Establishes a temporary state commission to study and make recommendations on violence in state correctional facilities including the causes and consequences of such violence with a particular emphasis on changes in levels of violence and the causes of those changes.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6486
SPONSOR: Weprin TITLE OF BILL:
An act establishing a temporary state commission to study and make
recommendations on violence in state correctional facilities; and
providing for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
To create a multidisciplinary committee to exam the causes of, and
possible remedies for, violence in our state prison system.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 creates a temporary. commission to study prison violence.
Section 2 provides for the appointment of commission members.
Section 3 clarifies that members shall not receive compensation but
shall receive necessary expenses.
Section 4 provides that members shall have unrestricted access to
correctional facilities and receive copies' of documents.
Section 5 provides for a final report.
Section 6 is the effective date and the expiration date.
JUSTIFICATION:
The New York State Correctional Officer and Police Benevolent Associ-
ation (NYSCOPBA) reported an increase in violence in state correctional
facilities starting around 2013. Although the prison population has been
declining overall, assaults and unusual incidents have been increasing.
NYSCOPBA has speculated that the increase in violence may be due to
prison closures, and subsequent overcrowding of remaining facilities,
inadequate staffing, the higher proportion of people convicted of
violent offenses in the population, or changes in policy relating to the
use of SHU. News articles have noted a general increase in violence in
the country starting in 2013 due to the availability of cheap heroin on
the streets. DOCCS, while noting an increase in the rate of assault
incidents, has stated that few of them result in any injury to officers
or inmates and that most of them are not assaults under the criminal law
definition. Some people have suggested that the new generation coming
into prisons may have poor social skills, decreased ability to resolve
conflicts and be prone to violence because they grew up. with video
games and cell phones rather than personal interactions. This bill
creates a temporary state commission with representation of the unions,
DOCCS and OMH, prisoner advocacy groups and John Jay College of Criminal
Justice to conduct a two-year study on the causes of violence, and any
increase in violence, in our state prison system and to make recommenda-
tions to the governor and the legislature for changes in practice and
policy to address such violence.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
LOCAL FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed two years after such date.
STATE OF NEW YORK
________________________________________________________________________
6486
2023-2024 Regular Sessions
IN ASSEMBLY
April 11, 2023
___________
Introduced by M. of A. WEPRIN, PALMESANO, JONES -- read once and
referred to the Committee on Correction
AN ACT establishing a temporary state commission to study and make
recommendations on violence in state correctional facilities; and
providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. A temporary state commission is hereby created to study and
2 make recommendations to the governor and the legislature concerning the
3 causes and consequences of violence in state correctional facilities.
4 The commission will place particular emphasis on changes in levels of
5 violence and the causes of those changes, but will not be restricted to
6 those topics.
7 § 2. a. The commission shall consist of fourteen members to be
8 appointed as follows:
9 (i) the commissioner of the department of correctional services and
10 community supervision or his or her designee, who shall serve as chair
11 of the commission;
12 (ii) the commissioner of the office of mental health or his or her
13 designee;
14 (iii) the president of the union representing correctional officers or
15 his or her designee;
16 (iv) the president of the union representing correctional lieutenants
17 or his or her designee;
18 (v) the president of the union representing professional employees or
19 his or her designee;
20 (vi) the president of John Jay College of Criminal Justice or his or
21 her designee;
22 (vii) the executive director of the Correctional Association of New
23 York or his or her designee;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00644-01-3
A. 6486 2
1 (viii) the executive director of Prisoner's Legal Services of New York
2 or his or her designee; and
3 (ix) six members to be appointed as follows:
4 (1) two shall be appointed by the governor;
5 (2) two shall be appointed by the temporary president of the senate;
6 and
7 (3) two shall be appointed by the speaker of the assembly.
8 b. Vacancies in the appointed members of the commission shall be
9 filled in the manner provided for original appointments. Membership on
10 the commission shall not constitute a public office.
11 § 3. The members of the commission shall receive no compensation for
12 their services, but shall be allowed their actual and necessary expenses
13 incurred in the performance of their duties hereunder.
14 § 4. The members of the commission shall be given unrestricted access
15 to all state correctional facilities and to receive unredacted copies of
16 any documents maintained by such facilities, although documents that are
17 confidential under state or federal law may not be disclosed by members
18 of the commission to individuals or organizations otherwise unauthorized
19 to receive such documents and all such copies of such documents shall be
20 destroyed upon the expiration of this act.
21 § 5. The commission shall publish a final report of its findings and
22 make any recommendations it may deem necessary and appropriate to the
23 governor, the temporary president of the senate, the speaker of the
24 assembly, the chairperson of the senate crime victims, crime and
25 correction committee and the chairperson of the assembly correction
26 committee no later than two years after the effective date of this act.
27 § 6. This act shall take effect immediately and shall expire and be
28 deemed repealed two years after such date.
