Provides notice of the death of an incarcerated individual occurring in the custody of the department of corrections and community supervision; requires the department to promptly notify the next kin and any other person designated as the representative of any incarcerated individual whose death takes place during custody.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1010A
SPONSOR: Epstein (MS) TITLE OF BILL:
An act to amend the correction law, in relation to providing notice of
the death of an incarcerated individual occurring in the custody of the
department of corrections and community supervision
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to provide for public notice of the death of
any individual in the custody of the Department of Corrections and
Community Supervision (DOCCS).
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend section 624 of the correction law to
require the Department of Corrections and Community Supervision (DOCCS)
to promptly notify the next of kin of a decedent in its custody. Within
24 hours after the next of kin notification, DOCCS shall publish a
notice on the department's website.
Section 2 would provide for the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version of this bill clarifies the requirements for public
notification of the death of any individual in DOCCS custody.
JUSTIFICATION:
"This bill promotes transparency and accountability within the
corrections system, allowing for public oversight. Research has consist-
ently shown that transparency is vital in maintaining trust and prevent-
ing abuses of power within institutions. A 2019 survey conducted by the
National Institute of Justice found that increased transparency in
correctional facilities is associated with lower rates of violence and
misconduct.
Transparent reporting enables prompt investigations into the causes and
circumstances surrounding deaths, facilitating the identification and
resolution of systemic issue's that may jeopardize incarcerated individ-
uals' welfare. Research by the Vera Institute of Justice has shown that
transparent and accountable correctional systems tend to exhibit lower
rates of violence, better healthcare outcomes, and increased rehabili-
tation opportunities.
PRIOR LEGISLATIVE HISTORY:
2024: A7854B/S7607B - died in rules/ THIRD READING FISCAL IMPLICATIONS:
FOR STATE AND LOCAL GOVERNMENTS: To be determined.
EFFECTIVE DATE:
Immediate.
