BILL NUMBER: S4450

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the correction law, in relation to requiring legislative
approval for the closure of correctional facilities and institutions

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require legislative approval in the proposed closure of
correctional facilities and institutions across the State of New York.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds new Section 30 to the Correction Law which would require
the New York State Department of Corrections and Community Supervision
to submit a report to the legislature 365 days prior to a requested or
appropriate committees may approve the closure upon review of the
report. If the closure is not justified, the Legislature will have the
ability to deny the proposed closure by a majority vote in both the
Senate and the Assembly.
              

Section 2: Severability; allows any court of competent jurisdiction to
find this law invalid, in accordance with the State Constitution and
Statutes.

Section 3: The bill will take effect on the thirtieth day after it has
been signed into law.

 
JUSTIFICATION:

Ensuring the safety of the public must be the first priority of any
Government. Recently, the Governor closed Mount McGregor, a Correctional
Facility in the Town of Wilton, Saratoga County which employed 320
people and housed over 450 inmates.

With the announcement of the closure, and three other facilities across
the state like it, no permanent plan had been created to account for the
parole or relocation of the inmates, as well as transfers or retraining
for current employees.

Government must be responsible and establish necessary plans for current
inmates and employees of these facilities instead of arbitrarily "turn-
ing out the lights" on unsuspecting guards, prisoners and communities.

We must not allow for the premature-parole of prisoners, which would
place our local communities in possible danger while disrupting the
financial security of employees of Mount McGregor. In rural regions of
Upstate New York, the Correctional Facilities play a vital role in the
local economy. These facilities employ many local residents who, not
only serve and protect our state, but comprise the community which
supports our schools, municipalities and local businesses.  Addi-
tionally, transparency and public debate are very important to a free
and open democracy. Allowing for legislative approval would allow for
the discussion of prison closures instead of the decision being left to
a few privileged bureaucrats. These are just several reasons why legis-
lative approval of correctional facilities is necessary.

 
PRIOR LEGISLATIVE HISTORY:

01/04/17: S.215 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

05/16/17: S.215 REPORTED AND COMMITTED TO FINANCE

06/19/17: S.215 COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/19/17: S.215 ORDERED TO THIRD READING CAL.1836

06/19/17: S.215 PASSED SENATE

06/19/17: S.215 DELIVERED TO ASSEMBLY

06/19/17: S.215 referred to correction

01/03/18: S.215 died in assembly

01/03/18: S.215 returned to senate

01/03/18: S.215 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/23/18: S.215 REPORTED AND COMMITTED TO FINANCE

02/19/19: S.3835 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/08/20: S.3835 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/20/21: S.2178 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/05/22: S.2178 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This Act shall take effect on the thirtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/ore
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.