPOINT AN INDIVIDUAL TO FILL SUCH VACANCY WHOSE APPOINT-
 MENT  SATISFIES  THE REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVISION ONE OF
 THIS SECTION.
   4. THE APPROPRIATIONS AVAILABLE TO PAY FOR THE EXPENSES OF THE COMMIS-
 SION DURING EACH FISCAL YEAR SHALL NOT BE LESS THAN TWO PERCENTUM OF THE
 APPROPRIATIONS AVAILABLE TO PAY  FOR  THE  EXPENSES  OF  THE  DEPARTMENT
 DURING SUCH FISCAL YEAR.
   §  3. Subdivision 3 of section 45 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   3.  Except  in  circumstances  involving  health,  safety  or  alleged
 violations  of  established  standards  of  the  commission,  visit, and
 inspect EVERY correctional [facilities] FACILITY  IN  THE  STATE  ON  AN
 ANNUAL  BASIS  consistent  with a schedule determined by the chairman of
 the commission[, taking into consideration available resources, workload
 and staffing], and appraise the management of such correctional  facili-
 ties with specific attention to matters such as safety, security, health
 of   incarcerated   individuals,   sanitary  conditions,  rehabilitative
 programs, disturbance and fire prevention and control preparedness,  and
 adherence  to  laws and regulations governing the rights of incarcerated
 individuals.  THE  COMMISSION  SHALL  NOT  DISCLOSE  ITS  SCHEDULE   FOR
 INSPECTIONS  OR PROVIDE ADVANCE NOTICE TO ANY CORRECTIONAL FACILITY OF A
 PLANNED INSPECTION UNLESS SUCH NOTICE  IS  REQUIRED  TO  CARRY  OUT  THE
 DUTIES OF THE COMMISSION.
   §  4. Subdivision 4 of section 46 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended and two new  subdivisions  5
 and 6 are added to read as follows:
   4. In any case where any rule or regulation promulgated by the commis-
 sion  pursuant  to subdivision six of section forty-five of this article
 or the laws relating to the construction, management and affairs of  any
 correctional  facility  or  the  care,  treatment  and discipline of its
 A. 8461--A                          3
 
 incarcerated individuals, are being or are about  to  be  violated,  the
 commission  shall  IMMEDIATELY notify the person in charge or control of
 the facility of such violation, recommend remedial  action,  and  direct
 such  person to comply with the rule, regulation or law, as the case may
 be.   THE COMMISSION SHALL ALSO IMMEDIATELY  NOTIFY  THE  GOVERNOR,  THE
 CHAIR  AND MEMBERS OF THE ASSEMBLY STANDING COMMITTEE ON CORRECTION, AND
 THE CHAIR AND MEMBERS OF THE SENATE STANDING COMMITTEE ON CRIME VICTIMS,
 CRIME, AND CORRECTION, OF THE ALLEGED OR DOCUMENTED  VIOLATION  AND  THE
 REMEDIAL ACTION THAT THE COMMISSION RECOMMENDS. Upon the failure of such
 person  to  comply with the rule, regulation or law the commission [may]
 SHALL PROMPTLY apply to the supreme court for an order directed to  such
 person requiring compliance with such rule, regulation or law; PROVIDED,
 HOWEVER,  THAT IF THE COMMISSION DECIDES TO CLOSE A FACILITY PURSUANT TO
 SECTION FORTY-FIVE OF THIS ARTICLE, THE COMMISSION SHALL NOT BE REQUIRED
 TO APPLY FOR AN ORDER. Upon such application the court [may] SHALL 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 punishable as such.
   5.  (A)  IN ANY CASE WHERE THERE IS A REASONABLY FORESEEABLE RISK THAT
 CONDITIONS AT A CORRECTIONAL FACILITY MIGHT VIOLATE  THE  CONSTITUTIONAL
 RIGHTS  OF  PEOPLE INCARCERATED THERE, CAUSE IMMINENT HARM TO ANY INCAR-
 CERATED PERSON, OR CAUSE THE IMMINENT DEATH OF ANY INCARCERATED  PERSON,
 THE  COMMISSION  SHALL  BE REQUIRED TO ORDER THE CLOSURE OF SUCH CORREC-
 TIONAL FACILITY PURSUANT TO SUBDIVISION EIGHT OF SECTION  FORTY-FIVE  OF
 THIS ARTICLE. SUCH CORRECTIONAL FACILITY SHALL REMAIN CLOSED PERMANENTLY
 OR  UNTIL  THE COMMISSION HAS DETERMINED THAT SUCH CORRECTIONAL FACILITY
 CAN RESUME OPERATIONS IN COMPLIANCE WITH ALL REGULATIONS PROMULGATED  BY
 THE COMMISSION AND WITHOUT POSING ANY REASONABLY FORESEEABLE HARM TO ANY
 PERSON  INCARCERATED THERE. THE COMMISSION SHALL NOT NEED TO APPLY FOR A
 COURT ORDER PURSUANT TO SUBDIVISION FOUR OF THIS SECTION BEFORE DECIDING
 TO CLOSE A CORRECTIONAL FACILITY. FAILURE TO  TAKE  ACTION  PURSUANT  TO
 THIS  SUBDIVISION  OR  SUBDIVISION FOUR OF THIS SECTION SHALL CONSTITUTE
 NEGLECT OF A MINISTERIAL MATTER.  FOR THE PURPOSES OF THIS  SUBDIVISION,
 "MINISTERIAL MATTER" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
 IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE OF SECTION SEVENTY-THREE OF THE
 PUBLIC OFFICERS LAW.
   (B) UPON A RECOMMENDATION MADE BY THE GOVERNOR OR THE ATTORNEY  GENER-
 AL,  OR  UPON A RESOLUTION PASSED IN THE ASSEMBLY OR SENATE, OR UPON THE
 REQUEST OF A CONSIDERABLE NUMBER OF PEOPLE INCARCERATED IN  ANY  CORREC-
 TIONAL  FACILITY  OR  PARTICULAR  WING,  ANNEX, OR HOUSING UNIT THEREOF,
 ASKING THE COMMISSION TO INSPECT ANY CORRECTIONAL FACILITY AND RECOMMEND
 REMEDIAL ACTIONS OR CLOSE A CORRECTIONAL  FACILITY  PURSUANT  TO  POWERS
 GRANTED  IN  SECTION  FORTY-FIVE  OF  THIS ARTICLE, THE COMMISSION SHALL
 DISCUSS SUCH MATTER AT THE NEXT STATED MEETING TO OCCUR AFTER TEN  BUSI-
 NESS  DAYS,  PROVIDED THAT SUCH MEETING OCCURS WITHIN FORTY-FIVE DAYS OF
 SUCH REQUEST.  THE COMMISSION SHALL INSPECT THE CORRECTIONAL FACILITY OR
 FACILITIES IN QUESTION, COLLECT ANY RELEVANT DOCUMENTS, AND CONDUCT  ANY
 INTERVIEWS  OF INCARCERATED PEOPLE, STAFF, MEDICAL PROVIDERS, AND SUPER-
 VISORS AT SUCH CORRECTIONAL FACILITY PRIOR TO SUCH MEETING AND MAKE  THE
 RESULT  OF  ITS  INSPECTION  AND  ANALYSIS PUBLIC ONLINE BEFORE ITS NEXT
 STATED MEETING. SUCH ANALYSIS SHALL, AT A MINIMUM, INCLUDE A DESCRIPTION
 OF THE FACTORS CONTAINED IN SUBDIVISION THREE OF SECTION  FORTY-FIVE  OF
 THIS  ARTICLE.  AT SUCH MEETING, THE COMMISSION SHALL DETERMINE WHETHER,
 BASED ON ITS INSPECTION AND ANALYSIS, THE  CORRECTIONAL  FACILITY  LACKS
 COMPLIANCE WITH ANY LAW OR REGULATION PROMULGATED BY THE COMMISSION, AND
 WHETHER  SUCH  NON-COMPLIANCE POSES AN IMMINENT HARM TO ANY INCARCERATED
 PERSON IN THE CUSTODY OF THAT CORRECTIONAL FACILITY.    AT  SUCH  STATED
 A. 8461--A                          4
 
 MEETING  THE COMMISSION SHALL STATE ON THE RECORD THE REASONING UNDERLY-
 ING ITS DETERMINATION TO TAKE  NO  ACTION,  RECOMMEND  REMEDIAL  ACTION,
 APPLY  TO  THE  SUPREME  COURT  FOR  AN ORDER, OR ORDER THE CLOSURE OF A
 FACILITY.
   6.  (A)  TWICE  PER  YEAR, AT INTERVALS SEPARATED BY APPROXIMATELY SIX
 MONTHS, THE COMMISSION SHALL PUBLISH A REPORT CONTAINING THE RESULTS  OF
 ITS  ANNUAL  INSPECTIONS OF CORRECTIONAL FACILITIES IN A PROMINENT PLACE
 ON ITS WEBSITE, AND SHALL DELIVER A COPY OF SUCH REPORT TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  AND
 THE  ATTORNEY GENERAL.   SUCH REPORTS SHALL CONTAIN, WITHOUT LIMITATION,
 DETAILED INFORMATION ABOUT ANY VIOLATIONS OF REGULATIONS  OR  APPLICABLE
 LAWS  AT  EACH  CORRECTIONAL  FACILITY  INSPECTED, NOTABLE EXCERPTS FROM
 INTERVIEWS WITH  INCARCERATED  PEOPLE,  STAFF,  MEDICAL  PROVIDERS,  AND
 SUPERVISORS AT EACH FACILITY, DESCRIPTIONS OF DEATHS OR SERIOUS INJURIES
 THAT  HAVE  OCCURRED  AT  ANY  CORRECTIONAL FACILITY THAT WAS INSPECTED,
 COPIES OF RECOMMENDATIONS OR DIRECTIVES THAT HAVE  BEEN  ISSUED  BY  THE
 COMMISSION  TO  ANY  CORRECTIONAL  FACILITY  DURING  THE  PERIOD OF TIME
 COVERED BY  THE  REPORT,  AND  COPIES  OF  ANY  CORRECTIONAL  FACILITY'S
 RESPONSE TO SUCH RECOMMENDATIONS OR DIRECTIVES.
   (B) AS SOON AS THE COMMISSION COMPLETES AN INVESTIGATION OF A DEATH OR
 SERIOUS  INJURY  SUFFERED  BY AN INCARCERATED PERSON IN THE CUSTODY OF A
 CORRECTIONAL FACILITY, THE COMMISSION SHALL PUBLISH  ON  ITS  WEBSITE  A
 REPORT  CONTAINING  THE  RESULT OF SUCH INVESTIGATION, INCLUDING WITHOUT
 LIMITATION THE COMPLETE RESULT OF THE COMMISSION'S INVESTIGATION OF SUCH
 INCIDENT, TRUE AND CORRECT COPIES OF RECORDS  THAT  THE  COMMISSION  HAS
 RECEIVED FROM SUCH FACILITY IN CONNECTION WITH ITS INVESTIGATION OF SUCH
 INCIDENT,  A  DETERMINATION AS TO WHETHER CONDITIONS IN THE CORRECTIONAL
 FACILITY OR THE QUALITY OF MEDICAL CARE OR SUPERVISION THAT  THE  INCAR-
 CERATED  PERSON  RECEIVED  WERE  CONTRIBUTING  FACTORS OR RELATED TO THE
 CAUSE OF DEATH, AND A LIST OF REGULATIONS OR APPLICABLE  LAWS  THAT  MAY
 HAVE  BEEN VIOLATED IN PROXIMATE RELATION TO SUCH INCIDENT.  THE COMMIS-
 SION SHALL ALSO CAUSE SUCH REPORT TO BE DELIVERED TO THE NEXT-OF-KIN  OR
 AUTHORIZED  LEGAL  REPRESENTATIVE  OF  SUCH  INCARCERATED  PERSON.  SUCH
 REPORTS SHALL NOT BE  REDACTED EXCEPT AS OTHERWISE REQUIRED  TO  PROTECT
 CONFIDENTIAL  MEDICAL RECORDS AND BEHAVIORAL  HEALTH  RECORDS IN ACCORD-
 ANCE WITH STATE AND FEDERAL LAWS, RULES, AND REGULATIONS.
   (C) THE COMMISSION MAY PUBLISH INFORMATION CONTAINED IN  ITS  REPORTS,
 DATA ON DEATHS OR SERIOUS INJURIES OF INCARCERATED PEOPLE AT CORRECTION-
 AL  FACILITIES,  AND INFORMATION ON UNCURED VIOLATIONS OF LAWS AND REGU-
 LATIONS AT ANY CORRECTIONAL FACILITY IN A SEARCHABLE DATABASE FORMAT  ON
 ITS WEBSITE IF THE COMMISSION DETERMINES THAT SUCH A FORMAT WILL FACILI-
 TATE GREATER PUBLIC ACCESS TO SUCH INFORMATION.
   (D)   IF,   IN  THE  COURSE  OF  THE  COMMISSION'S  INVESTIGATIONS  OR
 INSPECTIONS, THE COMMISSION FINDS EVIDENCE OF A PATTERN OF  MALFEASANCE,
 NONFEASANCE,  ABUSE, OR NEGLIGENCE ON THE PART OF STAFF OR MANAGEMENT AT
 ANY CORRECTIONAL FACILITY, THE COMMISSION SHALL IMMEDIATELY REPORT  SUCH
 EVIDENCE TO THE ATTORNEY GENERAL AND THE DISTRICT ATTORNEY FOR THE COUN-
 TY  IN  WHICH  SUCH  CORRECTIONAL FACILITY IS LOCATED, AND SUCH EVIDENCE
 SHALL BE PUBLISHED WITHIN THE REPORTS ISSUED BY THE COMMISSION  PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION.
   §  5. Section 43 of the correction law, as added by chapter 865 of the
 laws of 1975, subdivisions 1 and 2 as amended by chapter 379 of the laws
 of 1988, is amended to read as follows:
   § 43. Correction medical review board; organization. 1. There shall be
 within the commission  a  correction  medical  review  board.  It  shall
 consist of six persons to be appointed by the [governor] COMMISSIONER OF
 A. 8461--A                          5

 THE  DEPARTMENT  OF  HEALTH  by  and  with the advice and consent of the
 senate. In addition, the governor shall designate one of  the  full-time
 members  other  than  the chairman of the commission and the chairman of
 the council as chairman of the board to serve as such at the pleasure of
 the  governor.    Of  the  appointed members of the board one shall be a
 physician duly licensed to practice in this state; one shall be a physi-
 cian duly licensed to practice in  this  state  and  a  board  certified
 forensic pathologist; one shall be a physician duly licensed to practice
 in  this state and shall be a board certified forensic psychiatrist; one
 shall be an attorney admitted to practice in this state;  two  shall  be
 members appointed at large.
   2.  The  six appointed members of the board shall hold office for five
 years; provided that of the two members first appointed, after  December
 thirty-first,  nineteen  hundred  eighty-seven  who are not appointed to
 succeed any other member of the board, one shall be appointed for a term
 of four years and one shall be appointed for a term of five  years  from
 January  first  next succeeding their appointment.  Any appointed member
 of the board may be removed by the governor for cause after an  opportu-
 nity to be heard in his OR HER defense.
   3.  Any  member chosen to fill a vacancy created other than by expira-
 tion of term shall be appointed for the unexpired  term  of  the  member
 whom he OR SHE is to succeed.  Vacancies caused by expiration of term or
 otherwise  shall  be filled in the same manner as original appointments;
 PROVIDED, HOWEVER, THAT IF A POSITION ON THE BOARD  REMAINS  VACANT  FOR
 ANY PERIOD LONGER THAN ONE HUNDRED EIGHTY DAYS, THE MEMBERS OF THE BOARD
 MAY  APPOINT AN INDIVIDUAL TO FILL SUCH VACANCY WHOSE APPOINTMENT SATIS-
 FIES THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
   4. The members of the board shall [receive no compensation  for  their
 services  but  each  member  shall be entitled to receive his actual and
 necessary expenses incurred in the performance  of  his  duties]  DEVOTE
 FULL-TIME  TO THEIR DUTIES AND SHALL HOLD NO OTHER SALARIED PUBLIC POSI-
 TION.
   § 6. Section 47 of the correction law, as amended by  chapter  322  of
 the laws of 2021, is amended to read as follows:
   §  47.  Functions,  powers and duties of the board. 1. The board shall
 have the following functions, powers and duties:
   (a) Investigate and review the cause and circumstances surrounding the
 death OR SERIOUS INJURY of any incarcerated individual of a correctional
 facility.
   (b) Visit and inspect any correctional facility wherein an incarcerat-
 ed individual has died OR SUFFERED A SERIOUS INJURY.
   (c) Cause the body of  the  deceased  to  undergo  such  examinations,
 including  an  autopsy, as in the opinion of the board, are necessary to
 determine the cause of death, irrespective of whether any such  examina-
 tion or autopsy shall have previously been performed.
   (d)  Upon  review  of the cause of death OR SERIOUS INJURY and circum-
 stances surrounding the death OR  SERIOUS  INJURY  of  any  incarcerated
 individual,  the board shall submit its report thereon to the commission
 and  to  the  governor,  the  chairman  of  the  assembly  committee  on
 correction  and  the  chairman of the senate committee on crime victims,
 crime and correction and, where  appropriate,  make  recommendations  to
 prevent the recurrence of such deaths OR SERIOUS INJURIES to the commis-
 sion and the administrator of the appropriate correctional facility. The
 report  provided to the governor, the chairman of the assembly committee
 on correction and the chairman of the senate committee on crime victims,
 crime and correction shall not be redacted except as otherwise  required
 A. 8461--A                          6
 
 to protect confidential medical records and behavioral health records in
 accordance with state and federal laws, rules, and regulations.
   (e)  (i)  Investigate and report to the commission on the condition of
 systems for the delivery of medical care to incarcerated individuals  of
 correctional  facilities and where appropriate recommend such changes as
 it shall deem necessary and proper to improve the quality and availabil-
 ity of such medical care.
   (ii) The board shall be responsive to inquiries from the next  of  kin
 and  other  person  designated  as  a representative of any incarcerated
 individual whose death OR SERIOUS INJURY takes place during custody in a
 state correctional facility regarding the circumstances surrounding  the
 death  OR SERIOUS INJURY of such incarcerated individual. Contact infor-
 mation for the next  of  kin  and  designated  representative  shall  be
 provided  by  the  department  to  the  board from the emergency contact
 information previously provided by the incarcerated  individual  to  the
 department.
   2.  Every  administrator  of a correctional facility shall immediately
 report to the board the death OR SERIOUS INJURY of an incarcerated indi-
 vidual of any such facility in such manner and form as the  board  shall
 prescribe, together with an autopsy report, OR IN CASES OF SERIOUS INJU-
 RY A PHYSICIAN'S REPORT.
   § 7. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A8461A

Share this bill

Sponsored By

GALLAGHER