•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A05388 Summary:

BILL NOA05388
 
SAME ASSAME AS S02940
 
SPONSORPalmesano (MS)
 
COSPNSRBlankenbush, DeStefano, Friend, Giglio JM, Hawley, McDonough, Mikulin, Morinello, Norris, Reilly, Sayegh, Tague, Angelino, Brook-Krasny
 
MLTSPNSRBarclay, Byrnes, Walsh
 
Amd §112, Cor L
 
Directs the commissioner of corrections and community supervision to establish contraband screening at correctional facilities including canines at the entrances and a third-party secure vendor mail program.
Go to top    

A05388 Actions:

BILL NOA05388
 
03/10/2023referred to correction
01/03/2024referred to correction
Go to top

A05388 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5388
 
SPONSOR: Palmesano (MS)
  TITLE OF BILL: An act to amend the correction law, in relation to contraband screening at correctional facilities   SUMMARY OF PROVISIONS: Section 1: Section 112 of the Correction Law is amended to increase security and restrict contraband from entering the correction facility. It would require the Commissioner of (DOCCS) to establish a contraband screening plan in prisons. The plan would include, but not be limited to the use of a controlled canine at the entrance of each correctional facility. It would allow electronic, imaging scanning, pat down and visual searches of visitors, and the training of staff on up to date contraband screening procedures. Lastly, the Commissioner would be required to provide a copy of the contraband screening plan, including results to the Legislature each year. Section 2: Provides an immediate effective date.   JUSTIFICATION: Contraband, whether drugs, weapons, drones, cash or any other item smug- gled into our prisons puts everyone at risk and often leads to fights among inmates and violent attacks on officers and staff Recently, there have been multiple incidents involving attacks on correction officers and inmates as a result of this. Data collected indicates that 2017 marked the most violent year inside state prisons since 2007, which is the year statistics began being recorded. In 2017, there were 4,124 incidences of contraband compared to 2,483 in 2010. Furthermore, assaults on staff statewide has risen from 645 incidents in 2013 to 798 in 2017. When looking at statistics, every metric tracked by DOCCS rose above the previous year's numbers. These alarming statistics and the several inci- dents since the beginning of this year underscore the critical need for changes to current protocols set forth by DOCCS. In May 2017, after a large fight, officers found a drone, synthetic marijuana, a drug that is also known as "spice" or "spike" and multiple weapons inside Auburn Correctional Facility. In a recent attack at Five Points Correctional Facility in Seneca County, a half dozen officers were injured during several altercations with inmates inside a cell block. A black ceramic scalpel was found during a search and taken as evidence. This attack happened a mere week after a yard fight at the same facility. Over the last several months, the Elmira Correctional Facility has gone on lockdown on multiple occasions. Recently, a woman tried to bring drugs to her brother, who is an inmate at the Franklin Correctional Facility in Malone, New York. Police say a K-9 smelled the drugs in her purse. They say synthetic marijuana, known as K2, and Suboxone were both found. She was charged with promoting prison contra- band. Most recently, at Orleans Correctional Facility, an inmate was saved after overdosing on heroin. An investigation led to the discovery of 24 packets of heroin in one of the dorms. This is just one example of drug use in correctional facilities. There are countless stories of failed drug tests among inmates. One particular set of parents who have a son in a correctional facility discussed how he cannot end his drug addiction because he has constant access to drugs. Procedures and policies must be updated to end this dire situation. Increasing contraband screening of visitors to these facilities is a good step to ensure drugs or objects that can be used as weapons do not enter the institutions making them safer environments for both officers and inmates.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A05388 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5388
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  PALMESANO,  BLANKENBUSH,  DeSTEFANO, FRIEND,
          J. M. GIGLIO, HAWLEY, McDONOUGH, MIKULIN, MORINELLO,  NORRIS,  REILLY,
          SAYEGH, TAGUE -- Multi-Sponsored by -- M. of A. BARCLAY, BYRNES, WALSH
          -- read once and referred to the Committee on Correction
 
        AN  ACT to amend the correction law, in relation to contraband screening
          at correctional facilities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  112 of the correction law is amended by adding a
     2  new subdivision 6 to read as follows:
     3    6. (a) The commissioner shall establish a  contraband  screening  plan
     4  which shall include, but not be limited to:
     5    (i) the use of a leashed and controlled canine trained to detect ille-
     6  gal drugs at the entrance of each correctional facility;
     7    (ii)  the search of visitors, correctional staff, bags and other items
     8  entering the facility which may include, but not be  limited  to,  elec-
     9  tronic  searches, metal detectors, pat searches, visual searches of oral
    10  cavities,  and  any  other  legal  technology  at   the   commissioner's
    11  discretion;
    12    (iii)  the  training  of  staff  on  up to date and current contraband
    13  screening procedures; and
    14    (iv) a third-party secure vendor mail program to be utilized  for  the
    15  delivery  of  all non-privileged correspondence to incarcerated individ-
    16  uals including but not  limited  to,  the  order  and  delivery  of  all
    17  products to incarcerated individuals housed at correctional facilities.
    18    (b) The commissioner shall provide a copy of such contraband screening
    19  plan  as  well  as  the  prior  year's plan including but not limited to
    20  results of the canine assignments, number of attempts to promote contra-
    21  band, including data on contraband confiscated through  the  third-party
    22  secure  vendor  mail  program  and  the  number of urine tests and their
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05403-01-3

        A. 5388                             2
 
     1  results conducted statewide by facilities to the legislature by December
     2  thirty-first each year.
     3    (c)  The  commissioner may promulgate any rules and regulations neces-
     4  sary to implement the provisions of this subdivision.
     5    § 2. This act shall take effect immediately.
Go to top