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S08046 Summary:

S08046 Actions:

S08046 Committee Votes:

S08046 Floor Votes:

S08046 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8046
 
                    IN SENATE
 
                                     March 12, 2020
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- 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  permitting  the
          correctional  association  to  access, visit, inspect, and examine all
          state correctional facilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 2 of the correction law is amended by adding a new
     2  subdivision 32 to read as follows:
     3    32. "Correctional association" means the correctional  association  of
     4  New  York,  duly  incorporated  by  chapter  six of the laws of eighteen
     5  forty-six, and any of its employees, board members, and designees.
     6    § 2. Section 146 of the correction law is  amended  by  adding  a  new
     7  subdivision 3 to read as follows:
     8    3.  a. Notwithstanding any other provision of law to the contrary, the
     9  correctional association shall be permitted, at its pleasure, to access,
    10  visit, inspect, and examine all state  correctional  facilities  without
    11  advance  notice  to the department. Up to twelve people may comprise the
    12  correctional association visiting party. Except for documents or records
    13  created about employees of the  department  solely  for  supervisory  or
    14  disciplinary  purposes,  the  correctional  association  shall  be given
    15  unfettered access to all paper, electronic, and digital records, includ-
    16  ing but not limited to documents, papers, logbooks, emails, books, data,
    17  video and audio recordings, policies, and procedures pertaining  to  the
    18  management,  condition,  issues  or  operation of any state correctional
    19  facility, including the individual records of  incarcerated  individuals
    20  that  are  not  otherwise  confidential  under the mental hygiene law or
    21  federal law. The department may not place restrictions  on  such  visits
    22  and  inspections,  including  during  periods when facilities are locked
    23  down, although they may restrict access to a portion of  a  facility  in
    24  emergency situations for the duration of the emergency.
    25    b.  Upon  twenty-four hours advance notice, at the commencement of any
    26  visits to, or inspections and examinations of, state correctional facil-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15807-01-0
        S. 8046                             2
 
     1  ities, the superintendent and executive team, to  the  extent  possible,
     2  shall  meet  with  the  correctional association. Upon twenty-four hours
     3  advance notice, the correctional association may meet privately with the
     4  inmate  liaison  committee  and  representatives of the inmate grievance
     5  resolution committee or any other inmate organization of its choosing.
     6    c. During the course of any such  visit,  inspection  or  examination,
     7  upon  consent  of the person being interviewed, the correctional associ-
     8  ation shall have the power to interview and converse publicly or  confi-
     9  dentially  with  any correctional employee, any incarcerated individual,
    10  and any other person providing services in a state correctional  facili-
    11  ty,  whether or not employed by such facility. Such interviews shall not
    12  be restricted by the department or attended by anyone on behalf  of  the
    13  department nor shall there be any retaliation or adverse action taken by
    14  the  department or other state agency against anyone who agrees to speak
    15  with the correctional association. The  department  may  not  limit  the
    16  number  of individuals the correctional association may interview or the
    17  duration of the interviews. The correctional association shall have  the
    18  power  to  conduct  private, confidential meetings at their pleasure and
    19  without notice to the department with  incarcerated  people  in  housing
    20  units  and  in attorney visiting rooms or other rooms in the facility in
    21  which  their  conversations  will  remain  confidential.  No  department
    22  employee may attend or listen to any such meeting without the consent of
    23  the correctional association.
    24    d.  The  correctional  association  may  at any time request and shall
    25  promptly receive from the department or any other agency of the state or
    26  public authority such paper, electronic, and digital  records  including
    27  but not limited to any and all documents, papers, logbooks, books, data,
    28  video, audio, policies, procedures, directives and emails related to the
    29  management,  conditions  of  confinement  and treatment of persons under
    30  custody, issues or operation of any state correctional facility, includ-
    31  ing policies, practices and procedures relating to  staff  training  and
    32  recruitment,  so  as to enable the correctional association to carry out
    33  its mission and duties, regardless  of  whether  such  requested  paper,
    34  electronic,  and  digital records could have been withheld under article
    35  six of the public officers law. Any such paper, electronic, and  digital
    36  records  provided to the correctional association by the department does
    37  not constitute a waiver of any confidentiality  or  privilege  regarding
    38  such  records.  The  correctional  association shall not be compelled to
    39  testify or release records that are otherwise exempt from public disclo-
    40  sure, including  identifying  information  or  correspondence  with  any
    41  person,  without a court order unless that person consents in writing to
    42  the release of such information.
    43    e. The correctional association shall periodically, but not less  than
    44  every five years, conduct inspections of each state correctional facili-
    45  ty  and  shall  issue  reports  and recommendations to the governor, the
    46  legislature and the public about the conditions and issues at each  such
    47  facility.  The  department shall issue a timely response to said reports
    48  and include explanations of any actions that have been or will be  taken
    49  to address the issues raised therein.
    50    f.  The correctional association may send surveys or questionnaires to
    51  people in custody concerning conditions of confinement or other subjects
    52  within their mission without  prior  approval  of  the  department.  The
    53  department  shall  distribute such surveys when requested by the correc-
    54  tional association. The correctional association may also receive  phone
    55  calls  from  incarcerated  individuals  and/or set up a hotline for such
    56  individuals to contact them.
        S. 8046                             3
 
     1    g. In any case where the department or an employee thereof shall  fail
     2  to  comply  with  the  provisions  of this subdivision, the correctional
     3  association may apply to the supreme court for an order directed to  the
     4  department or such employee of the department requiring compliance ther-
     5  ewith.  Upon  such application, the court may issue such order as may be
     6  just and a failure to comply with the order of  the  court  shall  be  a
     7  contempt  of  court  and be punishable as such; any action or proceeding
     8  commenced by the correctional association pursuant to  this  subdivision
     9  shall  have  a  preference  over  all  other cases, except habeas corpus
    10  proceedings, pending before the court.
    11    § 3. This act shall take effect on the ninetieth day  after  it  shall
    12  have become a law.