STATE OF NEW YORK
________________________________________________________________________
2315
2025-2026 Regular Sessions
IN ASSEMBLY
January 16, 2025
___________
Introduced by M. of A. GALLAGHER, FORREST, MAMDANI, JACOBSON, SHRESTHA,
EPSTEIN, KELLES, WEPRIN, MITAYNES, LEVENBERG, GIBBS, DAVILA, REYES,
RAGA, TAPIA, SHIMSKY, GONZALEZ-ROJAS, GALLAHAN, BURDICK, SIMON,
TAYLOR, COOK -- read once and referred to the Committee on Correction
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.
21 (c) The [governor] members of the commission shall annually designate
22 one of the appointed members as [chairman] chairperson to serve [as
23 such] at [the] such members of the commission's pleasure [of the gover-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00923-01-5
A. 2315 2
1 nor]. The members shall devote full time to their duties and shall hold
2 no other salaried public position.
3 2. The members shall hold office for terms of five years; provided
4 that [of] the [three members first appointed, one shall serve for a term
5 of two years, one shall serve for a term of three years and one shall
6 serve for a term of five years from January first next succeeding their
7 appointment] first two members appointed by the speaker of the assembly
8 shall serve for a term of two years; the first two members appointed by
9 the temporary president of the senate shall serve for a term of three
10 years; and the first two members appointed by the correctional associ-
11 ation shall serve for a term of four years. No member shall serve for
12 more than ten years. Any member of the commission may be removed by the
13 [governor] appointing authority who nominated the member for cause after
14 an opportunity to be heard in [his] such member's defense.
15 3. Any member chosen to fill a vacancy created other than by expira-
16 tion of term shall be appointed for the unexpired term of the member
17 whom [he] such new member is to succeed. Vacancies caused by expiration
18 of term or otherwise shall be filled in the same manner as original
19 appointments.
20 § 2. This act shall take effect immediately.
