Provides notice of the death of an incarcerated individual occurring in the custody of the department of corrections and community supervision; requires the department to promptly notify the next kin and any other person designated as the representative of any incarcerated individual whose death takes place during custody.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1010A
SPONSOR: Epstein (MS) TITLE OF BILL:
An act to amend the correction law, in relation to providing notice of
the death of an incarcerated individual occurring in the custody of the
department of corrections and community supervision
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to provide for public notice of the death of
any individual in the custody of the Department of Corrections and
Community Supervision (DOCCS).
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend section 624 of the correction law to
require the Department of Corrections and Community Supervision (DOCCS)
to promptly notify the next of kin of a decedent in its custody. Within
24 hours after the next of kin notification, DOCCS shall publish a
notice on the department's website.
Section 2 would provide for the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version of this bill clarifies the requirements for public
notification of the death of any individual in DOCCS custody.
JUSTIFICATION:
"This bill promotes transparency and accountability within the
corrections system, allowing for public oversight. Research has consist-
ently shown that transparency is vital in maintaining trust and prevent-
ing abuses of power within institutions. A 2019 survey conducted by the
National Institute of Justice found that increased transparency in
correctional facilities is associated with lower rates of violence and
misconduct.
Transparent reporting enables prompt investigations into the causes and
circumstances surrounding deaths, facilitating the identification and
resolution of systemic issue's that may jeopardize incarcerated individ-
uals' welfare. Research by the Vera Institute of Justice has shown that
transparent and accountable correctional systems tend to exhibit lower
rates of violence, better healthcare outcomes, and increased rehabili-
tation opportunities.
PRIOR LEGISLATIVE HISTORY:
2024: A7854B/S7607B - died in rules/ THIRD READING FISCAL IMPLICATIONS:
FOR STATE AND LOCAL GOVERNMENTS: To be determined.
EFFECTIVE DATE:
Immediate.
STATE OF NEW YORK
________________________________________________________________________
1010--A
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. EPSTEIN, MAMDANI, SHIMSKY, LEVENBERG, GIBBS,
BURDICK, GONZALEZ-ROJAS, KELLES, WEPRIN, MEEKS -- Multi-Sponsored by
-- M. of A. WOERNER -- read once and referred to the Committee on
Correction -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the correction law, in relation to providing notice of
the death of an incarcerated individual occurring in the custody of
the department of corrections and community supervision
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 624 of the correction law, as amended by chapter
2 322 of the laws of 2021, is amended to read as follows:
3 § 624. Next of kin; death of incarcerated individual. 1. (a) The
4 department shall [be responsive to inquiries from] promptly notify the
5 next of kin and any other person designated as the representative of any
6 incarcerated individual whose death takes place during custody [regard-
7 ing].
8 (b) The department shall promptly notify the next of kin and any other
9 person designated as a representative of the circumstances surrounding
10 the death of such incarcerated individual, the medical procedures used
11 and the cause of death including preliminary determinations and final
12 determination as reported by an autopsy report as such information
13 becomes available.
14 (c) The next of kin and other person designated as a representative
15 shall be identified from the emergency contact information previously
16 provided by the incarcerated individual to the department.
17 2. Within twenty-four hours after the next of kin and any other person
18 designated as a representative has been notified of such death, the
19 department shall publish public notice of such death on the department's
20 website.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00610-02-5
