Assembly Announces the Passage of Legislation to Improve New York State's Corrections System

Speaker Carl Heastie and Corrections Committee Chair Erik Dilan today announced the passage of legislation to make a series of changes to New York’s corrections system, improving safety for incarcerated individuals (A8871, Dilan).

“The recent series of violent deaths within our prisons have indicated that change is needed to ensure our incarcerated individuals can serve their time and rejoin society without fearing for their lives,” said Speaker Heastie. “This legislation is an important step to improve accountability and improve prison safety.”

“The deaths of Robert Brooks and Messiah Nantwi should not have happened, full stop,” said Chair Dilan. “But this bill is a first step into ensuring their deaths lead to a series of changes within the corrections system to improve public trust and safety.”

Security Cameras and Footage Disclosure

This bill improves transparency and accountability within the corrections system by increasing the coverage of security cameras to ensure there are no areas within the facility not clearly recorded. Additionally, this legislation requires any footage related to the death of an incarcerated individual involving corrections officers to be disclosed to the attorney general’s office within 72 hours of the death.

Transparency and Accountability

This legislation also requires the Department of Corrections and Community Supervision (DOCCS) to notify the next of kin and any designated representative of an incarcerated individual of the circumstances surrounding their death and publish a public notice of the death on the department’s website.

The Correctional Association of New York (CANY) will also now be permitted to conduct an inspection of any state correctional facility with a 24-hour notice to the facility. CANY will also be able to request any data or documentation covered by the Freedom of Information Act without filing a request if it’s related to their ability to conduct their duties.

The commissioner of DOCCS is required to collect data from the Office of Special Investigations related to the complaints they received and provide a report to the legislature and the governor on a quarterly basis.

Expanding the State Commission of Corrections

This bill expands the State Commission of Corrections by adding six new commissioners. This legislation also requires the commission to conduct a study on the deaths in state correctional facilities to provide insight into ways to improve prison conditions.

Terry Cooper Autopsy Accountability Act

This legislation also includes the Terry Cooper Autopsy Accountability Act that seeks to expand the collection of evidence during autopsies of incarcerated individuals by requiring the autopsy report to include all photographs, microscopic slides and post-mortem x-rays.

Civil Damages and Prosecution Changes

This bill also expands the statute of limitations to three years from the date of release, allowing formerly incarcerated individuals to recover damages from physical, psychological, or other injury or conditions incurred during incarceration.

This legislation also takes steps to remove conflicts of interest related to the prosecution and/or the defense of Department of Corrections and Community Supervision employees for the attorney general and provides the opportunity to select a special attorney to act as the attorney general when necessary.

“There should be no reason why someone enters prison and never makes it out alive,” said Assemblymember Catalina Cruz. “The provisions within this bill that require the preservation and reporting of video footage related to in-custody deaths and extend the statute of limitations for incarcerated survivors to seek justice, are critical to ensuring transparency and accountability. If we’re serious about building a correctional system that protects human rights, then we have to make sure harm can’t be hidden—and that those who’ve been harmed have a real path to justice.”

“This provision ensures that no family will be without answers on the situation surrounding the death of their loved one within a correctional facility,” said Assemblymember Harvey Epstein. “By requiring the notification of next of kin and the publication of the notice online, we’re working to keep our corrections system transparent and accountable to all events taking place within prisons and jails.”

“We started this session with the image of Mr. Robert Brooks' lynching burned into our minds,” said Assemblymember Emily Gallagher. “For those of us who are legislators, his murder lit a fire under us to increase oversight and accountability to protect our incarcerated community members. I am honored that two bills I sponsored — the SCOC expansion bill and the Terry Cooper Autopsy Accountability Act — were included in the prison reform omnibus bill. These, along with the rest of the bills included in the omnibus bill, are incredibly important to ensure that incarcerated people can trust that there will be oversight, accountability, and transparency related to how they are treated while in state custody.”

“Time and again, video footage has been key to exposing violence and ensuring accountability in our prisons and jails,” said Assemblymember Yudelka Tapia. “This provision will require that camera systems are comprehensive so they can serve as critical evidence to protect both incarcerated individuals and staff and help uphold justice in our correctional system.”

“The expansion of the camera system and the assurance that the video equipment is working across our prisons and jails is critical to keeping our system accountable and transparent,” said Assemblymember Clyde Vanel. “I want to thank the Speaker and Corrections Chair Dilan for working to ensure that comprehensive camera coverage is included within this package of legislation.”

“CANY has done critical work to monitor conditions and provide accountability in our correctional system,” said Assemblymember David Weprin. “As the former chair of the Committee on Correction, I highly valued CANY's reports on the conditions and wellbeing of our incarcerated population. This bill will ensure that CANY has greater access to facilities and the data they need to improve our correctional system.”