NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5709
SPONSOR: Gallagher 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 gain two nominations each. Provisions requiring a joint
legislative hearing on the qualifications of nominees and one month's
notice of such nomination before an appointment may be made are added.
Paragraph (b) of section forty-one is amended to require that nominees
put forward by, the legislature must have professional expertise in
public health, behavioral healthcare, and indigent defense services or
prisoner's rights litigation, and that one appointee be a person who was
formerly incarcerated. The remaining members may be at-large, and the
members of the commission are authorized to designate their own chairman
annually.
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 for a
period of 180 days or longer.
Section two is the effective date.
JUSTIFICATION:
The State Commission of Correction was created pursuant to the 1894
constitution of the state of New York and originally featured nine
commissioners. It has always been intended to provide independent over-
sight and regulatory power over any correctional facility in New York
State, from police lock-ups to jails and state prisons. In order to
increase the diversity of the perspectives and expertise of the commis-
sioners, six new commissioners are added to the commission, which
currently features only three members, all of whom have spent their
careers in correctional administration. In order to curtail the influ-
ence of the executive branch over the commission's activities, 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:
A8461 (2022) - died in committee.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This bill is effective immediately.
