Bill Text: NY S04921 | 2023-2024 | General Assembly | Introduced

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Bill Title: Creates a temporary state commission relating to local correctional facilities in upstate New York; provides commission study shall place emphasis on medical and mental health care, overcrowding, incarcerated individual deaths, use of force, restraints, and all segregation and confinement practices and solitary confinement.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04921 Detail]

Download: New_York-2023-S04921-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4921

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 17, 2023
                                       ___________

        Introduced by Sens. SEPULVEDA, MYRIE, SALAZAR, SANDERS -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Crime Victims, Crime and Correction

        AN ACT creating a temporary state commission relating to  local  correc-
          tional facilities in upstate New York; and providing for the repeal of
          such provisions upon expiration thereof

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

     1    Section 1. A temporary state commission is hereby created to study and
     2  make recommendations relating to local correctional  facilities  located
     3  outside  of  the boundaries of a city with a population of more than one
     4  million people. The commission will place particular emphasis on medical
     5  and mental health care (including the use of private contractors), over-
     6  crowding, incarcerated individuals' deaths, use  of  force,  restraints,
     7  and  all segregation and confinement practices and solitary confinement,
     8  but will not be restricted to those topics.
     9    § 2. The commission shall consist of eleven members to be appointed as
    10  follows:
    11    a. The chairman of the temporary state commission of correction estab-
    12  lished pursuant to section one of this act and the executive director of
    13  the independent agency which conducts and coordinates the protection and
    14  advocacy and client assistance  programs,  as  established  pursuant  to
    15  subdivision  (b) of section 558 of the executive law and federal law, or
    16  their representatives;
    17    b. Nine members to be appointed as follows: three shall  be  appointed
    18  by  the  governor;  two shall be appointed by the temporary president of
    19  the senate and one by the minority leader of the senate; and  two  shall
    20  be  appointed  by  the  speaker  of the assembly and one by the minority
    21  leader of the assembly. Of the three members appointed by the  governor,
    22  none shall be an elected official or current employee of a local correc-
    23  tional facility or other branch of county government.  Such nine members

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01447-02-3
        S. 4921                             2

     1  of  the  commission  must  reside  in counties under the purview of this
     2  commission.  Vacancies in the appointed  membership  of  the  commission
     3  shall be filled in the manner provided for original appointments.
     4    c.  Membership on the commission shall not constitute a public office.
     5  The governor shall appoint the chair of the commission.
     6    § 3. The members of the commission shall receive no  compensation  for
     7  their services, but shall be allowed their actual and necessary expenses
     8  incurred in the performance of their duties pursuant to this act.
     9    §  4. The members of the commission shall be given unrestricted access
    10  to all local correctional facilities in the state, including the ability
    11  to conduct  confidential  interviews  of  incarcerated  individuals  and
    12  employees  of  such  facilities  and to receive unredacted copies of any
    13  documents maintained by such facilities,  although  documents  that  are
    14  confidential under state or federal law may not be disclosed to individ-
    15  uals or organizations otherwise unauthorized to obtain such documents by
    16  the  commission  or its members. The commission shall also hold at least
    17  one public hearing in each of the cities  of  Albany,  Buffalo,  Platts-
    18  burgh,  Poughkeepsie,  Rochester, Syracuse and Utica, and shall have all
    19  the powers of a legislative committee pursuant to the legislative law.
    20    § 5. The commission shall issue periodic reports, no less than annual-
    21  ly, of its findings and publish a final report of its findings and  make
    22  any  recommendations it may deem necessary and appropriate to the gover-
    23  nor, the temporary president of the senate, the speaker of the assembly,
    24  the chairperson of  the  senate  crime  victims,  crime  and  correction
    25  committee,  and  the chairperson of the assembly committee on correction
    26  no later than three years after the effective  date  of  this  act.  The
    27  report  shall also make recommendations for needed regulatory changes to
    28  the chairperson of the state commission of correction.
    29    § 6. This act shall take effect immediately and shall  expire  and  be
    30  deemed repealed 3 years after such date.