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A06640 Summary:

BILL NOA06640
 
SAME ASNo Same As
 
SPONSORZinerman
 
COSPNSR
 
MLTSPNSR
 
Amd §137, Cor L
 
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.
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A06640 Memo:

NEW 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.
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A06640 Text:



 
                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
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