Senate Bill S9401

2021-2022 Legislative Session

Relates to correctional facility visits by the correctional association

download bill text pdf

Sponsored By

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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2021-S9401 (ACTIVE) - Details

See Assembly Version of this Bill:
A10678
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §146, Cor L
Versions Introduced in 2023-2024 Legislative Session:
S312, A6489

2021-S9401 (ACTIVE) - Summary

Relates to correctional facility visits by the correctional association; authorizes the correctional association to visit correctional facilities at any time and without advance notice; requires reports to be published on the department of corrections and community supervision websites.

2021-S9401 (ACTIVE) - Sponsor Memo

2021-S9401 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9401
 
                             I N  S E N A T E
 
                               May 24, 2022
                                ___________
 
 Introduced by Sens. SALAZAR, BIAGGI, BRISPORT, CLEARE, RIVERA, SEPULVEDA
   -- 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 correctional facility
   visits by the correctional association
 
   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
 amended  by  chapter  32  of  the  laws  of  2021, 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 ON ANY DAY
 AT ANY TIME OF  DAY  AND  WITHOUT  ADVANCE  NOTICE,  to  access,  visit,
 inspect, and examine all state correctional facilities [with seventy-two
 hours  advance  notice  to  the  department] AND ALL FACILITIES IN WHICH
 PEOPLE UNDER THE CUSTODY OR SUPERVISION OF THE DEPARTMENT ARE BEING HELD
 OR USED FOR OPERATIONAL PURPOSES, INCLUDING, BUT  NOT  LIMITED  TO,  THE
 CENTRAL  NEW  YORK PSYCHIATRIC CENTER.  Up to twelve people may comprise
 the visiting party[; provided, however, that only four people  from  the
 party  may  enter  a special housing facility or unit at the same time].
 THE CORRECTIONAL ASSOCIATION SHALL HAVE UNFETTERED ACCESS TO EVERY  AREA
 OF  THE  FACILITIES  WITHOUT  DEPARTMENT  ESCORT.  THE  DEPARTMENT SHALL
 PROVIDE ESCORT WHENEVER REQUESTED BY THE CORRECTIONAL ASSOCIATION. Prior
 to the visitation authorized pursuant to this subdivision,  the  correc-
 tional  association  shall  provide  to  the department 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, WHICH SHALL  NOT
 BE  UNREASONABLY  DISAPPROVED  AND  ANY OBJECTIONS MUST BE PROVIDED IN A
 TIMELY MANNER. THE  CORRECTIONAL  ASSOCIATION  MAY  FROM  TIME  TO  TIME
 SUPPLEMENT  THE  LIST OF VISITORS BY PROVIDING THE SAME INFORMATION WITH
 THE SAME PROMPT BACKGROUND CHECK AND DISAPPROVAL REQUIREMENTS.    DURING
 ALL  VISITS,  THE  CORRECTIONAL  ASSOCIATION  SHALL  BE GIVEN UNFETTERED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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