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.
LBD15882-01-2
S. 9401 2
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 CORRECTIONAL FACILITY, INCLUDING
RECORDS CONCERNING INCARCERATED INDIVIDUALS, EXCEPT FOR RECORDS THAT ARE
PROTECTED FROM DISCLOSURE UNDER STATE OR FEDERAL LAW. AT ALL TIMES
DURING ALL VISITS AND INSPECTIONS, THE CORRECTIONAL ASSOCIATION SHALL BE
PERMITTED TO USE RELEVANT ELECTRONIC EQUIPMENT, INCLUDING BUT NOT LIMIT-
ED TO, AUDIO AND VIDEO RECORDING DEVICES, CAMERAS, AND COMPUTERS AND
TABLETS FOR PURPOSES OF TYPING, RECORDING, DOCUMENTATION, THE ADMINIS-
TRATION OF SURVEYS, AND OTHER RELATED PURPOSES, AS WELL AS RELEVANT
INSTRUMENTS OF MEASUREMENT, INCLUDING BUT NOT LIMITED TO THOSE USED FOR
MEASURING DISTANCE, SOUND DECIBELS, TEMPERATURE, AND AIR QUALITY. The
department may NOT place restrictions on such visits and inspections,
INCLUDING DURING PERIODS when a facility is locked down 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 emer-
gency 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 facili-
ty] EXCEPT IN EXTRAORDINARY CIRCUMSTANCES IN WHICH THERE IS EXPLICIT
EVIDENCE THAT THERE IS A SPECIFIC, SERIOUS RISK TO THE SAFETY OF THE
CORRECTIONAL ASSOCIATION VISITING TEAM IF THEY ENTER THE FACILITY EVEN
IF SECURITY STAFF ACCOMPANIES THEM DURING THE VISIT.
b. [Upon twenty-four hours advance notice, at] AT the commencement AND
CONCLUSION of any visits to, or inspections and examinations of, state
correctional facilities, the superintendent and executive team, [to the
extent practicable] UPON REQUEST BY THE CORRECTIONAL ASSOCIATION, shall
meet with the correctional association[. Upon twenty-four hours advance
notice, the] PRIVATELY WITHOUT REPRESENTATIVES OF THE CENTRAL OFFICE
PRESENT. REPRESENTATIVES OF THE OFFICE OF MENTAL HEALTH AND ANY OTHER
ENTITIES OR AGENCIES PROVIDING SERVICES IN A FACILITY SHALL MEET WITH
THE CORRECTIONAL ASSOCIATION UPON REQUEST. THE correctional association
may meet privately with the inmate liaison committee and representatives
of the inmate grievance resolution committee or any other organization
of 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] THE correctional
association shall have the power to interview and converse publicly or
confidentially with any correctional employee or ADMINISTRATOR, any
incarcerated individual, AND ANY OTHER PERSON PROVIDING, SUPERVISING, OR
MONITORING SERVICES IN A CORRECTIONAL FACILITY, WHETHER OR NOT EMPLOYED
BY SUCH FACILITY. Such interviews shall not be restricted by the depart-
ment OR THE OFFICE OF MENTAL HEALTH ANY OTHER AGENCY or attended by
anyone on behalf of the department OR THE OFFICE OF MENTAL HEALTH OR ANY
OTHER AGENCY, nor shall there be any retaliation or adverse action taken
by the department or other state agency against [any incarcerated indi-
vidual] ANYONE who [agrees to speak] SPEAKS with the correctional asso-
ciation. The department may not limit the number of individuals the
correctional association may interview or the duration of the inter-
views[, in any manner unreasonable under the circumstances]. The
correctional association shall have the power to conduct private, confi-
dential meetings [reasonable in number under the circumstances] AT THEIR
PLEASURE AND WITHOUT NOTICE TO THE DEPARTMENT with incarcerated people
S. 9401 3
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 SHALL BE PROVIDED WITHIN FOURTEEN
DAYS OF ANY REQUEST TO THE DEPARTMENT OR OTHER AGENCY WITH RECORDS RELE-
VANT TO CORRECTIONAL FACILITIES, BY MAIL AND ELECTRONICALLY IN EASILY
SEARCHABLE AND USABLE FORMATS, SUCH PAPER, ELECTRONIC, AND DIGITAL
RECORDS THAT ARE NOT OTHERWISE PROTECTED FROM DISCLOSURE BY STATE OR
FEDERAL LAW 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, INCLUDING POLICIES, PRACTICES, AND PROCEDURES
RELATING TO STAFF TRAINING AND RECRUITMENT, SO AS TO ENABLE THE CORREC-
TIONAL ASSOCIATION TO CARRY OUT ITS MISSION AND DUTIES.
E. The correctional association shall periodically[, but not less than
every five years,] conduct inspections of [each state] correctional
[facility] FACILITIES, PRIORITIZED BASED ON THE CORRECTIONAL ASSOCI-
ATION'S ASSESSMENT OF SYSTEMIC ISSUES, and [shall] issue reports and
recommendations to the governor, the legislature and the public about
the conditions and issues at [each such facility] CORRECTIONAL FACILI-
TIES. 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], AND, IF
THE CORRECTIONAL ASSOCIATION SO CHOOSES, TO THE COMMISSIONER OF MENTAL
HEALTH, COMMISSIONER OF THE PAROLE BOARD, COMMISSIONER OF THE DEPARTMENT
OF HEALTH, AND ANY OTHER RELEVANT COMMISSIONERS OR ADMINISTRATORS. ALL
COMMISSIONERS RECEIVING SUCH REPORT SHALL submit a written response to
such tentative report within [sixty] THIRTY days of the receipt thereof,
INCLUDING A PLAN OF ACTION FOR ADDRESSING THE FINDINGS AND RECOMMENDA-
TIONS. When the correctional association thereafter submits its final
report and recommendations, it shall contain a complete copy of the
response, if any, submitted to the tentative report and recommendations.
THE DEPARTMENT, THE OFFICE OF MENTAL HEALTH, THE PAROLE BOARD, THE
DEPARTMENT OF HEALTH AND ANY OTHER AGENCY THAT RECEIVED RECOMMENDATIONS
SHALL IMPLEMENT THEIR PLAN OF ACTION AND SHALL PUBLICLY REPORT ON THE
PROGRESS OF SUCH PLAN WITHIN SIXTY DAYS OF THE CORRECTIONAL ASSOCI-
ATION'S FINAL REPORT.
[e.] F. The correctional association may send, AND DISTRIBUTE DURING
PRISON VISITS, CONFIDENTIAL WRITTEN AND ELECTRONIC surveys or question-
naires to people in custody OR EMPLOYEES concerning conditions of
confinement, WORKING CONDITIONS, or other subjects within the scope of
their mission without prior approval of the department. PEOPLE INCAR-
CERATED SHALL BE PERMITTED TO CONFIDENTIALLY COMPLETE AND RETURN TO THE
CORRECTIONAL ASSOCIATION SUCH SURVEYS EITHER IN WRITTEN FORMAT OR ELEC-
TRONICALLY. The correctional association may also receive FREE CONFIDEN-
TIAL phone calls AND EMAILS from incarcerated individuals and/or set up
a CONFIDENTIAL hotline for individuals to use if they choose to contact
them.
[f.] G. THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE OF MENTAL
HEALTH, THE DEPARTMENT OF HEALTH, THE PAROLE BOARD, THE OFFICE OF
SPECIAL INVESTIGATIONS, AND ANY OTHER RELEVANT AGENCY, SHALL PUBLICLY
REPORT ON ITS WEBSITE ON A MONTHLY BASIS, AND WITH SEMI-ANNUAL AND ANNU-
AL CUMULATIVE REPORTS, WITH A WORD SEARCHABLE DATABASE AND CUMULATIVE
SUBJECT MATTER INDEX, DATA RELEVANT TO THE CONDITIONS AND EXPERIENCES OF
S. 9401 4
PEOPLE IN CORRECTIONAL FACILITIES, WITH ANY PERSONAL IDENTIFYING INFOR-
MATION REDACTED, INCLUDING BUT NOT LIMITED TO: ALL DATA ON INDIVIDUALS
UNDER CUSTODY; DEPARTMENT DAILY POPULATION DATA; ALL DATA ON PEOPLE
UNDER COMMUNITY SUPERVISION INCLUDING BUT NOT LIMITED TO AS RELATED TO
SENTENCE, AGGREGATE TIME ON PAROLE, AND LOCATION; ALL DATA ON DEATHS,
SUICIDES AND INCIDENTS OF SELF-HARM AND ATTEMPTED SUICIDE; PAROLE BOARD
HEARINGS, RELEASE DECISIONS, AND APPEALS ALL DISAGGREGATED BY BASIS FOR
THE REVOCATION, OUTCOME, AND LOCATION; GRIEVANCES AGGREGATED BY TYPE AND
OUTCOME; PRISON RAPE ELIMINATION ACT COMPLAINTS DISAGGREGATED BY TYPE
AND OUTCOME; DISCIPLINARY DATA DISAGGREGATED BY TYPE AND OUTCOME; UNUSU-
AL INCIDENTS DISAGGREGATED BY TYPE AND OUTCOME; STAFF USES OF FORCE
DISAGGREGATED BY LEVEL OF INJURY TO INCARCERATED INDIVIDUALS AND STAFF
AND OUTCOME OF ANY DISCIPLINARY OR OTHER ACTION TAKEN; OFFICE OF SPECIAL
INVESTIGATIONS COMPLAINTS RECEIVED DISAGGREGATED BY DATE RECEIVED, DATE
CLOSED, AND OUTCOME; OPERATIONAL AND CAPITAL EXPENDITURE DISAGGREGATED
BY FACILITY; CORCRAFT AND OTHER INDUSTRY REVENUE AND EXPENDITURES; AND
WAGES PAID TO INCARCERATED INDIVIDUALS. ALL SUCH DATA IN THIS SECTION
SHALL BE DISAGGREGATED BY FACILITY, LOCATION WITHIN A FACILITY WHERE
RELEVANT, AND ALL RELEVANT DEMOGRAPHIC CATEGORIES, INCLUDING BUT NOT
LIMITED TO, RACE, ETHNICITY, AGE, GENDER, GENDER IDENTITY, MENTAL HEALTH
TREATMENT LEVEL, MEDICAL CONDITIONS, PREGNANCY OR POSTPARTUM STATUS, AND
IDENTIFICATION AS LESBIAN, GAY, BISEXUAL, TRANSGENDER, INTERSEX, OR
GENDER NON-CONFORMING. THE DEPARTMENT SHALL ALSO PUBLICLY REPORT ON ITS
WEBSITE IN AN EASILY ACCESSIBLE LOCATION, ALL POLICIES, DIRECTIVES, AND
MEMORANDUMS THAT ARE NOT PRIVILEGED OR CONFIDENTIAL, ALL NEW AND REIS-
SUED DIRECTIVES, AND ALL NEW MEMORANDUMS ISSUED TO THE INCARCERATED
POPULATION OR STAFF.
H. The ACCESS, VISITS, AND inspection of state correctional facilities
by the correctional association pursuant to this subdivision shall be
undertaken solely in furtherance of the correctional 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] AN ACKNOWLEDGEMENT OF THE FOREGOING as a
condition of entry into a correctional facility pursuant to this subdi-
vision.
I. IN ALL CIRCUMSTANCES IN WHICH THE DEPARTMENT HAS, OR ENTERS INTO,
ANY MEMORANDUM OF UNDERSTANDING OR SIMILAR AGREEMENT WITH ANY OTHER
STATE OR LOCAL AGENCY, SUCH AGENCY SHALL ALSO BE SUBJECT TO THE
PROVISIONS OF THIS SUBDIVISION.
J. IN ANY CASE WHERE THE DEPARTMENT OR OTHER AGENCY OPERATING IN THE
PRISONS 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 THEREWITH. 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 PUNISHA-
BLE AS SUCH; ANY ACTION OR PROCEEDING COMMENCED BY THE CORRECTIONAL
ASSOCIATION PURSUANT TO THIS SUBDIVISION SHALL HAVE EXPEDITED TREATMENT
BY THE COURT.
§ 2. This act shall take effect immediately.