Requires notification of the press and public within twenty-four hours of the death of an incarcerated individual or any other individual occurring in the custody of the department of corrections and community supervision by department press release and by posting on the department's public website.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7854A
SPONSOR: Epstein
 
TITLE OF BILL:
An act to amend the correction law, in relation to notifying the press
and public of the death of an incarcerated individual or any other indi-
vidual occurring in the custody of the department of corrections and
community supervision
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the correction law to require the Department of
Corrections and Community Supervision to notify the press and the public
within 24 hours of the death of an incarcerated individual or any other
individual occurring in an institution operated by the department,
through press release and posting on the department's public website.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the correction law by adding a new section
17 which requires the Department of Corrections and Community Super-
vision to promptly notify the press and the, public of any deaths that
occur in institutions operated by the department within 24 hours. The
purpose of this section is to ensure transparency and accountability
regarding deaths within correctional facilities and other institutions
under the department's operation.
Section 2 provides the effective date
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
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 prisoner 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 rehabilitation
opportunities.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7854--A
2023-2024 Regular Sessions
IN ASSEMBLY
July 7, 2023
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Correction -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to notifying the press
and public of the death of an incarcerated individual or any other
individual occurring in the custody of the department of corrections
and community supervision
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 17 to
2 read as follows:
3 § 17. Notice of death in a correctional facility. Within twenty-four
4 hours of the death of an incarcerated individual or any other individual
5 occurring in the custody of the department, the department shall notify
6 the press and the public of such death by department press release and
7 by posting on the department's public website.
8 § 2. The correction law is amended by adding a new section 511 to read
9 as follows:
10 § 511. Notice of death in a correctional facility. Within twenty-four
11 hours of the death of an incarcerated individual or any other individual
12 under the custody of the department, the department, the sheriff of the
13 county, or in counties within the city of New York the commissioner of
14 correction of such city, or in the county of Westchester the commission-
15 er of correction of such county shall notify the press and the public of
16 such death by press release and by posting on the locality's public
17 website.
18 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11798-03-3