S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    875
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to  amend  the  correction law, in relation to the correctional
   association's ability to access, visit, inspect, and examine all state
   correctional facilities; and to amend a chapter of the  laws  of  2020
   amending  the  correction  law relating to permitting the correctional
   association to access, visit, inspect, and examine all  state  correc-
   tional  facilities,  as  proposed in legislative bills numbers S. 8046
   and A. 10194, in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section 146 of the correction law, as
 added by a chapter of the laws  of  2020  amending  the  correction  law
 relating  to  permitting  the correctional association to access, visit,
 inspect, and examine all state correctional facilities, as  proposed  in
 legislative  bills  numbers  S. 8046 and A. 10194, is amended 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] WITH SEVENTY-TWO HOURS 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 depart-
 ment solely for supervisory or disciplinary purposes,  the  correctional
 association  shall  be given unfettered access to all paper, electronic,
 and digital records, including 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07163-01-1

 S. 875                              2

 mental hygiene law or federal law.]; PROVIDED, HOWEVER, THAT  ONLY  FOUR
 PEOPLE  FROM  THE  PARTY MAY ENTER A SPECIAL HOUSING FACILITY OR UNIT AT
 THE SAME TIME. PRIOR TO  THE  VISITATION  AUTHORIZED  PURSUANT  TO  THIS
 SUBDIVISION,  THE  CORRECTIONAL ASSOCIATION SHALL PROVIDE TO THE DEPART-
 MENT ON, AT LEAST, AN ANNUAL BASIS A LIST OF PEOPLE WHO WILL BE VISITING
 THE FACILITY OR FACILITIES, INCLUDING NAMES, DATES  OF  BIRTH,  DRIVER'S
 LICENSE  NUMBERS  AND THEIR DESIGNATION AS AN EMPLOYEE, BOARD MEMBER, OR
 DESIGNEE IN ORDER  FOR  THE  DEPARTMENT  TO  PERFORM  PROMPT  BACKGROUND
 CHECKS.  The  department may [not] place restrictions on such visits and
 inspections[, including during periods] when [facilities are] A FACILITY
 IS locked down[, although they may restrict access to  a  portion  of  a
 facility  in  emergency situations for the duration of the emergency] OR
 EXPERIENCING A FACILITY WIDE EMERGENCY. IN ADDITION, THE DEPARTMENT  MAY
 RESTRICT ACCESS TO A PORTION OF A FACILITY IN AN EMERGENCY SITUATION FOR
 THE  DURATION OF THE EMERGENCY.  FOR THE PURPOSE OF THIS SUBDIVISION, AN
 EMERGENCY SHALL BE DETERMINED BY THE COMMISSIONER OR HIS OR HER DESIGNEE
 AND DEFINED AS A SIGNIFICANT RISK TO  THE  SAFETY  OR  SECURITY  OF  THE
 FACILITY,  OR  THE  HEALTH,  SAFETY OR SECURITY OF STAFF OR INCARCERATED
 INDIVIDUALS, OR AN EVENT THAT SIGNIFICANTLY COMPROMISES  THE  OPERATIONS
 OF THE FACILITY.
   b.  Upon  twenty-four hours advance notice, at the commencement of any
 visits to, or inspections and examinations of, state correctional facil-
 ities, the superintendent and executive team, to the  extent  [possible]
 PRACTICABLE,  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] INCARCERATED INDIVIDUALS RECOGNIZED BY THE DEPARTMENT.
   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[,] OR any incarcerated individ-
 ual[,  and  any  other person providing services in a state correctional
 facility, 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]
 ANY INCARCERATED INDIVIDUAL 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,  IN  ANY  MANNER  UNREASONABLE  UNDER THE CIRCUMSTANCES. The
 correctional association shall have the power to conduct private, confi-
 dential meetings [at their pleasure and without notice  to  the  depart-
 ment]  REASONABLE  IN  NUMBER  UNDER THE CIRCUMSTANCES 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

 S. 875                              3

 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.]  THE  CORRECTIONAL  ASSOCIATION
 SHALL  PERIODICALLY,  BUT  NOT  LESS  THAN  EVERY  FIVE  YEARS,  CONDUCT
 INSPECTIONS OF EACH STATE CORRECTIONAL FACILITY AND SHALL ISSUE  REPORTS
 AND  RECOMMENDATIONS  TO  THE  GOVERNOR,  THE LEGISLATURE AND THE PUBLIC
 ABOUT THE CONDITIONS AND ISSUES AT EACH SUCH  FACILITY.  WHEN  PREPARING
 SUCH  FORMAL  REPORTS  AND RECOMMENDATIONS, THE CORRECTIONAL ASSOCIATION
 SHALL SUBMIT A TENTATIVE COPY OF SUCH REPORT AND RECOMMENDATIONS TO  THE
 COMMISSIONER.  THE  COMMISSIONER  MAY  SUBMIT A WRITTEN RESPONSE TO SUCH
 TENTATIVE REPORT WITHIN SIXTY DAYS OF  THE  RECEIPT  THEREOF.  WHEN  THE
 CORRECTIONAL  ASSOCIATION THEREAFTER SUBMITS ITS FINAL REPORT AND RECOM-
 MENDATIONS, IT SHALL CONTAIN A COMPLETE COPY OF THE  RESPONSE,  IF  ANY,
 SUBMITTED TO THE TENTATIVE REPORT AND RECOMMENDATIONS.
   [f.]  E.  The  correctional  association may send surveys or question-
 naires to people in custody  concerning  conditions  of  confinement  or
 other  subjects within THE SCOPE OF their mission without prior approval
 of the department. [The department shall distribute  such  surveys  when
 requested by the correctional association.] The correctional association
 may also receive phone calls from incarcerated individuals and/or set up
 a  hotline  for [such individuals to contact them] INDIVIDUALS TO USE IF
 THEY CHOOSE TO CONTACT THEM.
   [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.]  F.  THE INSPECTION OF STATE
 CORRECTIONAL FACILITIES BY THE CORRECTIONAL ASSOCIATION PURSUANT TO THIS
 SUBDIVISION SHALL BE UNDERTAKEN SOLELY IN FURTHERANCE OF THE CORRECTION-
 AL ASSOCIATION'S LAWFUL POWERS, DUTIES AND OBLIGATIONS, AND  INFORMATION
 OBTAINED PURSUANT TO THESE POWERS SHALL BE USED SOLELY IN FURTHERANCE OF
 THE  CORRECTIONAL  ASSOCIATION'S  MISSION.  EMPLOYEES, BOARD MEMBERS AND
 DESIGNEES SHALL BE REQUIRED TO SIGN A WAIVER AS  A  CONDITION  OF  ENTRY
 INTO A CORRECTIONAL FACILITY PURSUANT TO THIS SUBDIVISION.
   §  2.  Section  3  of  a  chapter  of  the  laws  of 2020 amending the
 correction law relating to permitting the  correctional  association  to

 S. 875                              4
 
 access,  visit,  inspect, and examine all state correctional facilities,
 as proposed in legislative bills  numbers  S.  8046  and  A.  10194,  is
 amended to read as follows:
   §  3. This act shall take effect on the [ninetieth] ONE HUNDRED EIGHT-
 IETH day after it shall have become a law.
   § 3. This  act  shall  take  effect  immediately,  provided,  however,
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of 2020 amending the correction law
 relating to permitting the correctional association  to  access,  visit,
 inspect,  and  examine all state correctional facilities, as proposed in
 legislative bills numbers S. 8046 and A. 10194, takes effect.