NY State Senate Bill 2025-S856

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to crime victims, crime and correction

co-Sponsors

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2025-S856 (ACTIVE) - Details

See Assembly Version of this Bill:: A2315
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §41, Cor L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8161, A8461
2023-2024: S626, S5877, A5709

2025-S856 (ACTIVE) - Summary

Increases the number of members on the state commission of correction; provides for the manner of confirmation of such members.

2025-S856 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S856

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to the membership of the
state commission of correction

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill expands the membership of the state commission of correction
from three to nine members, adds requirements for certain types of
professional expertise among members, and reapportions the nominations
of members between the legislature, governor, and correctional associ-
ation.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision 1 of section forty-one of the correction
law to add six new members to the commission of correction. The governor
retains the right to appoint three members, while the speaker of the
assembly, president pro tempore of the senate, and the correctional

association would have two nominations each.

Paragraph (b) of section forty-one is amended to require that members of
the commission should include, but not be limited to, at least one of
each of the following: professional expertise in public health, behav-
ioral healthcare, an attorney with experience in indigent defense
services or prisoner's rights litigation, and a person who was formerly
incarcerated.

Subdivision two of section forty-one is amended to stagger the appoint-
ments of the new commissioners.

Subdivision three of section forty-one is amended to permit the members
of the commission to temporarily fill seats that have been vacant.

Section two is the effective date.

 
JUSTIFICATION:

The State Commission of Correction was created pursuant to the 1894 New
York State constitution and originally featured nine commissioners. It
has always been intended to provide independent over-sight and regulato-
ry power over any correctional facility in New York State, from police
lock-ups to jails and state prisons. The commission also reviews all
deaths in custody and reviews grievances.  In order to increase the
diversity of the perspectives and expertise of the commissioners, six
new commissioners are added to the commission, which currently features
only three members, all of whom have spent their careers in correctional
administration. To make the commission more independent, given that the
state prison system is a part of the executive branch of government,
four of the nominations are delegated to the legislature and two to the
correctional association.

The correctional association is a state-chartered, independent non-pro-
fit organization that has been inspecting New York state prisons since
the 1840s pursuant to unique statutory privileges and is well-suited to
participate in the determination of the commission's membership. This
bill, if enacted, would strengthen the role of the SCOC in providing
independent oversight over state and local correctional facilities in
New York.

 
PRIOR LEGISLATIVE HISTORY:

SENATE:

2024: S5877A (Salazar) - Referred to Crime Victims, Crime and
Correction, Reported to Finance, Amended, Discharged to Rules, Passed
Senate.

2023: S5877 (Salazar) - Referred to Crime Victims, Crime and Correction

A prior version of this bill, S 8161 (Hoylman-Sigal) (2022) died in
committee.

ASSEMBLY:

2024: A5709A (Gallagher) - Referred to Correction, Amended, reported to
Ways & Means, Reported to Rules.

2023: A5709 (Gallagher) - Referred to Correction.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This bill is effective immediately.

2025-S856 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    856
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. SALAZAR, CLEARE, JACKSON, MYRIE, SEPULVEDA, SKOUFIS
   -- 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 the membership of the
   state commission of correction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 41 of the correction law, as added by chapter 865
 of the laws of 1975, is amended to read as follows:
   § 41. State commission of correction; organization. 1. (A) There shall
 be within the executive department a state commission of correction.  It
 shall  consist  of  [three] NINE persons [to be], THREE OF WHOM SHALL BE
 appointed by the governor[, by and with the advice and  consent  of  the
 senate],  TWO OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,
 TWO OF WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,
 AND TWO OF WHOM SHALL BE APPOINTED BY THE CORRECTIONAL ASSOCIATION.
   (B) THE MEMBERS APPOINTED SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  AT
 LEAST ONE OF EACH OF THE FOLLOWING:
   (I)  A PERSON FORMERLY INCARCERATED IN A CORRECTIONAL FACILITY LOCATED
 IN NEW YORK;
   (II) A PUBLIC HEALTH PROFESSIONAL;
   (III) A BEHAVIORAL HEALTHCARE PROFESSIONAL;
   (IV) AN ATTORNEY DULY LICENSED TO PRACTICE IN THIS  STATE  WHO  HAS  A
 PROFESSIONAL BACKGROUND IN INDIGENT CRIMINAL DEFENSE SERVICES OR PRISON-
 ER'S RIGHTS LITIGATION; AND
   (V)  A PROFESSIONAL IN ANY OTHER FIELD DEEMED USEFUL FOR THE PROMOTION
 OF AN EFFICIENT, HUMANE, AND LAWFUL CORRECTIONAL SYSTEM.
   (C) The [governor] MEMBERS OF THE COMMISSION shall ANNUALLY  designate
 one  of  the  appointed  members  as [chairman] CHAIRPERSON to serve [as
 such] at [the] SUCH MEMBERS OF THE COMMISSION'S pleasure [of the  gover-

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

                                                            LBD00923-01-5
 S. 856                              2

 nor].  The members shall devote full time to their duties and shall hold
 no other salaried public position.
   2.  The  members  shall  hold office for terms of five years; provided
 that [of] the [three members first appointed, one shall serve for a term
 of two years, one shall serve for a term of three years  and  one  shall
 serve  for a term of five years from January first next succeeding their
 appointment] FIRST TWO MEMBERS APPOINTED BY THE SPEAKER OF THE  ASSEMBLY
 SHALL  SERVE FOR A TERM OF TWO YEARS; THE FIRST TWO MEMBERS APPOINTED BY
 THE TEMPORARY PRESIDENT OF THE SENATE SHALL SERVE FOR A  TERM  OF  THREE
 YEARS;  AND  THE FIRST TWO MEMBERS APPOINTED BY THE CORRECTIONAL ASSOCI-
 ATION SHALL SERVE FOR A TERM OF FOUR YEARS. No member  shall  serve  for
 more  than ten years. Any member of the commission may be removed by the
 [governor] APPOINTING AUTHORITY WHO NOMINATED THE MEMBER for cause after
 an opportunity to be heard in [his] SUCH MEMBER'S defense.
   3. Any member chosen to fill a vacancy created other than  by  expira-
 tion  of  term  shall  be appointed for the unexpired term of the member
 whom [he] SUCH NEW MEMBER is to succeed.  Vacancies caused by expiration
 of term or otherwise shall be filled in  the  same  manner  as  original
 appointments.
   § 2. This act shall take effect immediately.

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Senate Bill S856

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2025-S856 (ACTIVE) - Details

2025-S856 (ACTIVE) - Summary

2025-S856 (ACTIVE) - Sponsor Memo

2025-S856 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S856

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Sponsored By

Julia Salazar

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

Cordell Cleare

Robert Jackson

Zellnor Myrie

Luis R. Sepúlveda

2025-S856 (ACTIVE) - Details

2025-S856 (ACTIVE) - Summary

2025-S856 (ACTIVE) - Sponsor Memo

2025-S856 (ACTIVE) - Bill Text download pdf

Comments