STATE OF NEW YORK
________________________________________________________________________
5877
2023-2024 Regular Sessions
IN SENATE
March 20, 2023
___________
Introduced by Sen. SALAZAR -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
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. No
10 nominee shall be confirmed unless: (i) at least thirty days have passed
11 from the date that such nominee was nominated by the appointing authori-
12 ty; (ii) at least ten days have passed after the convening of a legisla-
13 tive hearing or hearings conducted by the relevant committees of the
14 senate and assembly regarding the nominee's qualifications at which the
15 nominee shall appear; and (iii) a majority of members of each relevant
16 senate committee shall have voted to report the nomination to the full
17 senate.
18 (b) Of the members appointed by the speaker of the assembly, one shall
19 be a person formerly incarcerated in a correctional facility located in
20 New York and one shall have a professional background in public health.
21 Of the members appointed by the temporary president of the senate, one
22 shall have a professional background in behavioral healthcare and one
23 shall be an attorney duly licensed to practice in this state and shall
24 have a professional background in indigent criminal defense services or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00210-05-3
S. 5877 2
1 prisoner's rights litigation. The remaining members of the commission
2 may have professional expertise in any other field deemed useful for the
3 promotion of an efficient, humane, and lawful correctional system. The
4 [governor] members of the commission shall annually designate one of the
5 appointed members as [chairman] chairperson to serve [as such] at [the]
6 their pleasure [of the governor]. The members shall devote full time to
7 their duties and shall hold no other salaried public position.
8 2. The members shall hold office for terms of five years; provided
9 that [of] the [three members first appointed, one shall serve for a term
10 of two years, one shall serve for a term of three years and one shall
11 serve for a term of five years from January first next succeeding their
12 appointment] first two members appointed by the speaker of the assembly
13 shall serve for a term of two years; the first two members appointed by
14 the temporary president of the senate shall serve for a term of three
15 years; and the first two members appointed by the correctional associ-
16 ation shall serve for a term of four years. No member shall serve for
17 more than ten years. Any member of the commission may be removed by the
18 governor for cause after an opportunity to be heard in his or her
19 defense.
20 3. Any member chosen to fill a vacancy created other than by expira-
21 tion of term shall be appointed for the unexpired term of the member
22 whom he or she is to succeed. Vacancies caused by expiration of term or
23 otherwise shall be filled in the same manner as original appointments;
24 provided, however, that if a position on the commission remains vacant
25 for any period longer than one hundred eighty days, the members of the
26 commission may select an individual to temporarily fill such vacancy
27 whose selection satisfies the original requirements of the appointment
28 pursuant to paragraph (b) of subdivision one of this section.
29 § 2. This act shall take effect immediately.