Bill Text: NY S08046 | 2019-2020 | General Assembly | Introduced
Bill Title: Permits the correctional association to access, visit, inspect, and examine all state correctional facilities without advance notice to the department; during such visits the association shall have the power to interview and converse publicly or confidentially with any correctional employee, any incarcerated individual, and any other person providing services in a state correctional facility, whether or not employed by such facility.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2020-12-02 - APPROVAL MEMO.30 [S08046 Detail]
Download: New_York-2019-S08046-Introduced.html
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. LBD15807-01-0S. 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.
