Bill Text: NY S05877 | 2023-2024 | General Assembly | Amended

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Bill Title: Increases the number of members on the state commission of correction; provides for the manner of confirmation of such members.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2024-06-06 - ordered to third reading rules cal.483 [S05877 Detail]

Download: New_York-2023-S05877-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5877--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 20, 2023
                                       ___________

        Introduced  by  Sens. SALAZAR, JACKSON, SEPULVEDA, SKOUFIS -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Crime Victims, Crime and Correction -- recommitted to the Committee
          on Crime Victims, Crime and Correction in accordance with Senate  Rule
          6,  sec.  8 -- reported favorably from said committee and committed to
          the Committee  on  Finance  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        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.
    10    (b)  The  members  appointed  shall include, but not be limited to, at
    11  least one of each of the following:
    12    (i) a person formerly incarcerated in a correctional facility  located
    13  in New York;
    14    (ii) a public health professional;
    15    (iii) a behavioral healthcare professional;
    16    (iv)  an  attorney  duly  licensed to practice in this state who has a
    17  professional background in indigent criminal defense services or prison-
    18  er's rights litigation; and
    19    (v) a professional in any other field deemed useful for the  promotion
    20  of an efficient, humane, and lawful correctional system.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00210-08-4
        S. 5877--A                          2

     1    (c)  The [governor] members of the commission shall annually designate
     2  one of the appointed members as  [chairman]  chairperson  to  serve  [as
     3  such]  at [the] such members of the commission's pleasure [of the gover-
     4  nor].  The members shall devote full time to their duties and shall hold
     5  no other salaried public position.
     6    2.  The  members  shall  hold office for terms of five years; provided
     7  that [of] the [three members first appointed, one shall serve for a term
     8  of two years, one shall serve for a term of three years  and  one  shall
     9  serve  for a term of five years from January first next succeeding their
    10  appointment] first two members appointed by the speaker of the  assembly
    11  shall  serve for a term of two years; the first two members appointed by
    12  the temporary president of the senate shall serve for a  term  of  three
    13  years;  and  the first two members appointed by the correctional associ-
    14  ation shall serve for a term of four years. No member  shall  serve  for
    15  more  than ten years. Any member of the commission may be removed by the
    16  [governor] appointing authority who nominated the member for cause after
    17  an opportunity to be heard in [his] such member's defense.
    18    3. Any member chosen to fill a vacancy created other than  by  expira-
    19  tion  of  term  shall  be appointed for the unexpired term of the member
    20  whom [he] such new member is to succeed.  Vacancies caused by expiration
    21  of term or otherwise shall be filled in  the  same  manner  as  original
    22  appointments.
    23    § 2. This act shall take effect immediately.