NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5709
SPONSOR: Gallagher TITLE OF BILL:
An act to amend the correction law, in relation to the membership of the
state commission of correction
PURPOSE OR GENERAL IDEA OF BILL:
This bill expands the membership of the state commission of correction
from three to nine members, adds requirements for certain types of
professional expertise among members, and reapportions the nominations
of members between the legislature, governor, and correctional associ-
ation.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 1 of section forty-one of the correction
law to add six new members to the commission of correction. The governor
retains the right to appoint three members, while the speaker of the
assembly, president pro tempore of the senate, and the correctional
association gain two nominations each. Provisions requiring a joint
legislative hearing on the qualifications of nominees and one month's
notice of such nomination before an appointment may be made are added.
Paragraph (b) of section forty-one is amended to require that nominees
put forward by, the legislature must have professional expertise in
public health, behavioral healthcare, and indigent defense services or
prisoner's rights litigation, and that one appointee be a person who was
formerly incarcerated. The remaining members may be at-large, and the
members of the commission are authorized to designate their own chairman
annually.
Subdivision two of section forty-one is amended to stagger the appoint-
ments of the new commissioners.
Subdivision three of section forty-one is amended to permit the members
of the commission to temporarily fill seats that have been vacant for a
period of 180 days or longer.
Section two is the effective date.
JUSTIFICATION:
The State Commission of Correction was created pursuant to the 1894
constitution of the state of New York and originally featured nine
commissioners. It has always been intended to provide independent over-
sight and regulatory power over any correctional facility in New York
State, from police lock-ups to jails and state prisons. In order to
increase the diversity of the perspectives and expertise of the commis-
sioners, six new commissioners are added to the commission, which
currently features only three members, all of whom have spent their
careers in correctional administration. In order to curtail the influ-
ence of the executive branch over the commission's activities, given
that the state prison system is a part of the executive branch of
government, four of the nominations are delegated to the legislature and
two to the correctional association.
The correctional association is a state-chartered, independent non-pro-
fit organization that has been inspecting New York state prisons since
the 1840s pursuant to unique statutory privileges and is well-suited to
participate in the determination of the commission's membership. This
bill, if enacted, would strengthen the role of the SCOC in providing
independent oversight over state and local correctional facilities in
New York.
PRIOR LEGISLATIVE HISTORY:
A8461 (2022) - died in committee.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This bill is effective immediately.
STATE OF NEW YORK
________________________________________________________________________
5709
2023-2024 Regular Sessions
IN ASSEMBLY
March 22, 2023
___________
Introduced by M. of A. GALLAGHER, AUBRY, DICKENS, FORREST, MAMDANI --
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. No
10 nominee shall be confirmed unless: (i) at least thirty days have passed
11 from the date that such nominee was nominated by the appointing authori-
12 ty; (ii) at least ten days have passed after the convening of a legisla-
13 tive hearing or hearings conducted by the relevant committees of the
14 senate and assembly regarding the nominee's qualifications at which the
15 nominee shall appear; and (iii) a majority of members of each relevant
16 senate committee shall have voted to report the nomination to the full
17 senate.
18 (b) Of the members appointed by the speaker of the assembly, one shall
19 be a person formerly incarcerated in a correctional facility located in
20 New York and one shall have a professional background in public health.
21 Of the members appointed by the temporary president of the senate, one
22 shall have a professional background in behavioral healthcare and one
23 shall be an attorney duly licensed to practice in this state and shall
24 have a professional background in indigent criminal defense services or
25 prisoner's rights litigation. The remaining members of the commission
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00210-05-3
A. 5709 2
1 may have professional expertise in any other field deemed useful for the
2 promotion of an efficient, humane, and lawful correctional system. The
3 [governor] members of the commission shall annually designate one of the
4 appointed members as [chairman] chairperson to serve [as such] at [the]
5 their pleasure [of the governor]. The members shall devote full time to
6 their duties and shall hold no other salaried public position.
7 2. The members shall hold office for terms of five years; provided
8 that [of] the [three members first appointed, one shall serve for a term
9 of two years, one shall serve for a term of three years and one shall
10 serve for a term of five years from January first next succeeding their
11 appointment] first two members appointed by the speaker of the assembly
12 shall serve for a term of two years; the first two members appointed by
13 the temporary president of the senate shall serve for a term of three
14 years; and the first two members appointed by the correctional associ-
15 ation shall serve for a term of four years. No member shall serve for
16 more than ten years. Any member of the commission may be removed by the
17 governor for cause after an opportunity to be heard in his or her
18 defense.
19 3. Any member chosen to fill a vacancy created other than by expira-
20 tion of term shall be appointed for the unexpired term of the member
21 whom he or she is to succeed. Vacancies caused by expiration of term or
22 otherwise shall be filled in the same manner as original appointments;
23 provided, however, that if a position on the commission remains vacant
24 for any period longer than one hundred eighty days, the members of the
25 commission may select an individual to temporarily fill such vacancy
26 whose selection satisfies the original requirements of the appointment
27 pursuant to paragraph (b) of subdivision one of this section.
28 § 2. This act shall take effect immediately.
