Bill Text: NY S00875 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the correctional association's ability to access, visit, inspect, and examine all state correctional facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-09 - SUBSTITUTED BY A1249 [S00875 Detail]

Download: New_York-2021-S00875-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           875

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN  ACT  to  amend  the  correction law, in relation to the correctional
          association's ability to access, visit, inspect, and examine all state
          correctional facilities; and to amend a chapter of the  laws  of  2020
          amending  the  correction  law relating to permitting the correctional
          association to access, visit, inspect, and examine all  state  correc-
          tional  facilities,  as  proposed in legislative bills numbers S. 8046
          and A. 10194, in relation to the effectiveness thereof

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

     1    Section  1.  Subdivision  3  of  section 146 of the correction law, as
     2  added by a chapter of the laws  of  2020  amending  the  correction  law
     3  relating  to  permitting  the correctional association to access, visit,
     4  inspect, and examine all state correctional facilities, as  proposed  in
     5  legislative  bills  numbers  S. 8046 and A. 10194, is amended to read as
     6  follows:
     7    3. a. Notwithstanding any other provision of law to the contrary,  the
     8  correctional  association  shall  be  permitted[,  at  its pleasure,] to
     9  access, visit, inspect, and examine all  state  correctional  facilities
    10  [without] with seventy-two hours advance notice to the department. Up to
    11  twelve people may comprise the [correctional association] visiting party
    12  [Except  for documents or records created about employees of the depart-
    13  ment solely for supervisory or disciplinary purposes,  the  correctional
    14  association  shall  be given unfettered access to all paper, electronic,
    15  and digital records, including but not  limited  to  documents,  papers,
    16  logbooks, emails, books, data, video and audio recordings, policies, and
    17  procedures  pertaining to the management, condition, issues or operation
    18  of any state correctional facility, including the individual records  of
    19  incarcerated  individuals  that are not otherwise confidential under the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07163-01-1
        S. 875                              2

     1  mental hygiene law or federal law.]; provided, however, that  only  four
     2  people  from  the  party may enter a special housing facility or unit at
     3  the same time. Prior to  the  visitation  authorized  pursuant  to  this
     4  subdivision,  the  correctional association shall provide to the depart-
     5  ment on, at least, an annual basis a list of people who will be visiting
     6  the facility or facilities, including names, dates  of  birth,  driver's
     7  license  numbers  and their designation as an employee, board member, or
     8  designee in order  for  the  department  to  perform  prompt  background
     9  checks.  The  department may [not] place restrictions on such visits and
    10  inspections[, including during periods] when [facilities are] a facility
    11  is locked down[, although they may restrict access to  a  portion  of  a
    12  facility  in  emergency situations for the duration of the emergency] or
    13  experiencing a facility wide emergency. In addition, the department  may
    14  restrict access to a portion of a facility in an emergency situation for
    15  the  duration of the emergency.  For the purpose of this subdivision, an
    16  emergency shall be determined by the commissioner or his or her designee
    17  and defined as a significant risk to  the  safety  or  security  of  the
    18  facility,  or  the  health,  safety or security of staff or incarcerated
    19  individuals, or an event that significantly compromises  the  operations
    20  of the facility.
    21    b.  Upon  twenty-four hours advance notice, at the commencement of any
    22  visits to, or inspections and examinations of, state correctional facil-
    23  ities, the superintendent and executive team, to the  extent  [possible]
    24  practicable,  shall meet with the correctional association. Upon twenty-
    25  four  hours  advance  notice,  the  correctional  association  may  meet
    26  privately  with  the inmate liaison committee and representatives of the
    27  inmate grievance resolution committee or any other [inmate] organization
    28  of [its choosing] incarcerated individuals recognized by the department.
    29    c. During the course of any such  visit,  inspection  or  examination,
    30  upon  consent  of the person being interviewed, the correctional associ-
    31  ation shall have the power to interview and converse publicly or  confi-
    32  dentially with any correctional employee[,] or any incarcerated individ-
    33  ual[,  and  any  other person providing services in a state correctional
    34  facility, whether or not employed by  such  facility].  Such  interviews
    35  shall  not  be  restricted  by  the  department or attended by anyone on
    36  behalf of the department nor shall there be any retaliation  or  adverse
    37  action  taken  by  the department or other state agency against [anyone]
    38  any incarcerated individual who agrees to speak  with  the  correctional
    39  association.  The department may not limit the number of individuals the
    40  correctional  association  may  interview  or  the   duration   of   the
    41  interviews,  in  any  manner  unreasonable  under the circumstances. The
    42  correctional association shall have the power to conduct private, confi-
    43  dential meetings [at their pleasure and without notice  to  the  depart-
    44  ment]  reasonable  in  number  under the circumstances with incarcerated
    45  people in housing units and in attorney visiting rooms or other rooms in
    46  the facility in which their conversations will remain  confidential.  No
    47  department employee may attend or listen to any such meeting without the
    48  consent of the correctional association.
    49    d.  [The  correctional  association  may at any time request and shall
    50  promptly receive from the department or any other agency of the state or
    51  public authority such paper, electronic, and digital  records  including
    52  but not limited to any and all documents, papers, logbooks, books, data,
    53  video, audio, policies, procedures, directives and emails related to the
    54  management,  conditions  of  confinement  and treatment of persons under
    55  custody, issues or operation of any state correctional facility, includ-
    56  ing policies, practices and procedures relating to  staff  training  and
        S. 875                              3

     1  recruitment,  so  as to enable the correctional association to carry out
     2  its mission and duties, regardless  of  whether  such  requested  paper,
     3  electronic,  and  digital records could have been withheld under article
     4  six  of the public officers law. Any such paper, electronic, and digital
     5  records provided to the correctional association by the department  does
     6  not  constitute  a  waiver of any confidentiality or privilege regarding
     7  such records. The correctional association shall  not  be  compelled  to
     8  testify or release records that are otherwise exempt from public disclo-
     9  sure,  including  identifying  information  or  correspondence  with any
    10  person, without a court order unless that person consents in writing  to
    11  the release of such information.
    12    e.  The correctional association shall periodically, but not less than
    13  every five years, conduct inspections of each state correctional facili-
    14  ty and shall issue reports and  recommendations  to  the  governor,  the
    15  legislature  and the public about the conditions and issues at each such
    16  facility. The department shall issue a timely response to  said  reports
    17  and  include explanations of any actions that have been or will be taken
    18  to address the issues  raised  therein.]  The  correctional  association
    19  shall  periodically,  but  not  less  than  every  five  years,  conduct
    20  inspections of each state correctional facility and shall issue  reports
    21  and  recommendations  to  the  governor,  the legislature and the public
    22  about the conditions and issues at each such  facility.  When  preparing
    23  such  formal  reports  and recommendations, the correctional association
    24  shall submit a tentative copy of such report and recommendations to  the
    25  commissioner.  The  commissioner  may  submit a written response to such
    26  tentative report within sixty days of  the  receipt  thereof.  When  the
    27  correctional  association thereafter submits its final report and recom-
    28  mendations, it shall contain a complete copy of the  response,  if  any,
    29  submitted to the tentative report and recommendations.
    30    [f.]  e.  The  correctional  association may send surveys or question-
    31  naires to people in custody  concerning  conditions  of  confinement  or
    32  other  subjects within the scope of their mission without prior approval
    33  of the department. [The department shall distribute  such  surveys  when
    34  requested by the correctional association.] The correctional association
    35  may also receive phone calls from incarcerated individuals and/or set up
    36  a  hotline  for [such individuals to contact them] individuals to use if
    37  they choose to contact them.
    38    [g. In any case where the department or an employee thereof shall fail
    39  to comply with the provisions  of  this  subdivision,  the  correctional
    40  association  may apply to the supreme court for an order directed to the
    41  department or such employee of the department requiring compliance ther-
    42  ewith. Upon such application, the court may issue such order as  may  be
    43  just  and  a  failure  to  comply with the order of the court shall be a
    44  contempt of court and be punishable as such; any  action  or  proceeding
    45  commenced  by  the correctional association pursuant to this subdivision
    46  shall have a preference over  all  other  cases,  except  habeas  corpus
    47  proceedings,  pending  before  the  court.]  f.  The inspection of state
    48  correctional facilities by the correctional association pursuant to this
    49  subdivision shall be undertaken solely in furtherance of the correction-
    50  al association's lawful powers, duties and obligations, and  information
    51  obtained pursuant to these powers shall be used solely in furtherance of
    52  the  correctional  association's  mission.  Employees, board members and
    53  designees shall be required to sign a waiver as  a  condition  of  entry
    54  into a correctional facility pursuant to this subdivision.
    55    §  2.  Section  3  of  a  chapter  of  the  laws  of 2020 amending the
    56  correction law relating to permitting the  correctional  association  to
        S. 875                              4

     1  access,  visit,  inspect, and examine all state correctional facilities,
     2  as proposed in legislative bills  numbers  S.  8046  and  A.  10194,  is
     3  amended to read as follows:
     4    §  3. This act shall take effect on the [ninetieth] one hundred eight-
     5  ieth day after it shall have become a law.
     6    § 3. This  act  shall  take  effect  immediately,  provided,  however,
     7  section  one  of  this act shall take effect on the same date and in the
     8  same manner as a chapter of the laws of 2020 amending the correction law
     9  relating to permitting the correctional association  to  access,  visit,
    10  inspect,  and  examine all state correctional facilities, as proposed in
    11  legislative bills numbers S. 8046 and A. 10194, takes effect.