NY State Senate Bill 2021-S8120

Senate Bill S8120

2021-2022 Legislative Session

Relates to the construction or improvement of correctional facilities and the care, custody, correction, treatment, supervision, discipline, and other correctional programs in such facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2022	referred to crime victims, crime and correction

2021-S8120 (ACTIVE) - Details

See Assembly Version of this Bill:: A1962
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §45, Cor L
Versions Introduced in 2019-2020 Legislative Session:: A10641

2021-S8120 (ACTIVE) - Summary

Relates to the promulgation of rules and regulations establishing minimum standards for the construction or improvement of correctional facilities and the care, custody, correction, treatment, supervision, discipline, and other correctional programs for all persons confined in such facilities; allows counties flexibility in establishing minimum staffing ratios.

2021-S8120 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8120

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the correction law, in relation to the minimum standards
for the construction or improvement of correctional facilities and the
care, custody, correction, treatment, supervision, discipline, and other
correctional programs for all persons confined in such facilities

 
PURPOSE OF THE BILL:

To grant counties the flexibility to reduce jail staffing as the jail
census continues to decline.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill amends subdivision 6 of section 45 of the
Corrections Law to grant counties the flexibility in establishing mini-
mum staffing ratios. The State Commission on Corrections must coordinate
with local jail administrators, county chief elected or appointed offi-
cials and county sheriffs in establishing minimum standards.

Section two of this bill sets the effective date.

 
JUSTIFICATION:

Across the State of New York, the jail census continues to decline.  The
New York State Division of Criminal Justice Services reported in June
2020 that the census across the entire state was 11,259, a 44.5% decline
from this time last year when the census was 20,280. This trend has been
magnified by recent criminal justice reform legislation that was enacted
in 2018 and 2019.

As a result of these reforms and a decline in jail census, many county
jails have more correctional staff than the facility needs.  Regulations
set by the Commission on Corrections have not kept pace with recent
reforms.

Due to the economic fallout of the COVID-19 pandemic coupled with
renewed energy to reform our criminal justice system, this legislation
will grant counties the flexibility to reduce jail staffing levels as
well as provide a vehicle for counties to aid in the efforts to make our
criminal justice system more equitable and just.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A.10641. VK-12/20

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State. Counties will see savings if they take steps to
reduce overstaffing at local jails.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8120 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8120
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 the minimum standards
   for the construction or improvement of correctional facilities and the
   care,  custody,  correction,  treatment,  supervision, discipline, and
   other correctional programs for all persons confined in  such  facili-
   ties
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section  45  of  the  correction  law,  as
 amended  by  section  7  of part Q of chapter 56 of the laws of 2009, is
 amended to read as follows:
   6. Promulgate rules and regulations IN COORDINATION  WITH  LOCAL  JAIL
 ADMINISTRATORS,  COUNTY  CHIEF  ELECTED OR APPOINTED OFFICIAL AND COUNTY
 SHERIFFS  establishing  minimum  standards  for  the   review   of   the
 construction  or  improvement  of  correctional facilities and the care,
 custody,  correction,  treatment,  supervision,  discipline,  and  other
 correctional  programs  for all persons confined in correctional facili-
 ties. Such rules and regulations shall ALLOW COUNTIES THE FLEXIBILITY IN
 ESTABLISHING MINIMUM STAFFING RATIOS  AND  SUCH  RULES  AND  REGULATIONS
 SHALL  be  forwarded  to  the  governor,  the temporary president of the
 senate and the speaker of the assembly  no  later  than  January  first,
 nineteen hundred seventy-six and annually thereafter.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05264-01-1

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