Bill Text: NY A04373 | 2019-2020 | General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-03-07 - print number 4373a [A04373 Detail]

Download: New_York-2019-A04373-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         4373--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        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.
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