Creates a temporary state commission relating to local correctional facilities in upstate New York; emphasis shall be placed on medical and mental health care, overcrowding, inmate deaths, use of force, restraints, and all segregation and confinement practices and solitary confinement.
STATE OF NEW YORK
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4373--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
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Introduced by M. of A. WEPRIN, RYAN, LIFTON -- read once and referred to
the Committee on Correction -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT creating a temporary state commission relating to local correc-
tional facilities in upstate New York; 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 relating to local correctional facilities located
3 outside of the boundaries of a city with a population of more than one
4 million people. The commission will place particular emphasis on medical
5 and mental health care (including the use of private contractors), over-
6 crowding, inmate deaths, use of force, restraints, and all segregation
7 and confinement practices and solitary confinement, but will not be
8 restricted to those topics.
9 § 2. The commission shall consist of eleven members to be appointed as
10 follows:
11 a. The chairman of the temporary state commission of correction estab-
12 lished pursuant to subdivision 1 of this section and the executive
13 director of the independent agency which conducts and coordinates the
14 protection and advocacy and client assistance programs, as established
15 pursuant to subdivision (b) of section 558 of the executive law and
16 federal law, or their representatives;
17 b. Nine members to be appointed as follows: three shall be appointed
18 by the governor; two shall be appointed by the temporary president of
19 the senate and one by the minority leader of the senate; and two shall
20 be appointed by the speaker of the assembly and one by the minority
21 leader of the assembly. Of the three members appointed by the governor,
22 none shall be an elected official or current employee of a local correc-
23 tional facility or other branch of county government. Such nine members
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05627-02-9
A. 4373--A 2
1 of the commission must reside in counties under the purview of this
2 commission. Vacancies in the appointed membership of the commission
3 shall be filled in the manner provided for original appointments.
4 c. Membership on the commission shall not constitute a public office.
5 The governor shall appoint the chair of the commission.
6 § 3. The members of the commission shall receive no compensation for
7 their services, but shall be allowed their actual and necessary expenses
8 incurred in the performance of their duties pursuant to this act.
9 § 4. The members of the commission shall be given unrestricted access
10 to all local correctional facilities in the state, including the ability
11 to conduct confidential interviews of inmates and employees of such
12 facilities and to receive unredacted copies of any documents maintained
13 by such facilities, although documents that are confidential under state
14 or federal law may not be disclosed to individuals or organizations
15 otherwise unauthorized to obtain such documents by the commission or its
16 members. The commission shall also hold at least one public hearing in
17 each of the cities of Albany, Buffalo, Plattsburgh, Poughkeepsie,
18 Rochester, Syracuse and Utica, and shall have all the powers of a legis-
19 lative committee pursuant to the legislative law.
20 § 5. The commission shall issue periodic reports, no less than annual-
21 ly, of its findings and publish a final report of its findings and make
22 any recommendations it may deem necessary and appropriate to the gover-
23 nor, the temporary president of the senate, the speaker of the assembly,
24 the chairperson of the senate crime victims, crime and correction
25 committee, and the chairperson of the assembly committee on correction
26 no later than three years after the effective date of this act. The
27 report shall also make recommendations for needed regulatory changes to
28 the chairperson of the state commission of correction.
29 § 6. This act shall take effect immediately and shall expire and be
30 deemed repealed 3 years after such date.