Bill Text: NY A06482 | 2023-2024 | General Assembly | Introduced

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Bill Title: Creates a temporary state commission relating to local correctional facilities in upstate New York; provides commission study shall place emphasis on medical and mental health care, overcrowding, incarcerated individual deaths, use of force, restraints, and all segregation and confinement practices and solitary confinement.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - referred to correction [A06482 Detail]

Download: New_York-2023-A06482-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6482

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 11, 2023
                                       ___________

        Introduced by M. of A. WEPRIN, LUPARDO, KELLES -- read once and referred
          to the Committee on Correction

        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,  incarcerated individual deaths, use of force, restraints, and
     7  all segregation and confinement practices and solitary confinement,  but
     8  will not be 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 section one of this act and the executive director of
    13  the independent agency which conducts and coordinates the protection and
    14  advocacy  and  client  assistance  programs,  as established pursuant to
    15  subdivision (b) of section 558 of the executive law and federal law,  or
    16  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
    24  of the commission must reside in counties  under  the  purview  of  this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01447-01-3
        A. 6482                             2

     1  commission.    Vacancies  in  the appointed membership of the commission
     2  shall be filled in the manner provided for original appointments.
     3    c.  Membership on the commission shall not constitute a public office.
     4  The governor shall appoint the chair of the commission.
     5    § 3. The members of the commission shall receive no  compensation  for
     6  their services, but shall be allowed their actual and necessary expenses
     7  incurred in the performance of their duties pursuant to this act.
     8    §  4. The members of the commission shall be given unrestricted access
     9  to all local correctional facilities in the state, including the ability
    10  to conduct  confidential  interviews  of  incarcerated  individuals  and
    11  employees  of  such  facilities  and to receive unredacted copies of any
    12  documents maintained by such facilities,  although  documents  that  are
    13  confidential under state or federal law may not be disclosed to individ-
    14  uals or organizations otherwise unauthorized to obtain such documents by
    15  the  commission  or its members. The commission shall also hold at least
    16  one public hearing in each of the cities  of  Albany,  Buffalo,  Platts-
    17  burgh,  Poughkeepsie,  Rochester, Syracuse and Utica, and shall have all
    18  the powers of a legislative committee pursuant to the legislative law.
    19    § 5. The commission shall issue periodic reports, no less than annual-
    20  ly, of its findings and publish a final report of its findings and  make
    21  any  recommendations it may deem necessary and appropriate to the gover-
    22  nor, the temporary president of the senate, the speaker of the assembly,
    23  the chairperson of  the  senate  crime  victims,  crime  and  correction
    24  committee,  and  the chairperson of the assembly committee on correction
    25  no later than three years after the effective  date  of  this  act.  The
    26  report  shall also make recommendations for needed regulatory changes to
    27  the chairperson of the state commission of correction.
    28    § 6. This act shall take effect immediately and shall  expire  and  be
    29  deemed repealed 3 years after such date.