STATE OF NEW YORK
________________________________________________________________________
5709--A
2023-2024 Regular Sessions
IN ASSEMBLY
March 22, 2023
___________
Introduced by M. of A. GALLAGHER, AUBRY, DICKENS, FORREST, MAMDANI,
JACOBSON, SHRESTHA, EPSTEIN, KELLES, WEPRIN, MITAYNES, LEVENBERG,
GIBBS, DAVILA, REYES, RAGA, TAPIA, SHIMSKY, GONZALEZ-ROJAS, BURGOS,
GALLAHAN -- 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 the membership of the
state commission of correction
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 41 of the correction law, as added by chapter 865
2 of the laws of 1975, is amended to read as follows:
3 § 41. State commission of correction; organization. 1. (a) There shall
4 be within the executive department a state commission of correction. It
5 shall consist of [three] nine persons [to be], three of whom shall be
6 appointed by the governor[, by and with the advice and consent of the
7 senate], two of whom shall be appointed by the speaker of the assembly,
8 two of whom shall be appointed by the temporary president of the senate,
9 and two of whom shall be appointed by the correctional association.
10 (b) The members appointed shall include, but not be limited to, at
11 least one of each of the following:
12 (i) a person formerly incarcerated in a correctional facility located
13 in New York;
14 (ii) a public health professional;
15 (iii) a behavioral healthcare professional;
16 (iv) an attorney duly licensed to practice in this state who has a
17 professional background in indigent criminal defense services or prison-
18 er's rights litigation; and
19 (v) a professional in any other field deemed useful for the promotion
20 of an efficient, humane, and lawful correctional system.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00210-07-4
A. 5709--A 2
1 (c) The [governor] members of the commission shall annually designate
2 one of the appointed members as [chairman] chairperson to serve [as
3 such] at [the] such members of the commission's pleasure [of the gover-
4 nor]. The members shall devote full time to their duties and shall hold
5 no other salaried public position.
6 2. The members shall hold office for terms of five years; provided
7 that [of] the [three members first appointed, one shall serve for a term
8 of two years, one shall serve for a term of three years and one shall
9 serve for a term of five years from January first next succeeding their
10 appointment] first two members appointed by the speaker of the assembly
11 shall serve for a term of two years; the first two members appointed by
12 the temporary president of the senate shall serve for a term of three
13 years; and the first two members appointed by the correctional associ-
14 ation shall serve for a term of four years. No member shall serve for
15 more than ten years. Any member of the commission may be removed by the
16 [governor] appointing authority who nominated the member for cause after
17 an opportunity to be heard in [his] such member's defense.
18 3. Any member chosen to fill a vacancy created other than by expira-
19 tion of term shall be appointed for the unexpired term of the member
20 whom [he] such new member is to succeed. Vacancies caused by expiration
21 of term or otherwise shall be filled in the same manner as original
22 appointments.
23 § 2. This act shall take effect immediately.
