Bill Text: NY A05428 | 2025-2026 | General Assembly | Introduced


Bill Title: Establishes an ombudsperson for local correctional facilities to receive, investigate and propose resolutions for complaints and grievances concerning the conditions of confinement for individuals currently or formerly incarcerated in local correctional facilities located outside of a city with a population of one million or more.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-14 - referred to correction [A05428 Detail]

Download: New_York-2025-A05428-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5428

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2025
                                       ___________

        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Correction

        AN ACT to amend the correction  law,  in  relation  to  establishing  an
          ombudsperson for local correctional facilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Paragraphs 1 and 5 of subdivision (b) of section 42 of the
     2  correction law, as added by chapter 865 of the laws of 1975, are amended
     3  to read as follows:
     4    1. To investigate, review or take such other action as shall be deemed
     5  necessary or proper in consultation with the ombudsperson  with  respect
     6  to complaints or grievances regarding any local correctional facility or
     7  part thereof as shall be called to its attention in writing.
     8    5.  To report periodically to the commission and the ombudsperson and,
     9  where appropriate, to make such  recommendations  as  are  necessary  to
    10  fulfill the purposes of this article to the commission, the ombudsperson
    11  and to the administrator of any local correctional facility.
    12    §  2. Subdivision (c) of section 42 of the correction law, as added by
    13  chapter 865 of the laws of 1975, is amended to read as follows:
    14    (c) In addition to the functions,  powers  and  duties  prescribed  by
    15  subdivision (b) of this section, the council shall:
    16    1. Advise and assist the commission and the ombudsperson in developing
    17  policies,  plans and programs for improving the commission's performance
    18  of its duties and for coordinating the efforts of the commission and  of
    19  correctional officials to improve conditions of care, treatment, safety,
    20  supervision,  rehabilitation,  recreation,  training  and  education  in
    21  correctional facilities;
    22    2. Foster and promote research and  study  in  areas  of  correctional
    23  policy  and  program  development  deemed  necessary or desirable by the
    24  commission, the ombudsperson or the council;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09191-01-5

        A. 5428                             2

     1    3. Meet at least once per calendar month at a time  and  place  desig-
     2  nated by the [chairman] chair of the council[.];
     3    4.  Request that the ombudsperson make inquiries and/or conduct inves-
     4  tigations into complaints and grievances about  any  local  correctional
     5  facility.
     6    §  3.  The  correction  law is amended by adding a new section 49-a to
     7  read as follows:
     8    § 49-a. Ombudsperson for local correctional facilities.  1.  There  is
     9  hereby  established  the position of ombudsperson for local correctional
    10  facilities within the commission. The  chair  of  the  commission  shall
    11  appoint the ombudsperson. The ombudsperson shall be an attorney licensed
    12  to  practice  law  in  the  state of New York and shall be removable for
    13  cause by the governor. The ombudsperson  shall  have  the  authority  to
    14  receive,  investigate  and propose resolutions for complaints and griev-
    15  ances concerning the conditions of confinement for individuals currently
    16  or  formerly  incarcerated  in  local  correctional  facilities  located
    17  outside of a city with a population of one million or more.
    18    2. The ombudsperson shall have the following powers and duties:
    19    (a) Coordinate meetings and activities with the council;
    20    (b)  Fully  participate  in the development of the policies, plans and
    21  programs of the commission, periodically review  procedures  established
    22  by  the  commission  to  carry  out  the provisions of this section, and
    23  recommend policies, regulations and legislation designed to promote  the
    24  well-being  of  individuals residing in local correctional facilities to
    25  the chair of the commission;
    26    (c) Receive and review complaints  and  grievances  from  any  source,
    27  including  but  not  limited  to  the council, about conditions in local
    28  correctional facilities. The ombudsperson shall  respond  to  each  such
    29  complaint  or  grievance  and  may  investigate further or provide other
    30  information or service;
    31    (d) Visit local correctional facilities at any time to hear complaints
    32  and  grievances  of  incarcerated   individuals,   investigate   alleged
    33  violations of legal or human rights of individuals currently or formerly
    34  incarcerated  in  such  facilities,  and  monitor  grievance  procedures
    35  concerning the individuals incarcerated in such facilities;
    36    (e) Serve as a resource for individuals incarcerated in local  correc-
    37  tional  facilities  and  advise  them of pertinent laws, regulations and
    38  policies, and their rights thereunder;
    39    (f) Enter anywhere on the grounds of any local  correctional  facility
    40  at any time;
    41    (g)  Not  be  compelled  to testify or release records without a court
    42  order, including records  from  any  investigation  that  has  not  been
    43  completed;
    44    (h) Not release any identifying information, personal papers or corre-
    45  spondence  with  any person who has requested assistance from the ombud-
    46  sperson unless that person consents in writing to the  release  of  such
    47  information, papers or correspondence;
    48    (i)  Recommend  policy  changes to the sheriff of a local correctional
    49  facility;
    50    (j) Have the discretion to conduct inspections of  any  local  correc-
    51  tional  facility,  including  the  delivery of medical and mental health
    52  care at such facility;
    53    (k) Report to the chair of the commission, the chair  of  the  council
    54  and  other  commission staff monthly on the number of individuals served
    55  by the ombudsperson,  major  complaints,  grievances  and  other  issues
    56  concerning  the  conditions of confinement in local correctional facili-

        A. 5428                             3

     1  ties, the number and types of complaints and issues  from  each  correc-
     2  tional  facility, the number of facilities visited, the number of inves-
     3  tigations conducted, and such other information  as  the  chair  of  the
     4  commission  or  the  chair of the council shall require. When the ombud-
     5  sperson has concluded an investigation, the final written report of  the
     6  investigation  and any response of the sheriff shall be included in such
     7  report;
     8    (l) Report to the governor, the legislature and the public  concerning
     9  the  complaints  and  grievances  of  individuals  currently or formerly
    10  incarcerated in local correctional facilities on a periodic  basis,  but
    11  not  less  than  annually.  The  report shall indicate the nature of any
    12  complaint or grievance which has been investigated and resolved and  the
    13  manner  in  which it was resolved, the number and kind of complaints and
    14  grievances received from each local  correctional  facility,  and  other
    15  nonconfidential  information  required  by the chair or the legislature.
    16  Such report shall be posted  in  electronic  form  on  the  commission's
    17  website.  A  print copy of the report shall be provided to all libraries
    18  or book lending programs within local correctional facilities. No public
    19  report by the ombudsperson shall disclose information  where  prohibited
    20  by law; and
    21    (m)  Perform  all  other actions necessary to carry out the functions,
    22  powers and duties of the ombudsperson.
    23    3. (a) The ombudsperson may receive communications in  any  form  from
    24  any  individual  who  believes  they  have information that may describe
    25  improper governmental activities, wrongdoings or failure to take  appro-
    26  priate action within any local correctional facility.
    27    (b)  Mail  of  incarcerated  individuals  to the ombudsperson shall be
    28  treated in the same manner as legal mail and may not be restricted by  a
    29  local correctional facility or any other governmental or private entity.
    30    (c)  The  ombudsperson  shall create and disseminate materials for all
    31  individuals incarcerated in local correctional facilities detailing  the
    32  services the ombudsperson can offer to such individuals and how they can
    33  contact the ombudsperson.
    34    (d)  All  individuals  incarcerated  in  local correctional facilities
    35  shall have access to a telephone to make a toll-free call to the  ombud-
    36  sperson  in  a  manner  which  reasonably assures such conversations are
    37  private.  Such calls shall not be recorded  by  the  local  correctional
    38  facility  or  by any telephone service provider operating under contract
    39  with such facility. Any such calls placed by an individual  incarcerated
    40  in  such correctional facility shall not count against such individual's
    41  limit on phone calls pursuant to the rules  of  the  local  correctional
    42  facility.
    43    (e)  The  chair  of  the  commission  shall  maintain a public website
    44  containing a toll-free telephone number and a complaint form for  making
    45  complaints to the ombudsperson.
    46    4. (a) The ombudsperson may investigate complaints and grievances from
    47  any  source pertaining to individuals currently or formerly incarcerated
    48  in local correctional facilities and may in pursuing such  investigation
    49  visit  any  local  correctional  facility  without  prior notice. At the
    50  ombudsperson's request, the local  correctional  facility  shall  inform
    51  individuals  incarcerated  at  the facility of the ombudsperson's avail-
    52  ability on site. The ombudsperson shall have access to any  incarcerated
    53  individual  upon request and the facility shall provide a suitable room,
    54  if so requested, for a confidential meeting with any incarcerated  indi-
    55  vidual  upon  such individual's consent. The ombudsperson shall have the
    56  right to inspect the facility, visit all areas and observe all parts and

        A. 5428                             4

     1  aspects of facility functions and programs. The ombudsperson may  inter-
     2  view  any  state,  county or municipal employee on a confidential basis.
     3  Such employee must comply with the request to be  interviewed,  must  be
     4  given  time  off  to comply with such request, and may be accompanied by
     5  counsel.
     6    (b) The ombudsperson shall have access to all  books,  records,  video
     7  and  audio recordings, logs, reports, medical and mental health records,
     8  memoranda and any and  all  other  materials  or  written  documents  in
     9  possession of any local correctional facility pertaining to such facili-
    10  ty  and/or to specific individuals who are incarcerated or were formerly
    11  incarcerated in such facility. The ombudsperson may copy or refer to any
    12  such records or documents and, unless the entirety  of  such  record  or
    13  document  is confidential pursuant to statute or regulation, may include
    14  a copy in their public report, with any confidential information redact-
    15  ed by the ombudsperson. Consistent with applicable laws and regulations,
    16  the confidentiality of records and documents obtained must be maintained
    17  by the ombudsperson.
    18    (c) The ombudsperson may decline to investigate a complaint or  griev-
    19  ance  or  may act informally to resolve a complaint or grievance without
    20  an investigation, including providing referrals or  information  to  the
    21  complainants,  facilitating resolutions to individual matters, mediating
    22  or providing other assistance.
    23    (d) At the conclusion of an investigation of a complaint or grievance,
    24  the ombudsperson shall report the findings and  recommendations  of  the
    25  investigation  to the complainant and any other person designated by the
    26  complainant to receive such report. If the ombudsperson does not  inves-
    27  tigate  a  complaint or grievance, they shall notify the complainant and
    28  such other person of the decision not to investigate and the reason  for
    29  the  decision.  If  the  complainant  is  deceased  at  the  time of the
    30  completion of an investigation,  the  ombudsperson  shall  report  their
    31  findings  and  recommendations to the complainant's next of kin or other
    32  representative when such person is known to the ombudsperson or  to  the
    33  local correctional facility.
    34    (e)  When  a  complaint or grievance is investigated, the ombudsperson
    35  shall issue a final written report with findings of the investigation to
    36  the chair of the commission, the chair of the council,  the  complainant
    37  and  the  sheriff  of  the  local  correctional facility about which the
    38  complaint or grievance was made. Such report shall include any recommen-
    39  dations for resolving the complaint or grievance. The final  report  and
    40  the  sheriff's  reply shall be posted together on a public website main-
    41  tained by the commission. All identifying information  relating  to  the
    42  complainant  or  any  individual currently or formerly incarcerated in a
    43  local correctional facility and any records or correspondence  from  any
    44  person  who initiated the review of such complaint or grievance shall be
    45  redacted from the public record. Information which would  reveal  confi-
    46  dential  material  that may not be released pursuant to federal or state
    47  law will be redacted by the ombudsperson from any such report  prior  to
    48  publication.
    49    (f)  Where the ombudsperson believes an allegation of criminal miscon-
    50  duct has been made by a complainant, they shall report  such  allegation
    51  to the appropriate law enforcement agency.
    52    5.  (a)  The  sheriff and staff of a local correctional facility shall
    53  cooperate fully with any  investigation,  visit  or  inspection  by  the
    54  ombudsperson  and  shall provide the ombudsperson any and all unredacted
    55  copies of unusual incident reports or other significant records, includ-
    56  ing audio and video recordings, involving any  individual  currently  or

        A. 5428                             5

     1  formerly  incarcerated in such facility as required by the ombudsperson,
     2  as well as any other information the ombudsperson may request.
     3    (b)  The  sheriff  may charge the ombudsperson the cost per copy their
     4  institution pays for reproduction of any  written  documents  copied  or
     5  requested  by  the ombudsperson but may not include staff labor costs or
     6  any other fees for making copies.
     7    (c) The sheriff shall respond in writing to any  recommendations  made
     8  by  the  ombudsperson within forty-five days of the receipt of the final
     9  report of any investigation by such office and shall state with  specif-
    10  icity  any reasons for failing to act on any such recommendation.  Fail-
    11  ure to respond shall be deemed as agreement with the recommendations.
    12    § 4. Subdivision 1 of section 146 of the correction law, as amended by
    13  chapter 274 of the laws of 2019, is amended to read as follows:
    14    1. The following persons shall be authorized to visit at pleasure  all
    15  correctional  facilities:  The governor and lieutenant-governor, commis-
    16  sioner of general services, secretary of state, comptroller  and  attor-
    17  ney-general,  members of the commission of correction, the commission of
    18  correction's ombudsperson and staff, members of the  commission's  citi-
    19  zen's  policy  and  complaint review council, members of the legislature
    20  and their accompanying staff and  any  employee  of  the  department  as
    21  requested  by the member of the legislature if the member requests to be
    22  so accompanied, provided that such request  does  not  impact  upon  the
    23  department's  ability to supervise, manage and control its facilities as
    24  determined by the commissioner, judges of the court of appeals,  supreme
    25  court and county judges, district attorneys and every [clergyman] clergy
    26  member  or  minister,  as  such  terms are defined in section two of the
    27  religious corporations law, having charge of a congregation in the coun-
    28  ty wherein any such facility is situated. No other person not  otherwise
    29  authorized  by  law  shall be permitted to enter a correctional facility
    30  except by authority of the commissioner of correction under  such  regu-
    31  lations as the commissioner shall prescribe.
    32    §  5. This act shall take effect one year after it shall have become a
    33  law.
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