S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    876
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. JONES, GOTTFRIED, GUNTHER, MONTESANO, DiPIETRO,
   COOK, B. MILLER, MANKTELOW -- read once and referred to the  Committee
   on Correction
 
 AN  ACT to amend the correction law, in relation to adequate staffing at
   correctional facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 112 of the correction law, as amended by section 19
 of subpart A of part C of chapter 62 of the laws of 2011 and subdivision
 5  as  added  by  chapter 211 of the laws of 2020, is amended to read as
 follows:
   § 112. Powers and duties  of  commissioner  relating  to  correctional
 facilities   and   community   supervision.   1.  The  commissioner  [of
 corrections and community supervision] shall have  the  superintendence,
 management  and control of the correctional facilities in the department
 and of the inmates confined therein, and of all matters relating to  the
 government, discipline, policing, contracts and fiscal concerns thereof.
 HE OR SHE SHALL HAVE THE RESPONSIBILITY TO ENSURE THAT ADEQUATE STAFFING
 EXISTS  AT  EVERY CORRECTIONAL FACILITY PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION. He or she shall have the power and it shall be his or  her
 duty to inquire into all matters connected with said correctional facil-
 ities.  He or she shall make such rules and regulations, not in conflict
 with the statutes of this state, for the government of the officers  and
 other  employees  of  the department assigned to said facilities, and in
 regard to the duties to be performed by them, and for the government and
 discipline of each correctional facility, as he or she may deem  proper,
 and  shall cause such rules and regulations to be recorded by the super-
 intendent of the facility, and a copy thereof to be  furnished  to  each
 employee  assigned  to  the  facility.  He or she shall also prescribe a
 system of accounts and records to be kept at each correctional facility,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05432-01-1

 A. 876                              2
 
 which system shall be uniform at all of said facilities, and he  or  she
 shall  also  make  rules and regulations for a record of photographs and
 other means of identifying each inmate received into said facilities. He
 or  she  shall  appoint and remove, subject to the civil service law and
 rules, subordinate officers and other employees of  the  department  who
 are assigned to correctional facilities.
   2.  The  commissioner shall have the management and control of persons
 released on community supervision and of all matters  relating  to  such
 persons'  effective reentry into the community, as well as all contracts
 and fiscal concerns thereof. The commissioner shall have the  power  and
 it  shall  be his or her duty to inquire into all matters connected with
 said community supervision. The commissioner shall make such  rules  and
 regulations,  not  in  conflict with the statutes of this state, for the
 governance of  the  officers  and  other  employees  of  the  department
 assigned  to  said community supervision, and in regard to the duties to
 be performed by them, as he or she deems proper  and  shall  cause  such
 rules  and  regulations  to  be  furnished  to each employee assigned to
 perform community supervision. The commissioner shall also  prescribe  a
 system  of  accounts and records to be kept, which shall be uniform. The
 commissioner shall also make rules  and  regulations  for  a  record  of
 photographs  and  other  means  of  identifying  each inmate released to
 community supervision. The commissioner shall appoint officers and other
 employees of the department who are assigned to perform community super-
 vision.
   3. THE COMMISSIONER SHALL ESTABLISH A STAFFING PLAN FOR ALL  UNIFORMED
 AND NON-UNIFORMED EMPLOYEES. WITH REGARD TO UNIFORMED STAFF, THE COMMIS-
 SIONER  SHALL  ESTABLISH A STAFFING PLAN WHICH SHALL INCLUDE, BUT NOT BE
 LIMITED TO, THE FOLLOWING FACTORS:
   (A) THE NUMBER OF  TOTAL  SECURITY  POSTS  THAT  MUST  BE  STAFFED  BY
 CORRECTION OFFICERS AND CORRECTIONAL SERGEANTS BY CORRECTIONAL FACILITY.
 THESE  POSTS  SHALL  BE DELINEATED BY THOSE THAT ARE NECESSARY FIVE DAYS
 PER WEEK AND SEVEN DAYS PER WEEK.
   (B) THE STAFFING PLAN SHALL REQUIRE THAT EVERY POST BE STAFFED USING A
 RATIO OF AT LEAST 1.75 CORRECTION OFFICERS FOR EVERY SEVEN DAY POST  AND
 A  RATIO  OF  AT  LEAST 1.25 CORRECTION OFFICERS FOR EACH FIVE DAY POST.
 NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AUTHORIZE A REDUCTION  IN
 THE RATIO OF OFFICERS IN FACILITIES WHICH ALREADY MAINTAIN A RATIO OF AT
 LEAST  1.75  OFFICERS AND 1.25 OFFICERS FOR SEVEN DAY POSTS AND FIVE DAY
 POSTS, RESPECTIVELY.
   (C) THE COMMISSIONER SHALL PROVIDE A COPY OF SUCH STAFFING PLAN TO THE
 CHAIRS  OF  THE  SENATE  FINANCE,  SENATE  CRIME  VICTIMS,   CRIME   AND
 CORRECTION,  ASSEMBLY  WAYS AND MEANS AND ASSEMBLY CORRECTION COMMITTEES
 BY DECEMBER THIRTY-FIRST OF EACH YEAR. SUCH REPORT  SHALL  ALSO  PROVIDE
 DETAILED  INFORMATION  REGARDING  HOW  THE STAFFING PLAN WAS IMPLEMENTED
 DURING THE CURRENT FISCAL YEAR. THIS INFORMATION SHALL INCLUDE:
   (I) THE NUMBER OF CORRECTION OFFICERS AND  SERGEANTS  BY  CORRECTIONAL
 FACILITY THAT THE STAFFING PLAN REQUIRED AS WELL AS THE ACTUAL NUMBER OF
 CORRECTION  OFFICERS  AND  SERGEANTS THAT WERE AVAILABLE BY CORRECTIONAL
 FACILITY DURING THE CURRENT FISCAL YEAR. IN  THE  EVENT  THE  DEPARTMENT
 DEVIATED  FROM THE STAFFING PLAN, THE COMMISSIONER SHALL PROVIDE DETAILS
 ON WHY THE STAFFING PLAN WAS NOT IMPLEMENTED  AS  REQUIRED  PURSUANT  TO
 THIS SECTION;
   (II) THE NUMBER OF POSTS INCLUDED IN THE STAFFING PLAN FOR EACH FACIL-
 ITY  THAT  HAVE  BEEN  CLOSED ON A DAILY BASIS, BY CORRECTIONAL FACILITY
 SECURITY CLASSIFICATION (MINIMUM, MEDIUM AND MAXIMUM);

 A. 876                              3
 
   (III) THE NUMBER OF SECURITY POSITIONS NOT  FILLED  AND  THOSE  ELIMI-
 NATED,  BY  CORRECTIONAL FACILITY SINCE TWO THOUSAND ONE COMPARED TO THE
 NUMBER OF INMATES INCARCERATED IN EACH SUCH FACILITY; AND
   (IV)  A  BREAKDOWN  BY  CORRECTIONAL  FACILITY SECURITY CLASSIFICATION
 (MINIMUM, MEDIUM, AND MAXIMUM) OF THE STAFF HOURS OF OVERTIME WORKED, BY
 YEAR SINCE TWO THOUSAND ONE AND THE ANNUAL AGGREGATE  COSTS  RELATED  TO
 THIS  OVERTIME.  IN ADDITION, SUCH REPORT SHALL BE DELINEATED BY CORREC-
 TIONAL FACILITY SECURITY CLASSIFICATION, THE ANNUAL NUMBER  OF  SECURITY
 POSITIONS  ELIMINATED,  THE  NUMBER  OF CLOSED POSTS AND AMOUNT OF STAFF
 HOURS OF OVERTIME ACCRUED AS WELL AS THE OVERALL  OVERTIME  EXPENDITURES
 THAT RESULTED.
   4. The commissioner may require reports from the superintendent or any
 other officer or employee of the department assigned to any correctional
 facility  or  to perform community supervision in relation to his or her
 conduct as such officer or employee, and shall have the power to inquire
 into any improper conduct which may be alleged to have been committed by
 any person at any correctional facility or in the course of his  or  her
 performance  of  community  supervision,  and  for that purpose to issue
 subpoenas to compel the attendance  of  witnesses,  and  the  production
 before him or her of books, writings and papers. A subpoena issued under
 this section shall be regulated by the civil practice law and rules.
   [4.]  5. The commissioner and the chair of the parole board shall work
 jointly to develop and implement, as soon as  practicable,  a  risk  and
 needs  assessment  instrument or instruments, which shall be empirically
 validated, that would be administered to inmates upon reception  into  a
 correctional facility, and throughout their incarceration and release to
 community supervision, to facilitate appropriate programming both during
 an  inmate's  incarceration  and  community supervision, and designed to
 facilitate the successful integration of inmates into the community.
   [5.] 6. (a) The commissioner shall not make or promulgate  any  policy
 and/or  regulation  requiring  an  inmate  to waive any religious right,
 including, but not limited to, daily prayer as a condition  for  partic-
 ipation  in  any  inmate  program  including  any such program developed
 and/or implemented pursuant to subdivision four of this section  includ-
 ing,  but  not limited to, the shock program and the industrial training
 program.
   (b) Upon request, inmates shall be granted exemptions for  activities,
 including   jobs,   that  coincide  with  the  Sabbath  and  other  work
 proscription days, including those set forth in the religious calendar.
   § 2. This act shall take effect immediately.