NY State Senate Bill 2025-S5243

Senate Bill S5243

2025-2026 Legislative Session

Requires the county sheriff to oversee an annual jail staffing analysis and provide a report to the commission of corrections and community supervision

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 20, 2025	referred to crime victims, crime and correction

2025-S5243 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §500-b, Cor L; amd §264, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S8438

2025-S5243 (ACTIVE) - Summary

Requires the county sheriff to oversee an annual jail staffing analysis and provide a report to the commission of corrections and community supervision and give the public the opportunity to view the statistics of their local county jail.

2025-S5243 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5243

SPONSOR: BAILEY
 
TITLE OF BILL:

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

 
PURPOSE:

Requires the county sheriff to oversee an annual jail staffing analysis
and provide a report to the commission of corrections and community
supervision.

 
SUMMARY OF PROVISIONS:

Section one amends the relevant provision of the correction law to
direct county sheriffs or their designees to conduct an annual jail
staffing analysis and describe the methodology and criteria for consid-
eration of such an analysis.

Section two amends the corrections law to clarify requirements for jail
staffing levels at county jails.

Section three amends the correction law to describe the requirements of
a quarterly report on the housing of incarcerated individuals.  These
reports must be posted on the Commission's website.

Section four amends the relevant provision of the executive law to
describe the abilities of the commission on corrections to ensure
compliance with the terms of this act.

 
JUSTIFICATION:

County jails in New York State have experienced a steady population
decline over the past several years. The 2022 population of all jail
facilities in the state was 15,494 compared to 25,059 in 2015. Given
this trend, as well as the diverse array of programmatic needs in county
jails, the mandatory staffing ratios set by the NYS Commission on
Corrections may be misaligned with the demands of efficient and effec-
tive jail administration by County Sheriffs' Departments.

Mandatory minimum staffing ratios present both administrative and fiscal
challenges for jails. County jail administrators have cited the mandato-
ry minimum staffing ratios as a challenge in administering medication
assisted treatment programs as well as other educational and career
programs for individuals incarcerated at these facilities.  Moreover,
mandatory minimum staffing ratios can result in a maldistribution of
department resources by artificially inflating operating expenses in
situations where there is minimal implication of these ratios on
correction officer safety.

This legislation allows local county sheriff departments to conduct
their own analyses of county jail staffing, utilizing nationally recog-
nized methodologies that balance staff safety and department efficiency
in lieu of utilizing the Commission on Corrections analysis. Localized
analysis would account for the staffing needs of a particular jail's
population and account for disability- and medical-related demands.
 
LEGISLATIVE HISTORY:

2023-24: S8438 - Referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2025-S5243 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5243
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2025
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10021-01-5

 S. 5243                             2
 
 STAFFING  ANALYSIS,  WHICH  THE  COMMISSION  SHALL REVIEW AND RESPOND TO
 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:
 S. 5243                             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.

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