STATE OF NEW YORK
________________________________________________________________________
875
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the correction law, in relation to the correctional
association's ability to access, visit, inspect, and examine all state
correctional facilities; and to amend a chapter of the laws of 2020
amending the correction law relating to permitting the correctional
association to access, visit, inspect, and examine all state correc-
tional facilities, as proposed in legislative bills numbers S. 8046
and A. 10194, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 146 of the correction law, as
2 added by a chapter of the laws of 2020 amending the correction law
3 relating to permitting the correctional association to access, visit,
4 inspect, and examine all state correctional facilities, as proposed in
5 legislative bills numbers S. 8046 and A. 10194, is amended to read as
6 follows:
7 3. a. Notwithstanding any other provision of law to the contrary, the
8 correctional association shall be permitted[, at its pleasure,] to
9 access, visit, inspect, and examine all state correctional facilities
10 [without] with seventy-two hours advance notice to the department. Up to
11 twelve people may comprise the [correctional association] visiting party
12 [Except for documents or records created about employees of the depart-
13 ment solely for supervisory or disciplinary purposes, the correctional
14 association shall be given unfettered access to all paper, electronic,
15 and digital records, including but not limited to documents, papers,
16 logbooks, emails, books, data, video and audio recordings, policies, and
17 procedures pertaining to the management, condition, issues or operation
18 of any state correctional facility, including the individual records of
19 incarcerated individuals that are not otherwise confidential under the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07163-01-1
S. 875 2
1 mental hygiene law or federal law.]; provided, however, that only four
2 people from the party may enter a special housing facility or unit at
3 the same time. Prior to the visitation authorized pursuant to this
4 subdivision, the correctional association shall provide to the depart-
5 ment on, at least, an annual basis a list of people who will be visiting
6 the facility or facilities, including names, dates of birth, driver's
7 license numbers and their designation as an employee, board member, or
8 designee in order for the department to perform prompt background
9 checks. The department may [not] place restrictions on such visits and
10 inspections[, including during periods] when [facilities are] a facility
11 is locked down[, although they may restrict access to a portion of a
12 facility in emergency situations for the duration of the emergency] or
13 experiencing a facility wide emergency. In addition, the department may
14 restrict access to a portion of a facility in an emergency situation for
15 the duration of the emergency. For the purpose of this subdivision, an
16 emergency shall be determined by the commissioner or his or her designee
17 and defined as a significant risk to the safety or security of the
18 facility, or the health, safety or security of staff or incarcerated
19 individuals, or an event that significantly compromises the operations
20 of the facility.
21 b. Upon twenty-four hours advance notice, at the commencement of any
22 visits to, or inspections and examinations of, state correctional facil-
23 ities, the superintendent and executive team, to the extent [possible]
24 practicable, shall meet with the correctional association. Upon twenty-
25 four hours advance notice, the correctional association may meet
26 privately with the inmate liaison committee and representatives of the
27 inmate grievance resolution committee or any other [inmate] organization
28 of [its choosing] incarcerated individuals recognized by the department.
29 c. During the course of any such visit, inspection or examination,
30 upon consent of the person being interviewed, the correctional associ-
31 ation shall have the power to interview and converse publicly or confi-
32 dentially with any correctional employee[,] or any incarcerated individ-
33 ual[, and any other person providing services in a state correctional
34 facility, whether or not employed by such facility]. Such interviews
35 shall not be restricted by the department or attended by anyone on
36 behalf of the department nor shall there be any retaliation or adverse
37 action taken by the department or other state agency against [anyone]
38 any incarcerated individual who agrees to speak with the correctional
39 association. The department may not limit the number of individuals the
40 correctional association may interview or the duration of the
41 interviews, in any manner unreasonable under the circumstances. The
42 correctional association shall have the power to conduct private, confi-
43 dential meetings [at their pleasure and without notice to the depart-
44 ment] reasonable in number under the circumstances with incarcerated
45 people in housing units and in attorney visiting rooms or other rooms in
46 the facility in which their conversations will remain confidential. No
47 department employee may attend or listen to any such meeting without the
48 consent of the correctional association.
49 d. [The correctional association may at any time request and shall
50 promptly receive from the department or any other agency of the state or
51 public authority such paper, electronic, and digital records including
52 but not limited to any and all documents, papers, logbooks, books, data,
53 video, audio, policies, procedures, directives and emails related to the
54 management, conditions of confinement and treatment of persons under
55 custody, issues or operation of any state correctional facility, includ-
56 ing policies, practices and procedures relating to staff training and
S. 875 3
1 recruitment, so as to enable the correctional association to carry out
2 its mission and duties, regardless of whether such requested paper,
3 electronic, and digital records could have been withheld under article
4 six of the public officers law. Any such paper, electronic, and digital
5 records provided to the correctional association by the department does
6 not constitute a waiver of any confidentiality or privilege regarding
7 such records. The correctional association shall not be compelled to
8 testify or release records that are otherwise exempt from public disclo-
9 sure, including identifying information or correspondence with any
10 person, without a court order unless that person consents in writing to
11 the release of such information.
12 e. The correctional association shall periodically, but not less than
13 every five years, conduct inspections of each state correctional facili-
14 ty and shall issue reports and recommendations to the governor, the
15 legislature and the public about the conditions and issues at each such
16 facility. The department shall issue a timely response to said reports
17 and include explanations of any actions that have been or will be taken
18 to address the issues raised therein.] The correctional association
19 shall periodically, but not less than every five years, conduct
20 inspections of each state correctional facility and shall issue reports
21 and recommendations to the governor, the legislature and the public
22 about the conditions and issues at each such facility. When preparing
23 such formal reports and recommendations, the correctional association
24 shall submit a tentative copy of such report and recommendations to the
25 commissioner. The commissioner may submit a written response to such
26 tentative report within sixty days of the receipt thereof. When the
27 correctional association thereafter submits its final report and recom-
28 mendations, it shall contain a complete copy of the response, if any,
29 submitted to the tentative report and recommendations.
30 [f.] e. The correctional association may send surveys or question-
31 naires to people in custody concerning conditions of confinement or
32 other subjects within the scope of their mission without prior approval
33 of the department. [The department shall distribute such surveys when
34 requested by the correctional association.] The correctional association
35 may also receive phone calls from incarcerated individuals and/or set up
36 a hotline for [such individuals to contact them] individuals to use if
37 they choose to contact them.
38 [g. In any case where the department or an employee thereof shall fail
39 to comply with the provisions of this subdivision, the correctional
40 association may apply to the supreme court for an order directed to the
41 department or such employee of the department requiring compliance ther-
42 ewith. Upon such application, the court may issue such order as may be
43 just and a failure to comply with the order of the court shall be a
44 contempt of court and be punishable as such; any action or proceeding
45 commenced by the correctional association pursuant to this subdivision
46 shall have a preference over all other cases, except habeas corpus
47 proceedings, pending before the court.] f. The inspection of state
48 correctional facilities by the correctional association pursuant to this
49 subdivision shall be undertaken solely in furtherance of the correction-
50 al association's lawful powers, duties and obligations, and information
51 obtained pursuant to these powers shall be used solely in furtherance of
52 the correctional association's mission. Employees, board members and
53 designees shall be required to sign a waiver as a condition of entry
54 into a correctional facility pursuant to this subdivision.
55 § 2. Section 3 of a chapter of the laws of 2020 amending the
56 correction law relating to permitting the correctional association to
S. 875 4
1 access, visit, inspect, and examine all state correctional facilities,
2 as proposed in legislative bills numbers S. 8046 and A. 10194, is
3 amended to read as follows:
4 § 3. This act shall take effect on the [ninetieth] one hundred eight-
5 ieth day after it shall have become a law.
6 § 3. This act shall take effect immediately, provided, however,
7 section one of this act shall take effect on the same date and in the
8 same manner as a chapter of the laws of 2020 amending the correction law
9 relating to permitting the correctional association to access, visit,
10 inspect, and examine all state correctional facilities, as proposed in
11 legislative bills numbers S. 8046 and A. 10194, takes effect.
