Senate Bill S312B

2023-2024 Legislative Session

Relates to correctional facility visits by the correctional association

download bill text pdf

Sponsored By

Current 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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Bill Amendments

co-Sponsors

2023-S312 - Details

See Assembly Version of this Bill:
A6489
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §146, Cor L
Versions Introduced in 2021-2022 Legislative Session:
S9401, A10678

2023-S312 - 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; grants the correctional association access to certain records and information of correctional facilities.

2023-S312 - Sponsor Memo

2023-S312 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    312
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. SALAZAR, BRISPORT, CLEARE, KRUEGER, RIVERA, SEPULVE-
   DA -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-S312A - Details

See Assembly Version of this Bill:
A6489
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §146, Cor L
Versions Introduced in 2021-2022 Legislative Session:
S9401, A10678

2023-S312A - 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; grants the correctional association access to certain records and information of correctional facilities.

2023-S312A - Sponsor Memo

2023-S312A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  312--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. SALAZAR, BRISPORT, CLEARE, KRUEGER, RIVERA, SEPULVE-
   DA -- read twice and ordered printed, and when printed to be committed
   to the Committee on Crime Victims, Crime and Correction -- recommitted
   to  the Committee on Crime Victims, Crime and Correction in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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.  Legislative findings. Founded in 1844 by  concerned  citi-
 zens  of  the  state  and  deputized by the state to provide independent
 monitoring and oversight of the state's prisons in 1846, the Correction-
 al Association of New York is one of  the  first  organizations  in  the
 country  created  to  administer civilian oversight of prisons to ensure
 greater transparency of correctional  institutions  in  the  state.  The
 Correctional  Association  of  New  York's on-site access to the state's
 prisons and to information on state prisons is critical for  the  organ-
 ization  to  provide  insight  into  the  policies and procedures of the
 state's prisons through its monitoring and reporting  on  prison  condi-
 tions,  policies,  and  procedures  for  the executive, legislature, and
 public, playing an important role in informing debates  on  correctional
 reform and incarcerated individuals' rights.
   § 2. 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 to access,  visit,  inspect,
 and  examine  all  state correctional facilities [with seventy-two hours
 advance notice to the department].  Up to twelve people may comprise the
 visiting party[; provided, however, that only four people from the party

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-S312B (ACTIVE) - Details

See Assembly Version of this Bill:
A6489
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §146, Cor L
Versions Introduced in 2021-2022 Legislative Session:
S9401, A10678

2023-S312B (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; grants the correctional association access to certain records and information of correctional facilities.

2023-S312B (ACTIVE) - Sponsor Memo

2023-S312B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  312--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  SALAZAR,  BRISPORT,  CLEARE,  FERNANDEZ, KRUEGER,
   RIVERA, SEPULVEDA -- read twice and ordered printed, and when  printed
   to  be  committed  to  the  Committee  on  Crime  Victims,  Crime  and
   Correction -- recommitted to the Committee on Crime Victims, Crime and
   Correction in accordance with Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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.   Legislative findings. Founded in 1844 by concerned citi-
 zens of the state and deputized by  the  state  to  provide  independent
 monitoring and oversight of the state's prisons in 1846, the Correction-
 al  Association  of  New  York  is one of the first organizations in the
 country created to administer civilian oversight of  prisons  to  ensure
 greater  transparency  of  correctional  institutions  in the state. The
 Correctional Association of New York's on-site  access  to  the  state's
 prisons  and  to information on state prisons is critical for the organ-
 ization to provide insight into  the  policies  and  procedures  of  the
 state's  prisons  through  its monitoring and reporting on prison condi-
 tions, policies, and procedures  for  the  executive,  legislature,  and
 public,  playing  an important role in informing debates on correctional
 reform and incarcerated individuals' rights.
   § 2. Subdivision 3 of section 146 of the correction law, as amended by
 chapter 32 of the laws of 2021, paragraph b of subdivision 3 as  amended
 by chapter 486 of the laws of 2022, is amended to read as follows:
   3.  a. Notwithstanding any other provision of law to the contrary, the
 correctional association shall be permitted to access,  visit,  inspect,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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