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A01249 Summary:

A01249 Actions:

A01249 Committee Votes:

Committee:CORRECTION   Chair:Weprin      
DATE:01/12/2021AYE/NAY:9/3  Action: Favorable         
Weprin
Aye
Giglio
Nay
Colton
Aye
Palmesano
Nay
Rozic
Aye
Walczyk
Nay
Davila
Aye
Walker
Aye
De La Rosa
Aye
Quart
Aye
Burgos
Aye
Burdick
Absent
Kelles
Aye

A01249 Floor Votes:

A01249 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A1249
 
SPONSOR: Weprin

 
TITLE OF BILL:
 
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 correction-
al facilities, as proposed in legislative bills numbers S. 8046 and A.
10194, in relation to the effectiveness thereof
 
 
PURPOSE OR GENERAL IDEA OF BILL:

This bill is a negotiated chapter amendment to Chapter 320 of the Laws
of 2020 (A. 10194).
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1 adds a new subdivision 3 to section 146 of the Correction Law.
 
Section 2 is the effective date.
 
 
JUSTIFICATION:
 
The Correctional Association of New York ("CANY") has, since 1846, had
special statutory authority to visit and inspect state prisons and
report on the Association's findings. Chapter 320 of 2020 was enacted to
set forth certain procedures assuring that the Correctional Association
of New York can effectively access, visit, inspect and examine all state
correctional facilities.
 
This chapter amendment makes several changes to L.. 2020, c. 320:
provides that CANY shall give DOCCS 72 hours advance notice prior to
visiting a correctional facility; limits four Association visitors to a
Special Housing Unit ("SHU") at the same time; requires CANY to provide
the Department annually or more frequently with a list of names and
contact information of people visiting the correctional facility on
behalf of the Association; provides a definition of "emergency" when
there is an immediate threat to facility safety; requires CANY to
include the Department's written response regarding facility conditions
and related issues in certain Association final reports to the Governor,
Legislature and the public; and provides that Association employees,
board members and designees must sign a waiver, which currently occurs,
as a condition of entry into a DOCCS facility.
 
 
PRIOR LEGISLATIVE HISTORY:
 
None.
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
LOCAL FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
This bill will take effect on May 31, 2021.

A01249 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1249
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Correction
 
        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
    20  mental hygiene law or federal law.]; provided, however, that  only  four
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07163-01-1
        A. 1249                             2
 
     1  people  from  the  party may enter a special housing facility or unit at
     2  the same time. Prior to  the  visitation  authorized  pursuant  to  this
     3  subdivision,  the  correctional association shall provide to the depart-
     4  ment on, at least, an annual basis a list of people who will be visiting
     5  the  facility  or  facilities, including names, dates of birth, driver's
     6  license numbers and their designation as an employee, board  member,  or
     7  designee  in  order  for  the  department  to  perform prompt background
     8  checks. The department may [not] place restrictions on such  visits  and
     9  inspections[, including during periods] when [facilities are] a facility
    10  is  locked  down[,  although  they may restrict access to a portion of a
    11  facility in emergency situations for the duration of the  emergency]  or
    12  experiencing  a facility wide emergency. In addition, the department may
    13  restrict access to a portion of a facility in an emergency situation for
    14  the duration of the emergency.  For the purpose of this subdivision,  an
    15  emergency shall be determined by the commissioner or his or her designee
    16  and  defined  as  a  significant  risk  to the safety or security of the
    17  facility, or the health, safety or security  of  staff  or  incarcerated
    18  individuals,  or  an event that significantly compromises the operations
    19  of the facility.
    20    b. Upon twenty-four hours advance notice, at the commencement  of  any
    21  visits to, or inspections and examinations of, state correctional facil-
    22  ities,  the  superintendent and executive team, to the extent [possible]
    23  practicable, shall meet with the correctional association. Upon  twenty-
    24  four  hours  advance  notice,  the  correctional  association  may  meet
    25  privately with the inmate liaison committee and representatives  of  the
    26  inmate grievance resolution committee or any other [inmate] organization
    27  of [its choosing] incarcerated individuals recognized by the department.
    28    c.  During  the  course  of any such visit, inspection or examination,
    29  upon consent of the person being interviewed, the  correctional  associ-
    30  ation  shall have the power to interview and converse publicly or confi-
    31  dentially with any correctional employee[,] or any incarcerated individ-
    32  ual[, and any other person providing services in  a  state  correctional
    33  facility,  whether  or  not  employed by such facility]. Such interviews
    34  shall not be restricted by the  department  or  attended  by  anyone  on
    35  behalf  of  the department nor shall there be any retaliation or adverse
    36  action taken by the department or other state  agency  against  [anyone]
    37  any  incarcerated  individual  who agrees to speak with the correctional
    38  association. The department may not limit the number of individuals  the
    39  correctional   association   may   interview  or  the  duration  of  the
    40  interviews, in any manner  unreasonable  under  the  circumstances.  The
    41  correctional association shall have the power to conduct private, confi-
    42  dential  meetings  [at  their pleasure and without notice to the depart-
    43  ment] reasonable in number under  the  circumstances  with  incarcerated
    44  people in housing units and in attorney visiting rooms or other rooms in
    45  the  facility  in which their conversations will remain confidential. No
    46  department employee may attend or listen to any such meeting without the
    47  consent of the correctional association.
    48    d. [The correctional association may at any  time  request  and  shall
    49  promptly receive from the department or any other agency of the state or
    50  public  authority  such paper, electronic, and digital records including
    51  but not limited to any and all documents, papers, logbooks, books, data,
    52  video, audio, policies, procedures, directives and emails related to the
    53  management, conditions of confinement and  treatment  of  persons  under
    54  custody, issues or operation of any state correctional facility, includ-
    55  ing  policies,  practices  and procedures relating to staff training and
    56  recruitment, so as to enable the correctional association to  carry  out
        A. 1249                             3

     1  its  mission  and  duties,  regardless  of whether such requested paper,
     2  electronic, and digital records could have been withheld  under  article
     3  six  of the public officers law. Any such paper, electronic, and digital
     4  records  provided to the correctional association by the department does
     5  not constitute a waiver of any confidentiality  or  privilege  regarding
     6  such  records.  The  correctional  association shall not be compelled to
     7  testify or release records that are otherwise exempt from public disclo-
     8  sure, including  identifying  information  or  correspondence  with  any
     9  person,  without a court order unless that person consents in writing to
    10  the release of such information.
    11    e. The correctional association shall periodically, but not less  than
    12  every five years, conduct inspections of each state correctional facili-
    13  ty  and  shall  issue  reports  and recommendations to the governor, the
    14  legislature and the public about the conditions and issues at each  such
    15  facility.  The  department shall issue a timely response to said reports
    16  and include explanations of any actions that have been or will be  taken
    17  to  address  the  issues  raised  therein.] The correctional association
    18  shall  periodically,  but  not  less  than  every  five  years,  conduct
    19  inspections  of each state correctional facility and shall issue reports
    20  and recommendations to the governor,  the  legislature  and  the  public
    21  about  the  conditions  and issues at each such facility. When preparing
    22  such formal reports and recommendations,  the  correctional  association
    23  shall  submit a tentative copy of such report and recommendations to the
    24  commissioner. The commissioner may submit a  written  response  to  such
    25  tentative  report  within  sixty  days  of the receipt thereof. When the
    26  correctional association thereafter submits its final report and  recom-
    27  mendations,  it  shall  contain a complete copy of the response, if any,
    28  submitted to the tentative report and recommendations.
    29    [f.] e. The correctional association may  send  surveys  or  question-
    30  naires  to  people  in  custody  concerning conditions of confinement or
    31  other subjects within the scope of their mission without prior  approval
    32  of  the  department.  [The department shall distribute such surveys when
    33  requested by the correctional association.] The correctional association
    34  may also receive phone calls from incarcerated individuals and/or set up
    35  a hotline for [such individuals to contact them] individuals to  use  if
    36  they choose to contact them.
    37    [g. In any case where the department or an employee thereof shall fail
    38  to  comply  with  the  provisions  of this subdivision, the correctional
    39  association may apply to the supreme court for an order directed to  the
    40  department or such employee of the department requiring compliance ther-
    41  ewith.  Upon  such application, the court may issue such order as may be
    42  just and a failure to comply with the order of  the  court  shall  be  a
    43  contempt  of  court  and be punishable as such; any action or proceeding
    44  commenced by the correctional association pursuant to  this  subdivision
    45  shall  have  a  preference  over  all  other cases, except habeas corpus
    46  proceedings, pending before the  court.]  f.  The  inspection  of  state
    47  correctional facilities by the correctional association pursuant to this
    48  subdivision shall be undertaken solely in furtherance of the correction-
    49  al  association's lawful powers, duties and obligations, and information
    50  obtained pursuant to these powers shall be used solely in furtherance of
    51  the correctional association's mission.  Employees,  board  members  and
    52  designees  shall  be  required  to sign a waiver as a condition of entry
    53  into a correctional facility pursuant to this subdivision.
    54    § 2. Section 3  of  a  chapter  of  the  laws  of  2020  amending  the
    55  correction  law  relating  to permitting the correctional association to
    56  access, visit, inspect, and examine all state  correctional  facilities,
        A. 1249                             4
 
     1  as  proposed  in  legislative  bills  numbers  S.  8046 and A. 10194, is
     2  amended to read as follows:
     3    §  3. This act shall take effect on the [ninetieth] one hundred eight-
     4  ieth day after it shall have become a law.
     5    § 3. This  act  shall  take  effect  immediately,  provided,  however,
     6  section  one  of  this act shall take effect on the same date and in the
     7  same manner as a chapter of the laws of 2020 amending the correction law
     8  relating to permitting the correctional association  to  access,  visit,
     9  inspect,  and  examine all state correctional facilities, as proposed in
    10  legislative bills numbers S. 8046 and A. 10194, takes effect.

A01249 LFIN:

 
NO LFIN

A01249 Chamber Video/Transcript: