S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8444
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY, McDONALD -- read once and referred to the
   Committee on Correction
 
 AN ACT to amend the correction law and the executive law, in relation to
   setting standards for jail staffing analysis; providing the public the
   opportunity to view the statistics of their local county jail

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  8, 9, 10, 11, 12 and 13 of section 500-b of
 the correction law are renumbered subdivisions 9, 10, 11, 12, 13 and 14,
 and a new subdivision 8 is added to read as follows:
   8. (A) THE COUNTY SHERIFF OR SUCH DESIGNEE  SHALL  OVERSEE  AN  ANNUAL
 JAIL STAFFING ANALYSIS USING THE STAFFING ANALYSIS METHODOLOGY DEVELOPED
 BY  THE  NATIONAL  INSTITUTE  OF CORRECTIONS.   SUCH ANALYSIS SHALL ALSO
 CONSIDER THE FOLLOWING CRITERIA:
   (1) BEST PRACTICES IN THE PRISON RAPE ELIMINATION ACT AND OTHER  STATE
 AND  FEDERAL  GUIDELINES  REGARDING  THE  RATIO OF UNIFORMED OFFICERS TO
 INCARCERATED PEOPLE, WHERE SUCH RATIO IS CALCULATED  USING  THE  AVERAGE
 OFFICER  HEADCOUNT AND AVERAGE DAILY POPULATION FROM THE PREVIOUS CALEN-
 DAR YEAR;
   (2) OFFICERS WHO REQUIRED MEDICAL TREATMENT, WERE PERMANENTLY DISABLED
 IN THE COURSE OF THEIR DUTY, OR PLACED ON LIGHT DUTY PURSUANT TO SECTION
 TWO HUNDRED SEVEN-C OF THE GENERAL MUNICIPAL LAW; AND
   (3) EFFICIENT USE OF STAFF AND RESOURCES THAT DEPLOY  UNIFORMED  OFFI-
 CERS ONLY TO POSTS UNSUITABLE FOR CIVILIAN STAFF.
   (B) THE SHERIFF OR DESIGNEE SHALL SUBMIT ITS JAIL STAFFING ANALYSIS TO
 THE COMMISSION BY APRIL FIRST OF EVEN-NUMBERED YEARS, AND THE COMMISSION
 SHALL  PROVIDE WRITTEN APPROVAL, OR DENIAL WITH COMMENTS, FOR ALL STAFF-
 ING ANALYSES WITHIN NINETY DAYS OF THE SUBMISSION OF  THE  ANALYSIS.  IF
 THE  COMMISSION  DENIES THE ANALYSIS, THE SHERIFF OR DESIGNEE SHALL HAVE
 THIRTY DAYS FROM THE RECEIPT OF ANY DENIAL TO REMEDIATE AND RESUBMIT ITS
 STAFFING ANALYSIS, WHICH THE COMMISSION  SHALL  REVIEW  AND  RESPOND  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13756-01-3
              

 A. 8444                             2
 
 WITHIN  THIRTY DAYS OF RECEIPT. THE COMMISSION SHALL NOT GRANT VARIANCES
 TO ANY COUNTIES REGARDING  THEIR  ANNUAL  JAIL  STAFFING  ANALYSIS.  THE
 COMMISSION  SHALL  PUBLISH  ALL  STAFFING  ANALYSES,  REMEDIATIONS,  AND
 APPROVALS  IN  A  PROMINENT  PLACE  ON ITS WEBSITE IN A MACHINE-READABLE
 FORMAT.
   § 2. Paragraph (a) of subdivision 9 of section 500-b of the correction
 law, as added by chapter 907 of the laws of 1984 and  as  renumbered  by
 section one of this act, is amended to read as follows:
   (a)  [minimum staffing requirements] THE APPROPRIATE LEVEL AND DEPLOY-
 MENT OF STAFF FOR EACH COUNTY JAIL; or
   § 3. Subdivision 10 of section 500-b of the correction law, as amended
 by chapter 574 of the laws of 1985 and the opening paragraph as  amended
 by  chapter  322 of the laws of 2021 and as renumbered by section one of
 this act, is amended to read as follows:
   10. The chief administrative officer shall forward to the commission a
 quarterly report relative to the housing  of  incarcerated  individuals.
 SUCH  UPDATES  SHALL  ALSO BE POSTED CONSPICUOUSLY ON THE WEBSITE OF THE
 COMMISSION AND OF THE LOCAL CORRECTIONAL FACILITY IN A  MACHINE-READABLE
 FORMAT. The report shall include, but not be limited to:
   (a)  all  unusual  incidents  or  assaults occurring in a housing unit
 CATEGORIZED BY USE OF FORCE  AGAINST  PEOPLE  IN  CUSTODY,  ASSAULTS  ON
 STAFF,  VIOLENCE AMONG PEOPLE IN CUSTODY, AND OTHER INCIDENTS, INCLUDING
 PLACEMENT IN SOLITARY CONFINEMENT, AND  THE  RACE,  SEX,  MENTAL  HEALTH
 DIAGNOSIS,  PHYSICAL  DISABILITY, INTELLECTUAL DISABILITY, DEVELOPMENTAL
 DISABILITY, AND/OR TRAUMATIC BRAIN INJURY OF THE  INCARCERATED  INDIVID-
 UALS INVOLVED;
   (b)  staffing SEGMENTED INTO THE FOLLOWING CATEGORIES: UNIFORMED OFFI-
 CERS PERFORMING  CUSTODY-RELATED  WORK,  UNIFORMED  OFFICERS  PERFORMING
 ADMINISTRATIVE DUTIES, AND CIVILIAN ADMINISTRATIVE STAFF;
   (c)  daily prisoner population counts SEGMENTED BY CHARGE TYPE, ADMIS-
 SION STATUS (SENTENCED, BOARDED IN, BOARDED OUT, CIVIL, FEDERAL, TECHNI-
 CAL PAROLE VIOLATORS, STATE READIES, PRETRIAL, OTHER), RACE, SEX, MENTAL
 HEALTH DIAGNOSIS, PHYSICAL DISABILITY, INTELLECTUAL DISABILITY, DEVELOP-
 MENTAL DISABILITY, TRAUMATIC BRAIN INJURY,  AND/OR  DIAGNOSED  SUBSTANCE
 USE DISORDER;
   (D) MEAN AND MEDIAN LENGTH OF STAY;
   [(d)]  (E)  verification that the locality is maintaining security and
 supervision records as mandated pursuant to the commission's  rules  and
 regulations;
   (F)  A  LIST AND BRIEF DESCRIPTION OF ALL PROGRAMS AVAILABLE TO PEOPLE
 IN DETENTION, INCLUDING BUT NOT  LIMITED  TO  PROGRAMS  OFFERING  MENTAL
 HEALTH  TREATMENT,  SUBSTANCE  USE  TREATMENT,  AND VOCATIONAL TRAINING;
 REQUIREMENTS FOR PARTICIPATION; NUMBER OF PARTICIPANTS  PER  QUARTER  BY
 PROGRAM; CAPACITY OF EACH PROGRAM; AND COMPLETION RATES;
   (G)  NOTIFICATION  OF  ANY  INSTANCE  IN  WHICH  A  JAIL  EMPLOYS MORE
 CORRECTIONS OFFICERS THAN THE  AVERAGE  DAILY  POPULATION,  WHICH  SHALL
 INCLUDE ANY RELEVANT JUSTIFICATION AND A REMEDIATION PLAN TO BE EXECUTED
 WITHIN SIX MONTHS;
   [(e)]  (H)  court  orders  which  have been issued and which relate to
 staffing, jail capacity or security requirements; and
   [(f)] (I) any other information requested by the commission and avail-
 able to the chief administrative officer with respect to this section.
   § 4. Subdivision 1 of section 264 of the executive law, as amended  by
 section  30  of  part A of chapter 56 of the laws of 2010, is amended to
 read as follows:
 A. 8444                             3
 
   1. If at any time the office determines that  a  county  plan  is  not
 being  complied  with,  it  shall  notify the advisory board through the
 chairperson and the state commission of correction in  writing  of  such
 fact,  and  it shall withhold any portion of state funds not theretofore
 allocated. Such notice shall state the particular reasons for the deter-
 mination  and  demand  compliance with the plan within sixty days of the
 notice, setting forth the specific actions deemed  necessary  to  secure
 compliance. If compliance is forthcoming the board and the state commis-
 sion  of  correction  shall  be notified of such fact in writing and any
 state funds heretofore withheld shall be released.  If  compliance  with
 the plan is not fulfilled within such time or within a thirty day exten-
 sion  period  as authorized herein, the office shall notify the advisory
 board through the chairperson and the state  commission  of  correction.
 Upon such notification, the county shall be deemed in noncompliance with
 the  approved  plan  and  the  provisions of subdivision [eight] NINE of
 section five hundred-b of the correction law shall be applied.
   An extension may be granted by the office for a thirty day period upon
 a request by the board through the chairperson, where the office  deter-
 mines  it  to  be appropriate, setting forth specific reasons for a need
 for an extension and the steps  which  shall  be  undertaken  to  be  in
 compliance at the end of such period.
   Any  notification  by  the  office  of non-compliance pursuant to this
 section shall be deemed a final determination for purposes  of  judicial
 review.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law, provided however, that:
   1.  the  amendments  to  section  500-b  of the correction law made by
 sections one, two and three of this act, shall not affect the repeal  of
 such section and shall be deemed repealed therewith.
   2. the amendments to subdivision 1 of section 264 of the executive law
 made  by  section  four  of this act shall not affect the repeal of such
 section and shall be deemed repealed therewith.
   3. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective  date  are  authorized  to  be made and completed by the state
 commissioner of corrections and community supervision on or before  such
 effective date.