A06640 Summary:
BILL NO | A06640 |
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SAME AS | No Same As |
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SPONSOR | Zinerman |
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COSPNSR | |
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MLTSPNSR | |
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Amd §137, Cor L | |
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Enacts the "correctional abuse accountability act"; requires actions by the department if a correctional officer seriously harms or is responsible for the death of an incarcerated individual. |
A06640 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A6640 SPONSOR: Zinerman
  TITLE OF BILL: An act to amend the correction law, in relation to correctional officer conduct and penalty for maltreatment of an incarcerated individual   PURPOSE OR GENERAL IDEA OF BILL: To ensure that any correctional officers that has caused any harm to an inmate gets removed immediately to maintain the safety of inmates, and to hold correctional officers accountable   SUMMARY OF PROVISIONS: Section 1. Short title. This act shall be known and may be cited as 2 the "correctional abuse accountability act". Section 2. Section 137 of the correction law is amended by adding a new 4 subdivision 5-a to read as follows: 5-a. (a) If a departmental correctional officer is involved in the seri- ous injury, harm, or other maltreatment, as provided for in subdivision five of this section, of an incarcerated individual, such officer shall be removed immediately and placed into a different position within the department in which the officer shall have no direct contact with any incarcerated individuals. (b) If a department correctional officer is charged with involvement in the homicide of an incarcerated individual, such officer shall be placed om leave during the course of the department's investigation. If the officer is found to have been involved in the homicide, such officer's employment with the department shall be terminated immediately. (c) No provision of this subdivision shall be interpreted as shielding such an officer from civil or criminal action. Department investigation need not to be completed or have implicated the officer before a civil or criminal action may be commenced. Section 3. This act shall take effect immediately.   JUSTIFICATION: This legislation will provide the necessary measures aimed to ensure protection for inmates, as well as accountability within the correction- al institutions Current events, like the Robert Brooks case, illustrate how urgently extensive supervision and reform are needed. Under the presumed supervision of correctional staff, Robert Brooks, an inmate at the Marcy Correctional Center, suffered severe beatings before passing away from the injuries he suffered. Investigations showed that some of the policemen who had abused Brooks were also being investigated for another instance in which they had used excessive force to seriously injure another inmate. The current state of unregulated violence in correctional facilities indicates to a systemic issue that needs to be resolved by stronger legislative measures. Robert Brooks' death is not an isolated instance; actually, it is a part of an alarming pattern of unregulated violence in correctional facili- ties. Internal accountability procedures failed, as evidenced by the fact that some of the involved officers were already under investigation for past abuse. These abuses will continue in the absence of legislative action, putting further strain on public confidence in the legal system. To stop tragedies in the future, hold wrongdoers accountable, and rebuild the integrity of the criminal system, the Correctional Abuse Accountability Act is needed. No incarcerated person, regardless of their background, will be faced with inhumane or cruel treatment by those assigned with their care because of this legislation.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: N/A   EFFECTIVE DATE: This act shall take effect immediately.
A06640 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6640 2025-2026 Regular Sessions IN ASSEMBLY March 6, 2025 ___________ Introduced by M. of A. ZINERMAN -- read once and referred to the Commit- tee on Correction AN ACT to amend the correction law, in relation to correctional officer conduct and penalty for maltreatment of an incarcerated individual The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "correctional abuse accountability act". 3 § 2. Section 137 of the correction law is amended by adding a new 4 subdivision 5-a to read as follows: 5 5-a. (a) If a department correctional officer is involved in the seri- 6 ous injury, harm, or other maltreatment, as provided for in subdivision 7 five of this section, of an incarcerated individual, such officer shall 8 be removed immediately and placed into a different position within the 9 department in which the officer shall have no direct contact with any 10 incarcerated individual. 11 (b) If a department correctional officer is charged with involvement 12 in the homicide of an incarcerated individual, such officer shall be 13 placed on leave during the course of the department's investigation. If 14 the officer is found to have been involved in the homicide, such offi- 15 cer's employment with the department shall be terminated immediately. 16 (c) No provision of this subdivision shall be interpreted as shielding 17 such an officer from civil or criminal action. Department investigation 18 need not be completed or have implicated the officer before a civil or 19 criminal action may be commenced. 20 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09229-02-5