NY State Senate Bill 2021-S8161

Senate Bill S8161

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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 27, 2022	referred to crime victims, crime and correction

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2021-S8161 (ACTIVE) - Details

See Assembly Version of this Bill:: A8461
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§40, 41, 45, 46, 43 & 47, Cor L
Versions Introduced in 2023-2024 Legislative Session:: S626, S5877, A5709

2021-S8161 (ACTIVE) - 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-S8161 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8161

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the correction law, in relation to the membership of the
state commission of correction and to inspection and procedures applica-
ble to unsafe or unsanitary correctional facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill expands the enforcement and oversight capacity of the state
commission of correction to facilitate greater compliance and safety
within New York's correctional facilities.

 
SUMMARY OF PROVISIONS:

Section one adds a definition of "serious injury" to article 3 of the
correction law and defines such term as it is defined in section 5102 of
the insurance law.

Section two amends section 41 of the correction law to add six commis-

sioners to the state commission of correction and restructures the
apportionment of appointments. Two commissioners shall be appointed by
the governor, two by the Assembly, two by the Senate, two by the Attor-
ney General, and one by the Correctional Association of New York. Addi-
tionally, at least one member of the commission shall be a formerly
incarcerated person and at least one member shall have a background in
public health. No more than three members shall have backgrounds in law
enforcement, criminal prosecution, or corrections, and the number of
commissioners with such background shall never be greater than the
number of commissioners with backgrounds in criminal defense, indigent
legal services, prisoner's rights litigation, and public legal services.
All appointments must be on advice and consent of the Senate in order to
ensure that the appointments meet these criteria. The commission is
empowered to appoint its own chairman and if a vacancy on the commission
lasts longer than 180 days the commission may fill the vacancy on its
own motion. A new subdivision is added that requires that the commission
is funded with at least 2% of the budget allocated annually for the
Department of Corrections and Community Supervision.

Section three amends section 45 of the correction law to specify that
the commission's inspections of correctional facilities shall be on an
annual basis and shall not be contingent upon workload, available
resources, or staffing. Additionally, the commission is prohibited from
notifying correctional facilities in advance of its schedule for
inspections unless such notification is necessary to fulfill its duties.

 
JUSTIFICATION:

The State Commission of Correction was substantially reformed by chapter
865 of the laws of 1975 in response to riots at jails and prisons in New
York, including the Attica prison uprising.  The bill jacket for that
law states that its purpose is to create "a full-time and vigorous
watchdog organization to oversee the performance of the State and local
correctional system." The Attica uprising was of course in response to
deplorable conditions at the Attica state prison. When the state retook
control of Attica state prison, law enforcement had shot at least 128
people and killed nine hostages and twenty-nine incarcerated people.
Today, incarcerated people at local and State correctional facilities
once again face deplorable conditions that shock the conscience and fail
to meet or exceed acceptable standards, leading to the deaths of incar-
cerated people in the custody of the state of New York and violations of
the constitutional rights of New Yorkers in state custody. This lapse,
including the ongoing humanitarian crisis at Rikers Island, is in part
due to the State Commission of Correction's slow abdication of its stat-
utory duties over recent decades, which in part has also resulted from
reductions in its annual budget. A State comptroller's audit of the SCOC
in 2006 found that due to reductions in funding, the SCOC had altogether
stopped inspecting State prisons in the 1990s, leaving the Correctional
Association of New York, with a staff of six people, as the sole remain-
ing independent oversight agency for a State prison system with between
47,000 and 77,000 people in its custody across more than 50 facilities.

At many State and local correctional facilities, the spread of COVID-19
has been uncontrolled. At Rikers Island, incarcerated people have been
forced to participate in "fight nights" under the watch of correctional
officers. Unauthorized uses of force have been uncontrolled and violence
has been rampant. In 2021, 16 people died in the custody of the New York
City Department of Corrections. In the summer of 2021, incarcerated
people on Rikers Island were crammed into small cells and given plastic
bags to urinate and defecate in.  Many were denied essential medical
services, and incarcerated people under suicide watch went unsupervised.
Some housing units on Rikers Island have been entirely unsupervised and
in some instances have been controlled by gangs. Incarcerated people at
Rikers Island have even missed their court appearances due to the
mismanagement of the facility, undermining the sole purpose of pre-trial
detention. At some correctional facilities elsewhere in the state,
suicide attempts by incarcerated people have increased dramatically. It
is clear that the State Commission of Correction is failing as a "a
fulltime and vigorous watchdog organization to oversee the performance
of the State and local correctional system."

This bill would implement a series of reforms- to empower and restore
the vigorous independent watchdog status of the State Commission of
Correction. The bill makes many of the commission's enforcement powers
mandatory instead of discretionary, heightens reporting requirements,
and broadens the participation of various government branches and stake-
holders in the appointment of commissioners. It also broadens the back-
grounds of commissioners in order to reduce potential conflicts of
interest. The bill makes the commission's annual funding a minor
percentage of the state prison system's annual allocation to ensure that
the commission's funding is always commensurate and proportional to the
size of New York's correctional system and that the commission has the
funding necessary to annually inspect each of New York's hundreds of
State and local correctional facilities.

Ultimately, New York's correctional facilities should be expected to
comply with minimum standards and constitutional obligations, or else
they are not fit to operate. A more powerful commission will save lives
and avoid costly litigation over unsafe conditions, injuries and deaths,
and violations of constitutional rights in New York's correctional
facilities. A safer correctional system will also protect the safety of
corrections officers employed in such facilities.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS: TO STATE AND LOCAL GOVERNMENTS:

An appropriation of two percent of the Department of Corrections and
Community Supervision's budget for the budget of the State Commission of
Correction would increase the annual allocation for the State Commission
of Correction by $59,868,580 above current levels to a total of
$62,345,580, based on 2021-2022 funding levels for both agencies.
Increases or reductions in the annual appropriation for DOCCS would
increase or reduce the appropriation for the SCOC by a proportional
amount.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8161 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8161
 
                             I N  S E N A T E
 
                             January 27, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 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-
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13287-12-2
 S. 8161                             2
 
 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
 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
 S. 8161                             3
 
 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
 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.
 S. 8161                             4
 
   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
 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
 S. 8161                             5
 
 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
 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
 S. 8161                             6
 
 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.

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Senate Bill S8161

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Sponsored By

Brad Hoylman-Sigal