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A08453 Summary:

BILL NOA08453
 
SAME ASNo Same As
 
SPONSORButtenschon
 
COSPNSRKay
 
MLTSPNSR
 
 
Directs the hiring of an independent investigator to investigate all 42 correctional facilities in the state to identify any negative policies and practices exiting as such correctional facilities.
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A08453 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8453
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 16, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
          Committee on Correction
 
        AN ACT in relation to directing the hiring of  an  independent  investi-
          gator to investigate correctional facilities in the state; and provid-
          ing 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. For the purposes of this act,  the  following  terms  shall
     2  have the following meanings:
     3    (a)  "Correctional facility" shall have the same meaning as defined by
     4  section 2 of the correction law.
     5    (b) "Independent  investigator"  means  the  independent  investigator
     6  chosen pursuant to section two of this act.
     7    §  2.   The comptroller shall, through a request for proposal process,
     8  hire an independent investigator, upon joint approval by  the  governor,
     9  the  temporary president of the senate, and the speaker of the assembly.
    10  The independent investigator shall be a corporation, partnership, limit-
    11  ed liability company, or other entity chosen from  the  private  sector.
    12  The  purpose of the independent investigator shall be to investigate all
    13  42 correctional facilities in the state to identify any  negative  poli-
    14  cies and practices existing at such correctional facilities.
    15    §  3.  The independent investigator shall have the power and authority
    16  to:
    17    (a) conduct investigations in accordance with its  purpose  as  estab-
    18  lished under section two of this act;
    19    (b) consult with any organization, government entity, or person in the
    20  performance of its duties under this act;
    21    (c)  direct the department of corrections or any correctional facility
    22  in the state to grant the independent investigator access to the depart-
    23  ment of corrections or any such correctional facility or records  there-
    24  of; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11980-02-5

        A. 8453                             2
 
     1    (d) conduct interviews with employees of the department of corrections
     2  or  any correctional facility in the state, or any incarcerated individ-
     3  uals held at any such correctional facilities.
     4    §  4.  The  independent  investigator  shall demonstrate impartiality,
     5  ethical conduct, thoroughness, professionalism, and accurate  documenta-
     6  tion  of  all activities during the performance of all duties under this
     7  act.
     8    § 5. Upon completion of a thorough  investigation  as  required  under
     9  this  act,  the  independent  investigator  shall submit a report to the
    10  governor, the temporary president of the  senate,  the  speaker  of  the
    11  assembly, and the commissioner of corrections and community supervision,
    12  that shall include the findings and any recommendations of the independ-
    13  ent investigator.
    14    §  6. This act shall take effect immediately and shall expire upon the
    15  submission of the report as required under section  five  of  this  act;
    16  provided,  however,  that  the commissioner of corrections and community
    17  supervision shall notify the legislative bill drafting  commission  upon
    18  the  submission of such report in order that the commission may maintain
    19  an accurate and timely effective data base of the official text  of  the
    20  laws  of  the  state  of  New  York  in  furtherance of effectuating the
    21  provisions of section 44 of the legislative law and section 70-b of  the
    22  public officers law.
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