|SAME AS||No Same As|
|COSPNSR||Brabenec, Hawley, Miller B, Smith, DeStefano, Lawrence, Montesano, DiPietro, McDonough, Morinello, Finch, Mikulin, Ra, Salka, Walsh, LiPetri, Manktelow|
|MLTSPNSR||Byrnes, Friend, Miller ML, Palmesano, Sayegh|
|Amd §112, Cor L|
|Relates to the establishment of a staffing plan for all uniformed and non-uniformed employees at correctional facilities.|
|02/19/2019||referred to correction|
|01/08/2020||referred to correction|
|07/14/2020||held for consideration in correction|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5780 SPONSOR: Giglio (MS)
TITLE OF BILL: An act to amend the correction law, in relation to establishment of a staffing plan for all uniformed and non-uniformed employees at correctional facilities   PURPOSE OR GENERAL IDEA OF BILL: To ensure adequate staffing levels at correctional facilities.   SUMMARY OF PROVISIONS: This legislation amends Section 112 of the Correction Law to require the commissioner of the department of correctional services to establish a staffing plan for all uniformed and non-uniformed staff. This staffing plan shall establish the number of necessary security posts, administra- tive, programmatic and other positions within the department's correc- tional facilities and administrative offices.This legislation would also require the commissioner to provide a copy of the staffing plan to the Chairs of the Senate Finance, Senate Crime and Corrections, Assembly Ways and Means and Assembly Correction Commit- tees by December 31 of each year. In the event the department deviates from the staffing plan, the commissioner shall provide details on why the staffing plan was not implemented as required by this legislation.   JUSTIFICATION: Current law allows the Commissioner of Department of Correctional Services to establish staffing protocols according to his or her general powers and duties to manage correctional facilities. This bill would instead provide by statute specific staffing plan requirements.   PRIOR LEGISLATIVE HISTORY: 2010 - A.11198 (Giglio); 2012 - A3680 (Giglio); 2014 - A6009 (Giglio) 2017-18 - A.4780   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: This bill will result in savings to the State.   EFFECTIVE DATE: This law shall take effect immediately; provided, however, that effec- tive immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.
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STATE OF NEW YORK ________________________________________________________________________ 5780 2019-2020 Regular Sessions IN ASSEMBLY February 19, 2019 ___________ Introduced by M. of A. GIGLIO, BRABENEC, HAWLEY, B. MILLER, SMITH, DeSTEFANO, LAWRENCE, MONTESANO, DiPIETRO, McDONOUGH, MORINELLO, FINCH, MIKULIN, RA -- Multi-Sponsored by -- M. of A. FRIEND, PALMESANO, SAYEGH -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to establishment of a staffing plan for all uniformed and non-uniformed employees at correc- tional facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 112 of the correction law, as amended by section 19 2 of subpart A of part C of chapter 62 of the laws of 2011, is amended to 3 read as follows: 4 § 112. Powers and duties of commissioner relating to correctional 5 facilities and community supervision. 1. The commissioner [ of6 corrections and community supervision] shall have the superintendence, 7 management and control of the correctional facilities in the department 8 and of the inmates confined therein, and of all matters relating to the 9 government, discipline, policing, contracts and fiscal concerns thereof. 10 He or she shall have the responsibility to ensure that adequate staffing 11 exists at every correctional facility pursuant to subdivision two of 12 this section. He or she shall have the power and it shall be his or her 13 duty to inquire into all matters connected with said correctional facil- 14 ities. He or she shall make such rules and regulations, not in conflict 15 with the statutes of this state, for the government of the officers and 16 other employees of the department assigned to said facilities, and in 17 regard to the duties to be performed by them, and for the government and 18 discipline of each correctional facility, as he or she may deem proper, 19 and shall cause such rules and regulations to be recorded by the super- 20 intendent of the facility, and a copy thereof to be furnished to each 21 employee assigned to the facility. He or she shall also prescribe a 22 system of accounts and records to be kept at each correctional facility, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06871-01-9A. 5780 2 1 which system shall be uniform at all of said facilities, and he or she 2 shall also make rules and regulations for a record of photographs and 3 other means of identifying each inmate received into said facilities. He 4 or she shall appoint and remove, subject to the civil service law [ and5 rules], subordinate officers and other employees of the department who 6 are assigned to correctional facilities. 7 2. [ The commissioner shall have the management and control of persons8 released on community supervision and of all matters relating to such9 persons' effective reentry into the community, as well as all contracts10 and fiscal concerns thereof. The commissioner shall have the power and11 it shall be his or her duty to inquire into all matters connected with12 said community supervision. The commissioner shall make such rules and13 regulations, not in conflict with the statutes of this state, for the14 governance of the officers and other employees of the department15 assigned to said community supervision, and in regard to the duties to16 be performed by them, as he or she deems proper and shall cause such17 rules and regulations to be furnished to each employee assigned to18 perform community supervision. The commissioner shall also prescribe a19 system of accounts and records to be kept, which shall be uniform. The20 commissioner shall also make rules and regulations for a record of21 photographs and other means of identifying each inmate released to22 community supervision. The commissioner shall appoint officers and other23 employees of the department who are assigned to perform community super-24 vision.] The commissioner shall establish a staffing plan for all 25 uniformed and non-uniformed employees. With regard to uniformed staff, 26 the commissioner shall establish a staffing plan which shall include, 27 but not be limited to, the number of total security posts that must be 28 staffed by correction officers and correctional sergeants by correction- 29 al facility. These posts shall be delineated by those that are necessary 30 five days per week and seven days per week. The staffing plan shall 31 require that every post be staffed using a ratio of 1.8 correction offi- 32 cers for every seven day post and a ratio of 1.25 correction officers 33 for each five day post. The commissioner shall provide a copy of such 34 staffing plan to the chairs of the senate finance, senate crime victims, 35 crime and correction, assembly ways and means and assembly correction 36 committees by December thirty-first of each year. Such report shall also 37 provide detailed information regarding how the staffing plan was imple- 38 mented during the current fiscal year. This information shall include: 39 (a) the number of correction officers and sergeants by correctional 40 facility that the staffing plan required as well as the actual number of 41 correction officers and sergeants that were available by correctional 42 facility during the current fiscal year. In the event the department 43 deviated from the staffing plan, the commissioner shall provide details 44 on why the staffing plan was not implemented as required pursuant to 45 this section; (b) the number of posts included in the staffing plan for 46 each facility that have been closed on a daily basis, by correctional 47 facility security classification (minimum, medium and maximum); (c) the 48 number of security positions not filled and those eliminated, by correc- 49 tional facility since two thousand one compared to the number of inmates 50 incarcerated in each such facility; and (d) a breakdown by correctional 51 facility security classification (minimum, medium, and maximum) of the 52 staff hours of overtime worked, by year since two thousand one and the 53 annual aggregate costs related to this overtime. In addition, such 54 report shall be delineated by correctional facility security classifica- 55 tion, the annual number of security positions eliminated, the number ofA. 5780 3 1 closed posts and amount of staff hours of overtime accrued as well as 2 the overall overtime expenditures which resulted. 3 3. The commissioner may require reports from the superintendent or any 4 other officer or employee of the department assigned to any correctional 5 facility or to perform community supervision in relation to his or her 6 conduct as such officer or employee, and shall have the power to inquire 7 into any improper conduct which may be alleged to have been committed by 8 any person at any correctional facility or in the course of his or her 9 performance of community supervision, and for that purpose to issue 10 subpoenas to compel the attendance of witnesses, and the production 11 before him or her of books, writings and papers. A subpoena issued under 12 this section shall be regulated by the civil practice law and rules. 13 4. The commissioner and the chair of the parole board shall work 14 jointly to develop and implement, as soon as practicable, a risk and 15 needs assessment instrument or instruments, which shall be empirically 16 validated, that would be administered to inmates upon reception into a 17 correctional facility, and throughout their incarceration and release to 18 community supervision, to facilitate appropriate programming both during 19 an inmate's incarceration and community supervision, and designed to 20 facilitate the successful integration of inmates into the community. 21 § 2. This act shall take effect immediately. Effective immediately 22 the addition, amendment and/or repeal of any rule or regulation neces- 23 sary for the implementation of this act on its effective date are 24 authorized to be made and completed on or before such date.