Bill Text: NY A02315 | 2025-2026 | General Assembly | Introduced

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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 28-1)

Status: (Introduced) 2025-01-16 - referred to correction [A02315 Detail]

Download: New_York-2025-A02315-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2315

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 16, 2025
                                       ___________

        Introduced  by M. of A. GALLAGHER, FORREST, MAMDANI, JACOBSON, SHRESTHA,
          EPSTEIN, KELLES, WEPRIN, MITAYNES, LEVENBERG,  GIBBS,  DAVILA,  REYES,
          RAGA,   TAPIA,  SHIMSKY,  GONZALEZ-ROJAS,  GALLAHAN,  BURDICK,  SIMON,
          TAYLOR, COOK -- read once and referred to the Committee on Correction

        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.
    21    (c) The [governor] members of the commission shall annually  designate
    22  one  of  the  appointed  members  as [chairman] chairperson to serve [as
    23  such] at [the] such members of the commission's pleasure [of the  gover-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00923-01-5
        A. 2315                             2

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